RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF A REFERENDUM TO BE SUBMITTED TO
THE VOTERS AT THE [SPECIAL OR GENERAL]
MUNICIPAL ELECTION TO BE HELD ON [JUNE 2, 2026
OR NOVEMBER 3, 2026], AND PROVIDING FOR THE
DEADLINES FOR FILING OF THE IMPARTIAL
ANALYSIS AND WRITTEN ARGUMENTS FOR AND
AGAINST THE REFERENDUM MEASURE
WHEREAS, a [Specialor General]MunicipalElectionisto be held inthe City of Newport Beach, California(“City”)on [June2,2026, or November 3, 2026], atwhich there willbe submitted tothe registeredvotersofthe Citythe followingquestion:
MEASURE
Yes
ShallNewport Beach CityCouncil ResolutionNo. 2025-
71, approving an amendment to the General Plan to
increase the allowable development limit(forAnomaly
No. 58 in Table LU2 of the General Plan Land Use
Element) from 20,000 square feetto 59,772 square feet,
be adopted?
No
WHEREAS, pursuanttoElectionsCode (“ElectionsCode”) Section 9280, the City Councilmay directthe CityAttorneyto prepare an impartialanalysis of the referendum measure showing the effecton the existinglaw and the operation of the referendum measure;
WHEREAS, pursuant to ElectionsCode Section 9282, the proponents of a referendum measure may filea writtenargument for,and the legislativebody may filea writtenargument against,an initiativemeasure; and
WHEREAS, the CityCouncil desiresto directthe CityAttorney to prepare an impartialanalysisofthe referendum measure, and to provide forthe filingof arguments forand againstthe referendum measure.
Attachment F
Resolution No. 2026-
NOW, THEREFORE, the CityCouncilof the CityOf Newport Beach, California, does resolve,declare,determine and order as follows:
The CityCouncil hereby directsthe CityClerkto transmita copy ofSection 1:
the referendum to the CityAttorney.The CityAttorney shallprepare an impartialanalysis of the referendum of no more than five hundred words, in accordance with Elections Code Section 9280, to be submitted priorto the fixed date and time for the submission of arguments forand againstthe measure.
Section 2: The proponents of the referendum measure may filean argument for,and the CityCouncilhereby authorizesCouncilMembers [selectCouncil Members] to filea writtenargument against,the referendum measure, not exceeding three hundred words, and accompanied by the printednames and signaturesof the authors submitting it,inaccordance withElectionsCode Sections9282 and 9283.
The CityClerkshallcoordinatewiththe Orange County RegistrarofSection 3:
Voters and, based on that consultation,fixa date and time priorto the electionforthe submission to the City Clerk of arguments in favor of or against the measure. The arguments shallcomply withElectionsCode Sections9282 and 9283.
The arguments shallbe filedwith the CityClerk,signed,with theSection 4:
printednames and signaturesof not more than fiveof the authors submitting it,or if submitted on behalfof an organization,the name of the organization,the printedname and signatureofatleastone ofitsprincipalofficerswho isthe author of the argument, in accordance with Elections Code Section 9283. Arguments shallbe accompanied by the form statement requiredby ElectionsCode Section 9600.
Section 5: The arguments, ordinance, and impartialanalysis shall be made availableforpublicexaminationforno fewer than ten calendar days followingthe deadline for submission of those materials, in accordance with Elections Code Section 9295.
Section 6: The City Clerk shallcertifyto the passage and adoption of this resolutionand enter itintothe book of originalresolutions.
Section 7: The CityClerk shalldelivera certifiedcopy of thisresolutionto the Orange County Board ofSupervisorsand the Orange County Registrar of Voters.
Resolution No. 2026-
Section 8: If any section, subsection, sentence, clause or phrase of this resoluti�n is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 10: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter-sponsored referendum is a ministerial duty required by California Elections Code Section 9241, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Section 11: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27th day of January, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Ade�(.«�
City Attorney
Lauren Kleiman
Mayor