August 25, 2026
Agenda Item No.20
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Lena Shumway, City Clerk - 949-644-3005, [email protected] PREPARED BY:
Lena Shumway, City Clerk
TITLE:
Certification of Results and Review of Options for Three Citizen-Sponsored Charter Amendment Initiative Petitions ABSTRACT:
The Newport Beach Stewardship Association (“NBSA”) has submitted three initiative petitions proposing amendments to the City of Newport Beach Charter including the: (1) Public Meetings, Public Records, Oversight, and Enforcement Initiative; (2) Lifetime City Council Term Limits Initiative; and (3) District-Only Voting Initiative. Pursuant to orders of the Orange County Superior Court, the petitions were transmitted to the Orange County Registrar of Voters for signature verification. The Registrar has completed that process and certified the results to the City.
On August 19, 2026, the California Superior Court ruled that the proponents substantially complied with Elections Code Sections 9205 and 9206 related to the requirement that the proponents publish the notice, title, and summary of the petition prior to circulation. The Court also 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, the arguments for and against, and rebuttal arguments are submitted to the Registrar.
The City Council is requested to accept the Registrar of Voters’ certifications and, for each petition certified as sufficient, call the election for Tuesday, November 3, 2026, March 7, 2028, or November 7, 2028, and request that the election be consolidated with the statewide general or primary election. If the City Council selects a 2028 election date, the Court has directed the City Council to explain why it did not select November 3, 2026.
RECOMMENDATIONS:
a) Determine that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines; and b) Accept the certifications of the Orange County Registrar of Voters regarding the verification of signatures for the Public Meetings, Public Records, Oversight, and Enforcement Initiative; Lifetime City Council Term Limits Initiative; and District-Only Voting Initiative; and c) By motion, decide whether the election should be called for Tuesday, November 3, 2026, March 7, 2028, or November 7, 2028; and d) By motion, decide whether to submit an argument against the proposed initiative (pursuant to Elections Code Section 9282) and, if submitting such an argument, designate the authors; and e) Adopt the following Resolutions: Resolutions 2026-64, through 2026-72 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 [November 3, 2026, or March 7, 2028, or November 7, 2028,] to Submit to the Voters Initiative Measures Proposing to Amend the City Charter to: (1) Modify City Charter Provisions Related to Public Meetings, Public Records, Oversight, and Enforcement; (2) City Council Member Term Limits; and (3) Council Members Being Elected Only by Voters Residing within the District the Council Member Represents, and Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a [General or Special] Municipal Election, as well the Accompanying Resolutions Directing the City Attorney to Prepare an Impartial Analysis of an Initiative Measure to Be Submitted to the Voters at the General [or Special] Municipal Election to be Held on November 3, 2026, March 7, 2028, or November 7, 2028, and Providing for the Establishment of Deadlines for Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measure; and Setting the Deadlines for Filing of Rebuttal Arguments in Response to Direct Arguments Filed For and Against the Initiative Measure 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 f) If November 3, 2026, is not selected as the date for the calling of the election, adopt Resolution 2026-73 Making Findings and Explaining the Selection of a 2028 Election Date for the Consideration of the Three Initiatives; and g) Review the draft arguments for the Three initiatives and NBSA’s ballot arguments against the Three Initiatives; and h) Authorize City staff to prepare and execute a budget amendment, as needed, to appropriate sufficient funds to cover election and administrative costs associated with the option selected by the City Council.
DISCUSSION:
On December 23, 2025, the Newport Beach Stewardship Association (“NBSA”) submitted an initiative petition proposing to amend the City of Newport Beach Charter to add provisions regulating public meetings, records, oversight, and enforcement in addition to the requirements set forth in state law. On April 17, 2026, the NBSA submitted two initiative petitions related to term limits and district voting. (The three initiatives shall be collectively referred to as the “Three Initiatives”.) In City of Newport Beach v. Newport Beach Stewardship Association, Orange County Superior Court Case No. 30-2026-01559183-CU-JR-NJC, the Court ordered the City to transmit the signatures associated with the Three Initiatives to the Orange County Registrar of Voters. The Court also directed the City and NBSA to work cooperatively regarding the proposed ballot questions.
