EXHIBIT A
TOLLING AGREEMENT
BETWEEN THE CITY OF GONZALES AND THE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) DISTRICT 12
This Tolling Agreement (“Agreement”) is entered into on July __, 2022 (“Effective Date”), by and between the City of Gonzales, a municipal corporation hereinafter referred to as “City,” and the League of United Latin American Citizens, District 12, a 501(c)(3) nonprofit organization (“LULAC”). City and LULAC are individually referred to herein as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, on April 28, 2022, the City received a letter from Andrew Sandoval, LULAC District 12 Director, asserting that City’s at-large election system violated the California Voting Rights Act (“CVRA”), found at Elections Code Section 14025 et. seq., and indicating that litigation might be initiated if the City did not voluntarily transition to a district-based election system; and
WHEREAS, Elections Code Section 10010 sets forth a process by which a jurisdiction may expeditiously transition to a district-based election system and avoid the potential high cost of litigation under the CVRA; and
WHEREAS, Elections Code Section 10010 delays the initiation of CVRA litigation and limits attorneys’ fees associated with a CVRA claim, if, within forty-five (45) days of receipt of written notice of a potential violation of the CVRA, the city adopts a resolution stating its intent to transition from at-large to district-based elections, and then, within ninety (90) days of adoption of the resolution of intent, the City adopts an ordinance establishing district-based elections for all future elections for its governing board; and WHEREAS, based on the ongoing good-faith efforts of City to analyze, consider and discuss the demand to transition to district-based elections, LULAC has waived the aforereferenced requirement in Elections Code Section 10010 for the City to take action on a demand within 45 days of receipt, and on July 18, the Gonzales City Council adopted Resolution No. ___ stating its intent to transition from at-large elections to district-based elections pursuant to the “safe-harbor” provisions of Elections Code Section 10010; and WHEREAS, as noted above, Elections Code Section 10010 provides that if the public entity adopts a resolution stating its intent to transition from at-large to district-based elections, no action to enforce the CVRA may be initiated within ninety (90) days of the resolution’s passage and plaintiff’s attorneys’ fees shall be capped in accordance with statutory limits; and WHEREAS, Elections Code Section 10010 (e)(3)(C)(i) permits the Parties to mutually agree to extend this 90-day period to one hundred and eighty (180) days; and WHEREAS, the aforesaid 180 day extension period provides cities with the time necessary to conduct public outreach, encourage public participation and receive meaningful public input about a transition from at-large to district-based voting.
NOW THEREFORE, in consideration of the mutual terms, covenants, conditions and promises contained herein, the Parties hereto agree as follows:
1. Recitals. All of the foregoing recitals are true and correct and are incorporated herein by reference.
2. Tolling. In accordance with Elections Code Section 10010 (e)(3)(C)(i), the Parties hereby agree to extend the ninety (90) day period under Elections Code Section 10010 (e)(3)(B), during which time LULAC shall not commence an action to enforce the CVRA, to one hundred and eighty (180) days. Section 10010(f)(3)’s cap on total reimbursement shall remain in effect during this 180-day period. LULAC agrees that no legal action shall be commenced by it against the City under the CVRA or Elections Code Section 10010 before January 14, 2023. The district boundaries shall be established by no later than six months before the City’s next regular election to select governing board members. City shall provide LULAC with copies of all documents related to the City’s voting process transition and keep LULCA apprised of City’s progress on the transition effort.
3. Termination. This Agreement will automatically terminate on January 14, 2023 (the “Termination Date”) unless extended in writing by the Parties.
4. No Admission of Liability. This Agreement shall not be construed as an admission of any fact or actual or potential liability on the part of any Party. This Agreement may not be offered as evidence of an admission of any liability or fact in any court proceedings.
5. Binding Effect. Except as otherwise provided in this Agreement, this Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Except as expressly provided herein, nothing in this Agreement is intended to confer on any person, other than the Parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
6. Authority to Bind Parties. Each person executing this Agreement warrants that he or she is empowered and authorized to so execute and has the authority to fully bind the entities in the manner herein described.
7. Notices. Any further notices shall be delivered:
TO CITY
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
Attn: Carmen Gil, Interim City Manager
With a copy to:
Mike Rodriquez, City Attorney
555 12th Street, Suite 1630
Oakland, CA 94607
TO LULAC:
Andrew Sandoval, Director, District 12
[email protected]
8. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California and is binding upon the Parties. Venue for any action arising from this Agreement shall be in Monterey County.
9. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if the Parties had signed the same document. All counterparts shall be construed together and shall constitute one agreement.
10. Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto pertaining to the subject matter thereof; fully supersedes any and all prior understandings and/or agreement between the Parties hereto; or any of them, pertaining to the subject matter thereof, and may be modified only by written agreement signed by all of the Parties thereto.
11. Captions. The captions of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is entered into by the Parties hereto on the day and year first above written in Monterey County, California.
CITY:
City of Gonzales, a municipal corporation
By: _______________________________
LULAC:
League of United Latin American Citizens,
District 12, a 501(c)(3) nonprofit organization
By: _______________________________
Carmen Gil, Interim City Manager Andrew Sandoval, District Director