TITLE
Introduce and Adopt an Ordinance to Establish By-District Election of Councilmembers Pursuant to Elections Code §10010
staffreport
EXECUTIVE SUMMARY
On November 21, 2024, the City received a notice of potential CVRA violation from Goldstein, Borgen, Dardarian, & Ho ("GBDH") on behalf of their client and claimant. The notice letter is included as Attachment A.
On January 6, 2025, the City Council adopted a resolution declaring its intent to transition to district-based elections pursuant to the California Voting Rights Act (“CVRA”), included as Attachment B. On April 7, 2025, the City Council entered into a written agreement with the claimant to complete all requisite public hearings by July 5, 2025. All four scheduled public hearings have been held, with the final public hearing conducted on June 2, 2025. The City’s draft map reflects the existing district map and City Council directed staff to prepare an ordinance to transition the City’s existing at-large election system to by-district or “district-based” elections pursuant to Government Code section 34871.
This hearing is the final public hearing for the matter, whereby the City Council is set to vote on the ordinance, which would initiate the ballot measure process for establishing district-based elections as well as adopt the City’s existing election map to affirm the boundaries of each council district.
RECOMMENDATION
Hold a final hearing regarding the composition of voting districts to be established for the district-based election of Councilmembers beginning in 2026 and adopt an ordinance to establish district-based elections of Councilmembers and a final district map in accordance with the California Voting Rights Act.
BACKGROUND
On November 21, 2024, the City received a letter from GBDH on behalf of claimant, Robert Bulatao. The letter alleged the City was violating 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 the issue. The November 21, 2024, letter triggered a 45-day period during which Mr. Bulatao was prohibited from filing a CVRA suit.
After careful consideration of the potential costs and risks arising from CVRA-related litigation, the City Council adopted Resolution No. 25-003 noticing the City’s intent to move to district-based elections for the 2026 election on January 6, 2025. The resolution proposed a timeline for the City to conduct public hearings that are required by the CVRA. The adoption of the notice of intent triggered a 90-day safe harbor period, which prevents claimant from suing the City, and maintaining a cap of $30,000 for any attorneys’ fees claimant’s counsel can recover. While the period to statutorily complete the conversion to district-based elections is 90 days, the City’s proposed timeline conformed to communications with claimant’s counsel that lead to an additional 90 days - for a total of 180 days to complete the transition.
Further communications with claimant’s counsel revealed that claimant’s counsel would only stipulate to a written agreement to extend the timeline for the full 180 days if the City agreed to vote on an ordinance establishing district-based elections within the 90-day extension period. There is nothing in the relevant statutes that mandates the City Council vote upon and/or approve an ordinance within the safe harbor period; the statute only contemplates such period in order to conduct all required public hearings.
After further discussion, including the risks of litigation and consequences of being outside of the safe harbor period, both parties agreed to extend the 90-day safe harbor period to July 5, 2025. At its April 21, 2025 meeting, the City Council approved Resolution No. 25-034, formally entering into the written agreement with claimant to extend the safe harbor period.
The Council’s resolution of intent and subsequent written agreement with claimant formalized a timeline of public hearings. The first two public hearings were held on April 21 and May 5, 2025, respectively, and the City was not obligated to propose any district maps but instead offered the public an opportunity to provide input regarding the district map’s criteria and composition of voting districts. On or around May 12, 2025, the City published the draft map proposal on the City’s website (https://www.sanleandro.org/1442/District-Elections). The draft map is the same as the existing council district map that the City finalized following its 2022 redistricting process.
On May 19, 2025, the City Council held its third public hearing to provide the public with an opportunity to comment on the proposed maps, to offer alternatives, and to weigh in on the transition to district-based elections. The map has and continues to remain on the City’s website for public review. On June 2, 2025, the City Council held its fourth public hearing to allow public input on the proposed district map. Following the fourth public hearing, the City Council selected the final map and provided further direction to City staff.
Pursuant to the written agreement, the City Council is now holding a final public hearing on the establishment of district-based election for Councilmembers. At the conclusion of the public hearing, it is anticipated that the City Council will vote on an ordinance to establish district-based elections.
LEGAL ANALYSIS
This public hearing is being held pursuant to Elections Code section 10010(a), which mandates a public agency that is transitioning from an at-large to district-based election system to hold a public hearing where the governing body takes action on an ordinance establishing district-based elections.
A. Submitting a Ballot Measure to the City’s Electorate.
Pursuant to the written agreement, the City must vote on an ordinance to establish district-based elections and adopt a map describing district boundaries.
Under the FAIR MAPS Act of 2023, the City has two options to formalize the ordinance. Under Government Code Section 34886, the City Council may adopt an ordinance that requires members of the City Council to be elected by-district with an elective mayor without requiring the ordinance to be submitted to the City’s voters for approval. Conversely, Government Code Section 34871 permits the City Council to submit to the City’s registered voters an ordinance providing for by-district elections where the existing legislative body is comprised of six districts with an elective mayor.
As is here, the City will remain in compliance with the CVRA in deciding to vote on an ordinance that would be submitted to the City’s electorate as permitted under Government Code section 34871.