In accordance with subsequent orders of the Court, the City Council considered and approved proposed ballot questions on August 18, 2026. That action was taken for the limited purpose of complying with the Court’s orders and did not determine that any petition contained sufficient valid signatures, call an election, place any measure on the ballot, or request consolidation of an election.
The Registrar of Voters has now completed the signature-verification process, and the certifications are attached to this report. The Registrar of Voters’ certifications establish whether each petition contains the number of valid signatures required for a voter-sponsored Charter amendment under Elections Code Section 9255(c)(1). The City Council is requested to accept the certifications and proceed with the election process for each petition certified as sufficient.
Election Requirements
Section 1000 of the Newport Beach City Charter provides that the City’s general municipal election is held on the first Tuesday after the first Monday in November of each even-numbered year and is consolidated with the statewide general election. Charter Section 1002 provides that City elections are conducted in accordance with the California Elections Code unless otherwise provided by ordinance or inconsistent with the Charter. Charter Section 1003 reserves the initiative power to City electors and makes the Elections Code provisions governing initiatives applicable to the City to the extent they do not conflict with the Charter.
Ordinarily, Elections Code Sections 9255(c)(1) and 1415(b) require a qualifying voter-sponsored city charter amendment to be submitted at an established statewide general election, statewide primary election, or regularly scheduled general municipal election occurring not less than 88 days after the order of election. Elections Code Sections 9280 through 9287 govern the impartial analysis, primary arguments, argument selection, and rebuttal arguments, and Section 9295 ordinarily provides a ten calendar day public examination period for those ballot materials.
Court’s August 19, 2026, Ruling
On August 19, 2026, the Court ruled that the proponents of the Three Initiatives substantially complied with Elections Code Sections 9205 and 9206 publication requirements. Also, the Court recognized that the City Council, rather than the Court, selects the election date under Elections Code Sections 9255(c) and 1415(b).
Despite being within 88 days of the November 3, 2026, statewide general election, the Court authorized the City Council to call the election for November 3, 2026. The court also ruled that the ten-day examination period provided in California Elections Code Section 9295 can run after the City Attorney's impartial analysis, the arguments for and against, and rebuttal arguments are submitted to the Registrar. Finally, the Court ruled that if the City Council does not select November 3, 2026, the City Council needs to explain why it did not call the election for that date.
The Court’s departure from the statutory timing provisions should be read narrowly. The order only concerns the City’s obligations related to the Three Initiatives and does not eliminate other Elections Code requirements unless the order expressly addresses them. Hence, the City should fully comply with the remaining election procedures not addressed in the order.
County Participation
The County of Orange and the County Elections Official were not parties to the action and are not bound by the Court’s order related to the Three Initiatives. The order therefore does not compel the County Elections Official to accept late resolutions, revise established ballot-production deadlines, provide consolidation services, or conclude that performance remains administratively feasible. If the Council selects November 3, 2026, the County Elections Official may reject the resolutions or decline requested services.
Election-Law Safeguards
Although the Court has ruled that the 88-day timing requirements do not control the Three Initiatives, those statutes reflect legislative judgments designed to protect orderly election administration and informed voter decision-making. The statutory schedule ordinarily allows time to prepare an accurate impartial analysis; receive and select arguments under Elections Code Section 9287; exchange arguments and prepare rebuttals under Sections 9281, 9282 and 9285; print and distribute voter information materials; and permit public examination and judicial review of potentially false or misleading materials under Section 9295. Those protections are especially significant where three separate Charter amendments propose substantial and potentially interrelated changes to public meetings, public records, oversight and enforcement, Council term limits, and the method of electing Council Members. Also, one of the proposed amendments to the City Charter adds and/or modifies 38 sections in the City Charter, almost doubling the length of the current City Charter.
