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Last modified
9/22/2025 4:46:31 PM
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9/15/2025 9:06:18 AM
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CM City Clerk-City Council
Document Date (6)
4/7/2025
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Reso 2025-034 Extend Safe Harbor Period (CVRA)
(Amended)
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\City Clerk\City Council\Resolutions\2025
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File Number: 25-113 <br />The term “by districts” as used in this article shall mean election of members of the <br />legislative body by voters of the district alone. The term “from districts” shall mean <br />election of members of the legislative body who are residents of the district from <br />which they are elected by the voters of the entire city. “Geographical area making <br />up the district” shall in the case of elections by district mean the district, and in the <br />case of elections from districts shall mean the entire city except with respect to the <br />residence requirements imposed by Section 34882. <br />With the use of the permissive term “may,” Sections 34886 and 34871 support the City’s <br />argument that it has discretion as to whether it first wants to adopt an ordinance or put to vote a <br />charter amendment. <br />These statutes do not mandate adoption of district-based elections by ordinance, and the City’s <br />preference to abide by its Charter and move to district-based elections only by voter approval is <br />arguably consistent with the CVRA. <br />C.Next Steps and Timeline <br />If the Council adopts the resolution to approve and authorize the City Manager to execute the <br />Written Agreement then the: <br />·Safe Harbor Period is extended for an additional 90 days, pushing the deadline to July 5, <br />2025; <br />·The Prospective Plaintiff is once again barred from filing suit during the period; and <br />·The City’s financial cap on the recovery of attorneys’ fees would remain. <br />A timeline contemplating the written agreement is provided below: <br />Date Action <br />April 7, 2025 City Council votes to enter into a Written Agreement with Mr. Bulatao to extend the <br />safe harbor period for an additional 90 days. Pursuant to the CVRA, the Written Agreement will <br />include a requirement that the district boundaries will be established no later than six months <br />before the City’s next regular election to select city councilmembers. City Attorney will <br />consequently prepare a Written Agreement, Resolution, and Staff Report. <br />April 17, 2025 The City makes available on its website a tentative schedule of the public <br />outreach events and the public hearings pursuant to this section no later than 10 days after the <br />City enters into Written Agreement with Mr. Bulatao. <br />April 21, 2025 City will hold its First Public Hearing. The City may conduct additional outreach <br />regarding the redistricting process and public participation prior to these two hearings. <br />May 5, 2025 City will hold its Second Public Hearing. <br />May 12, 2025 City to publish the draft Map (City’s existing Map) - seven days before third <br />public hearing. If members of the City Council are elected in their districts at different times to <br />provide for staggered terms of office, the City will also publish the potential sequence of the <br />staggered elections. <br />May 19, 2025 City will hold its Third Public Hearing. City to solicit public input regarding draft <br />Page 4 City of San Leandro Printed on 9/4/2025
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