Agenda packet — Newport Beach City Council, September 11, 2026

LAUREN KLEIMAN, Mayor
NOAH BLOM, Mayor Pro Tem
MICHELLE BARTO, Councilmember
ROBYN GRANT, Councilmember
JOE STAPLETON, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember
SEIMONE JURJIS , City Manager
AARON C. HARP, City Attorney
LENA SHUMWAY, City Clerk

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 SPECIAL CITY COUNCIL MEETING - 10:00 AM
SEPTEMBER 11, 2026

NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach ’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.

LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts ), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months by the party or the party ’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard before or after the time given.

This agenda was prepared by the City Clerk. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk ’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office at 949-644-3005.

The City of Newport Beach ’s goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner .

Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca .gov so that reasonable accommodations can be made. 1

VIEWING THE CITY COUNCIL MEETING
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City Council Meeting
I. ROLL CALL -10:00 a.m.

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community participation .

Public comments are invited on items listed on the agenda and non -agenda items .

Speakers must limit comments to three minutes per person to allow everyone to speak .

Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

II. CURRENT BUSINESS
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City Council Meeting
Confirmation of the Acceptance of the Certification of the Orange County Registrar of Voters Regarding the Verification of Signatures for the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District -Only Voting Initiative; and Calling a Special Municipal Election for the Consideration of the Three Initiatives by the Voters for November 3, 2026.

1. 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) Confirm the City Council ’s previous acceptance of 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 to submit an argument against each of the Three Initiatives (pursuant to Elections Code Section 9282) and, if submitting such an argument against any of the Three Initiatives, designate up to three Councilmembers to author the argument; and
e) Adopt the following Resolutions: Resolutions 2026-77 through 2026-83 of the City Council of the City of Newport Beach, California, Calling for and Giving Notice of a Special Municipal Election to be held on November 3, 2026 to Submit to the Voters Initiative Measures Proposing to Amend the City Charter to add /modify City Charter provisions related to: ( 1) 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 a Resolution Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a 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 Special Municipal Election to be Held on November 3, 2026, and Establishing the Deadline for the Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measures; and f) Authorize the City Manager, City Clerk and City Attorney to enter into any and all agreements, execute any documents and take any action necessary to conduct the Special Municipal Election on November 3, 2026, without the need to comply with any City Council Policy or any City Council adopted Resolution; and g) 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 Special Municipal Election.
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City Council Meeting
Staff Report
Reso 2026 - 77 - Calling General Election for (Term Limits) Reso 2026 - 78 - Impartial Analysis and Direct (Term Limits) Reso 2026 - 79 - Calling General Election for (District Voting) Reso 2026 - 80 - Impartial Analysis and Direct (District Voting) Reso 2026 - 81 - Calling General Election for (Public Meetings) Reso 2026 - 82 - Impartial Analysis and Direct (Public Meetings) Reso 2026 - 83 - Asking for County Assistance
III. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

ADJOURNMENT
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
5 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 11, 2026
Agenda Item No. 1
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 comp leted that process and certified the results to the City.

On September 2, 2026, the Court issued a writ directing the City to consolidate the consideration of the Three Initiatives with the County -election on November 3, 2026 , or call a standalone election for November 3, 2026. The City Council is requested to confirm its acceptance of the Registrar of Voters’ certifications and call the election for Tuesday, November 3, 2026 , direct the City Attorney to prepare an impartial analysis, set the deadline and procedures for submitting arguments for and against the Three Initiatives, and request election services from the County of Orange.

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) Confirm the City Council’s previous acceptance of 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

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: Confirmation of the Acceptance of the Certification of the Orange County Registrar of Voters Regarding the Verification of Signatures for the Public Meetings, Public Records, Oversight, and Enforcement Initiative; the Lifetime City Council Term Limits Initiative; and the District-Only Voting Initiative; and Calling a Special Municipal Election for the Consideration of the Three Initiatives by the Voters for November 3, 2026.

6 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 2

c) By motion, decide whether to submit an argument against each of the Three Initiatives (pursuant to Elections Code Section 9282) and, if submitting such an argument against any of the Th ree Initiatives, designate up to three Councilmembers to author the argument; and
e) Adopt the following Resolutions: Resolutions 2026 -77 through 2026 -83 of the City Council of the City of Newport Beach, California, Calling for and Giving Notice of a Special Municipal Election to be held on November 3, 2026 to Submit to the Voters Initiative Measures Proposing to Amend the City Charter to add/modify City Charter provisions related to: (1) Public Meetings, Public Records, Oversight, and Enforcement; ( 2) Cit y Council Member Term Limits; and (3) Council Members Being Elected Only by Voters Residing within the District the Council Member Represents; and a Resolution Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a Special Municipal Election, as well the Accompanying Resolutions Directing the City Attorney to Prepare Impartial Analysis of the Initiative Measures to Be Submitted to the Voters at the Special Municipal Election to be Held on November 3, 2026, and Establishing the Deadline for the Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measures; and f) Authorize the City Manager, City Clerk and City Attorney to enter into any and al l agreements, execute any documents and take any action necessary to conduct the Special Municipal Election on November 3, 2026, without the need to comply with any City Council Policy or any City Council adopted Resolution; and g) 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 Special Municipal Election.

DISCUSSION:

Background
Three City Charter initiative measures have qualified for submission to the voters of the City of Newport Beach and are the subject of litigation concerning , among other things, the election at which the measures are required to be submitted.

On September 2, 2026, the Orange County Superior Court issued a perempt ory writ of mandate (“Writ”) directing the City to take all steps necessary to conduct an election on the three initiative measures on November 3, 2026, whether conducted directly by the City or through a consolidated election process.

The City sought appe llate relief from the Writ, including a stay. On September 9, 2026, the Court of Appeal denied the City’s request for a stay. The Writ therefore presently remains in effect.

Because of the timing of the Writ, the status of the November 3, 2026, election already being administered by the Orange County Registrar of Voters (“Registrar”), and the deadlines and procedures applicable to consolidation, the City cannot presently accomplish submission of the three measures through consolidation with the County - administered November 3 election.

7 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 3

Accordingly, in an effort to comply with the Writ, staff recommends that the City Council take the actions presently within the City’s control to establish and administer a separate, standalone Special Municipal Election on November 3, 2026.

The proposed actions do not constitute a concession by the City that the timing or procedures necessary to implement the Writ comply with every requirement that the City believes would otherwise apply under the California Elections Code, City Charter, or other applicable law. The proposed election resolution expressly reserves the City’s objections, claims, defenses, appellate rights, and other legal positions.

Standalone City-Administered Special Municipal Election The proposed election res olution calls a separate Special Municipal Election for November 3, 2026, for the purpose of submitting the three City Charter initiative measures to the City’s qualified voters.

The City Clerk will serve as the City’s elections official and will administe r the election with the assistance of qualified election consultants, vendors, temporary election personnel, and other authorized personnel.

The Special Municipal Election will be separate and distinct from the County-administered November 3, 2026, electio n. The only matters appearing on the City’s ballot will be the three City initiative measures.

The City does not propose to consolidate the Special Municipal Election with the County election or request that the County assume general responsibility for adm inistering the City election. The City will provide or arrange for the election operating personnel, ballot production, mailing, voting systems and equipment, ballot processing, tabulation, canvass, and general administration necessary to conduct the City election.

The City’s election consultant has advised that the November 3 election remains operationally feasible using a separate City -administered election model if immediate implementation work proceeds and the City obtains necessary voter information, l awful signature-record access, and other County-controlled information and coordination.

Election Administration and Mail-Ballot Model
Because of the exceptionally compressed period available to establish and conduct the Special Municipal Election, the Cit y presently intends to use a mail -ballot model under which ballots and required voting materials will be issued to eligible City voters.

The City does not presently intend to establish traditional precinct polling places for the Special Municipal Election. The proposed election resolution, however, authorizes the City Clerk to establish voter -assistance, accessible -voting, ballot -return, replacement - ballot, and other in -person election services or facilities determined necessary or appropriate to provide eligible voters a reasonable opportunity to vote and to comply with applicable legal requirements and any further court order.

The City will separately establish ballot identification, voter instructions, ballot -return procedures, voter -information resources , accessible -voting services, and public communications designed to distinguish the City's election from the County-administered election and reduce voter confusion.

8 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 4

The proposed election resolution also authorizes the City Clerk to establish procedures concerning voter eligibility and registration information; military and overseas voters; ballot preparation, issuance and replacement; ballot receipt and custody; accessible voting and language assistance; signature verification and cure; ballot processing and reconciliation; security and chain of custody; election equipment and testing; tabulation; canvass; and certification.

Because the election is being established on an unusually compressed schedule in response to the Writ, the City may encounter deadlin es, procedures, or other election requirements that cannot reasonably be reconciled with the Writ or accomplished within the available time. The proposed resolution directs compliance with otherwise applicable election requirements to the extent reasonably practicable and not inconsistent with the Writ or any further court order and authorizes the City Attorney to seek further judicial direction where necessary.

Immediate Election Operations
Immediate commencement and continuous performance of election work are necessary to preserve the City's ability to conduct the November 3 election.

The election consultant has identified ProVote, Hart InterCivic, and Whittier/GEM as the principal service providers necessary for implementation.

ProVote is anticipated to p rovide ballot and voter -information-material production and mailing services. Hart InterCivic is anticipated to provide ballot programming, voting systems and equipment, testing, tabulation, and related technical support. Whittier/GEM is anticipated to pro vide voter-file setup, ballot -management functions, and military and overseas voter support.

The City Clerk will remain the elections official and retain the supervision and authority required of that office. The City's election consultant will coordinate the operational work of the selection vendors and personnel within the authority granted by the City.

Request for Specified County Election Services
Although the City intends to administer its election separately, the City does not independently maintain all of the records and information necessary to conduct the Special Municipal Election.

California Elections Code Section 10002 provides a process through which a city ’s governing body may request that the county board of supervisors permit the county elections official to render specified services relating to the conduct of an election.

For that reason, staff recommends adoption of a separate resolution requesting specified County election records, information, services, access, and coordination. The servi ces are individually identified in Exhibit “A” to that resolution.

The request is deliberately limited. The City is not asking the County to design, print or mail the City ballot, operate City voting equipment, process or tabulate City ballots, canvass the City election, or assume general responsibility for conducting the Special Municipal Election.

Instead, the principal County requests involve records, information, access, and coordination that are maintained or controlled by the County and Registrar and are needed by the City to perform its own election functions. 9 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 5

Voter Registration Information and Continuing Updates
The City requires a current Newport Beach voter-registration file and continuing updates to identify eligible voters, determine registration status, issue ballots, contact voters, and reconcile election records.

The requested information includes available residence and mailing addresses, precinct identifiers, registration and address changes, cancellations, and other relevant voter - status changes.

The requested update process will extend beyond the initial voter file and general mailing file so that voters who subsequently become eligible to participate in the City election can be identified and provided an opportunity to vote.

The City also r equests procedures for resolving registration corrections, address changes, conditional registration, provisional voting, duplicate -registration issues, and other eligibility questions.

These requests are necessary because the City's election will be administered separately while the County remains responsible for maintaining the underlying voter -registration records.

Military and Overseas Voters
The City requires military and overseas voter information maintained by the County for Newport Beach voters, including applicable UOCAVA status, ballot-delivery preferences, and available delivery information.

Because the City anticipates initial military and overseas ballot issuance on September 18, the City is requesting initial delivery sufficiently in advance to allow the City and its providers to validate the information and prepare ballots for issuance.

The City also requires a continuing method for receiving subsequent requests, status changes, and delivery-information updates.

Signature-Record Access
Lawful and operational access to voter signature records is one of the most significant County dependencies.

The City must perform signature verification and cure review for returned City ballots. A voter-registration data file alone does not provide the signature exemplars necessary to perform that function.

The County -services resolution therefore requests a legally permissible and secure means for City-authorized election personnel to access qualifying signatures within voter- registration records, including rele vant prior registration records and other qualifying signed election forms, together with subsequent updates necessary during ballot processing and canvass.

The City is requesting access for City -authorized reviewers; it is not requesting that County personnel perform the City's signature-verification operation.

The requested arrangement must also be sufficient to support the signature-cure process and remain operational throughout the applicable ballot-processing and canvass periods.

Separate Election Records and Misdirected Ballots
10 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 6

Because the City and County will be conducting separate elections involving the same City electorate on the same date, coordination is necessary to ensure that activity in one election is not treated as activity in the other.

The City therefore requests coordination concerning City ballot issuance, returns, voter participation, replacement and superseded ballots, and transmission of final voter - participation information.

The City also requests a reciprocal procedure for ballots a nd election documents delivered to the wrong election administrator.

In particular, the requested procedure will address City ballots deposited in County ballot drop boxes or delivered to County Vote Centers, as well as County ballots inadvertently returned to City election locations. The procedures must preserve envelopes, postmarks and other receipt information, ballot security, chain of custody, transfer documentation, and information necessary to determine timely return.

The request also includes misdir ected signature-cure statements, ballot requests, and other time-sensitive election documents. The current County Services proposal already identifies the need for reciprocal safeguarding and transfer of such materials.

Other County Coordination
The County Services resolution also requests limited information and coordination concerning:
 language preferences, accessibility -related ballot -delivery requests, and confidential or protected voters;
 existing precinct and geographic records;
 secure data-transfer methods, file descriptions and field definitions;  correction of missing or inconsistent source records;  authorized-user, security, incident-reporting, and record-retention procedures; and  County operational contacts and escalation procedures.

The City will perform its own translation, accessible -voting services, election -material production, system configuration, data conversion, and general election administration.

Optional Voter-Information Assistance
As a separate and expressly optional request, the City will ask whether the County will permit City-funded, information -only election personnel at agreed locations associated with County Vote Centers in Newport Beach and permit County -approved factual instructions directing voters to City election information and assistance.

This assistance is not necessary to the City's ability to conduct the Special Municipal Election, and denial of the request should not delay consideration or implementation of the essential County requests.

The City will independently provide its own voter-information and assistance resources.

Independent Rights to Voter Records
The City's request for discretionary services under Elections Code Section 10002 does not replace or condition the City Clerk's ability to request and obtain voter -registration records, updates, or other information independently available to the City under applicable law.
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The proposed County Services resolution therefore directs the City Clerk to continue pursuing such information independently and provides that the City's access to independently available records is not conditioned upon Board of Supervisors’ approval of the discretionary services requested under Section 10002.

This distinction is important given the election schedule and the possibility that some records or arrangements may be available under existing authority before the Board of Supervisors considers the City's complete request.

Timing and County Response
The County Services resolution requests consideration at the earliest lawful opportunity and asks the County and Registrar to identify any records, information, access, or arrangements that can be provided before formal Board action.

For each requested service, the City seek s a written response identifying whether the item can be provided, the implementation or delivery date, applicable conditions or charges, and any lawful and operationally workable alternative if the requested method cannot be accommodated.

Each requested i tem, and each reasonably severable component of an item, is independently requested. The inability to provide one service should not delay another service that can lawfully and operationally be provided.

Priority will be given to the initial voter-registration information, military and overseas voter information, confirmation and testing of lawful signature -record access, and arrangements necessary to address early ballot returns.

Further Court Direction
The City is proceeding with actions presently within its control in an effort to comply with the Writ. However, the compressed schedule, proposed standalone election structure, otherwise applicable election requirements, and dependence upon certain County - controlled records and information may produce issues that cannot be resolved administratively. Based thereon, the City Attorney may need to seek further clarification, direction, modification, or other appropriate relief from the Court.

The proposed election resolution expressly authorizes the City Attorney to seek such relief.

Operational Items
Upon Council approval, implementation will proceed immediately. Responsibility will be allocated as follows:

City Clerk/City: The City Clerk will remain the elections official and will supervise the Special Municipal Election. City staff will immediately transmit the County -services resolution and Exhibit “A,” pursue independently available voter records, obtain necessary City -controlled facilities and resources, establish mail and ballot -security arrangements, and exercise the approvals required of the City's elections official.

Election Consultant: An election consultant will coordinate the election implementation plan and the selection vendors; establish and maintain the critical election schedule; coordinate ballot production and issuance, including military and overseas voters; develop staffing and training; establish signature -verification and cure procedures; establish ballot -processing, security and chain -of-custody procedures; coordinate 12 Confirmation of the Certification of Results and Calling the Election for Three Citizen- Sponsored Charter Amendment Initiative Petitions Page 8

accessible-voting and voter-assistance operations; and identify and immediately escalate any unresolved dependency that threatens an election deadline.

Election Vendors: ProVote, Hart InterCivic, Whittier/GEM, and other approved providers will perform their respective b allot-production, mailing, voter -data, ballot -management, voting-system, equipment, programming, testing, tabulation, and technical -support functions in accordance with an approved implementation schedule.

City Manager/Administrative Staff: The City Manager and appropriate staff will complete authorized contracting and purchasing actions, provide necessary facilities and City resources, address insurance , indemnity and vendor -payment requirements, and facilitate the immediate administrative support necessary for the election operation.

City Attorney: The City Attorney will coordinate with County Counsel regarding the County-services request and County-controlled election information; address legal issues arising during implementation; and seek further judici al clarification, direction, modification, or relief where necessary.

FISCAL IMPACT:

Conducting a separate City -administered election will result in significant costs. At this point, City staff estimates that the election will cost between $1 million and $1.5 million.

