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City of San Leandro City Council Meeting Date: April 7, 2025 Agenda Number: 10.b. Agenda Section: ACTION ITEMS File Number: 25-113 File Type: Staff Report Adopt a Resolution to Approve and Authorize the City Manager or Her Designee to Execute a Written Agreement with the Prospective Plaintiff to Extend the Safe Harbor Period Pursuant to Elections Code Section 10010 RECOMMENDATION Adopt a resolution that approves and authorizes the City Manager to execute a written agreement with Prospective Plaintiff Robert Bulatao to extend the safe harbor period in consideration of Prospective Plaintiff’s requirement for the City Council to present and vote on an ordinance establishing district-based elections within the safe harbor period. SUMMARY The City Council adopted a resolution of intent on January 6, 2025, which would end the 90-day safe harbor period on April 7, 2025. The proposed written agreement would extend the safe harbor period to July 5, 2025. Not only would this prohibit the Prospective Plaintiff (Robert Bulatao) from filing a CVRA suit during this time, but it would maintain the cap for the amount of attorneys’ fees that Prospective Plaintiff can recover. With the extension, the City anticipates completing the requisite public hearings within the 90-day period as well as preparing and presenting an Ordinance to establish district-based elections within the safe harbor period. As outlined under the California Voting Rights Act (“CVRA”), Elections Code Section 10010 provides a 90-day safe harbor period following a public entity’s adoption of a resolution evidencing its intent to transition to district-based elections to conduct and satisfy its public hearings requirement. During this 90-day period, a prospective plaintiff who originally submitted a written notice of a CVRA violation is prohibited from filing suit. The prospective plaintiff and the public entity may then enter into a written agreement to extend the 90-day safe harbor period, up to an additional 90 days, in order to provide additional time for the public entity conduct public outreach, encourage public participation, and receive public input. BACKGROUND On November 21, 2024, the City received a letter from Goldstein, Borgen, Dardarian & Ho on behalf of the prospective plaintiff, Robert Bulatao. Mr. Bulatao alleges the City violated the CVRA because its current at-large election system led to racially polarized voting that diminished the electoral power of the City’s Asian electorate. The letter concluded that the City must move to district-based elections to resolve these issues. The November 21, 2024, letter triggered a 45-day period during which Mr. Bulatao was prohibited from filing a CVRA suit. On January 6, 2025, the City Council adopted a resolution noticing the City’s intent to move to district-based elections for the 2026 elections, and which also proposed a timeline for the City to conduct public hearings that are required by the CVRA within 180 days. The adoption of the Page 1 City of San Leandro Printed on 9/4/2025