RESOLUTION NO. 2026-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CALLING FOR
AND GIVING NOTICE OF A [GENERAL OR SPECIAL]
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
[NOVEMBER 3, 2026, OR MARCH 7, 2028 OR
NOVEMBER 7, 2028], TO SUBMIT TO THE VOTERS AN
INITIATIVE MEASURE PROPOSING TO AMEND THE
CITY CHARTER TO MODIFY CITY CHARTER
PROVISIONS RELATED TO CITY COUNCIL MEMBER
TERM LIMITS AND REQUESTING THE ORANGE
COUNTY BOARD OF SUPERVISORS CONSOLIDATE
THE [GENERAL OR SPECIAL] MUNICIPAL ELECTION
WITH THE STATEWIDE [GENERAL OR PRIMARY]
ELECTION TO BE HELD ON THE SAME DATE
WHEREAS , Section 1003 of the Charter of the City of Newport Beach ("City Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter; WHEREAS, on April 17, 2026, pursuant to Elections Code Section 9202, the City was served with a Notice of Intention to Circulate Petition, a Proponent's Signed Statement, and a copy of a proposed initiative to establish new Charter requirements modifying City Charter provisions related to City Council Member term limits ("Initiative"); WHEREAS, on April 30, 2026, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the Initiative with the following ballot title: "Initiative Imposing a Lifetime Two-Term Limit on City Council Service and Eliminating Return to Office After a Break in Service";
WHEREAS, on August 25, 2026, certification was presented to the City Council that not less than fifteen percent of the registered voters of the City signed the petition for the Initiative;
WHEREAS , pursuant to Elections Code Section 9255(c), if an initiative petition is signed by not less than fifteen percent of the registered voters of a city, that city shall submit the measure to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election pursuant to Section 1200, 1201, or 1301 occurring not less than 88 days after the date of the order of election; Resolution No. 2026-64
WHEREAS, Section 1200 of the Elections Code provides that "[t]he statewide general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year," which is the same date for the holding of municipal elections pursuant to Charter Section 1000;
WHEREAS, Section 1201 of the Elections Code provides that "[t]he statewide direct primary shall be held on the first Tuesday after the first Monday in June of each even-numbered year that is not evenly divisible by four and on the first Tuesday after the first Monday in March in each even-numbered year that is evenly divisible by four"; WHEREAS, the next statewide general election is on November 3, 2026; WHEREAS, the Superior Court of California, County of Orange, in the action titled City of Newport Beach v. Newport Beach Stewardship Association and Newport Beach Stewardship Association v. Lena Shumway, Orange County Superior Court Case No. 30- 2026-01559183 held that the City Council, in its discretion, can call the election for November 3, 2026;
WHEREAS, the next statewide direct primary election that is more than 88 days after the date of the order of election is March 7, 2028; WHEREAS , the next statewide general election that is more than 88 days after the date of the order of election is November 7, 2028; and WHEREAS , pursuant to Charter Sections 1000, 1002, and 1003 and Elections Code Section 9255, the City Council of the City of Newport Beach desires to call and give notice of a [General or Special] Municipal Election to be held on Tuesday, [November 3, 2026, or March 7, 2028, or November 7, 2028], for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the City Charter to modify City Charter provisions related to City Council Member term limits.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows:
Section 1: Pursuant to the California Constitution Article XI, Government Code Section 34450 et seq., City Charter sections 1000, 1002, and 1003 and Elections Code Sections 9255 et seq., there is hereby called and ordered to be held in the City of Newport Beach, California, on Tuesday, , [November 3, 2026, or March 7, 2028, or November 7, 2028], a [general or special] municipal election for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend Resolution No. 2026-64
the City Charter to modify City Charter provisions related to City Council Member term limits.
Section 2: The City Council does hereby order submitted to the registered voters of the City of Newport Beach at the [general or special] municipal election on Tuesday, [November 3, 2026, or March 7, 2028, or November 7, 2028), the following question:
MEASURE
CITY OF NEWPORT BEACH CHARTER AMENDMENT
Shall the measure amending the City of Newport Beach Charter to impose a lifetime two-term limit on City Council service, for a maximum of eight years of service on the City Council,
regardless of any break in service, be adopted?
Yes
1------11
No
Section 3: The text of the Initiative and proposed amendment to the City Charter is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast.
Section 5: The ballots to be used at the election shall be in form and content as required by law.
