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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 />Map. <br />June 2, 2025 City will hold its Fourth Public Hearing. City to solicit public input regarding draft <br />Map. If the draft Map is revised during or after the two public hearings, it must again be publicly <br />available seven (7) days prior to final adoption. After finalization of draft maps, the City must <br />publish and make publicly accessible at least one draft map along with the sequence of elections <br />if election of councilmembers is staggered. <br />June 16, 2025 City Council to vote on the adoption of the final Map along with Ordinance. <br />July 5, 2025 Deadline for City to hold all public hearings and community input meetings. <br />FINANCIAL IMPACTS <br />Actions taken following approval of the Written Agreement, including but not limited to outreach <br />efforts and coordination with legal counsel to assure compliance with applicable laws, will <br />necessitate staff time and resources. If the City follows the prescribed process under the CVRA <br />and the FAIR MAPS Act, its financial liability to the plaintiff’s attorneys will be capped at <br />approximately $30,000 (subject to adjustment). <br />In contrast, failing to act could expose the City to substantially higher litigation costs. Litigating a <br />CVRA claim is costly, and the City Attorney has reviewed and analyzed an extensive history of <br />public agencies entering into past settlements where litigation commenced and/or judgments <br />were rendered that exceeded millions of dollars in legal fees and associated costs. Notably, such <br />judgments often mandated the public entity to transition to district-based elections anyway. <br />Therefore, the City risks significant financial liability if it does not take timely action to transition to <br />district-based elections. <br />CONCLUSION <br />Given the legal risks and financial implications, staff recommends that the City Council adopt a <br />resolution to approve and authorize the City Manager to execute the Written Agreement. This <br />approach not only maintains the City’s position for minimizing the potential legal and financial <br />exposure but also reinforces the democratic principles outlined in both the CVRA and the City <br />Charter. Engaging the public in this process will ensure that the new district boundaries are drawn <br />in a manner that enhances representation and complies with all applicable legal frameworks. <br />ATTACHMENTS <br />A: Resolution <br />B: Notice of CVRA Violation (November 19, 2024) <br />C: District Maps <br />PREPARED BY: Kelly B. Clancy, CMC, City Clerk, City Manager’s Office <br />Page 5 City of San Leandro Printed on 9/4/2025
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