RESOLUTION NO. 2026-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE INITIATIVE MEASURE TO
ESTABLISH NEW CHARTER REQUIREMENTS
RELATED TO DISTRICT-ONLY VOTING TO BE
SUBMITTED TO THE VOTERS AT THE [GENERAL OR
SPECIAL] MUNICIPAL ELECTION TO BE HELD ON
[NOVEMBER 3, 2026 OR MARCH 7, 2028 OR
NOVEMBER 7, 2028], AND DIRECTING THE CITY
ELECTIONS OFFICIAL TO ESTABLISH THE FILING
DEADLINE FOR THE FILING OF THE IMPARTIAL
ANALYSIS AND WRITTEN ARGUMENTS FOR AND
AGAINST THE INITIATIVE MEASURE
WHEREAS, a [General or Special] Municipal Electionisto be held inthe City of Newport Beach, California(“City”)on [November 3, 2026, or March 7, 2028, or November 7, 2028], at which there willbe submitted to the registeredvoters of the Citythe following question;
MEASURE
CITY OF NEWPORT BEACH CHARTER AMENDMENT
Yes
Shallthe measure amending the Cityof Newport Beach Charter to require that City Council members be elected by voters residing within the districtthe Council member represents, instead of by allCity of Newport Beach voters,be adopted? No
WHEREAS, the State of California,County of Orange, Superior Court in the action titledCity 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 itsdiscretion, can call the election for November 3, 2026, and that the ten day examination period provided in Resolution No. 2026-68
California Elections Code Section 9295 can run after the CityAttorney’simpartialanalysis and the arguments forand against are submitted to the Registrar; WHEREAS, pursuant to ElectionsCode Section 9280, the City Council may direct the City Attorney to prepare an impartialanalysis of the initiativemeasure showing the effecton the existinglaw and the operation of the initiativemeasure; WHEREAS, pursuant to Elections Code Section 9282, the proponents of an initiativemeasure may filea written argument for,and the legislativebody may filea writtenargument against, an initiativemeasure; and
WHEREAS, the City Council desires to directthe City Attorney to prepare an impartialanalysis of the initiativemeasure, and to provide forthe filingof arguments for and against the initiativemeasure.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows:
Section 1: The CityCouncil hereby directsthe CityClerk to establishthe filing deadlines forthe filingof the impartialanalysisand for the filingof arguments for and against the initiativemeasure.
The City Council hereby directsthe City Clerk to transmita copy of the initiativemeasure to the City Attorney.The City Attorney shallprepare an impartial analysis of the initiativemeasure of no more than five hundred words, in accordance with ElectionsCode Section 9280, by 5:00 p.m. on the date set by the City Clerk or 5:00 p.m. on [August 26, 2026 (ifelection is held on November 3, 2026), or October 26, 2027 (if electionisheld on March 7, 2028), or June 27, 2028 (ifelection is held on November 7, 2028)],whichever isearlier.
Section 2:
The proponents of the initiativemeasure may filean argument for, and the City Council hereby authorizes Council Members , , to filea writtenargument againstthe initiativemeasure, not exceeding three hundred words, and accompanied by the printed names and signatures of the authors submitting it,in accordance with Elections Code Sections 9282 and 9283.
Section 3:
Section 4: The arguments for or against the initiativemeasure may be filed, changed or withdrawn until5:00 p.m. on the date set by the City Clerk or 5:00 p.m. on [August 26, 2026 (ifelectionisheld on November 3, 2026), or October 26, 2027 (ifelection is held on March 7, 2028), or June 27, 2028 (ifelectionis held on November 7, 2028),] whichever isearlier,afterwhich no arguments foror against the City initiativemeasure may be submitted to the City Clerk or withdrawn, in accordance with Elections Code Section 9286(a).
Resolution No. 2026-68
The arguments shallbe filedwith the City Clerk, signed, with the printed names and signatures of not more than five of the authors submitting it,or if submitted on behalf of an organization,the name of the organization, the printed name and signature of at leastone of itsprincipalofficerswho isthe author of the argument, in accordance with ElectionsCode Section 9283. Arguments shallbe accompanied by the form statement required by Elections Code Section 9600.
Section 5:
Ifthe electionisheld on [March 7, 2028, or November 7, 2028,] the arguments, proposed amendment to the City Charter, and impartialanalysis shall be made available for public examination for no fewer than ten calendar days followingthe deadline for submission of those materials, in accordance with Elections Code Section 9295. [Ifthe election is held on November 3, 2026, the ten day examination period provided in California Elections Code Section 9295 can run afterthe City Attorney’s impartialanalysisand the arguments forand against are submitted to the Registrar].
Section 6;
The City Clerk shall certifythe passage and adoption of this resolutionand enter itintothe book of originalresolutions.
Section 7:
The City Clerk shalldelivera certifiedcopy of thisresolution to the Orange County Board of Supervisors and the Orange County Registrar of Voters.
Section 8:
if any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityof the remaining portionsof thisresolution.The City Council hereby declares that itwould have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 9:
Section 10: The recitalsprovided in thisresolutionare true and correct and are incorporated intothe operative part of thisresolution.
Section 11: The City Council findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter-sponsored initiativeisa ministerialduty required by Elections Code Section 9215, and istherefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activitydoes not involve the exercise of discretionarypowers by a public agency), 15060(c)(3) (the activityis not a project as defined in Section 15378), and 15060(c)(2) (the activitywill not result in a direct or reasonably foreseeable indirectphysical change in the environment) of the CEQA Guidelines, CaliforniaCode of Regulations, Title14, Division 6, Chapter 3.
Resolution No. 2026-68
Section 12: This resolutionshalltake effectimmediately upon itsadoption by the City Council,and the CityClerk shallcertifythe vote adopting the resolution.
ADOPTED this25th day of August, 2026.
Lauren Kleiman
Mayor
ATTEST;
Lena Shumway
City Clerk
APPROVED AS TO FORM;
CITY ATTORNEY’S OFFICE
Aaron C. Harp
City Attorney