Section 6: The City hereby requests, pursuant to Elections Code Section 10403, that the Orange County Board of Supervisors consent and agree to the consolidation of the [general or special] municipal election with the statewide [general or primary] election to be held on Tuesday, [November 3, 2026, or March 7, 2028, or November 7, 2028), for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the City Charter to modify City Charter provisions related to City Council Member term limits.
Resolution No. 2026-64
Section 7: The City recognizes that additional costs will be incurred by the County of Orange by reason of consolidation, and the City agrees to reimburse the County of Orange for such costs.
Section 8: The City Clerk is authorized, instructed, and directed to contract with the County of Orange to procure and furnish all services, official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election.
Section 9: In accordance with the provIsIons of law governing statewide [general or primary] elections, including Elections Code Section 10418, the precincts, ballot drop box locations, vote center locations, hours of operations, vote-by-mail procedures and timing, the election officers, and all other services, staff, and procedures for the [general or special] municipal election shall be the same as those utilized by the County of Orange and in compliance with the Elections Code of the State of California.
Section 10: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for the holding of municipal elections.
Section 11: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, the time, and in the form, and manner as required by law.
Section 12: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 13: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City of Newport Beach upon presentation of a properly submitted bill.
Section 14: The Orange County Elections Official is hereby authorized to canvass the returns of the [general or special] municipal election.
Section 15: The City Clerk shall receive the canvass from the Orange County Elections Official as it pertains to the Initiative and shall timely certify the results to the City Council in accordance with law.
Section 16: If the voters approve the Initiative to amend the City Charter to modify City Charter provisions related to City Council Member term limits, the Initiative shall be adopted in accordance with Elections Code Section 9269 or as otherwise required by law.
Resolution No. 2026-64
Section 17: The City Clerk shall deliver certified copies of this resolution, including the full text of the measure attached hereto as Attachment A, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrar of Voters.
Section 18: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 19: If any section, subsection, sentence, clause or phrase of this resolution 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 are declared invalid or unconstitutional.
Section 20: 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 initiative is a ministerial duty required by Elections Code Section 9215, 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.
Resolution No. 2026-64
Section 21: 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 25th day of August , 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
Cd,ITY: ATTORNEY 'S OFFICE
-~--C 5..__._c::it
Aa n C. Harp
City Attorney
Attachment: Exhibit A - Term Limits Initiative
Lauren Kleiman
Mayor
Exhibit A
Term Limits Initiative
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City ofNewport Beach do hereby ordainas follows:
Section 1. Title
This initiativemeasure shall be known as the "Initiative To Establish Strict Term Limits for City Council Members" (the"Initiative").
Section2. Purpose and Findings.
A. Purpose. EntrenchedinterestsattheCityCouncildo notpromote thebestsinterestsofthe community. ThisInitiativeseeksto improve theleadershipand governanceofNewport Beach by eliminatingthe currentloopholethatallows City Council Members to serve for an unlimited number oftermsso longastheyarenot consecutive.A revolvingdoor ofcouncilmembers isnot desirable,and theCharteroftheCityofNewport Beach ("Charter")shouldbe modifiedtoensure councilmembers remain responsiveto localresidents.This Initiativeamends theCharterto limit CouncilMembers from servingmore thantwo fullterms,or a totalof $ years.
B. Findings.The residentsoftheCityofNewport Beach findthatthisInitiativepromotesthe publicinterestinlightofitspurposeand thefollowingfactsand circumstances:
1. Term limitspromote electoralcompetition,encouragecivicparticipation,and __- " createopportunitiesfornew leadership.
2. ThisInitiativeclosesthecurrentterm limit"loophole"by eliminatingtheabilityof a .formerCity CouncilMember to siton the sidelinesthen returnforanothereightyears.The currentlaw allowsthe same politiciansto run our City withoutthe benefitof new voicesand viewpoints.
3. Many citiesand countiesinCaliforniahave maximum term limits.This Initiative isconsistentwithmany otherjurisdictionsthroughoutCalifornia.
4. This Initiativewillbetteralignthe City Charterwith the community's general understanding,expectationsand preferences.
5. This Initiativerecognizesthe benefitsthatlocalgovernments can receivefrom experiencedleadership.By allowingforup toeightyearson theCityCouncil,theCitycanbenefit from CityCouncilMembers withexperienceand institutionalknowledge.