Because several provider costs and County service requirements remain subject to final implementation, the total cost of the standalone election cannot yet be determined. As part of the action items, the City Clerk is asking for authority for City staff to prepare and execute a budget amendment, as needed, to appropriate sufficient funds to cover election and administrative costs associated with the Special Municipal Election.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find tha t 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 – Resolution 2026-77 Calling Election for the Measure (Term Limits) Attachment B – Resolution 2026-78 Directing City Attorney to Prepare Impartial Analysis for Measure (Term Limits)
Attachment C – Resolution 2026- 79 Calling Election for Measure (District Elections) Attachment D – Resolution 2026-80 Directing City Attorney to Prepare Impartial Analysis (District Elections)
Attachment E – Resolution 2026-81 Calling Election for Measure (Public Meetings) Attachment F – Resolution 2026-82 Directing City Attorney to Prepare Impartial Analysis (Public Meetings)
Attachment G – Resolution 2026-83 Requesting County Services 13 RESOLUTION NO. 2026-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CALLING FOR

AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, TO SUBMIT TO THE VOTERS AN INITIATIVE

MEASURE PROPOSING TO AMEND THE CITY

CHARTER TO MODIFY CITY CHARTER PROVISIONS

RELATED TO CITY COUNCIL MEMBER TERM LIMITS
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 related to City Council Member term limits ("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 Imposing a Lifetime Two-Term Limit on City Council Service and Eliminating Return to Office After a Break in Service";
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, the Initiative is the subject of litigation in the case titled City of Newport Beach et al. v. Newport Beach Stewardship Association, et al., Orange County Superior Court Case No. 30-2026-01559183, in which, among other issues, the City asserted that the proponents of the measure failed to comply with the publication and posting requirements;
WHEREAS, on September 2, 2026, the Orange County Superior Court issued a writ of mandate (the "Writ") compelling the City Council to take all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process, which order the City contends violates the legislative power and discretion of the City Council to determine the date the Initiative is to be considered by the voters;
WHEREAS, the City sought appellate relief from the Writ, including a stay of the Writ, and on September 10, 2026, the Court of Appeal denied the City's request for a stay;
14 Resolution No. 2026-77

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WHEREAS, the Writ therefore remains in effect and directs the City to proceed with an election on the Initiative on November 3, 2026; WHEREAS, the City Council recognizes that the timing and manner in which the Writ directs the City to conduct the November 3, 2026, election creates conflicts with certain deadlines, procedures, and requirements that the City believes would otherwise apply to the calling, administration, and conduct of the election under the California Elections Code and the City Charter;
WHEREAS, notwithstanding those conflicts, the Writ presently remains in effect, and the City Council desires to take all actions presently within the City's control to comply with the Writ while preserving the City's objections and legal rights concerning the Writ and any conflict between the Writ and otherwise applicable law; WHEREAS, because of the timing of the Writ, the status of the November 3, 2026, election already being administered by the Orange County Registrar of Voters, and the deadlines and procedures applicable to consolidation, the City cannot presently accomplish submission of the Initiative measure to the voters through consolidation with the County-administered November 3, 2026, election;
WHEREAS, to comply with the Writ and submit the Initiative measure to the voters on November 3, 2026, the City Council therefore desires to call and conduct a separate, standalone special municipal election on November 3, 2026 (the "Special Municipal Election");
WHEREAS, the Special Municipal Election will be administered under the authority and supervision of the City Clerk, as the City's elections official, with the assistance of qualified election consultants, vendors, temporary election personnel, and other people authorized by the City Clerk and the City; WHEREAS, the only matters to be submitted to the voters at the Special Municipal Election will be the three imitative measures, which are the subject of the Writ, and the City's ballot will be separate and distinct from the ballot being administered by the Orange County Registrar of Voters for the November 3, 2026, election; WHEREAS, the City intends to administer the Special Municipal Election separately from the County-administered November 3, 2026, election, including the preparation and issuance of ballots, receipt and processing of returned ballots, signature verification and curing, ballot tabulation, canvass, and certification of election results, except to the extent the City receives records, information, services, facilities, or other assistance from the County of Orange or another governmental agency; 15 Resolution No. 2026-77

Page 3 of 11 ends

WHEREAS, because of the exceptionally compressed period within which the Writ requires the City to establish and conduct the Special Municipal Election, the City intends to conduct the election using a mail-ballot model under which ballots will be issued to eligible City voters and returned through the methods established by the City Clerk, together with such voter-assistance, accessible-voting, replacement-ballot, ballot-return, and other procedures as the City Clerk determines are necessary and reasonably practicable to conduct the election;
WHEREAS, the City does not presently intend to establish traditional precinct polling places for the Special Municipal Election and recognizes that the proposed election model, including the absence of traditional precinct polling places and the compressed schedule for the issuance of ballots, may conflict with or require modification of procedures that the City believes would otherwise apply under the California Elections Code or City Charter;
WHEREAS, although the City intends to administer the Special Municipal Election separately, the City does not possess or independently maintain all the voter-registration records, voter signature records, military and overseas voter information, continuing voter-registration updates, and other election information necessary to administer the Special Municipal Election;
WHEREAS, certain records, information, systems, and election functions necessary for the accurate and lawful administration of the Special Municipal Election are maintained or controlled by the Orange County Registrar of Voters and cannot be independently created or reliably replicated by the City, its election consultants, or its election vendors;
WHEREAS, the City's ability to timely and properly administer the Special Municipal Election therefore depends upon receiving necessary voter-registration information and updates, military and overseas voter information, lawful access to voter signature records necessary for signature verification and curing, and such other County controlled information, records, and coordination as may be necessary to conduct and complete the election;
WHEREAS, the City Council is separately requesting that the County of Orange, including the Orange County Board of Supervisors and Orange County Registrar of Voters, provide specified election records, information, services, and coordination necessary to assist the City in conducting the Special Municipal Election; WHEREAS, because certain necessary election information and resources are maintained or controlled by the County, the City's ability to conduct and complete the Special Municipal Election in accordance with the Writ may be materially affected by the 16 Resolution No. 2026-77

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timing, availability, and scope of the records, information, access, services, and coordination provided by the County;
WHEREAS, because of the limited time remaining before November 3, 2026, immediate commencement and continuous performance of election activities is necessary, including retention and authorization of election consultants and vendors, preparation of ballot materials, acquisition and processing of voter information, preparation and issuance of ballots to military and overseas voters, preparation and issuance of ballots to other eligible voters, establishment of ballot-return and voter assistance procedures, staffing and training, testing of election equipment and systems, and preparation for ballot processing, tabulation, canvass, and certification; WHEREAS, the City Council desires that the City Clerk take all administrative and operational actions within the City's authority that are necessary to conduct the Special Municipal Election in accordance with this Resolution, the Writ, any further orders of the Court, and otherwise applicable law to the extent reasonably practicable and not inconsistent with the Writ or further order of the Court; WHEREAS, the City Council recognizes that compliance with the Writ may present additional conflicts with deadlines, procedures, or other requirements that the City believes would otherwise apply under the California Elections Code, the City Charter, or other applicable law, or may depend upon County-controlled information, access, services, or coordination that is not available to the City within the time required to conduct the Special Municipal Election;
WHEREAS, if an otherwise applicable election requirement cannot reasonably be reconciled with the requirements of the Writ, or if County-controlled records, information, access, services, or coordination necessary to perform an essential election function are not made available in sufficient time, the City Clerk may take that action necessary to comply with the Writ;
WHEREAS, the City Council authorizes the City Attorney to seek further clarification, direction, modification, or other appropriate relief from the Court concerning the City's obligations under the Writ;
WHEREAS, in adopting this Resolution and proceeding with the Special Municipal Election, the City Council does not find or concede that the timing, manner, or procedures required to implement the Writ comply with every requirement that would otherwise apply under the California Elections Code, the City Charter, or other applicable law; and
17 Resolution No. 2026-77

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WHEREAS, neither the adoption of this Resolution nor any action taken by the City, the City Clerk, or other City officials to implement the Writ shall constitute a waiver of the City's objections to the Writ or of any claim, defense, appellate right, or other legal position concerning the Writ, the California Elections Code, the City Charter, or other applicable law.

NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows:

Section 1: The City Council hereby calls and orders a separate, standalone Special Municipal Election to be held in the City of Newport Beach on Tuesday, November 3, 2026, for the purpose of submitting to the qualified voters of the City the Initiative measure identified in this Resolution.

Section 2: The City Council does hereby order submitted to the registered voters of the City of Newport Beach at the Special Municipal Election on Tuesday, November 3, 2026, the following question:

MEASURE

Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast.

Section 5: The City Clerk shall serve as the elections official for the Special Municipal Election and is authorized and directed to administer and conduct the election, subject to the direction of the City Council and in accordance with the Writ, any further order of the Court, and otherwise applicable law to the extent reasonably practicable and not inconsistent with the Writ or further order of the Court. 18 Resolution No. 2026-77

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Section 6: The City Clerk is authorized and directed to conduct the Special Municipal Election using a mail-ballot model under which ballots and required voting materials shall be issued to eligible City voters. The City does not presently intend to establish traditional precinct polling places for the Special Municipal Election. The City Clerk is authorized and directed, however, to establish such voter-assistance, accessible voting, ballot-return, replacement-ballot, or other in-person election services or facilities as the City Clerk determines are necessary or appropriate to provide eligible voters a reasonable opportunity to vote and to comply with applicable law, the Writ, or any further order of the Court.

Section 7: The City Clerk is authorized and directed to establish, approve, and implement all procedures reasonably necessary to conduct the Special Municipal Election, including procedures relating to:
(a) voter eligibility, voter-registration information, and voter-record updates; (b) military and overseas voters;
(c) preparation, proofing, printing, issuance, and distribution of ballots and other required election materials;
(d) ballot replacement and the identification and invalidation or superseding of replaced ballots;
(e) accessible voting and assistance to voters with disabilities; (f) language assistance and translated election materials to the extent required; (g) receipt and return of voted ballots, including ballots returned by mail and any other ballot-return method established by the City Clerk; (h) receipt and handling of ballots or election materials misdirected to the County or other elections official;
(i) signature verification, additional review of signatures, voter notification, and curing of missing or nonmatching signatures;
(j) conditional, provisional, or other voting procedures to the extent required or reasonably necessary;
(k) ballot processing, duplication when necessary, and reconciliation; (I) secure custody, storage, transport, transfer, and chain of custody of ballots and election materials;
19 Resolution No. 2026-77

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(m) certified voting systems, ballot-processing equipment, software, logic and accuracy testing, tabulation, audit, and technical support; (n) election observation and public access to election processes to the extent required by applicable law;
(o) voter education and communications concerning the separate City ballot, methods for obtaining and returning ballots, applicable deadlines, and available voter assistance;
(p) canvass of election returns; and
( q) certification and presentation of the election results to the City Council.

Section 8: The City Clerk is authorized and directed to take all reasonably practicable actions necessary to timely prepare and transmit ballots and voting materials to eligible military and overseas voters and to establish procedures for the receipt and processing of ballots returned by those voters.

Section 9: The City Clerk and City Manager are authorized to enter into contracts, retain, authorize, direct, and coordinate qualified election consultants, election vendors, temporary election personnel, and other persons reasonably necessary to conduct the Special Municipal Election. The restrictions set forth in Council Policy F-14, or which otherwise restrict the ability of the City Clerk or City Manager to enter into contracts, including, but not limited to, the monetary and other restrictions on the City Clerk's and City Manager's authority to contract shall not apply. The City Clerk may delegate ministerial and operational election functions to qualified consultants, vendors, and election personnel while retaining such supervision and authority as are required of the City's elections official.

Section 10: The City Clerk shall establish and maintain procedures reasonably designed to protect the security and integrity of ballots and election materials from preparation and issuance through receipt, processing, tabulation, canvass, certification, and retention, including appropriate access controls, reconciliation procedures, secure storage, documentation of transfers, and chain-of-custody requirements.

Section 11: The City Clerk shall establish procedures for verification of signatures on ballot identification envelopes, any additional review required for signatures that cannot initially be verified, notification of voters concerning missing or nonmatching signatures, and timely curing of signature deficiencies.

Section 12: The City Clerk, City Manager, and City Attorney are authorized and directed to take all appropriate actions within their respective authority to obtain from the 20 Resolution No. 2026-77

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County of Orange and the Orange County Registrar of Voters the records, information, access, services, and coordination reasonably necessary to conduct the Special Municipal Election. The City's specific requests for County election services, records, information, access, and coordination are addressed by a separate Resolution of the City Council. If the City Clerk determines that a County-controlled record, information source, system, access method, service, or other resource necessary to perform an essential election function will not be available in sufficient time, the City Clerk shall promptly advise the City Manager and City Attorney. The City Clerk may designate and train qualified election personnel to perform those functions and may utilize lawful access to voter registration signatures and other qualifying signed election records made available by the County or other authorized source.

Section 13: The City Clerk is authorized to obtain and utilize certified voting systems, ballot-processing equipment, software, services, and technical support necessary to conduct the Special Municipal Election and shall establish appropriate testing, security, reconciliation, audit, and chain-of-custody procedures for the use of those systems.

Section 14: Following the Special Municipal Election, the City Clerk shall conduct or cause to be conducted the official canvass of the election returns and shall present the results to the City Council for declaration and such further action as may be required by applicable law, the Writ, or further order of the Court.

Section 15: The City Clerk, City Manager ad City Attorney are authorized to take such additional administrative and operational actions and execute such documents within their respective authority as are reasonably necessary to implement this Resolution, meet election deadlines, procure necessary election goods and services, administer the Special Municipal Election, and comply with the Writ. This authority includes the ability to modify administrative election procedures, schedules, locations, methods of ballot return, voter-assistance arrangements, staffing, and other operational matters when reasonably necessary because of changed circumstances, vendor requirements, County coordination, or further direction from the Court, provided that any such action remains within the authority delegated by the City Council.

Section 16: The City Council recognizes that compliance with the Writ may conflict with certain deadlines, procedures, or other requirements that the City believes would otherwise apply under the California Elections Code, the City Charter, or other applicable law. The City Clerk is directed to comply with otherwise applicable election requirements to the extent reasonably practicable and not inconsistent with the Writ or any further order of the Court. If the City Clerk or City Manager determines that an otherwise applicable election requirement cannot reasonably be accomplished within the 21 Resolution No. 2026-77

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time provided by the Writ or otherwise presents a material legal or operational impediment to conducting the Special Municipal Election, the matter shall be promptly referred to the City Attorney.

Section 17: The City Attorney is authorized to seek such clarification, direction, modification, or other appropriate relief from the Superior Court or any appellate court as may be necessary concerning conflicts between the Writ and otherwise applicable election requirements, the proposed method of conducting the Special Municipal Election, unavailable County-controlled information or resources, election deadlines, or other circumstances materially affecting the City's ability to conduct the Special Municipal Election.

Section 18: The City's adoption of this Resolution and all actions taken pursuant to it are undertaken in an effort to comply with the Writ. Nothing in this Resolution, and no action taken by the City, City Council, City Clerk, City Manager, City Attorney, consultant, vendor, or other City representative to implement the Writ, shall be construed as a concession or determination by the City that the Writ or the election procedures necessary to implement the Writ comply with every requirement that the City believes would otherwise apply under the California Elections Code, City Charter, or other applicable law.

The City expressly preserves all objections, claims, defenses, appellate rights, and other legal positions concerning the Writ and any conflict between the Writ and otherwise applicable law.

Furthermore, to avoid an argument that the City Council's action to call the election or adopt this Resolution is "voluntary compliance" with the Writ, the City Council finds that it is being compelled to take the action calling the election for the Initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the Initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the Initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the Writ concerning the election at which the Initiative is to be considered and places the Initiative on the November 3, 2026, ballot. The City Council's action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court's ruling.

Furthermore, the City Council finds and declares that the adoption of this Resolution is being compelled by the Writ and that the City Council does not waive or release any and 22 Resolution No. 2026-77

Page 1 ends

all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly, the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent's complied with the publication and posting requirements for this Initiative. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

Section 19: 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 as necessary or required.

Section 20: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 21: 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 22: If the voters approve the Initiative to amend the City Charter, the Initiative shall be adopted in accordance with Elections Code Section 9269 or as otherwise required by law.

Section 23: The City Clerk shall deliver certified copies of this Resolution, including the full text of the measure attached hereto as Attachment A, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrar of Voters.

Section 24: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 25: 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 unconstitutional.

Section 26: 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 23 Resolution No. 2026-77

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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.

Section 27: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 67, 68, and 69. 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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

C
A

TTORNEY'S OFFICE
"- ( ff- c;_Aaron C. Harp
City Attorney
Attachment: Exhibit A - Term Limits Initiative
Lauren Kleiman
Mayor
24 Exhibit A
Term Limits Initiative
25 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Newport Beach do hereby ordain as follows:

Section 1. Title
This initiative measure shall be known as the "Initiative To Establish Strict Term Limits for City Council Members" (the "Initiative").

Section 2. Purpose and Findings.

A. Purpose. Entrenched interests at the City Council do not promote the bests interests of the community. This Initiative seeks to improve the leadership and governance ofNewport Beach by eliminating the current loophole that allows City Council Members to serve for an unlimited number of terms so long as they are not consecutive. A revolving door of council members is not desirable , and the Charter of the City ofNewp01t Beach ("Charter") should be modified to ensure council members remain responsive to local residents. This Initiative amends the Cha1ter to limit Council Members from serving more than two full terms , or a total of 8 years .

B. Findings. The residents of the City of Newport Beach find that this Initiative promotes the public interest in light of its purpose and the following facts and circumstances:

1. Term limits promote electoral compet ition , encourage civic participation , and --- create opp01tunities for new leadership.

2. This Initiative closes the current term limit "loophole" by eliminating the ability of a former City Council Member to sit on the sidelines then return for another eight years. The current law allows the same politicians to run our City without the benefit of new voices and viewpoints.

3. Many cities and counties in California have maximum term limits. This Initiative is consistent with many other jurisdictions throughout California.

4. This Initiative will better align the City Charter with the community 's general understanding , expectations and preferences.

5. This Initiative recognizes the benefits that local governments can receive from experienced leadership. By allowing for up to eight years on the City Council , the City can benefit from City Council Members with experience and institutional knowledge.

6. City Council Members may be distracted and influenced by the opportw1ity to return to the City Council for additional terms. This Initiative eliminates incentives for City Council Members to engage in behavior that is guided by a City Council Member ' s interests in 26 additional terms on the City Council, instead of the interests of the Newpo1t Beach community.

This Initiative helps ensure that the City Council Members are focused on what is best for the City, not their reelection prospects .

7. Extended service on the City Council allows for concentration of power, undermines democratic and transparent governance, and can lead to unethical behavior. This Initiative will prevent the various consequences of powerful repeat leaders who have interests and allegiances tied to previous government roles, and will create more opportunities for new, fresh leadership on the City Council.

8. This Irutiative is in the best interest of the people of Newport Beach.

Section 3. Amendment and Addition to the Newport Beach Municipal Code.