B. Legal Requirements for Mapping.
Section 230 of the City of San Leandro Charter requires district boundaries to be drawn whenever the results of the federal census show an increase of five percent (5%) or more since the last redistricting. The City Council last approved new council district boundaries in 2022, following the 2020 federal census. The 2020 census data, released in August 2021, revealed a population growth of 7.13% Citywide, thereby triggering the Charter requirement for the City Council’s formal review of its district boundaries.
Between January and April 2022, the City undertook its redistricting process pursuant to Section 230 of the City of San Leandro Charter, adhering to the requirements in Section 230 of the Charter throughout its redistricting process. On or around April 2022, the City concluded its redistricting process by submitting its final redistricting plan to the Alameda County Registrar of Voters (“ROV”) - which was later certified. The map is provided as Attachment C.
Pursuant to Section 21130(a) of the Elections Code, public agencies that adopt an ordinance to transition to district-based elections have an obligation under the United States Constitution to ensure that the council districts are substantially equal in population. Population equality must be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 1 are available. (Id., subd. (b).) The City must have “substantially equal” districts. (Reynolds, et al. v. Sims et al. (1964) 377 U.S. 533.) Furthermore, the City’s Charter mandates each district contain “as nearly as possible, equal number of residents.” (San Leandro City Charter, § 230.)
The FAIR MAPS Act established criteria for adopting election district boundaries. (Elec. Code, § 21130(c).) However, these criteria do not apply to charter cities that have adopted comprehensive or exclusive redistricting criteria in its city charter that includes a requirement to keep whole either communities of interest or neighborhoods. (Elec. Code, § 21130(g).) For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more mandatory traditional redistricting criteria other than the requirement that districts be equal in population. The City’s Charter makes the FAIR MAPS Act’s criteria inapplicable because Section 230 of the City Charter requires the following:
• Each district shall consist of geographically contiguous territory.
• Each district shall consist of geographically compact territory.
• Each district shall contain, as nearly as possible, equal numbers of residents.
• District boundaries shall approximate election precinct boundaries established by the Alameda County Board of Supervisors.
C. Sequencing of Elections.
Section 10010(b) of the Elections Code is the only provision under the CVRA that addresses principles applicable to elections sequencing:
(b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.
However, Article XI, section 5(b), of the California Constitution gives charter cities plenary authority over its electoral system and “the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have…”
Section 235(b) establishes the City’s sequence of elections: “the officers elected in 2002 shall hold office for a term ending December 31, 2006 and officers elected in 2004 shall hold office for a term ending December 31, 2008.” Councilmembers are elected to four-year positions commencing on January 1 following the election. (Id.)
At the third and fourth public hearings respectively held on May 19 and June 2, 2025, the City Council solicited public input to consider a range of options for determining the sequence of by-district elections. After the discussion, the City Council determined that the City’s existing election sequence would remain in place, with Districts 1, 3, and 5, as shown on the map attached as Attachment C, be slated for elections in November 2026. The remaining districts, Districts 2, 4, and 6, slated for election in 2028.
Throughout the by-district transition process, the public has been encouraged to provide input on the contours of the election sequence. The City Council’s decision was informed by the public’s input. The City Council, however, has and retains discretion to weigh all factors in determining the most appropriate sequencing approach for the City.
D. Next Steps
It is recommended that the City Council hold the final hearing and, following the close of the hearing, consider the adoption of the proposed ordinance to establish district-based election of councilmembers and adopt a map describing the boundaries of each and every election district.
FINANCIAL IMPACTS
If the City follows the prescribed process under the CVRA and the FAIR MAPS Act, its financial liability to the claimant’s attorneys will remain capped at approximately $30,000 (as adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor).
In contrast, failing to act could expose the City to substantially higher litigation costs. Litigating a CVRA claim is costly, and the City Attorney has reviewed and analyzed an extensive history of public agencies entering past settlements where litigation commenced and/or judgments were rendered that exceeded millions of dollars in legal fees and associated costs. Notably, such judgments often mandated the public entity to transition to district-based elections anyway. Therefore, the City risks significant financial liability if it does not take timely action to transition to district-based elections.
ENVIRONMENTAL IMPACTS
This action is categorically exempt from the California Environmental Quality Act (“CEQA”) because it is not a “project” which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
CONCLUSION
Given the policy matter as a whole, including the legal risks and financial implications, staff recommend that the City Council vote on an ordinance to establish district-based elections, subject to passage of a charter amendment to the same effect This approach not only conforms to the written agreement with claimant but also complies with all applicable legal frameworks under the Elections Code, Government Code, and the City Charter.
Staff also recommends City Council direct staff to scope an outreach and education plan for receiving public input on placement of a measure on the ballot for voters to decide whether to amend the City Charter to change from at-large to by-district elections and return to the City Council for approval of the outreach plan.
ATTACHMENTS
A - Draft Ordinance
Ex A - District Map
B - Notice of CVRA Violation (received on November 21, 2024)
C - Resolution of Intent
Prepared by: Kelly B. Clancy, CMC
City Clerk, City Manager’s Office