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File Number: 25-113 written agreement shall include a requirement that the district boundaries be established no later than six months before the political subdivision ’s next regular election to select governing board members. The word “established” can be loosely interpreted to mean that the City must do so by adopting an ordinance for the transition to district elections within the 90-day extension period. As a condition to the Written Agreement, specifically, the ordinance must be introduced and voted on at the City’s June 16, 2025 City Council meeting. However, a closer evaluation of the statute does not mandate a specific timeline to which the City must abide related to introduction of an ordinance. There are no other provisions in the CVRA that explicitly require the City adopt an ordinance within a specified time, let alone within the safe harbor period. As such, the City’s interpretation of the Elections Code is consistent with its position. B.Statutory language supports the City’s view that adoption of an ordinance in contravention of the City’s charter is not mandated under the CVRA. To potentially cure or at least justify any inconsistencies between an adopted ordinance and the City’s Charter, Government Code Section 34886 of the FAIR MAPS Act may be invoked. Government Code Section 34886 states: Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21130 of the Elections Code and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the [CVRA]… This is also not on point, especially when viewed in light of the corresponding authority granted under section Government Code section 34871, whereby both statutes state that the City has the discretion to (“may”) adopt either an ordinance without voter approval or place the ordinance before the electorate. Specifically, Government Code Section 34871 states: At any municipal election, or special election held for that purpose, the legislative body may submit to the registered voters an ordinance providing for the election of members of the legislative body in any of the following ways: (a)By districts in five, seven, or nine districts. (b) From districts in five, seven, or nine districts. (c) By districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900). (d) From districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900). Page 3 City of San Leandro Printed on 9/4/2025