The voters hereby amend and Section 401 (titled, "Eligibility") of the City Cha1ter as follows (new language is shown in underlined text and deleted text shown in strikethrnugh text):
"No person shall be eligible to hold office as a member of the City Council unless he or she is, and shall have been for at least thirty (30) days immediately preceding his or her nomination or appointment, a registered elector of the district from which he or she is nominated or appointed , and for at least thirty (30) days immediately preceding his or her election or appointment, a registered elector of the City.

Notwithstanding the provisions of Section 400, no person shall be or remain eligible to hold office as a member of the City Council for more than two (2) consecutiY,e four ( 4) year terms or a total of eight (8) years ("Term Limit"). Service of a partia~ term, by appointment or otherwise, on the City Council of any duration shall constitute efompletion of a four-year term for purposes of the Term Limit. All duly elected City Council members as of January 31, 2027. shall remain eligible to complete their current terms notwithstanding the Term Limit, but eligibility for any future term on the City Council shall be subject to the Term Limit. Members of the City Council who have served one or more terms prior to their current term shall be entitled to complete s1:1ch term, but shall not be eligible for re election except as provided belov,. Members of the City Council who are serving their first term as of the effecth·e date of this amendment shall be eligible to hold office during a second four year term when the current term e~cpires.

This section is intended to pre¥ent persons from serving more than two (2) consecutive terms, and shall not be construed to render ineligible any person who 1Nould not, by virtue of his or her election, serYe more than two consecutive terms ." Section 4. Implementation of this Initiative.

A. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the "Effective Date"). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any 2 27
administrative steps necessary to update any and all City ordinances , codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative.

B. Upon the Effective Date of this Initiative , the City Charter provisions of Section 3 of this Initiative are hereby inserted into the City Charter as set forth above. The City may reorganize, renumber, and/or reformat the City Chruier to incorporate Section 3 of this Initiative, provided that the full text of each provision is inserted into the City Chaiter without alteration.

C. The City Charter in effect on the date of filing of the Notice oflntention to Circulate Petition ("Filing Date"), and the City Charter as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City Charter and other City policies and plans remain an integrated, internally consistent , and compatible statement of policies for the City, any provision of the City Charter that is adopted between the Filing Date and the Effective Date of the City Charter amendment adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the City Charter amendment adopted by this Initiative , be amended as soon as possible and in the manner and time required by applicable law to ensure consistency with this Initiative.

Section 5. Effect of Other Measures on the Same Ballot.

If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety. 1f a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, bind ing and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure.

Section 6. Interpretation, Severability, and Legal Defense.

The voters declare that this Initiative , and each section, sub-section , sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, parts, or portions are found to be invalid. If any prov ision of this Initiative is held invalid as applied to any person or circumstance , such invalidity does not affect any application of this Initiative that can be given effect without the 3 28
invalid application.

B. If any portion of this Initiative is held by a couit of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and reenact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the comt in a manner consistent with the express and implied intent of this Initiative, including by presenting voters with an opportunity to adopt or reenact any such portion in a manner consistent with this Initiative.

C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set faith in this Initiative.

D. The People of the City ofNewp01t Beach desire that this amendment to the City Charter, if approved by the voters and thereafter challenged in comt, be defended by the City. The People, by approving this City Cha1ter amendment, hereby declare that the proponent(s) of this City Cha1ter amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this City Charter amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any comt of law, shall be empowered by the People through this measure to act as agents of the People, and shall be entitled to recover their reasonable attorney's fees from the City of Newport Beach.

Section 7. Amendment or Repeal.

The City Cha1ter as amended and adopted by Section 3 of this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend the City Chatter provisions as amended and adopted by Section 3 and does not limit the power of the City to amend or repeal other portions of the City Charter or Newport Beach Municipal Code in a manner that is consistent with this Initiative and other applicable law.

Section 8. Judicial Enforcement.

Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative consistent with Section 6 of this Initiative.
4 29
RESOLUTION NO. 2026-78

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 TERM LIMITS TO BE SUBMITTED TO THE

VOTERS AT THE SPECIAL MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 3, 2026, AND ESTABLISHING

THE FILING DEADLINE FOR THE FILING OF THE

IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS

FOR AND AGAINST THE INITIATIVE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of Newport Beach, California ("City") on November 3, 2026, 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 impose a lifetime two-term limit on City Council service, for a maximum of eight years of service on the City Council,
regardless of any break in service, be adopted?
Yes
1-------il
No
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.
30 Resolution No. 2026-

Page 2 of 4 ends

NOW, THEREFORE , the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows:

Section 1: 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 September 11 , 2026.

Section 2: The proponents of the initiative measure may file an argument for, the initiative measure, 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. The City Council hereby authorizes _______ _ ________ , and ________ to file a written argument against the measure.

Section 3: The arguments for or against the initiative measure may be filed, changed or withdrawn until 5:00 p.m. on September 11, 2026, 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).

Section 4: 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 organization, 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 5: 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.

Section 6: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 7: 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.

Page 3 of 4 ends

To avoid an argument that the City Council's action to call the election or adopt this resolution is "voluntary compliance" with the writ issued on September 2, 2026, the City Council finds that it is being compelled to take the action calling the election for the initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the writ concerning the election at which the initiative is to be considered and places the initiative on the November 3, 2026, ballot. The City Council's action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court's ruling.

Neither the City or City Council waives any claim, defense , objection, argument , appellate right, or request for relief arising from or relating to the City Council's compelled compliance with the writ including, any appellate proceeding in Orange County Superior Court Case No. 30-2026-01559183 or Case No. 30-2026-01580961 ( City of Newport Beach et al. v. Robert Page, in his Official Capacity as Registrar of Voters, et al.). i Furthermore, the City Council finds and declares that the adoption of this resolution is being compelled by the writ and that the City Council does not waive or release any and all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly , the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent's complied with the publication and posting requirements for this measure . The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

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.

Page 4 of 4 ends

Section 12: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 64, 65, and 66. 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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
d A-- Ci~--
AaroC . Harp
City Attorney
Lauren Kleiman
Mayor
33 RESOLUTION NO. 2026-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CALLING FOR

AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, TO SUBMIT TO THE VOTERS AN INITIATIVE

MEASURE PROPOSING TO AMEND THE CITY

CHARTER TO MODIFY CITY CHARTER PROVISIONS

RELATED TO DISTRICT-ONLY VOTING FOR CITY

COUNCIL MEMBERS
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, the Initiative is the subject of litigation in the case titled City of Newport Beach et al. v. Newport Beach Stewardship Association, et al., Orange County Superior Court Case No. 30-2026-01559183, in which, among other issues, the City asserted that the proponents of the measure failed to comply with the publication and posting requirements;
WHEREAS, on September 2, 2026, the Orange County Superior Court issued a writ of mandate (the "Writ") compelling the City Council to take all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process, which order the City contends violates the legislative power and discretion of the City Council to determine the date the Initiative is to be considered by the voters;
WHEREAS, the City sought appellate relief from the Writ, including a stay of the Writ, and on September 10, 2026, the Court of Appeal denied the City's request for a stay;
34 Resolution No. 2026-

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WHEREAS, the Writ therefore remains in effect and directs the City to proceed with an election on the Initiative on November 3, 2026; WHEREAS, the City Council recognizes that the timing and manner in which the Writ directs the City to conduct the November 3, 2026, election creates conflicts with certain deadlines, procedures , and requirements that the City believes would otherwise apply to the calling, administration, and conduct of the election under the California Elections Code and the City Charter;
WHEREAS , notwithstanding those conflicts, the Writ presently remains in effect, and the City Council desires to take all actions presently within the City's control to comply with the Writ while preserving the City's objections and legal rights concerning the Writ and any conflict between the Writ and otherwise applicable law; WHEREAS , because of the timing of the Writ, the status of the November 3, 2026, election already being administered by the Orange County Registrar of Voters , and the deadlines and procedures applicable to consolidation , the City cannot presently accomplish submission of the Initiative measure to the voters through consolidation with the County-administered November 3, 2026, election;
WHEREAS, to comply with the Writ and submit the Initiative measure to the voters on November 3, 2026, the City Council therefore desires to call and conduct a separate, standalone special municipal election on November 3, 2026 (the "Special Municipal Election");
WHEREAS , the Special Municipal Election will be administered under the authority and supervision of the City Clerk, as the City's elections official, with the assistance of qualified election consultants, vendors, temporary election personnel , and other people authorized by the City Clerk and the City;
WHEREAS, the only matters to be submitted to the voters at the Special Municipal Election will be the three imitative measures, which are the subject of the Writ, and the City's ballot will be separate and distinct from the ballot being administered by the Orange County Registrar of Voters for the November 3, 2026, election; WHEREAS, the City intends to administer the Special Municipal Election separately from the County-administered November 3, 2026, election, including the preparation and issuance of ballots, receipt and processing of returned ballots, signature verification and curing, ballot tabulation , canvass , and certification of election results, except to the extent the City receives records, information, services, facilities, or other assistance from the County of Orange or another governmental agency; 35 Resolution No. 2026-

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WHEREAS, because of the exceptionally compressed period within which the Writ requires the City to establish and conduct the Special Municipal Election, the City intends to conduct the election using a mail-ballot model under which ballots will be issued to eligible City voters and returned through the methods established by the City Clerk, together with such voter-assistance , accessible-voting, replacement-ballot, ballot-return, and other procedures as the City Clerk determines are necessary and reasonably practicable to conduct the election;
WHEREAS, the City does not presently intend to establish traditional precinct polling places for the Special Municipal Election and recognizes that the proposed election model, including the absence of traditional precinct polling places and the compressed schedule for the issuance of ballots, may conflict with or require modification of procedures that the City believes would otherwise apply under the California Elections Code or City Charter;
WHEREAS, although the City intends to administer the Special Municipal Election separately, the City does not possess or independently maintain all the voter-registration records, voter signature records, military and overseas voter information, continuing voter-registration updates, and other election information necessary to administer the Special Municipal Election;
WHEREAS , certain records, information, systems, and election functions necessary for the accurate and lawful administration of the Special Municipal Election are maintained or controlled by the Orange County Registrar of Voters and cannot be independently created or reliably replicated by the City, its election consultants , or its election vendors;
WHEREAS, the City's ability to timely and properly administer the Special Municipal Election therefore depends upon receiving necessary voter-registration information and updates, military and overseas voter information, lawful access to voter signature records necessary for signature verification and curing, and such other County controlled information, records, and coordination as may be necessary to conduct and complete the election;
WHEREAS, the City Council is separately requesting that the County of Orange, including the Orange County Board of Supervisors and Orange County Registrar of Voters, provide specified election records, information, services, and coordination necessary to assist the City in conducting the Special Municipal Election; WHEREAS, because certain necessary election information and resources are maintained or controlled by the County, the City's ability to conduct and complete the Special Municipal Election in accordance with the Writ may be materially affected by the 36 Resolution No. 2026-

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timing, availability , and scope of the records, information , access, services , and coordination provided by the County;
WHEREAS , because of the limited time remaining before November 3, 2026, immediate commencement and continuous performance of election activities is necessary, including retention and authorization of election consultants and vendors , preparation of ballot materials, acquisition and processing of voter information , preparation and issuance of ballots to military and overseas voters, preparation and issuance of ballots to other eligible voters, establishment of ballot-return and voter assistance procedures , staffing and training, testing of election equipment and systems , and preparation for ballot processing , tabulation, canvass, and certification ; WHEREAS , the City Council desires that the City Clerk take all administrative and operational actions within the City's authority that are necessary to conduct the Special Municipal Election in accordance with this Resolution, the Writ, any further orders of the Court, and otherwise applicable law to the extent reasonably practicable and not inconsistent with the Writ or further order of the Court; WHEREAS , the City Council recognizes that compliance with the Writ may present additional conflicts with deadlines , procedures , or other requirements that the City believes would otherwise apply under the California Elections Code, the City Charter , or other applicable law, or may depend upon County-controlled information , access, services, or coordination that is not available to the City within the time required to conduct the Special Municipal Election;
WHEREAS , if an otherwise applicable election requirement cannot reasonably be reconciled with the requirements of the Writ, or if County-controlled records, information , access, services, or coordination necessary to perform an essential election function are not made available in sufficient time, the City Clerk may take that action necessary to comply with the Writ;
WHEREAS , the City Council authorizes the City Attorney to seek further clarification, direction, modification, or other appropriate relief from the Court concerning the City's obligations under the Writ;
WHEREAS, in adopting this Resolution and proceeding with the Special Municipal Election, the City Council does not find or concede that the timing, manner, or procedures required to implement the Writ comply with every requirement that would otherwise apply under the California Elections Code, the City Charter, or other applicable law; and WHEREAS , neither the adoption of this Resolution nor any action taken by the City, the City Clerk, or other City officials to implement the Writ shall constitute a waiver 37 Resolution No. 2026-

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of the City's objections to the Writ or of any claim, defense , appellate right, or other legal position concerning the Writ, the California Elections Code, the City Charter, or other applicable law.

NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows:

Section 1: The City Council hereby calls and orders a separate , standalone Special Municipal Election to be held in the City of Newport Beach on Tuesday, November 3, 2026, for the purpose of submitting to the qualified voters of the City the Initiative measure identified in this Resolution .

Section 2: The City Council does hereby order submitted to the registered voters of the City of Newport Beach at the Special Municipal Election on Tuesday, November 3, 2026, the following question :

MEASURE

Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast.

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Section 7: The City Clerk is authorized and directed to establish, approve, and implement all procedures reasonably necessary to conduct the Special Municipal Election, including procedures relating to:
(a) voter eligibility, voter-registration information, and voter-record updates; (b) military and overseas voters;
(c) preparation, proofing, printing, issuance, and distribution of ballots and other required election materials;
(d) ballot replacement and the identification and invalidation or superseding of replaced ballots;
(e) accessible voting and assistance to voters with disabilities; (f) language assistance and translated election materials to the extent required; (g) receipt and return of voted ballots, including ballots returned by mail and any other ballot-return method established by the City Clerk; (h) receipt and handling of ballots or election materials misdirected to the County or other elections official;
(i) signature verification, additional review of signatures, voter notification, and curing of missing or nonmatching signatures;
U) conditional, provisional, or other voting procedures to the extent required or reasonably necessary;
(k) ballot processing, duplication when necessary , and reconciliation ; (I) secure custody, storage, transport, transfer, and chain of custody of ballots and election materials;
39 Resolution No. 2026-

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(m) certified voting systems, ballot-processing equipment , software, logic and accuracy testing, tabulation , audit, and technical support; (n) election observation and public access to election processes to the extent required by applicable law;
(o) voter education and communications concerning the separate City ballot, methods for obtaining and returning ballots, applicable deadlines, and available voter assistance;
(p) canvass of election returns; and
( q) certification and presentation of the election results to the City Council.

Section 9: The City Clerk and City Manager are authorized to enter into contracts, retain, authorize, direct, and coordinate qualified election consultants , election vendors, temporary election personnel, and other persons reasonably necessary to conduct the Special Municipal Election. The restrictions set forth in Council Policy F-14, or which otherwise restrict the ability of the City Clerk or City Manager to enter into contracts, including, but not limited to, the monetary and other restrictions on the City Clerk's and City Manager's authority to contract shall not apply. The City Clerk may delegate ministerial and operational election functions to qualified consultants , vendors , and election personnel while retaining such supervision and authority as are required of the City's elections official.

Section 10: The City Clerk shall establish and maintain procedures reasonably designed to protect the security and integrity of ballots and election materials from preparation and issuance through receipt, processing , tabulation , canvass, certification , and retention, including appropriate access controls, reconciliation procedures , secure storage, documentation of transfers, and chain-of-custody requirements.

Section 12: The City Clerk, City Manager, and City Attorney are authorized and directed to take all appropriate actions within their respective authority to obtain from the 40 Resolution No. 2026-

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County of Orange and the Orange County Registrar of Voters the records, information , access, services, and coordination reasonably necessary to conduct the Special Municipal Election. The City's specific requests for County election services, records, information, access, and coordination are addressed by a separate Resolution of the City Council. If the City Clerk determines that a County-controlled record, information source, system, access method, service, or other resource necessary to perform an essential election function will not be available in sufficient time, the City Clerk shall promptly advise the City Manager and City Attorney. The City Clerk may designate and train qualified election personnel to perform those functions and may utilize lawful access to voter registration signatures and other qualifying signed election records made available by the County or other authorized source.

Page 9 of 11 ends

time provided by the Writ or otherwise presents a material legal or operational impediment to conducting the Special Municipal Election, the matter shall be promptly referred to the City Attorney .

Section 17: The City Attorney is authorized to seek such clarification , direction, modification, or other appropriate relief from the Superior Court or any appellate court as may be necessary concerning conflicts between the Writ and otherwise applicable election requirements , the proposed method of conducting the Special Municipal Election, unavailable County-controlled information or resources, election deadlines, or other circumstances materially affecting the City's ability to conduct the Special Municipal Election.

Section 18: The City's adoption of this Resolution and all actions taken pursuant to it are undertaken in an effort to comply with the Writ. Nothing in this Resolution , and no action taken by the City, City Council, City Clerk, City Manager , City Attorney , consultant , vendor, or other City representative to implement the Writ, shall be construed as a concession or determination by the City that the Writ or the election procedures necessary to implement the Writ comply with every requirement that the City believes would otherwise apply under the California Elections Code, City Charter , or other applicable law.

The City expressly preserves all objections, claims, defenses, appellate rights, and other legal positions concerning the Writ and any conflict between the Writ and otherwise applicable law.

Furthermore , to avoid an argument that the City Council's action to call the election or adopt this Resolution is "voluntary compliance" with the Writ, the City Council finds that it is being compelled to take the action calling the election for the Initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the Initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the Initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the Writ concerning the election at which the Initiative is to be considered and places the Initiative on the November 3, 2026, ballot. The City Council's action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court's ruling.

Furthermore , the City Council finds and declares that the adoption of this Resolution is being compelled by the Writ and that the City Council does not waive or release any and 42 Resolution No. 2026-

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all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly , the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent's complied with the publication and posting requirements for this Initiative. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

Section 19: 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 as necessary or required.

Section 20: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions .

Section 22: If the voters approve the Initiative to amend the City Charter, the Initiative shall be adopted in accordance with Elections Code Section 9269 or as otherwise required by law.