6. City CouncilMembers may be distractedand influencedby the opportunityto returnto the City Councilforadditionalterms. This InitiativeeliminatesincentivesforCity Council Members to engage inbehaviorthatisguided by a City Council Member's interestsin additionalterms on the City Council,insteadof the interestsof theNewport Beach community.
ThisInitiativehelpsensurethattheCityCouncilMembers arefocusedon what isbestfortheCity, nottheirreelectionprospects.
7. Extended serviceon the City Council allows for concentrationof power, undermines democraticand transparentgovernance,and can lead to unethicalbehavior.This Initiativewillpreventthevariousconsequences of powerful repeatleaderswho have interestsand allegiancestiedto previousgovernment roles,and willcreatemore opportunitiesfornew, fresh leadershipon theCityCouncil.
8. ThisInitiativeisinthe bestinterestofthepeopleofNewport Beach.
Section3. Amendment and Addition to theNewport Beach Municipal Code.
The votersherebyamend and Section401 (titled,"Eligibility")oftheCityCharterasfollows(new languageisshown inunderlinedtextand deletedtextshown instrikethroughtext):
"No personshallbe eligibleto hold officeas a member of theCityCouncilunlesshe or she is,and shallhave been for at leastthirty(30)days immediately precedinghisor her nominationor appointment,a registeredelectorof thedistrictfrom which he or she is nominatedorappointed,and foratleastthirty(30)days immediatelyprecedinghisorher electionorappointment,a registeredelectoroftheCity.
Notwithstandingtheprovisionsof Section400, no person shallbe or remain eligibleto hold officeas a member of the City Council formore than two (2) consecutivefour (4) year terms or a totalof eight(8) years ("Term Limit").Serviceof a partialterm,by appointmentorotherwise,on theCityCouncilofany durationshallconstitutecompletion ofa four-yearterm forpurposesoftheTerm Limit.AlldulyelectedCityCouncil'members as of January 31, 2027, shall remain eligibleto complete theircurrentterms notwithstandingtheTerm Limit,but eligibilityforany futureterm on the City Council shallbe subjecttotheTerm Limit. Members oftheCityCouncilwho have servedone or more termspriortotheircurrentterm shallbe entitledtocompletesuchterm,butshallnot be eligibleforre electionexceptanprovidedbelow. Members oftheCityCouncilwho are servingtheirfirstterm asoftheeffectivedateofthisamendment shallbe eligibletohold officeduring. secondfouryearterm when thecurrentter expires_ This is to from serving_more _than_twn_(2)consecutive.tended preventpersons_section be to ineligible byterms,and shallnot construed render any person , virtue his r he than toconsecutive terms."of election serve more Section4. Implementation ofthisInitiative.
A. This Initiativeisconsideredadopted and effectiveupon the earliestdatelegally possibleaftertheelectionsofficialcertifiesthevoteon theInitiativeby thevotersoftheCity(the "EffectiveDate").Upon theEffectiveDate ofthisInitiative,theCityisdirectedtopromptlytake allappropriateactionsneededtoimplementthisInitiative,includingbutnotlimitedtotakingany 2 administrativestepsnecessarytoupdateany and allCityordinances,codes,maps, figures,and any otherdocuments maintainedby theCity so theyconform tothelegislativepoliciessetforthinthis Initiative.
B. Upon theEffectiveDate of thisInitiative,the CityCharterprovisionsof Section3 of thisInitiativeare hereby insertedintothe City Charter as set forthabove. The City may reorganize,renumber,and/orreformattheCityCharterto incorporateSection3 ofthisInitiative, providedthatthefulltextof eachprovisionisinsertedintotheCityCharterwithoutalteration.
C. The CityCharterineffecton thedateoffilingoftheNoticeofIntentiontoCirculate Petition("FilingDate"), and the City Charter as amended by this Initiative,comprise an integrated,internallyconsistentand compatiblestatementof policiesfortheCity.To ensurethat theCityCharterand otherCitypoliciesand plansremain an integrated,internallyconsistent,and compatiblestatementof policiesfortheCity,any provisionof the City Charterthatisadopted between the FilingDate and the EffectiveDate of the City Charteramendment adopted by this Initiativeshall,to the extentthatsuch interim-enactedprovisionisinconsistentwith or would diminish,renderinvalid,defeat,or impairtheCityCharteramendment adoptedby thisInitiative, be amended assoonas possibleand inthemanner and time requiredby applicablelaw to ensure consistencywiththisInitiative.
Section 5. Effect of Other Measures on the Same Ballot.