In Jeffrey v. Superior Court (Huntington Beach City Council), (2002) 102 Cal.App.4th 1 the court recognized that the governing body has limited discretion to select among legally available election dates for a voter-sponsored Charter amendment and that the governing statutes establish minimum, but not maximum, timing limits. Given the Court order, the City Council has discretion to place the Three Initiatives on the ballot for November 3, 2026; however, a later date may be selected to allow neutral analysis, public education, meaningful argument and rebuttal procedures, coordination with the County, accurate ballot preparation, judicial review, and orderly implementation of the election process.
Given the significance and volume of the proposed changes to the City Charter, City staff recommend that the City Council call the election for November 7, 2028, rather than November 3, 2026, or March 7, 2028, because:
Charter amendments have significant and long-lasting effects on the structure, operation, transparency, and accountability of City government; 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; 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; 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; The Lifetime City Council Term Limit Initiative and the District-Only Voting Initiative directly concern the qualifications, tenure, and manner of electing City Council Members, making the City’s regularly scheduled General Municipal Election an especially appropriate election at which to consider those measures; Selecting November 7, 2028, General Municipal Election will provide sufficient time for the preparation and public review of accurate ballot questions, impartial analyses, arguments for and against, rebuttal arguments, and other voter information concerning the Initiatives; and 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.
Attached to this staff report are the implementing resolutions, which will be revised to remove irrelevant provisions based on the City Council’s decision to call the election for the consideration of the Three Initiatives on November 3, 2026, March 7, 2028, or November 7, 2028.
FISCAL IMPACT:
Acceptance of the Registrar of Voters’ certifications does not, in itself, create election costs beyond petition-verification expenses. If one or more measures are submitted to the voters, the City will incur its proportionate share of election and consolidation costs, which will vary depending on the selected election. Any necessary budget amendment may be approved or authorized as part of the actions taken at this meeting.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because accepting the Registrar of Voters’ certifications and taking related procedural election actions will not result in a direct or reasonably foreseeable indirect physical change in the environment and do not constitute a project as defined in Section 15378 of the CEQA Guidelines.
NOTICING:
The agenda item has been noticed in accordance with the Ralph M. Brown Act.
ATTACHMENTS:
Attachment A – Public Meetings, Records, Oversight, and Enforcement Initiative Attachment B – Lifetime City Council Term Limit Initiative Attachment C – District-Only Voting Initiative
Attachment D – Orange County Registrar of Voters Certifications of Petition Results Attachment E – Resolution 2026-64 -Calling Election for the Measure (Term Limits) and Requesting Consolidation Attachment F – Resolution 2026-65 Directing City Attorney to Prepare Impartial Analysis for Measure (Term Limits) Attachment G – Resolution 2026-66 Rebuttal Arguments (Term Limits) Attachment H – Resolution 2026-67 Calling Election for Measure (District Elections) Attachment I – Resolution 2026-68 Directing City Attorney to Prepare Impartial Analysis (District Elections) Attachment J – Resolution 2026-69 Rebuttal Arguments (District Elections) Attachment K – Resolution 2026-70 Calling Election for Measure (Public Meetings) Attachment L – Resolution 2026-71 Directing City Attorney to Prepare Impartial Analysis (Public Meetings) Attachment M – Resolution 2026-72 Rebuttal Arguments (Public Meetings) Attachment N – Resolution 2026-73 Making Findings and Explaining Selection of a 2028 Election Date Attachment O – Draft Arguments Against the Three Initiatives from Mayor Pro Tem Blom Attachment P – Arguments For the Three Initiatives from Newport Beach Stewardship Association Certification of Results and Review of Options for Three Citizen-Sponsored Charter Amendment Initiative Petitions Page 3
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