Section 24: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 25: 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 unconstitutional.

Section 26: 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 43 Resolution No. 2026-

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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.

Section 27: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 64, 65, and 66. 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 11th day of September , 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
A -- c_ I+ -----.

Aaron C. Harp
City Attorney
Attachment: Exhibit A - District-Only Voting Initiative Lauren Kleiman
Mayor
44 Exhibit A
District-Only Voting Initiative
45 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 46

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 47
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.

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 48 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 49
RESOLUTION NO. 2026-80

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 SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3,
2026, AND ESTABLISHING THE FILING DEADLINE FOR

THE FILING OF THE IMPARTIAL ANALYSIS AND

WRITTEN ARGUMENTS FOR AND AGAINST THE

INITIATIVE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of Newport Beach, California ("City") on November 3, 2026, 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 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------11
No
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
50 Resolution No. 2026-

Page 2 of 4 ends

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 of the City of Newport Beach, California, does resolve, declare, determine and order as follows:

Section 1: 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 September 11 , 2026.

Section 2: The proponents of the initiative measure may file an argument for, the initiative measure, 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. The City Council hereby authorizes _______ _ ________ , and ________ to file a written argument against the measure.

Section 4: 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 organization , 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: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 7: 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. 51 Resolution No. 2026-

Page 3 of 4 ends

Section 8: In the case of City of Newport Beach et al. v. Newport Beach Stewardship Association, et al., Orange County Superior Court Case No. 30-2026- 01559183, a writ was issued on September 2, 2026, compelling the City Council to "[t]ake all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process ." To avoid an argument that the City Council's action to call the election or adopt this resolution is "voluntary compliance" with the writ issued on September 2, 2026, the City Council finds that it is being compelled to take the action calling the election for the initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the initiative on the ballot upon threat of contempt , the City Council exercises only the discretion afforded to it by the writ concerning the election at which the initiative is to be considered and places the initiative on the November 3, 2026, ballot. The City Council's action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court's ruling.

Furthermore , the City Council finds and declares that the adoption of this resolution is being compelled by the writ and that the City Council does not waive or release any and all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly, the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent's complied with the publication and posting requirements for this measure . The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

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. 52 Resolution No. 2026-

Page 4 of 4 ends

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.

Section 12: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 67, 68, and 69. 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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
A.._ C ff~ ....

Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
53 RESOLUTION NO. 20 26-81
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CALLING FOR

AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3 ,
2026, TO SUBMIT TO THE VOTERS AN INIT IATIVE

MEASURE PROPOSING TO AMEND THE CITY

CHARTER TO ESTABLISH NEW CHARTER

REQUIREMENTS GOVERNING PUBLIC MEETINGS,

PUBLIC RECORDS, GOVERNMENT OVERSIGHT, AND

ENFORCEMENT
WHEREAS, on December 23, 2025, 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 governing public meetings, public records, government oversight, and enforcement (“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 Establishing Charter Provisions Governing Public Meetings, Public Records, and Government Oversi ght, in Addition to Those Requirements Provided for Under State Law”;
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, the Initiative is the subject of litigation in the case titled City of Newport Beach et al. v. Newport Beach Stewardship Association, et al. , Orange County Superior Court Case No. 30-2026-01559183, in which, among other issues, the City asserted that the proponents of the measure failed to comply with the publication and posting requirements;
WHEREAS, on September 2, 2026, the Orange County Superior Court issued a writ of mandate (the “Writ”) compelling the City Council to take all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process , which order the City contends violates the legislative power and discretion of the City Council to determine the date the Initiative is to be considered by the voters;
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WHEREAS, the City sought appellate relief from the Writ, including a stay of the Writ, and on September 10, 2026, the Court of Appeal denied the City’s request for a stay;
WHEREAS, the Writ therefore remains in effect and directs the City to proceed with an election on the Initiative on November 3, 2026; WHEREAS, the City Council recognizes that the timing and manner in which the Writ directs the City to conduct the November 3, 2026, election creates conflicts with certain deadlines, procedures, and requirements that the City believes would otherwise apply to the calling, administration, and conduct of the election under the California Elections Code and the City Charter;
WHEREAS, notwithstanding those conflicts, the Writ presently remains in effect, and the City Council desires to take all actions presently within the City’s control to comply with the Writ while preserving the City’s objections and legal rights concerning the Writ and any conflict between the Writ and otherwise applicable law; WHEREAS, because of the timing of the Writ, the status of the November 3, 2026, election already being administered by the Orange County Registrar of Voters, and the deadlines and procedures applicable to consolidation, the City cannot presently accomplish submission of the Initiative measure to the voters through consolidation with the County-administered November 3, 2026, election;
WHEREAS, to comply with the Writ and submit the Initiative measure to the voters on November 3, 2026, the City Council therefore desires to call and conduct a separate, standalone special municipal election on November 3, 2026 (the “Special Municipal Election”);
WHEREAS, the Special Municipal Election will be administered under the authority and supervision of the City Clerk, as the City’s elections official, with the assistance of qualified election consultants, vendors, temporary election personnel, and other people authorized by the City Clerk and the City; WHEREAS, the only matters to be submitted to the voters at the Special Municipal Election will be the three imitative measures, which are the subject of the Writ, and the City’s ballot will be separate and distinct from the ballot being administered by the Orange County Registrar of Voters for the November 3, 2026, election; WHEREAS, the City intends to administer the Special Municipal Election separately from the County -administered November 3, 2026, election, including the preparation and issuance of ballots, receipt and processing of returned ballots, signature 55 Resolution No. 2026-81

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verification and curing, ballot tabulation, canvass, and certification of election results, except to the extent the City receives records, information, services, facilities, or other assistance from the County of Orange or another governmental agency; WHEREAS, because of the exceptionally compressed period within which the Writ requires the City to establish and conduct the Special Municipal Election, the City intends to conduct the election using a mail-ballot model under which ballots will be issued to eligible City voters and returned through the methods established by the City Clerk, together with such voter-assistance, accessible-voting, replacement-ballot, ballot-return, and other procedures as the City Clerk determines are necessary and reasonably practicable to conduct the election;
WHEREAS, the City does not presently intend to establish traditional precinct polling places for the Special Municipal Election and recognizes that the proposed election model, including the absence of traditional precinct polling places and the compressed schedule for the issuance of ballots, may conflict with or require modification of procedures that the City believes would otherwise apply under the California Elections Code or City Charter;
WHEREAS, although the City intends to administer the Special Municipal Election separately, the City does not possess or independently maintain all the voter-registration records, voter signature records, military and overseas voter information, continuing voter-registration updates, and other election information necessary to administer the Special Municipal Election;
WHEREAS, certain records, information, systems, and election functions necessary for the accurate and lawful administration of the Special Municipal Election are maintained or controlled by the Orange County Registrar of Voters and cannot be independently created or reliably replicated by the City, its election consultants , or its election vendors;
WHEREAS, the City’s ability to timely and properly administer the Special Municipal Election therefore depends upon receiving necessary voter -registration information and updates, military and overseas voter information, lawful access to voter signature records necessary for signature verification and curing, and such other County- controlled information, records, and coordination as may be necessary to conduct and complete the election;
WHEREAS, the City Council is separately requesting that the County of Orange, including the Orange County Board of Supervisors and Orange County Registrar of Voters, provide specified election records, information, services, and coordination necessary to assist the City in conducting the Special Municipal Election; 56 Resolution No. 2026-81

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WHEREAS, because certain necessary election information and resources are maintained or controlled by the County, the City’s ability to conduct and complete the Special Municipal Election in accordance with the Writ may be materially affected by the timing, availability, and scope of the records, information, access, services, and coordination provided by the County;
WHEREAS, because of the limited time remaining before November 3, 2026, immediate commencement and continuous performance of election activities is necessary, including retention and authorization of election consultants and vendors, preparation of ballot materials , acquisition and processing of voter information, preparation and issuance of ballots to military and overseas voters, preparation and issuance of ballots to other eligible voters, establishment of ballot -return and voter - assistance procedures, staffing and training, testing of election equipment and systems, and preparation for ballot processing, tabulation, canvass, and certification; WHEREAS, the City Council desires that the City Clerk take all administrative and operational actions within the City’s authority that are necessary to conduct the Special Municipal Election in accordance with this Resolution, the Writ, any further orders of the Court, and otherwise applicable law to the extent reasonably practicable and not inconsistent with the Writ or further order of the Court; WHEREAS, the City Council recognizes that compliance with the Writ may present additional conflicts with deadlines, procedures, or other requirements that the City believes would otherwise apply under the California Elections Code, the City Charter, or other applic able law, or may depend upon County -controlled information, access, services, or coordination that is not available to the City within the time required to conduct the Special Municipal Election;
WHEREAS, if an otherwise applicable election requirement cannot reasonably be reconciled with the requirements of the Writ, or if County-controlled records, information, access, services, or coordination necessary to perform an essential election function are not made available in sufficient time, the City Clerk may take that action necessary to comply with the Writ;
WHEREAS, the City Council authorizes the City Attorney to seek further clarification, direction, modification, or other appropriate relief from the Court concerning the City’s obligations under the Writ;
WHEREAS, in adopting this Resolution and proceeding with the Special Municipal Election, the City Council does not find or concede that the timing, manner, or procedures required to implement the Writ comply with every requirement that would otherwise apply under the California Elections Code, the City Charter, or other applicable law; and 57 Resolution No. 2026-81

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WHEREAS, neither the adoption of this Resolution nor any action taken by the City, the City Clerk, or other City officials to implement the Writ shall constitute a waiver of the City’s objections to the Writ or of any claim, defense, appellate right, or other legal position concerning the Writ, the California Elections Code, the City Charter, or other applicable law.

NOW, THEREFORE, the City Council of the City of Newport B each, California, does resolve, declare, determine and order as follows:

Section 2: The City Council does hereby order submitted to the registered voters of the City of Newport Beach at the Special Municipal Election on Tuesday, November 3, 2026, 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?
Ye
s
No
S
ection 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.

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Section 6: The City Clerk is authorized and directed to conduct the Special Municipal Election using a mail -ballot model under which ballots and required voting materials shall be issued to eligible City voters. The City does not presently intend to establish traditional precinct polling places for the Special Municipal Election. The City Clerk is authorized and directed, however, to establish such voter-assistance, accessible- voting, ballot-return, replacement-ballot, or other in- person election services or facilities as the City Clerk determines are necessary or appropriate to provide eligible voters a reasonable opportunity to vote and to comply with applicable law, the Writ, or any further order of the Court.

Section 7: The City Clerk is authorized and directed to establish, approve, and implement all procedures reasonably necessary to conduct the Special Municipal Election, including procedures relating to:
(a) voter eligibility, voter-registration information, and voter-record updates; (b) military and overseas voters;
(c) preparation, proofing, printing, issuance, and distribution of ballots and other required election materials;
(d) ballot replacement and the identification and invalidation or superseding of replaced ballots;
(e) accessible voting and assistance to voters with disabilities; (f) language assistance and translated election materials to the extent required; (g) receipt and return of voted ballots, including ballots returned by mail and any other ballot-return method established by the City Clerk; (h) receipt and handling of ballots or election materials misdirected to the County or other elections official;
(i) signature verification, additional review of signatures, voter notification, and curing of missing or nonmatching signatures;
(j) conditional, provisional, or other voting procedures to the extent required or reasonably necessary;
(k) ballot processing, duplication when necessary, and reconciliation; (l) secure custody, storage, transport, transfer, and chain of custody of ballots and election materials;
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(m) certified voting systems, ballot -processing equipment, software, logic and accuracy testing, tabulation, audit, and technical support; (n) election observation and public access to election processes to the extent required by applicable law;
(o) voter education and communications concerning the separate City ballot, methods for obtaining and returning ballots, applicable deadlines, and available voter assistance;
(p) canvass of election returns; and
(q) certification and presentation of the election results to the City Council.

Section 9: The City Clerk and City Manager are authorized t o enter into contracts, retain, authorize, direct, and coordinate qualified election consultants, election vendors, temporary election personnel, and other persons reasonably necessary to conduct the Special Municipal Election. The restrictions set forth in Council Policy F -14, or which otherwise restrict the ability of the City Clerk or City Manager to enter into contracts, including, but not limited to, the monetary and other restrictions on the City Clerk’s and City Manager’s authority to contract shall not apply . The City Clerk may delegate ministerial and operational election functions to qualified consultants, vendors, and election personnel while retaining such supervision and authority as are required of the City’s elections official.

Section 12: The City Clerk, City Manager, and City Attorney are authorized and directed to take all appropriate actions within their respective authority to obtain from the 60 Resolution No. 2026-81

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County of Orange and the Orange County Registrar of Voters the records, information, access, services, and coordination reasonably necessary to conduct the Special Municipal Election. The City’s specific requests for County election services, records, information, access, and coordination are addressed by a separate Resolution of the City Council. If the City Clerk determines that a County-controlled record, information source, system, access method, service, or other resource necessary to perform an essential election function will not be available in sufficient time, the City Clerk shall promptly advise the City Manager and City Attorney. The City Clerk may designate and train qualified election personnel to perform those functions and may utilize lawful access to voter - registration signatures and other qualifying signed election records made available by the County or other authorized source.

Section 13: The City Clerk is authorized to obtain and utilize certified voting systems, ballot -processing equipment, software, services, and technical support necessary to conduct the Special Municipal Election and shall establish appropriate testing, security, recon ciliation, audit, and chain- of-custody procedures for the use of those systems.

Section 15: The City Clerk, City Manager ad City Attorney are authorized to take such additional administrative and operational actions and execute such documents within their respective authority as are reasonably necessary to implement this Resolution, meet election deadlines, procure necessary election goods and services, administer the Special Municipal Election, and comply with the Writ. This authority includes the ability to modify administrative election procedures, schedules, locations, methods of ballot return, voter -assistance arrangements, staffing, and other operational matters when reasonably necessary because of changed circumstances, vendor requirements, County coordination, or further direction from the Court, provided that any such action remains within the authority delegated by the City Council.

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time provided by the Writ or otherwise presents a material legal or operational impediment to conducting the Special Municipal Election, the matter shall be promptly referred to the City Attorney.

Section 17: The City Attorney is authorized to seek such clarification, direction, modification, or other appropriate relief from the Superior Court or any appellate court as may be necessary concerning conflicts between the Writ and otherwise applicable election requirements, the proposed method of conducting the Special Municipal Election, unavailable County -controlled information or resources, election deadlines, or other circumstances materially affecting the City’s ability to conduct the Special Municipal Election.

Section 18: The City’s adoption of this Resolution and all actions taken pursuant to it are undertaken in an effort to comply with the Writ. Nothing in this Resolution, and no action taken by the City, City Council, City Clerk, City Manager, City Attorney, consultant, vendor, or other City representative to implement the Writ, shall be construed as a concession or determination by the City that the Writ or the election procedures necessary to implement the Writ comply with every requirement that the City believes would otherwise apply under the California Elections Code, City Charter, or other applicable law.

The City expressly preserves all objections, claims, defenses, appellate rights, and other legal positions concerning the Writ and any conflict between the Writ and otherwise applicable law.

Furthermore, to avoid an argument that the City Council’s action to call the election or adopt this Resolution is “voluntary compliance” with the Writ, the City Council finds that it is being compelled to take the action calling the election for the I nitiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the Initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the Initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the W rit concerning the election at which the I nitiative is to be considered and places the Initiative on the November 3, 2026, ballot. The City Council’s action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court’s ruling.

Neither the City or City Council waives any claim, defense, objection, argument, appellate right, or request for relief arising from or relating to the City Council’s compelled compliance with the writ including, any appellate proceeding in Orange County S uperior Court Case No. 30- 2026-01559183 or Case No. 30- 2026-01580961 ( City of Newport Beach et al. v. Robert Page, in his Official Capacity as Registrar of Voters, et al. ).

Furthermore, the City Council finds and declares that the adoption of this R esolution is being compelled by the Writ and that the City Council does not waive or release any and 62 Resolution No. 2026-81

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all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly, the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent’s complied with the publication and posting requirements for this Initiative. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

Section 20: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 22: If the voters approve the Initiative to amend the City Charter , the Initiative shall be adopted in accordance with Elections Code Section 9269 or as otherwise required by law.

Section 23: The City Clerk shall deliver certified copies of this R esolution, including the full text of the measure attached hereto as Attachment A, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrar of Voters.

Section 24: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 26: 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 63 Resolution No. 2026-81

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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.

Section 27: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 70, 71, and 72. 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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
Attachment: Exhibit A - Public Meetings/Records Initiative 64 Exhibit A
Public Meetings/ Records Initiative
65 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Newport Beach do hereby ordain as follows:

Section 1. Title
This initiative measure shall be known as the "Sunshine and Governmental Transparency Initiative".

Section 2. Purpose and Findings.

A. Purpose. This hritiative seeks to provide more transparency and accountability to City of Newport Beach ("City") leadership and governance by amending and adding various provisions to the Charter of the City of Newport Beach ("City Charter").

B. Findings. The People of the City of Newport Beach find:
public.
(1) Government's duty is to serve the public, reaching its decisions in full view of the (2) Elected officials, departments, commissions boards, councils and other bodies of the City exist to conduct the People's business. The People do not cede to these entities the right to decide what the People should know about the operations of their local government. (3) Although California has a long tradition of laws designed to protect the public's access to the workings of government, every generation of governmental leaders includes officials who feel comfortable conducting the People's business away from 1.he scrutiny of those who elect and employ them. Technology offers public officials additional ways to hide the making of public policy from the public. As government evolves, so too must the laws designed to ensure that process remains visible.
( 4) The right of the People to know what their government and those acting on behalf of their government are doing is fundamental to democracy, and with very few exceptions, that right supersedes any other policy interest that would prevent public access to information. Only in very rare and unusual circumstances does the public benefit from allowing the business of government to be conducted in secret, and those circumstances should be carefully and narrowly defined to prevent public officials from abusing their authority. (5) Private entities, individuals, employees and officials of the City have rights to privacy that must be respected. However, when a person or entity is before a policy body, that person, and the public, has the right to an open and public process. 1 66
(6) Public officialswho attemptto conduct the public'sbusinessin secretshould be held accountablefor theiractions.Only a strongopen government and Sunshine Ordinance, enforcedby a strongSunshine Task Force,can protectthepublic'sinterestinopen government. (7) The Peopleof Newport Beach enacttheseamendments to assurethatthe People of theCityremain incontrolof thegovernment they have created.