Ifthis Initiativeand another measure on the same subjectmatterappearon thesame ballot, and a majorityofthevotersvoteinfavorofbothmeasuresbutthisInitiativereceivesmore votes than the othermeasure,thisInitiativealoneshallbecome valid,bindingand adoptedinitsentirety, and the other measure shallbe null and void in itsentirety.Ifa majorityofthevotersvoteinfavor of both measures but this Initiativereceives less votesthantheothermeasure,onlythoseprovisions of the other measure that are in direct and irreconcilable conflictwith the provisionsof this Initiativeshallcontrol,and allotherprovisionsof thisInitiativeshallbecome valid,bindingand adopted.The votersexpresslydeclarethistobe theirintent,regardlessofany contrarylanguage inany otherballotmeasure.
Section 6. Interpretation,Severability,and Legal Defense.
A. This Initiativemust be interpretedso as to be consistentwith allfederaland State laws,rules,and regulations.Ifany section,sub-section,sentence,clause,phrase,part,orportion of this Initiativeisheld to be invalid or unconstitutional by a finaljudgmentofa courtofcompetent jurisdiction,suchdecisiondoesnotaffectthevalidityoftheremainingportionsofthisInitiative.
The votersdeclarethatthisInitiative,and each section,sub-section,sentence,clause,phrase,part, orportionthereof,would have been adoptedorpassedirrespectiveofthefactthatany one ormore sections,sub-sections,sentences,clauses,phrases,parts,or portionsarefound tobe invalid.If any provisionof thisInitiativeisheld invalidas appliedto any person or circumstance,such invaliditydoes not affectany applicationof thisInitiativethatcan be given effectwithoutthe 3 invalidapplication.
B. Ifany portionof thisInitiativeisheldby a courtof competentjurisdictiontobe invalid,we thePeopleoftheCityofNewport Beach indicateourstrongdesirethat:(i)theNewport Beach CityCounciluseitsbesteffortsto sustainand reenactthatportion,and (ii)theNewport Beach CityCouncilimplementthisInitiativeby takingallstepspossibletocureany inadequacies or deficienciesidentifiedby thecourtina manner consistentwiththeexpressand impliedintent ofthisInitiative,includingby presentingvoterswith an opportunityto adoptorreenactany such portionina manner consistentwiththisInitiative.
C. This Initiativemust be broadly construedin order to achieve the purposes stated above. It is the intentof the votersthatthe provisionsof thisInitiativebe interpretedor implementedby the Cityand othersin a manner thatfacilitatesthepurposesetforthinthis Initiative.
D. The Peopleof theCityofNewport Beach desirethatthisamendment to theCity Charter,ifapprovedby thevotersandthereafterchallengedincourt,be defendedby theCity.The People,by approvingthisCityCharteramendment, herebydeclarethattheproponent(s)ofthis CityCharteramendment have a directand personalstakeindefendingitfrom constitutionalor statutorychallengestoitsvalidityorimplementation.IntheeventtheCityfailstodefendthisCity Charteramendment, ortheCityfailsto appealan adversejudgment againstitsconstitutionality, statutorypermissibilityorimplementation,inwhole orinpart,inany courtoflaw,theproponents shallbe entitledtoasserttheirdirectpersonalstakeby defendingitsvalidityand implementation inany courtoflaw,shallbe empowered by thePeoplethroughthismeasuretoactasagentsofthe People,and shallbe entitledtorecovertheirreasonableattorney'sfeesfrom theCityofNewport Beach.
Section 7. Amendment or Repeal.
The City Charteras amended and adoptedby Section3 of thisInitiativecan be amended or repealedonlyby a majorityofthevotersoftheCityvotinginan electionheldinaccordancewith applicableStateand Citylaw. For theavoidanceof doubt,thisSectiononlylimitsthepower to amend the City Charterprovisionsas amended and adoptedby Section3 and does notlimitthe power of the Cityto amend or repealotherportionsof the City Charteror Newport Beach MunicipalCode ina manner thatisconsistentwiththisInitiativeand otherapplicablelaw.
Section 8. Judicial Enforcement.
Any aggrievedpersonshallhavetherighttobringanactiontoenjoinanyviolationofthisInitiative ortoenforcethedutiesimposedon theCityby thisInitiative.The proponentsof thisInitiative may defendtheprovisionsofthisInitiativeinany litigationbroughtto challengetheInitiative consistent with Section 6 of this Initiative.
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