RESOLUTION NO. 2026-67
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 REQUIRE CITY COUNCIL
MEMBERS BE ELECTED BY VOTERS RESIDING
WITHIN THE DISTRICT THE COUNCIL MEMBER
REPRESENTS 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 to require that City Council Members be elected by voters residing within the district the Council Member represents, instead of by all City of Newport Beach voters ("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 to Eliminate Citywide Voting for City Council and Require District-Based Elections"; 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. 2026-67
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 State of California, County of Orange Superior Court 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 to require that City Council Members be elected by voters residing within the district the Council Member represents, instead of by all City of Newport Beach voters.
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. 2026-67
the City Charter to modify City Charter provisions to require that City Council Members be elected by voters residing within the district the Council Member represents, instead of by all City of Newport Beach voters.
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 require that City Council members be elected by voters residing within the district the Council member represents, instead of by all City of Newport Beach voters, be adopted? Yes
1------il
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 to require that City Council Members be elected by voters residing within the district the Council Member represents, instead of by all City of Newport Beach voters.
Resolution No. 2026-67
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 operation, 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 to require that City Council Members be elected by voters residing within the district the Council Member represents, instead of by all City of Newport Beach voters, the Initiative shall be adopted in accordance with Elections Code Section 9269 or as otherwise required by law.
Resolution No. 2026-67
Section 17: The City Clerk shall deliver certified copies of this resolution, including the full text of the measure attached hereto as Exhibit "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 u nconstitutiona I.
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. 2026-67
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:
CITY ITORNEY 'S OFFI E
A ro C. Harp
City Attorney
C
Attachment: Exhibit A - District Voting Initiative
Lauren Kleiman
Mayor
Exhibit A
District Voting Initiative
INITIATNE MEASURE TO BE SUBMITTED DIRECTLY TO TIIE VOTERS The PeopleoftheCityofNewport Beach do herebyordainas follows:
Section 1. Title
This initiative measure shall be known as the "Iiome DistrictVoting Initiative"(the "Initiative").
Section2. Purpose and Findings.
A. Purpose.ThisInitiativeseekstoenhancetheleadershipand governanceofNewport Beach by ensuringCityCouncilMembers aredirectlyaccountableto the residentslivingwithintheir Districts.Currently,theCharteroftheCityofNewport Beach ("Charter")providesfor"atlarge" voting,where votersacrosstheentireCityofNewport Beach electeach City CouncilMember, regardlessofwhere voterslive.ThisInitiativeamends theChartertoenact"districtvoting,"which ensuresallCityCouncilmembers areelecteddirectlyby theresidentsthatliveinsidetheirDistrict.
B. Findings.The residentsoftheCityofNewportBeach findthatthisInitiativepromotesthe publicinterestinlightofitspurposeand thefollowingfactsand circumstances:
1. The DistrictVoting Initiativeprovidesa more democratic electionstructure, grantingtheopportunityforeachDistricttopicktheirspecificCouncilMember.
2. Many citiesand countiesthroughoutCaliforniause districtvotingtogreatsuccess.
Districtvotingtendsto make localvotersfeelmore investedinlocalelections.
3. Under the currentelectionsystem,smallerDistrictshave lesseffectiveand less directrepresentationon the City Council. Directvotingand representationallowselected representativesto be more responsiveto the specificissuesand unique concernsfacingtheir District.
4. ThisInitiativewould simplifythevotingprocessforallNewport Beach votersas voterswould be ableto focusonly on the candidatesthatrepresenttheirDistrict,not candidates thatprioritizeorrepresentotherDistricts.
5. ThisInitiativerecognizesthevalueofhavingCityCouncihnembers thatareaware ofand can promptlyrespondtotheconcernsofallDistrictsacrossNewport Beach. Through direct and localizedelections,thisInitiativemakes CityCouncilMembers directlyaccountableto the Districtthattheyareintendedtorepresent.
6. Districtcampaigns,insteadof Citywide campaigns,can cost less,creating opportunitiesfornew candidatesand leadership.Districtcampaignswould alsomake iteasierfor candidatestoengagedirectlywithelectorsintheirDistrict,improvingcivicengagement. 1 7. ThisInitiativeisinthebestinterestofthepeopleofNewport Beach.
Section 3. Amendment and Addition to the Charter of the CityofNewport Beach.
The votersherebyamend and Section400 (titled,"ElectiveOfficers")of the City Charteras follows(new languageisshown inunderlinedtextand deletedtextshowninstrike+"roughtcxt):
The electiveofficersof the City shallconsistof a City Council of seven members.
CandidatesforCity Councilshallbe nominated from and by the electorsof each ofthe seven districtsreferredto in ArticleX of this Charter and one shall be elected from each of suchdistrictsbythevotersofto Cityatlargethatdistrictatthetimes and inthemanner providedinthisCharter.Tiesinvotingamong candidatesforofficeshallbe settledby the castingof lots.
Alternatively,and successively,four four-yearterms shallbe filledat one general municipalelectionand threefour-yeartermsatthenextsuchelection,consistentwiththe sequenceoftermsofCouncilmembers existingon theeffectivedateofthisamendment.
The term of officeshallbe four years.The term of each City Council member shall commence on the dateof the City Councilmeeting,followinghisorher election,atwhich the council receives the certificationof election resultsfrom theCityClerk.
Section4. ImplementationofthisInitiative.