Section 3. Amendments and Additions to the Newport Beach CityCharter.

Sections409.1 through 409.17, Sections409.50 through 409.63, and Sections409.70 through Section409.76 collectivelyarethe"Sunshine Ordinance".

The votershereby adopt Section409.1 ("Definitions")of the City Charter "Definitions":Whenever any provisionof the Sunshine Ordinanceusesthe following words or phrases,thosewords or phrases shallhave thefollowingmeanings:
(1) "City"shallmean theCity of Newport Beach.
(2) "Department" shallmean any departmentor divisionoftheCityofNewport Beach.
(3) "Meeting" shallmean any of thefollowing:
(i) A congregationof a majorityof the members of a Policy Body at thesame time and place;and
(ii) A seriesof gatherings,each of which involveslessthan a majority of a PolicyBody, tohear,discussor deliberateupon any item thatiswithin the subjectmatterjurisdictionof the City,ifthe cumulative resultisthata majorityofmembers has become involvedinsuch gatherings;or any other use of personalintermediariesor communications media thatcould permit a majorityof themembers of a PolicyBody tobecome aware of an item of business and of the views or positionsof other members with respect thereto,and tonegotiateconsensusthereupon.
(4) "Meeting" shallnot includeany ofthe following:
(i) Individualcontactsor conversationsbetween a member of a Policy Body and anotherperson thatdo not convey to the member the views or positionsof other members upon the subjectmatter of the contact or conversation and in which the member does not solicit or encourage the restatement of the views of the other members.
(ii) The attendanceof a majorityof the members of a Policy Body ata regional,statewide or national conference, or at a meeting organized to addressa topicoflocalcommunity concernand open tothepublic,provided 67 that a majority of the members refrainsfrom using the occasion to collectivelydiscussthe topicof the gatheringor any otherbusinesswithin thesubjectmatterjurisdictionoftheCity.
(iii) The attendanceof a majorityof themembers of a PolicyBody ata purelysocial,recreationalor ceremonialoccasionotherthanone sponsored or organizedby or forthePolicyBody itself,provided thata majorityof the members refrainsfrom using the occasion to discussany business within the subjectmatterjurisdictionof thisbody. A meal gatheringof a Policy Body before,duringor aftera businessmeeting of thebody ispartof that meeting and shallbe conducted only under circumstancesthatpermitpublic access to hear and observe the discussion of members. Such meetings shall not be conducted in restaurants or other accommodations where public accessispossibleonly inconsiderationofmaking a purchaseor some other payment of value.
(iv) The attendanceof a majorityof themembers of a PolicyBody atan open and noticedmeeting of a standingcommittee of thatbody, provided thatthemembers of the PolicyBody who arenot members of thestanding committee attendonly as observers.
(5) "PassiveMeeting Body" shallmean:
(i) Advisoiy committees createdby the initiativeof a member of a PolicyBody, the Mayor, or a Department head;
(ii) Any group thatmeets to discusswith or advise the Mayor, City Council,or any Department head on fiscal,economic, or policyissues;and (iii) Social,recreationalor ceremonial occasionssponsored or organized by or fora PolicyBody to which a majorityof the body has been invited. (iv) "Passive Meeting Body" shallnot includea committee thatconsists solelyof employees of the Cityof Newport Beach createdby the initiative of a member of a PolicyBody, theMayor, or a Department head. (6) "PolicyBody" shallmean:
(i) The City Council;
(ii) Any Department,board or commission enumerated in the Charter; (iii) Any Department, board, commission, committee, or other body createdby ordinanceor resolutionof theCity Council;
(iv) Any advisoryboard,commission, committee or body, createdby the initiativeof a PolicyBody;
68 (v) Any standingcommittee of a Policy Body irrespectiveof its composition;
(vi) "PolicyBody" shallnot includea committee which consistssolely of employees of the CityofNewport Beach,unlesssuch committee was establishedby CityCharteror by ordinanceor resolution.of the City Council; and
(vii) Any advisoryboard,_commission,committee,or councilcreatedby - a federal,State,or localgrant whose members are appointedby City officials,employees or agents.
(7) "PublicInformation"shallmean the contentof "publicrecords"as defined in the CaliforniaPublic Records Act (Government Code Section 7920.530), whetherprovidedin documentary form or in an oralcommunication. (8) "Supervisorof Records"shallmean theCityAttorney.

The votersherebyadopt Section409.2 ("PassiveMeetings")of theCityCharter:
a. All gatheringsof PassiveMeeting Bodies shallbe accessibletomembers of thepublic upon inquiryand totheextentpossibleconsistentwiththefacilitiesinwhichtheyoccur. (1) Such gatheringsneednotbe formallynoticed,excepton theCity'swebsite whenever possible,althoughthetime,place and natureof the gatheringshallbe disclosedupon inquiryby a member ofthepublic,and any agenda actuallyprepared forthegatheringshallbe accessibletosuch inquirersas a publicrecord. (2) Such gatheringsneed not be conducted in any particularspace for the accommodation ofmembers ofthepublic,althoughmembers ofthepublicshallbe permittedto observeon a spaceavailablebasisconsistentwith legaland practical restrictionson occupancy.
(3) Such gatheringsof a businessnatureneed not provideopportunitiesfor comment by members of thepublic,althoughthe personpresidingmay, in his or her discretion,entertainsuch questionsor comments from spectatorsas may be - relevantto the businessof thegathering.
b. To the extent not inconsistent with State or federal law,a PolicyBody shallincludein any contractwith an entitythatowns, operatesor manages any propertyinwhich the Cityhas or willhave an ownership interest,includinga mortgage,and on which the entityperformsa government functionrelatedto the furtheranceof health,safetyor welfare,a requirementthatany meetingofthegoverningboardoftheentitytoaddress anymatterrelatingtothepropertyoritsgovernmentrelatedactivitieson theproperty, or performanceunder thecontractor grant,be conductedas providedin Subdivision (a)of thisSection.Records made availableto the governingboard relatingto such mattersshallbe likewiseavailabletothepublic.
4 69
The votershereby adopt Section409.3 ("Applicationof Brown Act")of theCityCharter:

Allmeetingsof any PolicyBody shallbe open and public,and governed by the provisions oftheRalph M. Brown Act (Government Code Sections54950 et.seq.)and of the Sunshine Ordinance.Inthecaseof inconsistentrequirementsunder theBrown Act and the Sunshine Ordinance,therequirementwhich would resultingreateror more expeditedpublicaccess shallapply.

The votershereby adopt Section409.4 ("Conduct of Business;Time and PlaceforMeetings")of theCityCharter:
a. Each PolicyBody, except foradvisorybodies,shallestablishby resolutionor motion thetime and placeforholdingregularmeetings.
b. Allmeetingsof a Policybody shallbe heldwithintheCityofNewport Beach unlessa differentlocationisrequiredby stateor federallaw or isnecessaryto inspectreal propertyorpersonalpropertywhich cannotbe convenientlybroughtwithintheterritory of the City of Newport Beach, to meet with residentsresidingon propertyowned by theCity,ortomeet withresidentsof anotherjurisdictiontodiscussactionsof thePolicy Body thataffectthoseresidents.
c. Ifa regularmeeting would otherwisefallon a holiday,itshallinsteadbe held on the previousor next businessday,unlessotherwiserescheduledin advance. d. If,because of fire,flood,earthquakeor otheremergency, itwould he unsafe to meet at the regularmeeting place,meetings may be held forthedurationof the emergency at some otherplace specifiedby the Policy Body. The change of meeting siteshallbe announced,by themost rapidmeans ofcommunication availableatthetime,ina notice tothelocalmedia who have requestedwrittennoticeof specialmeetingspursuantto Government Code Section54956.Reasonable attemptsshallbe made to contactothers regardingthe change inmeeting location.
e. Meetings of PassiveMeeting Bodies shallbe precededby noticedeliveredpersonally or by mail,email, or facsimileas reasonablyrequestedat least72 hours before the time of such meeting to each person who has requested,in writing,noticeof such meeting. If the advisory body electsto hold regularmeetings,itshallprovide by bylaws, or whatever otherruleisutilizedby thatadvisorybody forthe conduct of its business,forthe time and placeforholding such regularmeetings. In such case,no noticeof regularmeetings,otherthan the postingof an agenda pursuantto Section 409.5ofthisSectionintheplaceused by thePolicyBody which itadvises,isrequired. f. Specialmeetingsofany PolicyBody, includingadvisorybodiesthatchoose toestablish regularmeeting times,may be calledatany time by thepresidingofficerthereofor by a majorityof the members thereof,by deliveringpersonallyor by mail writtennotice to each member of such PolicyBody and the localmedia who have requestedwritten noticeof specialmeetings inwriting.Such noticeofa specialmeeting shallbe delivered as described in subsection (e) at least72 hours before the time of such meeting as 70 specifiedinthenotice.The noticeshallspecifythetimeand placeofthespecialmeeting and the business to be transacted. No other business shall be considered at such meetings.Such writtennoticemay be dispensedwith astoany member who ator prior to thetime the meeting convenes fileswith the presidingofficeror secretaryof the body or commission a writtenwaiver of notice.Such writtennoticemay be dispensed withas toany member who isactuallypresentatthemeeting atthetime itconvenes.

Each specialmeeting shallbe held at the regularmeeting place of the PolicyBody except thatthe Policy Body may designatean alternatemeeting place provided that such alternatelocationisspecifiedinthenoticeofthespecialmeeting;furtherprovided thatthenoticeof thespecialmeeting shallbe givenatleast15 days priorto saidspecial meeting being held at an alternatelocation.This provisionshallnot apply where the alternativemeeting locationislocatedwithinthe same buildingastheregularmeeting place.
g. Ifa meetingmust be canceled,continuedorrescheduledforany reason,noticeof such change shallbe provided to the publicas soon as isreasonablypossible,including postingof a cancellationnoticeinthe same manner as describedin Section409.4 and mailed noticeifsufficienttime permits.

The votershereby adopt Section409.5 ("Agenda Requirements") of the City Charter:
a. At least72 hours before a regularmeeting, a Policy Body shallpost an agenda containinga meaningful descriptionof each item of businessto be transactedor discussedatthe meeting.Agendas shallspecifyforeach itemof businesstheproposed actionor a statementthe item isfordiscussiononly.In addition,a Policy Body shall posta currentagenda on itsInternetsiteatleast72 hours beforea regularmeeting. b. A descriptionismeaningful ifitissufficientlyclearand specificto alerta person of average intelligenceand educationwhose interestsare affectedby the item thathe or she may have reason to attendthe meeting or seek more informationon the item.The descriptionshouldbe brief,conciseand writteninplain,easilyunderstoodEnglish.It shallreferto any explanatorydocuments thathave been providedto thePolicyBody in connectionwith an agenda item,such as correspondenceor reports,and copiesor linksto such documents shallbe included in the agenda or,ifsuch documents are of more than one hundred pages in length,made availablefor public inspectionand copying ata locationindicatedon theagenda duringnormal businesshours. c. The agenda shallspecifythe time and locationof the regularmeeting and shallbe postedina locationthatisfreelyaccessibletomembers of thepublic. d. No actionor discussionshallbe undertaken on any item not appearingon theposted agenda, except thatmembers of a Policy Body may respond to statementsmade or questionsposed by persons exercisingtheirpublictestimony rights,to the extentof askinga questionforclarification,providinga referenceto staffor otherresourcesfor factualinformation,or requestingstaffto reportback to the body at a subsequent meeting concerningthe matterraisedby such testimony.
71 e. NotwithstandingSubdivision(d),thePolicyBody may takeactionon itemsof business not appearingon theposted agenda under any of the followingconditions:
(1) Upon a determinationby a majorityvote of the body thatan accident, naturaldisasteror work forcedisruptionposes a threatto publichealthand safety. (2) Upon a good faith,reasonabledeterminationby a two-thirdsvote of the body, or,iflessthan two-thirdsof the members are present,a unanimous vote of thosemembers present,that(A) the need totakeimmediate actionon theitem isso imperativeas tothreatenseriousinjurytothepublicinterestifactionwere deferred to a subsequentspecialor regularmeeting,or relatesto a purelycommendatory action,and (B) thatthe need for such actioncame to the attentionof the body subsequentto theagenda being postedas specifiedinSubdivision(a). (3) The item was on an agenda posted pursuantto Subdivision(a)fora prior meetingof thebody occurringnotmore than fivecalendardays priorto the date actionistaken on the item,and atthe priormeeting the item was continuedto the meeting atwhich actionisbeingtaken.
f. Each board and commission enumerated inthe City Chartershallensure thatagendas forregularand specialmeetings are made availableto speech and hearingimpaired personsthroughtelecommunicationsdevicesforthe deaf,telecommunicationsrelay servicesor equivalentsystems,and,upon request,to sightimpairedpersonsthrough Brailleor enlargedtype.
g. Each PolicyBody shallensurethatnoticesand agendas forregularand specialmeetings shallincludethefollowingnotice:

KNOW YOUR RIGHTS UNDER THE SUNSHINE
ORDINANCE (Sections409.1 through 409.76 of theCharterof theCity of Newport Beach)
Government's duty isto servethepublic,reachingitsdecisionsin fullview of thepublic.

Commissions, boards,councilsand otheragenciesof the City of Newport Beach existtoconductthepeople'sbusiness.The
Sunshine Ordinance assures that deliberations are conducted beforethepeopleand thatCityoperationsareopen tothepeople's review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE

SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF
THE ORDINANCE. CONTACT THE SUNSHINE TASK FORCE.
h. Each agenda of a PolicyBody coveredby thisSunshineOrdinanceshallincludethe address,areacode and phone number, e-mailaddress,and a contactperson'sname for 7 72
the Sunshine Task Force (asdefinedbelow). Informationon how toobtaina freecopy of the Sunshine Ordinance shall be included on each agenda.

The votershereby adopt Section409.6 ("PublicNotice Requirements")of the City Charter:
a. Any publicnoticethatismailed,posted or publishedby a Policy Body to residents residingwithin a specificarea to inform those residentsof a matterthatmay impact theirpropertyor thatneighborhood area,shallbe brief,conciseand writtenin plain, easilyunderstoodEnglish.Any such publicnoticemust be provided atleastseven days priortothepublicmeetingon thematter.
b. The noticeshouldinformthe residentsof theproposalor planned activity,the length of time planned fortheactivity,the effectof the proposalor activity,and a telephone contactforresidentswho have questions.
c. Ifthenoticeinformsthe publicof a publicmeeting or hearing,then the noticeshall statethatpersonswho areunable to attendthe publicmeeting or hearing may submit totheCity,by thetime theproceedingbegins,writtencomments regardingthesubject of themeeting or hearing,thatthesecomments willbe made a partoftheofficialpublic record,and thatthecomments willbe brought to theattentionof theperson or persons conductingthe publicmeeting or hearing.The noticeshould also statethe name and addressofthepersonorpersonstowhom thosewrittencomments shouldbe submitted.

The votershereby adopt Section409.7 ("Agenda Disclosures:Closed Sessions")of the City Charter:
a. In additionto thebriefgeneraldescriptionof itemstobe discussedor actedupon in open and publicsession,the agenda posted pursuantto Government Code Section 54954.2,any mailed noticegivenpursuantto Government Code Section54954.1,and any calland noticedeliveredto the localmedia and posted pursuantto Government Code Section 54956 shallspecifyand disclosethe nature of any closed sessionsby providingallof thefollowinginformation:
(1) With respectto every item of businessto be discussedin closed session pursuantto Government Code Section54956.7:

LICENSE/PERMIT DETERMINATION:
applicant(s)
The spaceshallbe usedtospecifythenumber ofpersonswhose applications are to be reviewed.
(2) With respectto every item of businessto be discussedin closed session pursuantto Government Code Section54956.8:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
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Property:

Person(s)negotiating:

Under negotiation:

Price: Terns ofpayment: Both:

The space under "Property" shallbe used to listan address, includingcrossstreetswhereapplicable,orotherdescriptionorname which permitsa reasonablyreadyidentificationofeachparcelor stricturesubject tonegotiation.The spacefollowing"Person(s)negotiating"shallbe used to identifythepersonorpersonswithwhom negotiationsconcerningthat propertyareinprogress.The spacefollowing"Under negotiation"shallbe checkedoffas applicabletoindicatewhich issuesareto be discussed. (3) With respectto everyitem of businessto be discussedin closed session pursuantto Government Code Section54956.9,either:

CONFERENCE WITH LEGAL COUNSEL
Existinglitigation:

Unspecifiedtoprotectserviceofprocess
Unspecifiedtoprotectsettlementpostureor:

Anticipatedlitigation: As defendant As plaintiff
The space under "Existinglitigation"shallbe used to specifically identifya caseunder discussionpursuanttosubdivision(a)of Government Code Section54956.9,includingthe casename, court,and case number, unlessthe identification.would jeopardizethe City'sabilityto effectuate serviceofprocessupon one ormore unservedparties,inwhich instancethe space in the next succeedingline shallbe checked, or unless the identificationwould jeopardizethe City'sabilityto conclude existing settlementnegotiationsto itsadvantage,in which instancethespaceinthe next succeedinglineshallbe checked. If the closed sessionis called pursuanttoSection54956.9andapplicablelitigationhasnotyetbeen filed, the appropriatespace shallbe checked under "Anticipatedlitigation"to indicatetheCity'santicipatedpositionasdefendantorplaintiffrespectively.

Ifmore thanone instanceofanticipatedlitigationisto be reviewed,space may be saved by enteringthe number of separateinstancesin the "As defendant"or "As plaintiff"spacesor both asappropriate. 9 74
(4) With respectto every item of businessto be discussedin closed session pursuantto Government Code Section54957, either:

THREAT TO PUBLIC SERVICES OR FACILITIES
Name, titleand agencyof law enforcementofficer(s)to be conferredwith:
or:

PUBLIC EMPLOYEE APPOINTMENT/HIRING ...

