City Manager's Update / April 2026 | | |
The El Cerrito City Council is an elected legislative body serving the residents of
El Cerrito. Voters currently elect five Councilmembers in an "at-large" election system, where each Councilmember is elected by the registered voters of the entire City, as opposed to a "district-based" election system, where each Councilmember must reside in a specific district in the City and is voted on only by voters within that district.
On March 17, 2026, the City received a letter from the law firm of Rexroad Law alleging that the City's at-large election system violates the California Voting Rights Act ("CVRA"), and threatening litigation if the City declines to voluntarily change to a district-based election system for electing members of the El Cerrito City Council. Rexroad Law claims they are representing an El Cerrito voter.
Under the CVRA, a violation is established if it is shown that Racially Polarized Voting
(RPV) occurs in elections. RPV is defined as voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The letter contained a statistical analysis of El Cerrito elections, used by Mr. Rexroad as the basis for his allegation that a violation has occurred and that RPV is present in El Cerrito elections. When the City received the letter, the City Attorney hired a statistician to perform an RPV analysis of the City's elections, which concluded only the statistical possibility of RPV. As a result, the City disagrees that there is sufficient evidence of a violation of the CVRA and believes that the statistical analysis provided with Mr. Rexroad’s demand letter is flawed.
However, while the City disagrees with the assertions made in Mr. Rexroad’s letter, public agencies that have been sued under the CVRA have typically been forced to pay large sums to settle with plaintiffs' attorneys. There are provisions in the Elections Code that allow the City to change to a district-based election system within a prescribed amount of time, which would avoid the high cost of litigation under the CVRA. While this creates what is called a "safe harbor provision" where the City cannot be sued for violation of the CVRA, it still provides for the plaintiffs and their attorneys to be paid approximately $40,000 for reimbursable expenses and costs. In order to gain the protection of the safe harbor provision, and minimize the amount of costs that the City could be forced to pay, the City must take action
within 45 days of receiving the letter and declare the City's intent to transition from an at-large to a district-based election system.
As a result, at the City Council meeting on April 21, 2026, the Council will consider a resolution that states the City of El Cerrito's intention to move to district-based elections that would begin with the 2028 election. This sets in motion a series of actions that also must occur over the next two months, including holding several public hearings, drawing potential district maps, setting a timeline for the transition from at-large to districts, and adopting district maps. The deadlines that are set in the CVRA do allow for extensions with agreement of the potential plaintiff, however the City was unable to obtain an agreement for extensions, which would have allowed for a more deliberate and thoughtful process for considering this transition. This means that this entire process must be completed by the middle of July, however the districts would not take effect until the 2028 election cycle.
Although the safe harbor provision of the CVRA limits attorney's fees, receipt of the
letter and a transition to a district-based election system for the 2028 election will have a significant financial impact on the City. The total unanticipated costs for this process are estimated at $250,000, which includes fees due to the prospective plaintiff's attorney, fees associated with retaining a demographer, and the cost of City legal fees to ensure that all regulatory requirements are met in the election system transition. These unanticipated costs are expected to be incurred in the current fiscal year and were obviously not currently budgeted. The City Council must now consider appropriating $250,000 from the City's unrestricted General Fund balance to cover the anticipated costs.
In order to meet the 90 day timeline, the first public hearing is set to be held on May 5, 2026 at which time the City Council will receive community input regarding transitioning to district-based elections, and review a proposed schedule for future hearings. In order to provide tools for community input, and to draw preliminary maps based on community and City Council feedback, the City intends to work with Redwood Public Law, LLC to retain a demographer who serves as an expert in analyzing census data to ensure that the final district map adopted by the City Council is a balance of population, maintaining communities of interest, and ensuring racial/ethnic minorities are represented.
I highly encourage our residents to be engaged in this process of providing input and drawing district maps. The City is currently developing public information tools including a dedicated page on the City's website. Please stay tuned for more information including an updated timeline and tools to participate.
The City is extremely proud of our inclusive community that has resulted in a diverse City Council. Over the years, the Council has included members of many underrepresented groups including people of color, women, and the LGBTQ+ community. In fact, the current City Council is majority women, majority people of color, and a supermajority LGTBQ+. The City's Mission, Vision, and Values that articulates our commitment and dedication to inclusiveness, respect for diversity, and cultivating a welcoming sense of belonging are clear and unwavering. I believe our residents know that our City is diverse, inclusive, and prides itself on having leadership that truly represents and serves our entire community, no matter what election system is in place.
Please take care of yourselves and each other.
Karen Pinkos
City Manager
City of El Cerrito
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10890 San Pablo Ave.
El Cerrito, CA 94530
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