A. This Initiativeisconsideredadoptedand effectiveupon the earliestdatelegally possibleaftertheelectionsofficialcertifiesthevoteon theInitiativeby thevotersoftheCity(the "EffectiveDate")._UpontheEffectiveDateofthisInitiative,theCityisdirectedtopromptlytake allappropriateactionsneededtoimplementthisInitiative,includingbutnotlimitedtotakingany administrativestepsnecessarytoupdateanyand allCityordinances,codes,maps,figures,andany otherdocumentsmaintainedby theCitysotheyconform tothelegislativepoliciessetforthinthis Initiative.
B. Upon theEffectiveDate ofthisInitiative,theCityCharterprovisionsofSection3 of thisInitiativearehereby insertedintothe City Charteras setforthabove. The City may reorganize,renumber,and/orreformattheCityChartertoincorporateSection3 ofthisInitiative, providedthatthefulltextofeachprovisionisinsertedintotheCityCharterwithoutalteration.
C. The CityCharterineffecton thedateoffilingoftheNoticeofIntentiontoCirculate Petition("FilingDate"), and the City Charteras amended by thisInitiative,comprise an integrated,internallyconsistentand compatiblestatementof policiesfortheCity.To ensurethat the CityCharterand otherCitypoliciesand plansremain an integrated,internallyconsistent,and compatiblestatementofpoliciesfortheCity,any provisionoftheCityCharterthatisadopted betweentheTilingDate and theEffectiveDate oftheCityCharteramendment adoptedby this Initiativeshall,to the extentthatsuch interim-enactedprovisionisinconsistentwith or would diminish,renderinvalid,defeat,orimpairtheCityCharteramendment adoptedby thisInitiative, 2 be amended as soon aspossibleand inthemanner and timerequiredby applicablelaw toensure consistencywiththisInitiative.
Section 5. Effect of Other Measures on the Same Ballot.
If this Initiativeand another measure on the same subjectmatterappearon thesame ballot, and a majorityofthevotersvote infavorof both measures but thisInitiativereceivesmore votes than the other measure, thisInitiativealone shallbecome valid,bindingand adoptedinitsentirety, and the other measure shall be null and void in itsentirety.Ifa majorityofthevotersvote infavor of both measures but thisInitiativereceives 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,regardlessof any contrarylanguage in any otherballotmeasure.
Section6. Interpretation,Severability,and Legal Defense.
A. ThisInitiativemust be interpretedso as tobe consistentwith allfederaland State laws,rules,and regulations.Ifany section,sub-section,sentence,clause,phrase,part,orportion of thisInitiativeisheld to be invalid or unconstitutional by a finaljudgment ofa courtofcompetent jurisdiction,such decisiondoesnotaffectthevalidityof theremainingportionsofthisInitiative.
The votersdeclarethatthisInitiative,and each section,sub-section,sentence,clause,phrase,part, orportionthereof,would havebeen adoptedorpassedirrespectiveofthefactthatany one ormore sections,sub-sections,sentences,clauses,phrases,parts,or portionsarefound to be invalid.If any provisionof thisInitiativeisheld invalidas appliedto any personor circumstance,such invaliditydoes not affectany applicationof thisInitiativethatcan be given effectwithoutthe invalidapplication.
B. Ifany portionof thisInitiativeisheldby a courtof competentjurisdictionto be invalid,we thePeopleoftheCityofNewport Beach indicateourstrongdesirethat:(i)theNewportBeach City Counciluse itsbesteffortsto sustainand re-enactthatportion,and (ii)theNewport Beach CityCouncilimplementthisInitiativeby takingallstepspossibletocureany inadequacies or deficienciesidentifiedby thecourtina manner consistentwiththeexpressand impliedintent ofthisInitiative,includingby presentingvoterswithan opportunitytoadoptorreenactany such portionina manner consistentwiththisInitiative.
C. This Initiativemust be broadly construedin order toachievethepurposesstated {` above. It is the intentof the votersthatthe provisionsof thisInitiativebe interpretedor implemented by the City and othersin a manner thatfacilitatesthepurpose setforthin this Initiative. lx?
D. The Peopleofthe CityofNewport Beach desirethatthisamendment to the City Charter,ifapprovedby thevotersandthereafterchallengedincourt,be defendedby theCity.The People,by approvingthisCityCharteramendment, herebydeclarethattheproponent(s)of this City Charteramendment have a directand personalstakeindefendingitfrom constitutionalor statutorychallengestoitsvalidityorimplementation.IntheeventtheCityfailstodefendthisCity Charteramendment, or the Cityfailsto appealan adversejudgmentagainstitsconstitutionality, statutorypermissibilityorimplementation,inwhole orinpart,inany courtoflaw,theproponents shallbe entitledtoasserttheirdirectpersonalstakeby defendingitsvalidityand implementation inany courtoflaw,shallbe empowered by thePeoplethroughthismeasure toactas agentsofthe People,and shallbe entitledtorecovertheirreasonableattorney'sfeesfrom theCityofNewport Beach.
Section7. Amendment or Repeal.
The City Charteras amended and adopted by Section3 of thisInitiativecan be amended or repealedonly by a majorityofthevotersof the Cityvotinginan electionheldinaccordancewith applicableStateand Citylaw. For theavoidanceofdoubt,thisSectiononly limitsthepower to amend theCityCharterprovisionsas amended and adoptedby Section3 and does not limitthe power of the Cityto amend or repealotherportionsof the City Charteror Newport Beach MunicipalCode ina manner thatisconsistentwiththisInitiativeandotherapplicablelaw.
Section 8. Judicial Enforcement.
Any aggrievedpersonshallhavetherighttobringan actiontoenjoinany violationofthisInitiative or to enforcethe dutiesimposed on the Cityby thisInitiative.The proponentsof thisInitiative may defendtheprovisionsof thisInitiativein any litigationbroughtto challengethe Initiative consistentwith Section 6 of thisInitiative.
r,
4