Title/descriptionofposition(s)tobe filled:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Positionand, in the case of a routineevaluation,name of employee(s)beingevaluated:
or:

PUBLIC EMPLOYEE DISMISSAL
Number of employees affected:
or:.
(5) Withrespectto everyitemofbusinesstobe discussedin closed session pursuantto Government Code Section54957.6,either:

CONFERENCE WITH NEGOTIATOR ON COLLECTIVE

BARGAINING
Name and titleof City'snegotiator:

Organization(s)representing:

Policeofficers,firefightersand airportpolice
Transit Workers
Nurses
MiscellaneousEmployees
Anticipatedissue(s)undernegotiation:

Wages
Hours
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Benefits
Working Conditions
Other (specifyifknown)
Al!
Ifrenegotiatinga memorandum ofunderstandingornegotiatinga successor memorandum of understanding, the name of the memorandum of understanding:
(6) In caseof multipleitemsof businessunder thesame category,linesmay be added and thelocationof informationmaybe reformattedtoeliminateunnecessary duplicationand space,so long as the relationshipof informationconcerningthe same item isreasonablyclearto the reader.As an alternativeto the inclusionof lengthylistsof names or otherinformationintheagenda,or as a means of adding itemsto an earliercompletedagenda,the agenda may incorporateby reference separatelyprepared documents containingthe requiredinformation,so long as copiesofthosedocuments arepostedadjacenttotheagenda withinthetime periods requiredby Government Code Sections54954.? and 54956 and providedwith any mailed or deliverednoticesrequiredby Sections54954.1 or 54956 as applicable.

The votershereby adopt Section409.8 ("AdditionalRequirements for Closed Sessions")of the City Charter:

All closedsessionsof any PolicyBody covered by thisSunshine Ordinance shallbe either audio recorded or audio and video recorded in theirentiretyand all such recordingsshallbe retainedpermanently unless the Policy Body determines,at a noticedpublicmeeting,thatpermanent retentionof such recordsisinfeasible.Closed sessionrecordingsshallbe made availableimmediately afterallrationalesforclosing the sessionare no longerapplicable.For closed sessionsof a PolicyBody where the justificationfortheclosedsessionisdue to"anticipatedlitigation",recordingsshallbe releasedtothepublicinaccordancewith thefollowingprovisions:(i)ifno litigationis filed,either(a)as soon as the controversyleadingtotheanticipatedlitigationissettled or concluded,or (b)two years afterthe meeting or upon expirationof the statuteof limitationsforthe anticipatedlitigation,whichever occurslater;and (ii)iflitigationis filed,as soon as the litigationissettledor a judgment becomes final. b. Each agenda itemcoveredby thisSunshineOrdinance thatinvolvesexistinglitigation shallidentifythecourt,casenumber, and datethecasewas filedon thewrittenagenda.

For each agenda item covered by thisSunshine Ordinance thatinvolvesanticipated litigation,the City Attorney'sOfficeor the Policy Body shall,upon requestfrom any member of the public,disclosewhether such anticipatedlitigationdeveloped into litigationand shallidentifythe court,case nunhter,and datethe casewas filed.

The votershereby adopt Section409.9 ("Agendas and RelatedMaterials")of theCity Charter:
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a. Agendas of meetings and any otherdocuments on filewiththeclerkofthePolicyBody, when intendedfordistributionto all,or a majorityof all,of the members of a Policy Body inconnectionwith a matteranticipatedfordiscussionorconsiderationata public meeting,shallbe made availabletothepublicon thePolicyBody's website.However, thisdisclosureneed notincludeany materialexempt from publicdisclosureunderthis Sunshine Ordinance or the California Public Records Act (Government Code sections 7920.000,etseg.).
b. Records which aresubjectto disclosureunder Subdivision(a)and which are intended fordistributionto a PolicyBody priorto commencement of a publicmeeting shallbe made availableforpublicinspectionand copyingupon requestpriorto commencement of such meeting,whether or not actuallydistributedto or receivedby the body at the time of therequest.
c. Records which aresubjecttodisclosureunder Subdivision(a)and which aredistributed duringa publicmeeting but priorto commencement of theirdiscussionshallbe made availableforpublicinspectionpriortocommencement of,and during,theirdiscussion. d. Records which aresubjecttodisclosureunder Subdivision(a)and which aredistributed duringtheirdiscussionata publicmeeting shallbe made availableforpublicinspection immediatelyor as soon thereafteras ispracticable.

The votersherebyadoptSection409.10 ("ClosedSessions;PermittedTopics")oftheCityCharter:

A PolicyBody may, butisnot requiredto,hold closedsessions:
a. With the AttorneyGeneral,DistrictAttorney,or Chiefof Police,or theirrespective deputies,on mattersposinga threattothesecurityofpublicbuildingsor a threattothe public'srightofaccesstopublicservicesorpublicfacilities. b. To considertheappointment,employment, evaluationof performance,or dismissalof a Cityemployee, ifthePolicyBody has theauthorityto appoint,employ, or dismissthe employee, or to hear complaints or charges brought againstthe employee by another personor employee unlesstheemployee complained of requestsa publichearing.The body may exclude from any such publicmeeting, and shallexclude from any such closedmeeting,duringthe comments of a complainant,any or allothercomplainants inthematter.The term "employee" as used inthissectionshallnot includeany elected official,member of a PolicyBody or applicantforsuch a position,or personproviding servicestotheCityasan independentcontractorortheemployee thereof,includingbut not limitedto independentattorneysor law firmsprovidinglegalservicesto theCity fora feeratherthan a salary.
c. Based on adviceof itslegalcounsel,and on a motion and vote in open sessionto assert the attorney-clientprivilege,to confer with,or receiveadvice from, itslegalcounsel regardingpending litigationwhen discussioninopen sessionconcerningthosematters would likelyand unavoidably prejudicethe positionof the City in thatlitigation.

Litigationshallbe consideredpending when any of thefollowingcircumstancesexist:
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(1) An adjudicatoryproceedingbeforea court,administrativebody exercising itsadjudicato7yauthority,hearingofficer,or arbitrator,towhich the Cityisa party, has been initiatedformally;or,
(2) A pointhas been reachedwhere,intheopinionof thePolicyBody on the adviceof itslegalcounsel,based on existingfactsand circumstances,there is a significantexposureto litigationagainstthe City,or the body ismeeting only to decidewhether a closedsessionisauthorizedpursuantto thatadvice or,based on those factsand circumstances,the body has decided to initiateor is deciding whethertoinitiatelitigation.
(3) A closed session may not be held under thisSection to consider the qualificationsor engagement of an independentcontractattorneyor law firm,for litigationservicesor otherwise.
d. With the City's designatedrepresentativesregarding matters within the scope of collectivebargainingor meeting and conferringwith publicemployee organizations when a PolicyBody has authorityover such matters.
(1) Such closed sessionsshallbe for the purpose of reviewing the City's positionand instructingitsdesignatedrepresentativesand may take placesolely priorto and during activeconsultationsand discussionsbetween the City's designatedrepresentativesand therepresentativesofemployee organizationsorthe unrepresentedemployees. A PolicyBody shallnot discusscompensation or other contractual matters in closed session with one or more employees directlyinterested in theoutcome of the negotiations.
(2) In additiontothe closedsessionsauthorizedby subsection409.10,a Policy Body subjectto Government Code Section3501 may hold closedsessionswith its designated representativeson mandatory subjects within the scope of representationof itsrepresentedemployees, as determinedpursuantto Government Code Section 3504.

The votersherebyadoptSection409.11 ("StatementofReasons forClosed Sessions")oftheCity Charter:
a. Priorto any closedsession,a PolicyBody shallstatethegeneralreasonor reasonsfor the closedsession,and shallcitethe statutoryauthority,includingthe specificsection and subdivision,or otherlegalauthorityunder which the sessionisbeing held.In the closed session,the Policy Body may consider only those matters covered in its statement.In the case of regularand specialmeetings,the statementshallbe made in theform of theagenda disclosuresand specificationsrequiredby Section409.7.In the case of adjourned and continued meetings,the statementshallbe made with the same disclosuresand specificationsrequiredby Section409.7,as partofthenoticeprovided forthemeeting.
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b. Inthecaseofan itemadded totheagenda as a matterofurgentnecessity,thestatement shallbe made priortothe determinationof urgency and with the same disclosuresand specificationsas iftheitemhad been includedintheagenda pursuantto Section409.7 of thisSection.Nothing in thisSectionshallrequireor authorizea disclosureof informationprohibitedby stateorfederallaw.

The votersherebyadoptSection409.12("Disclosureof ClosedSessionDiscussionsand Actions") oftheCityCharter:
a. Aftereveryclosedsession,a PolicyBody mustdisclosetothepublicany portionofits discussion that is not confidential under federal or Statelaw,the Charter,or non- waivableprivilege.The PolicyBody shall,by motion andvoteinopen session,elect either to disclose no information or to disclose the informationthata majoritydeems tobe inthepublicinterest.The disclosureshallbe made throughthepresidingofficer of the body or such otherperson,presentin the closedsession,whom he or she designatestoconvey theinformation.
b. A PolicyBody shallpubliclyreportany actiontakeninclosedsessionand thevote or abstentionofeverymember presentthereon,asfollows:
(1) RealPropertyNegotiations:Approval giventoa PolicyBody's negotiator concerningrealestatenegotiationspursuanttoGovernmentCode Section54956.8 shallbe reportedassoonastheagreementisfmal.Ifitsown approvalrendersthe agreementfinal,thePolicyBody shallreportthatapproval,the substanceof the agreementand thevotethereoninopen sessionimmediately.Iffinalapprpvalrests with anotherpartyto thenegotiations,the PolicyBody shall,atitsnextmeeting and immediatelyupon inquiryby any person,disclosethefactofthatapproval,the substanceoftheagreementand thePolicyBody's voteorvotesthereonas soon as theotherpartyoritsagenthasinformedthebody ofitsapproval.Ifnotwithstanding thefinalapprovalthereareconditionsprecedenttothefinalconsummation of the transaction,or therearemultiplecontiguousor closelylocatedpropertiesthatare being consideredforacquisition,the document referredtoneed notbe disclosed untiltheconditionhasbeen satisfiedortheagreementhasbeen reachedwithrespect toalltheproperties,orboth.
(2) Litigation:Directionor approvalgiventothePolicyBody's legalcounsel toprosecute,defendorseekorrefrainfrom seekingappellaterevieworrelief,orto otherwiseenteras a party,intervenoror amicus curiaein any form of litigationas theresultof a consultationpursuantto Government Code Section54956.9shallbe reportedin open sessionas soon as given,or atthefirstmeetingafteran adverse partyhasbeen servedinthematterifimmediatedisclosureoftheCity'sintentions wouldbe contrarytothepublicinterest.The reportshallidentifytheadverseparty orparties,any co-partieswiththeCity,any existingclaimorordertobetdefended againstoranyfactualcircumstancesorcontractualdisputegivingrisetotheCity's complaint,petitionorotherlitigationinitiative.
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(3) Settlement:A Policy Body shallneithersolicitnor agree to any term in a settlementwhich would precludethereleaseof thetextof the settlementitselfand any relateddocumentation communicated to or receivedfrom theadversepartyor parties.Any writtensettlementagreement and any documents attached to or referencedinthesettlementagreement shallbe made publiclyavailableatleast10 calendardaysbeforethemeetingofthePolicyBody atwhich the settlementisto be approved to theextentthatthe settlementwould commit the City(includingany Department) to adopting,modifying,or discontinuingan existingpolicy,practice orprogram orotherwiseactingotherthantopay an amount ofmoney lessthanfifty thousanddollars($50,000).The agenda for any meeting in which a settlement subjectto thisSectionisdiscussedshallidentifythenames of theparties;the case number, the court,and the material terns of the settlement.Where the disclosure of documents in a litigationmatter thathas been or may be settledcould be detrimentalto the City'sinterestin pending litigationarisingfrom the same facts or incidentand involvinga partynot a partyto orotherwiseaware of thesettlement, thedocuments requiredto be disclosedby Subdivision(b)of thisSectionneed not be disclosed until the other case is settled or otherwise finallyconcluded. (4) Employee Actions:Action taken to appoint,employ, dismiss,transferor accept the resignationof a public employee in closed session pursuant to Government Code Section54957 shallbe reportedimmediately in a manner that names the employee, the actiontaken and positionaffectedand, in the case of dismissalfora violationof law orof thepolicyoftheCity,thereasonfordismissal. "Dismissal" within the meaning of this Sunshine Ordinance includes any terminationofemployment atthewilloftheemployer ratherthanoftheemployee, however characterized.The proposed terms of any separationagreement shallbe immediatelydisclosedas soon as presentedto thebody,and itsfinalterms shallbe immediatelydisclosedupon approvalby thebody.
(5) CollectiveBargaining:Any collectivelybargainedagreement shallbe made publiclyavailableatleast15 calendardays beforethemeeting of thePolicyBody to which the agreement isto be reported.
c. Reports requiredto be made immediately may be made orallyor in writing,but shall be supportedby copiesof any contracts,settlementagreements,or other documents relatedto thetransactionthatwere finallyapproved or adopted in the closedsession and that embody the informationrequiredto be disclosedimmediately shallbe providedto any personwho has made a writtenrequestregardingthatitem following the posting of the agenda, or who has made a standing request for all such documentationaspartofa requestfornoticeofmeetingspursuanttoGovernment Code Sections 54954.1 or 54956.
d. A writtensummary of theinformationrequiredto be immediatelyreportedpursuantto thisSection,ordocuments embodying thatinformation,shallbe postedby thecloseof businesson thenextbusinessday followingthemeeting,intheplacewhere themeeting agendas of the body areposted.
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81 The votersherebyadopt Section409.13 ("BarrierstoAttendanceProhibited")of theCityCharter:
a. No PolicyBody shallconduct any meeting,conferenceor otherfunctioninany facility thatexcludespersonson thebasisofactualorpresumed classidentityor characteristics, orwhich isinaccessibletopersonswith physicaldisabilities,or where members of the publicmay notbe presentwithoutmaking a payment orpurchase.Whenever theCity Council,or a PolicyBody anticipatesthatthenumber ofpersonsattendingthemeeting willexceed the legalcapacityof themeeting room, any public address system used to amplify sound in the meeting room shallbe extended by supplementary speakers to permit the overflow audience to listento the proceedings in an adjacentroom or passageway,unlesssuch supplementaryspeakerswould disrupttheoperationof a City office.
b. Each PolicyBody shallprovidesignlanguage interpretersornote-takersateach regular meeting,providedthata requestforsuch servicesiscommunicated tothesecretaryor clerk of the Policy Body at least48 hours before the meeting, except for Monday meetings,forwhich thedeadlineshallbe 4 p.m.ofthelastbusinessday ofthepreceding week.
c. Each Policy Body shallensure thataccessibleseatingfor persons with disabilities, includingthose using wheelchairs,is made availablefor each regularand special meeting.

The votershereby adopt Section409.14 ("Video and Audio Recording")of theCityCharter:
a. Any person attendingan open and publicmeeting of a PolicyBody shallhave theright to recordtheproceedingswith an audio or video recorderor a stillor motion picture camera, or to broadcastthe proceedings,inthe absence of a reasonablefindingof the Policy Body thatthe recording or broadcast cannot continue without such noise, illumination or obstruction of view as to constitute a persistentdisruptionof the proceedings.
b. Each PolicyBody shallaudio recordeach regularand specialmeeting.Each such audio recording,and any audio or video recordingof a meeting of any otherPolicyBody made atthe directionof the PolicyBody shallbe a publicrecordsubjectto inspection pursuanttotheCaliforniaPublicRecords Act (Government Code sections7920.000 et seq.),and shallnot be erasedor destroyed.Inspectionof any such recordingshallbe providedwithoutchargeon an appropriateplayback devicemade availableby theCity. c. Every PolicyBody shallaudioorvideoeverynoticedregularmeeting,specialmeeting, or hearingopen tothepublicheldina Newport CityCivicCenterhearingroom thatis equipped with audio or video recordingfacilities,except to the extentthat such facilitiesmay not be availablefortechnicalor otherreasons.Each such audio or video recordingshallbe a publicrecordsubjecttoinspectionpursuanttotheCaliforniaPublic Records Act (Government Code sections7920.000 etseq.),and shallnot be erasedor destroyed.The Cityshallmake such audioorvideorecordingavailableindigitalform at a centralizedlocationon the City'swebsite (www.newportbeac hca.gov)within 72 16 82
hours of the dateof the meeting or hearingand fora periodof atleasttwo yearsafter the date of the meeting or hearing.Inspectionof any such recording shallalso be providedwithoutchargeon an appropriateplayback devicemade availableby theCity.

This subsection(C) shallnot be construed to limitor in any way modify the duties createdby any otherprovisionof thisSection,includingbut not limitedto the requirementsforrecordingclosedsessionsas statedinSection409.8and forrecording meetingsof boardsand commissions enumerated intheCharteras statedin subsection (b)above.

The votershereby adopt Section409.15 ("PublicTestimony") of the City Charter:
a. Every agenda for regularmeetings shallprovide an opportunityfor members of the publicto directlyaddressaPolicyBody on itemsof interesttothepublicthatarewithin PolicyBody's subjectmatterjurisdiction,providedthatno actionshallbe taken on any itemnot appearingon theagenda unlesstheactionisotherwiseauthorizedby Section 409.5.
b. Every agenda forspecialmeetingsatwhich actionisproposedto be takenon an item shallprovidean opporttmityforeach member of thepublictodirectlyaddressthebody concerningthatitem priortoactionthereupon.
c. A Policy Body may adopt reasonableregulationsto ensure that the intentof Subdivisions(a)and (b) are carriedout,including,but not limitedto,regulations limitingthetotalamount oftimeallocatedforpublictestimonyon particularissuesand foreach individualspeaker.Each PolicyBody shalladopt a ruleprovidingthateach personwishingtospeakon an itembeforethebody ata regularorspecialmeetingshall be permittedtobe heardonce forno lessthanthreeminutes.Time limitsshallbe applied uniformlytomembers ofthepublicwishingtotestify.
d. A PolicyBody shallnot abridgeor prohibitpubliccriticismof thepolicy,procedures, programs or servicesoftheCity,orofany otheraspectof itsproposalsor activities,or of the actsor omissions of the body, on the basisthattheperformanceof one or more publicemployees isimplicated,or on any basisotherthanreasonabletime constraints adoptedinregulationspursuanttoSubdivision(c)ofthisSection. e. To facilitatepublicinput,any agenda changes or continuancesshallbe announced by the presidingofficerof a PolicyBody at the beginningof a meeting,or as soon thereafteras the change or continuancebecomes known to suchpresidingofficer.

