RESOLUTION NO. 20 26-71
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 PUBLIC MEETINGS, PUBLIC RECORDS,
GOVERNMENT OVERSIGHT , AND ENFORCEMENT , 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 Election is to be held in the City of Newport Beach, California (“City”) on [November 3, 2026, or March 7, 2028, or November 7, 2028], at which there will be submitted to the registered voters of the City the following question:
MEASURE ___
CITY OF NEWPORT BEACH CHARTER AMENDMENT
Shall the measure amending the City of Newport Beach Charter to establish new Charter requirements governing public
meetings, public records, government oversight, and
enforcement, be adopted?
Yes
No
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, and that the ten day examination period provided in Resolution No. 2026-71
California Elections Code Section 9295 can run after the City Attorney’s impartial analysis and the arguments for and against are submitted to the Registrar; WHEREAS, pursuant to Elections Code Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the initiative measure showing the effect on the existing law and the operation of the initiative measure; WHEREAS, pursuant to Elections Code Section 9282, the proponents of an initiative measure may file a written argument for, and the legislative body may file a written argument against, an initiative measure; and
WHEREAS, the City Council desires to direct the City Attorney to prepare an impartial analysis of the initiative measure, and to provide for the filing of arguments for and against the initiative measure.
NOW, THEREFORE, the City Council o f the City o f Newport Beach, California, does resolve, declare, determine and order as follows:
Section 1: The City Council hereby directs the City Clerk to establish the filing deadlines for the filing of the impartial analysis and for the filing of arguments for and against the initiative measure.
Section 2: The City Council hereby directs the City Clerk to transmit a copy of the initiative measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the initiative measure of no more than five hundred words, in accordance with Elections Code Section 9280, by 5:00 p.m. on the date set by the City Clerk or 5:00 p.m. on [August 26, 2026 (if election is held on November 3, 2026) , or October 26, 2027 (if election is held on March 7, 2028) , or June 27, 2028 (if election is held on November 7, 2028)], whichever is earlier.
Section 3: The proponents of the initiative measure may file an argument for, and the City Council hereby authorizes Council Members ___ _________, ______________, _____________ to file a written argument against the initiative measure, not exceeding three hundred words, and accompanied by the printed name s and signatures of the authors submitting it, in accordance with Elections Code Section s 9282 and 9283.
Section 4: The arguments for or against the initiative measure may be filed, changed or withdrawn until 5:00 p.m. on the date set by the City Clerk or 5:00 p.m. o n [August 26, 2026 (if election is held on November 3, 2026), or October 26, 2027 (if election is held on March 7, 2028), or June 27, 2028 (if election is held on November 7, 2028) ,] whichever is earlier, after which no arguments for or against the City initiative measure may be submitted to the City Clerk or withdrawn , in accordance with Elections Code Section 9286(a).
Resolution No. 2026-71
Section 5: The arguments shall be filed with 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 organiz ation, the name of the organization, the printed name and signature of at least one of its principal officers who is the author of the argument, in accordance with Elections Code Section 9283. Arguments shall be accompanied by the form statement required by Elections Code Section 9600.
Section 6: If the election is held on [March 7, 2028, or November 7, 2028,] the arguments, proposed amendment to the City Charter , and impartial analysis shall be made available for public examination for no fewer than ten calendar days following the deadline for submission of those materials, in accordance with Elections Code Section 9295. [If the election is h eld on November 3, 2026, the ten day examination period provided in California Elections Code Section 9295 can run after the City Attorney's impartial analysis and the arguments for and against are submitted to the Registrar].
Section 7: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 8: The City Clerk shall deliver a certified copy of this resolution to the Orange County Board of Supervisors and the Orange County Registrar of Voters.
Section 9: 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 be declared invalid or unconstitutional.
Section 10: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 11: 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. 2026-71
Section 12: 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 ORNEY'S OFFICE
A ran C. Harp
City Attorney
Lauren Kleiman
Mayor