RESOLUTION NO. 20 26-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, MAKING
FINDINGS AND EXPLAINING THE SELECTION OF THE
[MARCH 7, 2028, OR NOVEMBER 7, 2028] DATE FOR
THE CONSIDERATION OF THREE VOTER -
SPONSORED CHARTER AMENDMENT S
WHEREAS, the Newport Beach Stewardship Association submitted three initiative petitions proposing Charter amendments concerning: (1) public meetings, public records, oversight and enforcement; (2) lifetime City Council term limits; and (3) district- only voting (collectively, the “Initiatives”);
WHEREAS, the Orange County Registrar of Voters has certified the signature- verification results for the Initiatives;
WHEREAS, on August 19, 2026, 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 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, the Court recognized that the City Council has discretion to select the election date, but directed the City Council to explain its reasons if it does not select November 3, 2026;
WHEREAS, the County of Orange and the County Elections Official were not parties to the action and are not bound by the Court’s order, and the order does not compel the County Elections Official to accept late resolutions, alter ballot -production deadlines, or provide consolidation services on a compressed schedule; WHEREAS, although the Court held that specified statutory timing periods do not govern the Initiatives or can run concurrently, those periods ordinarily provide time for an impartial analysis, primary arguments, selection of arguments under Elections Code Section 9287, rebuttal arguments, printing and distribution of voter information materials, public examination, judicial review, and orderly election administration; WHEREAS, the Initiatives , especially the Public Meetings, Public Records, Oversight, and Enforcement Initiative, propose substantial amendments to the City Charter, almost doubling the length of the City Charter; Resolution No. 2026-73
WHEREAS, the Public Meetings, Public Records, Oversight, and Enforcement Initiative proposes significant changes affecting public access to City government, governmental oversight, enforcement responsibilities, and the administration of City operations, warranting sufficient time for careful legal analysis and informed public consideration;
WHEREAS, the City Charter serves as the City’s foundational governing document and establishes the basis for the City’s police powers and municipal authority; WHEREAS, the additional time beyond November 3, 2026, will permit voters, community organizations, public officials, and other interested people to examine the Initiatives separately, evaluate their legal and operational consequences, and participate in a meaningful public discussion before voting;
WHEREAS, submitting three substantial and potentially interrelated Charter amendments at the same election requires particular care to ensure that voters understand the distinct purpose, operation, and potential consequences of each measure; WHEREAS, because Charter amendments have significant and long- lasting effects on the structure, operation, transparency, and accountability of City government, the City Council finds that they should be considered at a statewide general election expected to provide the broadest practicable participation by City voters because statewide general elections traditionally attract broader voter participation than primary elections, thereby allowing a larger and more representative cross -section of the City’s electorate to participate in deciding fundamental questions concerning the City’s Charter and governance of the City;
WHEREAS, it is a legitimate legislative objective to submit significant local governance measures at elections with traditionally larger voter turnout; WHEREAS, the November 7, 2028, election will be both a statewide general election and the City’s regularly scheduled General Municipal Election under Section 1000 of the Newport Beach City Charter, at which City voters will already be considering the election of their municipal representatives;
WHEREAS, submitting the Initiatives at the City’s General Municipal Election will place the proposed structural changes to City government before voters in the election most directly associated with municipal governance and the selection of City Council Members;
WHEREAS, the Lifetime City Council Term Limit Initiative and the District -Only Voting Initiative directly concern the qualifications, tenure, and manner of electing City Resolution No. 2026-73
Council Members, making the City’s regularly scheduled General Municipal Election an especially appropriate election at which to consider those measures; WHEREAS, selecting November 7, 2028, General Municipal Election will provide sufficient time for the preparation and public review of accurate ballot questions, impartial analyses, arguments and rebuttal arguments, and other voter information concerning the Initiatives;
WHEREAS, selecting the City’s regularly scheduled General Municipal Election will avoid the additional administrative complexity and potential expense associated with placing municipal Charter measures on a statewide primary ballot separate from the City’s regular municipal election;
WHEREAS, the City Council finds that selecting November 7, 2028, will promote broad voter participation, informed decision-making, orderly election administration, and public confidence in the process; and
WHEREAS, the City Council’s selection of November 7, 2028 is based on the nature and importance of the proposed Charter amendments, the anticipated breadth of voter participation, the relationship of the measures to municipal governance, and the need for adequate public review and election preparation, and is not intended to defeat, obstruct, or indefinitely postpone the Initiatives.]
NOW, THEREFORE, the City Council of the City of Newport B each, California, does resolve, declare, determine and order as follows:
Section 1: For the reasons set forth in the recitals, the City Council selected the [March 7, 2028, or November 7, 2028] date for the consideration of the Initiatives rather than November 3, 2026. These reasons include, but are not limited to, the City Council’s determination that the [March 7, 2028, or November 7, 2028] date for the consideration of the Initiatives is appropriate because having the election on November 3, 2026, under a compressed schedule would materially reduce the time ordinarily available for neutral analysis, arguments and rebuttals, public review and education, judicial review, accurate printing, County coordination, and orderly administration of the election. Furthermore, the County Elections Official is not bound by the Court’s order o f August 19, 2026, and may be unable or unwilling to accept the measures [Finally, given the significant substantive changes to the City Charter, calling the election for November 7, 2028, will allow for the consideration of the proposed Charter amendments by the most voters].
Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Resolution No. 2026-73
The CityCouncil directsthe CityClerk to transmitthis resolution and the electionresolutionsto the Court, and Newport Beach Stewardship Association.
Section 3;
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 are declared invalid or unconstitutional.
Section 4:
The CityCouncil findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to 15060(c)(3) (theactivityis not a projectas defined in Section 15378), and 15060(c)(2) (the activitywillnot resultin a director reasonably foreseeable indirectphysical change in the environment) of the CEQA Guidelines,CaliforniaCode of Regulations,Title14, Division6, Chapter 3.
Section 5:
This resolutionshalltake effectimmediately upon itsadoption by the CityCouncil,and the CityClerk shallcertifythe vote adopting the resolution.
Section 6:
ADOPTED this25th day of August, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITYvATTQRNEY’S OFFICE
A-xv.
Aaron C. Harp
City Attorney