The votersherebyadoptSection409.16("Minutes")oftheCityCharter:
a. The clerk or secretaryof the City Council, and the clerk,secretaryor other representativeof allPolicyBodiesand commissions shallrecordtheminutesforeach regularand specialmeetingofsuchbodies.The minutesshallstatethetimethemeeting was calledto order,the names of the members attendingthemeeting,the rollcallvote on each matter consideredatthe meeting,the time themeeting began and ended any closed session,the names of the members and the names, and titleswhere applicable, 17 83
of any otherpersonsattendingany closedsession,a listof thosemembers of thepublic who spoke on each matterifthe speakersidentifiedthemselves,whether such speakers supportedor opposed the matter,a briefsummary of each person'sstatementduring the public conment period for each agenda item, and the time the meeting was adjourned.Any personspeakingduringa publiccomment periodmay supplya brief writtensummary oftheircomments which shall,ifno more than 150 words, be included in the minutes.
b. The draftminutes of each meeting shallbe made availableon the City'swebsite,and at a designatedlocationfor inspectionand copying upon request,no laterthan five working days afterthemeeting.The officiallyadopted minutes shallbe availablefor inspectionand copying upon requestno laterthan 10 working days afterthemeeting at which theminutes areadopted.Upon request,minutes requiredtobe produced by this Section shall be made available in Braille or increased type size.

The votershereby adopt Section409.17 ("PublicComments by Members of PolicyBodies") of the City Charter:

Eveiy member of a PolicyBody retainsthefullconstitutionalrightsof a citizentocomment publiclyon thewisdom or proprietyof government actions,includingthoseof the Policy Body ofwhich he or she isa member. PolicyBodies shallnotsanction,reproveordeprive members of theirrightsas electedor appointedofficialsforexpressingtheirjudgments or opinions,includingthose which deal with the perceivedinconsistencyof non-public discussions,communications or actionswith therequirementsof Stateor Federallaw or of thisSunshineOrdinance.The releaseof specificfactualinformationmade confidentialby Stateor Federallaw including,but not limitedto,the privilegefor confidentialattorney- clientcommunications,may be the basisfora requestforinjunctiveor declaratoryrelief, of a complainttothe CityCouncil seekingan accusationof misconduct,or both.

The voters hereby adopt Section 409.50 ("Process for Gaining Access to Public Records; AdministrativeAppeals")ofthe City Charter:
a. Every personhaving custody of any publicrecordor publicinformation,as definedin thisSunshineOrdinance,(hereinafterreferredtoasa custodianofa publicrecord)shall, at normal times and during normal and reasonablehours of operation,without unreasonabledelay,and withoutrequiringan appointment,permitthepublicrecord,or any segregableportionof a record,to be inspectedand examined by any person and shallfurnishone copy thereofupon payment of a reasonablecopying charge,not to exceed thelesserof theactualcostor 10 cents($0.10)per page. b. A custodianof a publicrecordshall,as soon as possibleand within 10 days following receiptofa requestforinspectionor copy ofa publicrecord,comply with such request.

Such requestmay be deliveredto theofficeof thecustodianby therequesterorallyor in writingby fax,postaldelivery,or e-mail.Ifthe custodianbelievesthe recordor informationrequestedisnot a publicrecordor isexempt,thecustodianshalljustify withholdingany recordby demonstrating,inwritingas soon aspossibleand within10 18 84
days followingreceiptof a request,thattherecordinquestionisexempt under express provisionsof thisSunshine Ordinance.
c. A custodianofa publicrecordshallassista requesterinidentifyingtheexistence,form, and natureof any recordsor informationmaintained by,availableto,or inthecustody of the custodian,whether or not the contents of those records are exempt from disclosureand shall,when requestedto do so,provide in writingwithin seven days followingreceiptof a request,a statementastotheexistence,quantity,form and nature ofrecordsrelatingtoa particularsubjectorquestionswith enough specificityto enable a requesterto identifyrecordsin orderto make a request.A custodianof any public record,when not in possessionof the record requested,shallassista requesterin directinga requesttotheproperofficeor staffperson.
d. Ifthecustodianrefuses,failsto comply, or incompletelycomplieswith a requestfor recordsunder thisSection,thepersonmaking therequestmay petitionthe Supervisor of Records fora determinationwhether therecordrequestedispublic.The Supervisor of Records shallinform the petitioner,as soon as possibleand within 10 days,of its determinationwhether the record requested,or any partof the recordrequested,is public. Where requested by the petition,and where otherwise desirable,this determinationshallbe inwriting.Upon thedeterminationby the Supervisorof Records that the record is public,the Supervisor of Records shallimmediately order the custodianof the publicrecord to comply with the person'srequest.Ifthe custodian refusesor failsto comply with any such order withinfivedays, the Supervisorof Records shallnotifythe Sunshine Task Force,and districtattorneyor the attorney generalwho shalltakewhatever measures she or he deems necessaryand appropriate to unsurecompliance with the provisionsof thisSunshine Ordinance.The Supervisor of Records shallalso have the rightto investigateany failureto comply with the SunshineOrdinance.The Supervisorof Records may implement disciplinaryand/or remedialactionagainstCity officialsand staff.
e. Ifthecustodianrefuses,failsto comply, or incompletelycomplieswith a requestfor recordsunder thisSection,or ifa petitionisdenied or not actedon by the Supervisor of Records,theperson making therequestmay petitionthe Sunshine Task Force for a determinationwhether the recordrequestedispublic.The Sunshine Task Force shall inform the petitioner,as soon as possibleand within2 days afteritsnext meeting but in no case laterthan 45 days from when a petitionin writingis received,of its determinationwhether the recordrequested,or any partof the recordrequested,is public. Where requested by the petition,and where otherwise desirable,this determinationshallbe inwriting.Upon thedeterminationthattherecordispublic,the Sunshine Task Force shallimmediately order the custodianof the publicrecord to comply with theperson'srequest.Ifthe custodianrefusesor failsto comply with any such orderwithin 5 days,the Sunshine Task Force shallnotifythedistrictattorneyor the attorneygeneralwho may take whatever measures she or he deems necessaryto insurecompliance with the provisionsof thisSunshine Ordinance.The City Council and theCity Attorney'sofficeshallprovidesufficientstaffand resourcesto allow the Sunshine Task Force to fulfillits duties under this provision.Where requestedby the petition,theSunshineTaskForcemay conducta publichearingconcerningtherecords 19 85
requestdenial.An authorizedrepresentativeof the custodianof the publicrecords requestedshallattendany hearingand explainthebasisforitsdecisionto withhold the recordsrequested.
f. The administrativeremedy providedunder thisSectionshallin no way limitthe availabilityofotheradministrativeremediesprovidedtoany personwithrespecttoany officeroremployee ofany executiveoffice,or PolicyBody; nor shallthe administrative remedy provided by thissectionin any way limitthe availabilityofjudicialremedies otherwiseavailabletoany personrequestinga publicrecord.Ifa custodianof a public recordrefusesorfailstocomply withtherequestof any personforinspectionor copy of a publicrecordorwith an administrativeorderunderthisSection,thesuperiorcourt shallhave jurisdictiontoordercompliance.
g. In any courtproceedingpursuantto thisarticlethereshallbe a presumptionthatthe recordsoughtis public,and the burden shallbe upon the custodianto prove with specificitytheexemption which applies.
h. On atleastan annualbasis,and asotherwiserequestedby theSunshine Task Force,the Supervisorof Records shallpreparea tallyand reportof every petitionbrought before itfor access to records since the time of its last tallyand report.The reportshallatleast identifyforeach petitiontherecordor recordssought,thecustodianof thoserecords, therulingoftheSupervisorof Records,whether any rulingwas overturnedby a court and whether ordersgivento custodiansof publicrecordswere followed.The report shallalso summarize any court actionsduring thatperiod regardingpetitionsthe Supervisorof Records has decided.At the requestof the Sunshine Task Force, the reportshallalsoincludecopiesof allrulingsmade by the Supervisorof Records and allopinionsissued.Allannualtalliesand reportsshallbe made availableon theCity's website withinten days.
i. The CityAttorneyDepartment shallactto protectand securetherightsof thepeople of Newport Beach to accesspublicinformationand publicmeetings and shallnot act as legalcounselforany cityemployee or any personhaving custodyof any public recordforpurposesof denyingaccessto the public.The CityAttorneymay publish legalopinionsin responseto a requestfrom any person as to whether a record or informationispublic.All communications with theCityAttorney'sOfficewith regard tothisSunshineOrdinance,includingpetitions,requestsforopinion,and opinionsshall be publicrecords,regardlessof whether such communications includeCityemployees or officials.

Notwithstandingtheprovisionsof thisSection,theCityAttorneymay defend theCity or a City employee in litigationunder the Sunshine Ordinance thatisactuallyfiledin courtto any extentrequiredby the City Charter or CaliforniaLaw. k. Release of documentary publicinformation,whether forinspectionof the originalor by providing a copy, shallbe governed by the CaliforniaPublic Records Act (Government Code sections7920.000 et seq.)in particularsnot addressed by the 20 86
Sunshine Ordinance and in accordance with the enhanced disclosurerequirements provided in thisSunshine Ordinance.

1. Inspectionand copying of documentary publicinformationstored in electronicform shallbe made availabletotheperson requestingtheinformationinany form requested which is availableto or easilygenerated by the City,itsofficersor employees, includingdisk,tape,printoutormonitor ata chargeno greaterthan the costof themedia on which itisduplicated.Inspectionof documentary publicinformationon a computer monitor need not be allowed where the informationsought is necessarilyand inseparablyintertwinedwith informationnot subjectto disclosureunder thisSunshine Ordinance.Nothing inthisSectionshallrequirea Department toprogram or reprogram a computer torespond to a requestforinformationor to releaseinformationwhere the releaseofthatinformationwould violatea licensingagreement or copyrightlaw.

The votershereby adopt Section409.51 ("ReleaseofOral PublicInformation")oftheCityCharter:

Release of oralpublicinformationshallbe accomplished as follows:
a. Every Department head shalldesignatea person or persons knowledgeable about the affairsof the Department, to provide information,includingoralinformation,to the public about the Department's operations, plans, policies and positions.The Department head may designatehimselforherselfforthisassignment,but inany event shallarrangethatan alternatebe availableforthisfunctionduringthe absenceof the person assignedprimary responsibility.If a Department has multiple bureaus or divisions,the Department may designatea person or persons for each bureau or divisionto providethisinformation.
b. The roleof thepersonor personsso designatedshallbe to provide informationon as timelyand responsiveabasisas possibleto thosemembers of the public who are not requestinginformationfrom a specificperson.This Sectionshallnot be interpretedto curtailexistinginformalcontactsbetween employees and members of thepublicwhen these contactsare occasional,acceptableto the employee and the Department, not disruptiveof his or her operationaldutiesand confinedto accurate information not confidentialby law.
c. No employee shallbe requiredto respondto an inquiryor inquiriesfrom an individual ifitwould taketheemployee more thantwo hourstoobtaintheinformationresponsive totheinquiryor inquiries.
d. Publicemployees shallnot be discouragedfrom or disciplinedforthe expressionof theirpersonalopinionson any matterof publicconcernwhile not on duty,so long as theopinion(1)isnotrepresentedas thatoftheDepartmentand does not misrepresent theDepartment position;and (2)does notdisruptcoworkerrelations,impairdiscipline orcontrolby superiors,erodea closeworkingrelationshippremisedon personalloyalty and confidentiality,interferewith the employee's performance of hisor her dutiesor obstructthe routineoperationof the officein a manner thatoutweighsthe employee's interestsin expressingthatopinion.In adoptingthisSubdivision,the City intends 21 87
merely to restateand affirmcourtdecisionsrecognizingthe FirstAmendment rights enjoyed by publicemployees.Nothing in thisSectionshallbe construedto provide rightstoCityemployees beyond thoserecognizedby courts,now or inthe future,under the FirstAmendment, or to createany new privatecause of action or defense to disciplinaryaction.

Notwithstandingany otherprovisionsof the Sunshine Ordinance,publicemployees shallnot be discouragedfrom or disciplinedfor disclosingany information that is publicinformationor a publicrecordto any journalistor any member of the public.

Any publicemployee who isdisciplinedfordisclosingpublicinformationor a public recordshallhave a cause of actionagainstthe City and the supervisorimposing the discipline.

The votershereby adopt Section409.52 ("PublicReview File- PolicyBody Communications") of the City Charter:
a. The CityClerkand theclerkof each Department and commission shallmaintaina file, accessibleto any person during normal officehours,containinga copy of any letter, memorandum or other communication which the clerk has distributed to or received from a quorum of thePolicyBody concerninga mattercalendaredby the body within theprevious30 days or likelytobe calendaredwithinthenext 30 days,irrespectiveof subject matter, origin or recipient,except commercial solicitations,periodical publicationsor communications exempt from disclosureunder the CaliforniaPublic Records Act (Government Code sections7920.000, etseq.)and not deemed disclosable under Section 409.53 of the Sunshine Ordinance.
b. Communications, as described in subsection (a),sent or received in the lastthree businessdays shallbe maintainedinchronologicalorderintheofficeoftheDepartment head or ata placenearby,clearlydesignatedto the public.Afterdocuments have been on fileforthreefilldays,they may be removed, and, in the discretionof the board or commission,placedina monthly chronologicaltile.
c. Multiple-pagereports,studiesor analyseswhich are accompanied by a letteror memorandum of transmittal need not be included in the fileso long as the letteror memorandum of transmittal is included.

The votershereby adopt Section409.53 ("PublicInformationThat Must Be Disclosed")of the CityCharter:

Notwithstandingthe City Council'sand Department's legaldiscretionto withhold certain information under the California Public Records Act,the followingpoliciesshall govern specifictypesof documents and informationand shallprovide enhanced rightsof publicaccessto informationand records:
a. NeithertheCitynor any office,official,employee, or agentthereofmay assertas the basisfor withholdingany documents or informationrequestedunder the Sunshine Ordinance, or the CaliforniaPublic Records Act (Gov.Codesection7922.000 et.seq.)or 22 88
any similarprovisionauthorizingthe withholdingof any document or information based on a findingor showing thatthe publicinterestinwithholdingthe information outweighs thepublicinterestindisclosure.
b. Neitherthe Citynor any office,employee, or agentthereofmay assertan exemption forwithholdingforany document or informationbased on a "deliberativeprocess" exemption,eitheras provided by CaliforniaPublicRecords Act Section 7922.000 or any otherprovisionof law thatdoes not prohibitdisclosure. c. All withholdingsof documents or informationmust be based on an expressprovision of this Sunshine Ordinance providing for withholdingof the specifictype of informationinquestionoron anexpressand specificexemptionprovidedby California PublicRecordsAct thatisnotforbiddenby thisSunshineOrdinance. d. Drafts and Memoranda.
(I) Except as provided in subparagraph (2) below, no preliminarydraftor PolicyBody memorandum, whether inprintedor electronicform,shallbe exempt from disclosure under Government Code Section 7927.500 or any otherprovision of the California Public Records Act. If such a document isnot normally kept on fileand would otherwisebe disposed of,itsfactualcontentisnot exempt under Government Code Section7927.500. Only the recommendation of the authormay, insuch circumstances,be withheldas exempt.
(2) Draftversionsof an agreement being negotiatedby representativesof the City with some otherpartyneed not be disclosedimmediately upon creationbut must be preservedand made availableforpublicreview for 10 days priorto the presentationof the agreement for approvalby a PolicyBody, unlessthe Policy Body findsthatand articulateshow thepublicinterestwould be unavoidablyand substantiallyhanned by compliance with this10 day rule,provided thatPolicy Body as used in this Subdivision does not include committees. In the case of negotiationsfora contract,leaseor otherbusinessagreement in which an agency of the City isofferingto provide facilitiesor servicesin directcompetitionwith otherpublicor privateentitiesthatarenot requiredby law tomake theircompeting proposalspublicor do not infactmake theirproposalspublic,thePolicyBody may postpone publicaccessto the finaldraftagreement untilitispresentedto itfor approval.
e. LitigationMaterial.
(1) Notwithstandingany exemptionsotherwiseprovidedby law,thefollowing arepublicrecordssubjecttodisclosureunder thisSunshine Ordinance:
(i) A pre-litigationclaimagainsttheCity;
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(ii) A recordpreviouslyreceivedor createdby a PolicyBody in the ordinarycourseofbusinessthatwas notattorney/clientprivilegedwhen it was previouslyreceivedor created;and
(iii) Advice on compliancewith,analysisof,an opinionconcerning liabilityunder,orany communicationotherwiseconcerningthe California PublicRecordsAct,theRalph M. Brown Act,thePoliticalReform Act,the CityCharter,theCityofNewport Beach MunicipalCode, orthisSunshine Ordinance._ .... _. .....
(2) UnlessotherwiseprivilegedunderCalifornialaw,when litigationisfinally adjudicatedor otherwisesettled,recordsof allcommunicationsbetweenthePolicy Body and theadversepartyshallbe subjecttoimmediatedisclosure,includingthe textand terms of any settlement.
f. Personnel Information.

None of the followingshallbe exempt from disclosureunder Government Code Section 7927.400 to Government Code Section 7927.430, or any other provisionof California Law where disclosure is not forbidden:
(1) The job pool characteristicsand employment and educationhistoriesof all successfuljob applicants,includingata minimum thefollowinginformationas to eachsuccessfuljobapplicant:
(i) Sex,age and ethnicgroup;
(ii) Yearsof graduateand undergraduatestudy,degree(s)and major or discipline,
(iii) Yearsofemployment intheprivateand/orpublicsector;and (iv) Whether currentlyemployed inthesame positionforanotherpublic agency.
(v) Other non-identifyingparticularsas to experience,credentials, aptitudes,trainingor educationenteredin or attachedto a standard employment applicationform usedforthepositioninquestion. (2) The professionalbiographyorcurriculumvitaeof any employee, provided thatthe home address,home telephonenumber, socialsecuritynumber,age,and maritalstatusoftheemployeeshallbe redacted.
(3) The job descriptionof everyemployment classification. (4) The exactgrosssalaryand City-paidbenefitsavailabletoeveryemployee. 24 90
(5) Any memorandum of understandingbetween theCityor Department and a recognizedemployee organization.
(6) The amount, basis,and recipientof any performance-basedincrease in compensation,benefits,or both,or any otherbonus, awarded to any employee, which shallbe announced duringtheopen sessionof a PolicyBody atwhich the award isapproved.
(7) The recordof any confirmed misconduct of a publicemployee involving personaldishonesty,misappropriationof public funds,resources or benefits, unlawfuldiscriminationagainstanotheron thebasisof status,abuseof authority, or violence,and of any disciplineimposed forsuch misconduct. g. Law Enforcement Information.

