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File Number: 25-285 <br />notice of intent triggered a 90-day safe harbor period, which prevents claimant from suing the <br />City, and maintaining a cap of $30,000 for any attorneys’ fees claimant’s counsel can recover. <br />While the period to statutorily complete the conversion to district-based elections is 90 days, the <br />City’s proposed timeline conformed to communications with claimant’s counsel that lead to an <br />additional 90 days - for a total of 180 days to complete the transition. <br />Further communications with claimant’s counsel revealed that claimant’s counsel would only <br />stipulate to a written agreement to extend the timeline for the full 180 days if the City agreed to <br />vote on an ordinance establishing district-based elections within the 90-day extension period. <br />There is nothing in the relevant statutes that mandates the City Council vote upon and/or approve <br />an ordinance within the safe harbor period; the statute only contemplates such period in order to <br />conduct all required public hearings. <br />After further discussion, including the risks of litigation and consequences of being outside of the <br />safe harbor period, both parties agreed to extend the 90-day safe harbor period to July 5, 2025. <br />At its April 21, 2025 meeting, the City Council approved Resolution No. 25-034, formally entering <br />into the written agreement with claimant to extend the safe harbor period. <br />The Council’s resolution of intent and subsequent written agreement with claimant formalized a <br />timeline of public hearings. The first two public hearings were held on April 21 and May 5, 2025 , <br />respectively, and the City was not obligated to propose any district maps but instead offered the <br />public an opportunity to provide input regarding the district map’s criteria and composition of <br />voting districts. On or around May 12, 2025, the City published the draft map proposal on the <br />City’s website (https://www.sanleandro.org/1442/District-Elections). The draft map is the same as <br />the existing council district map that the City finalized following its 2022 redistricting process. <br />On May 19, 2025, the City Council held its third public hearing to provide the public with an <br />opportunity to comment on the proposed maps, to offer alternatives, and to weigh in on the <br />transition to district-based elections. The map has and continues to remain on the City’s website <br />for public review. On June 2, 2025, the City Council held its fourth public hearing to allow public <br />input on the proposed district map. Following the fourth public hearing, the City Council selected <br />the final map and provided further direction to City staff. <br />Pursuant to the written agreement, the City Council is now holding a final public hearing on the <br />establishment of district-based election for Councilmembers. At the conclusion of the public <br />hearing, it is anticipated that the City Council will vote on an ordinance to establish district-based <br />elections. <br />LEGAL ANALYSIS <br />This public hearing is being held pursuant to Elections Code section 10010(a), which mandates a <br />public agency that is transitioning from an at-large to district-based election system to hold a <br />public hearing where the governing body takes action on an ordinance establishing district-based <br />elections. <br />A.Submitting a Ballot Measure to the City’s Electorate. <br />Pursuant to the written agreement, the City must vote on an ordinance to establish district-based <br />elections and adopt a map describing district boundaries. <br />Under the FAIR MAPS Act of 2023, the City has two options to formalize the ordinance. Under <br />Page 2 City of San Leandro Printed on 9/4/2025