The Chiefof Policeand CityAttorneyareencouragedto cooperatewith thepress and othermembers of the publicin allowing accessto localrecords pertainingto investigations,arrests,and otherlaw enforcement activity.However, no provisionof the Sunshine Ordinance isintendedto abrogateor interferewith the constitutionaland statutorypower and dutiesof any districtattorney,sheriff,policeofficeror other applicableStatelaw orjudicialdecision.Records pertainingtoany investigation,arrest or otherlaw enforcement activityshallbe disclosedto the publiconce the district attorneyor courtdeterminesthata prosecutionwillnot be sought againstthe subject involved,or once the statuteof limitationsforfilingchargeshas expired,whichever occurs first.Notwithstandingthe occurrenceof any such event,individualitems of information in the following categoriesmay be segregated and withheld if,on the particularfacts,thepublicinterestinnondisclosureclearlyand substantiallyoutweighs the publicinterestin disclosure:
(1) The names of juvenilewitnesses (whose identitiesmay neverthelessbe indicatedby substitutinga number or alphabeticalletterfor each individual interviewed);
(2) Personalor otherwiseprivateinformationrelatedto or unrelatedto the investigationifdisclosurewould constitutean unwarrantedinvasionof privacy; (3) The identityof a confidentialsource;
(4) Secretinvestigativetechniquesor procedures;
(5) Informationwhose disclosurewould endanger law enforcement personnel; or
(6) Informationwhose disclosurewould endanger thesuccessfulcompletionof an investigationwhere theprospectof enforcement proceedings is concrete and definite.
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This Subdivisionshallnot exempt from disclosureany portionof any recordof a concluded inspectionor enforcement action by an officeror Policy Body responsibleforregulatoryprotectionof thepublichealth,safety,or welfare. h. Contracts,Bids and Proposals.
(1) Contracts,contractors'bids,responsesto requestsfor proposalsand all other recordsof communications between a Policy Body and persons or firms seekingcontractsshallbe open to inspectionimmediatelyaftera contracthas been awarded and forno lessthantwo yearsafterthecontracthas been awarded.Nothing inthisprovisionrequiresthedisclosureof a privateperson'sor organization'snet worth or otherproprietaryfinancialdatasubmittedforqualificationfora contract or otherbenefituntiland unlessthatpersonor organizationisawarded thecontract or benefit. All bidders and contractors shall be advised thatinformationprovided which is covered by thisSubdivision willbe made availableto the public upon request.Immediately afterany review or evaluationor ratingof responses to a Request for Proposal ("RFP") has been completed, evaluationforms and score sheetsand any otherdocuments used by personsintheRFP evaluationor contractor selectionprocessshallbe availableforpublicinspectionand forno lessthan two years.The names of scorers,gradersor evaluators,along with theirindividual ratings,comments, and scoresheetsor continentson relateddocuments, shallbe made immediately availableafterthe review or evaluationof a RFP has been completed and forno lessthan two years.
(2) All documents exchanged and relatedto the position of the parties, includingdraftcontracts,shallbe made availableforpublicinspectionand copying upon requestforno lessthantwo yearsiftheyrelateto negotiationsfor:
(i) personal,professional,or othercontractualservicesnot subjectto a competitiveprocessor where such a processhas arrivedat a stagewhere thereisonly one qualifiedor responsivebidder;
(ii) leasesor permitshaving totalanticipatedrevenue or expense to the City of Newport of fivehundred thousand dollars($500,000)or more or having a term of 10 yearsor more; or
(iii) any franchiseagreements.

In the event thatno recordsareprepared or exchanged duringnegotiationsinthe above-mentioned categories,or the records exchanged do not provide a meaningfulrepresentationoftherespectivepositions,the CityAttorneyor City representativefamiliarwith thenegotiationsshall,upon a writtenrequestby a member of the public,preparewrittensummaries of the respectivepositions within fiveworking days followingthe finalday of negotiationof any given week. The summaries willbe availableforpublicinspectionand copying.Upon completionofnegotiations,theexecuted contract,includingthedollaramount of saidcontract,shallbe made availablefor inspectionand copying.At the end of 26 92
each fiscalyear,each Department shallprovideto theCityAttorney a listof all solesourcecontractsenteredintoduring the pastfiscalyear.This listshallbe made availableforinspectionand copying as provided forelsewhereintheCity Charter.

Budgets and Other FinancialInformation.Budgets, whether tentative,proposed or adopted,forthe Cityor any Departments,programs,projectsor othercategories,and allbills,claims, invoices,vouchers or other records of payment obligationsas well as recordsof actualdisbursementsshowing the amount paid,the payee and thepurpose forwhich payment ismade, otherthan payments forsocialor otherserviceswhose recordsare confidentialby law, shallnot be exempt from disclosureunder any circumstances.

The votershereby adoptSection409.54 ("Immediacy ofResponse")oftheCityCharter:
a. Notwithstandingthe 10 day periodforresponseto a requestpermittedin Goverment Code Section 7922.535 and in thisSection,a writtenrequestforinformationdescribed in any categoryof non-exempt publicinformationshallbe satisfiedno laterthan the fivebusinessdays followingthe day of the request.This deadlineshallapply only if thewords "ImmediateDisclosureRequest" areplacedacrossthetopoftherequestand on the envelope, subjectline,or cover sheet in which the request is transmitted.

Maximum deadlinesprovided in thisarticleare appropriatefor more extensive or demanding requests,but shallnot be used to delay fulfillinga simple,routineor otherwisereadilyanswerable request.
b. Ifthevoluminous natureof theinformationrequested,itslocationin a remote storage facilityortheneed toconsultwith anotherinterestedDepartment warrantsan extension of 10 days as providedin Government Code Section7922.535,the requestershallbe notifiedas requiredby thecloseofbusinesson thebusinessday followingtherequest.

Any such notificationshallidentifywith specificitythe stepstaken to identifythe volume of responsiverecords,includingany search parameters used to identifythe volume of recordsand the record custodianswho performed any such search,and brieflyexplainwhy itwould not be possibletoreview theidentifiedrecordswithoutan extension.For the purposes of thisSection,unusual circumstancesshallnot include considerany ordinarybusinessactivitiesof the City or any Department or division holdingresponsiverecords.
c. The person seeking the informationneed not statehisor her reason for making the requestortheusetowhich theinformationwillbe put,and requestersshallnotbe asked tomake such a disclosure.Where a recordbeing requestedcontainsinformationwhich isexempt from disclosureunder the CaliforniaPublicRecords Act and thisSection, however, theCityAttorneyor custodianof therecordmay inform the requesterof the nature and extentof the non-exempt informationand inquireas to the requester's purposeforseekingit,inordertosuggestalternativesourcesfortheinformationwhich may involvelessredactionorto otherwisepreparea responseto therequest. 27 93
d. Notwithstanding any provisionsof CaliforniaLaw or the Sunshine Ordinance, in responseto a requestforinformationdescribingany categoryof non-exempt public information,when so requested,the Cityof Newport Beach shallproduce any and all responsivepublicrecordsas soon as reasonablypossibleon an incrementalor "rolling" basissuch thatresponsiverecordsareproduced as soon as possibleby the end of the same businessday thatthey are reviewed and collected.This Section is intended to prohibitthewithholdingof publicrecordsthatareresponsivetoa recordsrequestuntil allpotentiallyresponsive documents have been reviewed and collected.Failure to comply with thisprovisionisa violationof the Sunshine Ordinance.

The votershereby adopt Section409.55 ("WithholdingKept to a Minimum") of the City Charter:

No record shall be withheld from disclosure in itsentiretyunlessallinformation containedin itis exempt from disclosureunder express provisionsof thisSunshine Ordinance, the CaliforniaPublic Records Act, or of some other statute.Information that is exempt from disclosureshallhe masked, deletedor otherwisesegregatedin orderthatthe nonexempt portionof a requestedrecordmay be released,and keyed by footnoteor other clearreferencetothe appropriatejustificationforwithholdingrequiredby Section409.56.

This work shallbe done personallyby the attorneyor otherstaffmember conductingthe exemption review.The work of respondingto a public-recordsrequestand preparing documents fordisclosureshallbe consideredpartof theregularwork dutiesof any City of Newport Beach employee, and no fee shallbe charged to the requesterto cover the personnelcostsof respondingto a recordsrequest.

The votershereby adopt Section409.56 ("Justificationof Withholding")of theCity Charter:

Any withholdingof informationshallbe justified,on a document-by-document basis,in writingand memorializedina log to facilitatereview by a requester,as follows:
a. A withholdingunder a specificpermissiveexemption inthe CaliforniaPublicRecords Act orelsewhere,which permissiveexemption isnotforbiddentobe assertedunder the Sunshine Ordinance,shallcitethatauthority.
b. A withholdingon the basisthatdisclosureisprohibitedby law shallcitethe specific statutoryauthorityinthePublicRecords Act orelsewhere.

A withholdingon the basisthatdisclosurewould incurcivilor criminalliabilityshall citeany specificstatutoryor case law, or any other public agency's litigation experience,supportingthatposition.
d. When a recordbeing requestedcontainsinformation,most of which isexempt from disclosure under the California Public Records Act and the Sunshine Ordinance, the custodian shallinform the requesterof the nature and extent of the nonexempt informationand suggestalternativesourcesforthe informationrequested,ifavailable.

The votershereby adopt Section409.57 ("IndextoRecords") oftheCityCharter:
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The CityofNewport Beach shallpreparea publicrecordsindex thatidentifiesthe typesof informationand documents maintainedby the City Council,Departments,and elected officials.The index shall be for the use of Cityofficials,staffand thegeneralpublic, and shallbe organizedto permit a generalunderstandingof the types of information maintained,by which officialsand Departments,forwhich purposesand forwhat periods of retention,and underwhat manner of organizationforaccessing,e.g.,by referenceto a name, a date,a proceedingor project,or some otherreferencingsystem.The index need not be insuch detailas to identifyfilesor recordsconcerninga specificperson,transaction or otherevent,butshallclearlyindicatewhere and how recordsof thattypearekept.Any such masterindexshallbe reviewedby appropriatestaffforaccuracyand presentedfor formaladoptiontotheadministrativeofficialor PolicyBody responsibleforthe indexed records.The City Manager shallbe responsiblefor thepreparationof thisrecordsindex.

The CityManager shallreporton theprogressof the index to the Sunshine Task Force on at leasta semi-annualbasisuntilthe index iscompleted.Each Department and public officialshallcooperatewiththeCityManager toidentifythetypesof recordsitmaintains, includingthose documents createdby the entityand those documents received in the ordinarycourseof businessand thetypesof requeststhatare regularlyreceived.Each Departmentand electedofficialisencouragedtosolicitand encouragepublicparticipation todevelop a meaningfulrecordsindex.The index shallclearlyand meaningfullydescribe, with asmuch specificityaspracticable,theindividualtypesofrecordsthatarepreparedor maintainedby each Department or publicofficialof theCityofNewport Beach. The index shallbe sufficientto aid the public in making an inquiryor a requestto inspect.Any changes in the Departments or electedofficialspracticesor procedures affectingthe accuracyof the informationprovided to the City Manager shallbe recorded by the City Manager on no lessthanan annualbasisso as tomaintaintheintegrityand accuracyof the index.The index shallbe continuouslymaintainedon theCityofNewport Beach'swebsite and made availableata publiclibrarywithintheCityofNewport Beach.

The votershereby adopt Section409.58 ("RecordsSurviveTransitionof Officials")of theCity Charter:

All documents prepared,received,or maintainedby the City Council,by any electedCity official,and by the head of any Department are the propertyof the City of Newport Beach. The originalsof thesedocuments shallbe maintainedconsistentwith the recordsretentionpoliciesof the City.

The votershereby adopt Section409.59 ("InternetAccess, Minimum Standards")of the City Charter:

Each Department shallmake publiclyavailablethrough itswebsiteor the City's website,asmuch informationand as many documents aspossibleconcerningitsactivities.

At a minimum, within sixmonths afterenactment of thisSection,each Department shall poston itswebsiteallmeeting noticesrequiredunder theSunshine Ordinance,agendas and theminutesof allpreviousmeetingsof any of theirPolicyBodies forthe lastthreeyears.

Noticesand agendas shallbe postedno laterthan the time thattheDepartment otherwise distributesthisinformationto thepublic,allowingreasonabletime forposting.Minutes of meetings shallbe posted as soon as possible,but in any event within 10 days afterthey 29 95
have been approved.Each Department shallmake reasonableeffortsto ensure that its websiteor any portionof the City'swebsite thatituses to post materialsis regularly reviewedfortimelinessand updated on atleasta weekly basis.

The votersherebyadopt Section409.60 ("Lobbyiston Behalfof theCity")oftheCityCharter:
a. Any lobbyistwho contractsfor economic considerationwith the City of Newport Beach to representthe City of Newport Beach in mattersbefore any local,regional, State,or federaladministrativeor legislativebody shallfilea publicrecordsreportof theiractivitieson a quarterlybasiswith the Sunshine Task Force.This reportshallbe maintainedby the Sunshine Task Force and not be exempt from disclosure.Each quarterlyreportshallidentifyallfinancialexpendituresexceeding two hundred dollars ($200)by thelobbyist,theindividualor entitytowhom each expenditurewas made, thedatetheexpenditurewas made, and specificallyidentifythelocal,State,regional or nationallegislativeor administrativeactionthe lobbyistsupportedor opposed in making the expenditure.The failureto filea quarterlyreport with the required disclosures shall be a violation of this Sunshine Ordinance. The City shallpromptly terminateany lobbyistwho failstotimelyfiletwo consecutivequarterlyreports. b. No person shallbe deemed a lobbyistunder section(a),unlessthatperson receivesor becomes entitled to receive at least two thousand dollars ($?.000)totalcompensation in any month forinfluencinglegislativeor administrativeactionon behalfof the City of Newport Beach, or withintwo consecutivemonths has atleast25 separatecontacts with local,State,regionalor nationalofficialsforthepurposeof influencinglegislative or administrativeactionon behalfof the City of Newport Beach. No businessor organizationshallbe deemed as a lobbyistunder Section(a)unless itcompensates its employees or members fortheirlobbying activitieson behalfof the City of Newport Beach, and thecompensated employees or members have atleast25 separatecontacts with local,State,regionalor nationalofficialsforthepurpose of influencinglegislative or administrativeactionwithin any two consecutivemonths. "Totalcompensation" shallbe calculatedby combining allcompensation receivedfrom the City of Newport Beach duringthemonth forlobbyingactivitieson mattersatthe local,State,regional or national level. "Total number of contacts" shall be calculatedby combining all contactsmade duringthetwo-month periodon behalfoftheCityofNewport Beach for alllobbyingactivitieson maters atthelocal,state,regionalor nationallevel. c. Funds of the City of Newport Beach, includingorganizationaldues,shallnot be used to supportany lobbying effortsto restrictpublicaccessto records,information,or meetings,exceptwhere such effortissolelyforthepurpose of protectingthe identity and privacyrightsof privatecitizens.

The votershereby adopt Section409.61 ("Calendarsof CertainOfficials")of theCityCharter:
a. The Mayor, CityAttorney,theCityCouncil,and everychiefexecutiveorhead ofevery Department shallkeep or cause tobe kept a dailycalendarwherein isrecordedthetime and place of each meeting or event attendedby thatofficial,eitherin person or by teleconferenceor otherelectronicmeans, with the exclusionofpurelypersonalorsocial 30 96
events at which no City businessisdiscussedand thatdo riottake place at City of Newport Beach officersor atthe officesor residencesof peoplewho do businesswith or are otherwisesubstantiallyfinanciallyaffectedby actionsof the City of Newport Beach. For meetings not otherwisepubliclyrecorded,the calendar shall include a generalstatementof issuesdiscussed.Such calendarsshallbe publicrecordsand shall be availabletoanyrequesterthreebusinessdayssubsequenttothecalendarentrydate. b. For meetingsor eventswith tenor fewer attendees,thecalendarshallalsoidentifythe individual(s)presentand organization(s)representedatthe meeting or event ifknown by theofficial,unlesstheofficialisaware thattheinformationwould revealtheidentity of a confidentialwhistleblower, would disclose the attendance of members or representativesof a labororganizationata meeting todiscussmatterswithinthescope of representation,asthatterm isdefinedinCaliforniaGovernment Code Section3504, would revealpersonnelinformationnot subjectto disclosure,or isotherwiseexempt from disclosure under State and local law. For the purpose of calculatingthe total number of attendeesat a meeting or event an officialshallnot include himself or herself.

The obligationsimposed undersubsection(b),and theobligationsimposed upon under subsection(a),shallnot apply to meetings or eventswhere City of Newport Beach business is discussed only incidentally;to unplanned, casual conversations with residents;to campaign-relatedmeetings,events,and appearances;or to meetings or eventswhere allattendeesareemployees or officersintheofficial'sDepartment, which formembers ofthe City Council shallmean thatallattendeesaremembers of the City Council,legislativeaides,or employees oftheCity Clerk.Officialsarenot inviolation of subsections(b),and members of the City Council are not in violationof subsection (b),ifthey can demonstratea good faitheffortto comply with theirobligations thereunder.

The votersherebyadoptSection409.62 ("Sourcesof OutsideFunding")oftheCityCharter:

No officialor employee or agentof theCityof Newport Beach shallaccept,allow tobe collected,or director influencethe spendingof,any money, or any goods or services worth more thantwo thousand dollars($2,000)in aggregate,forthe purpose of carrying out or assistingany City of Newport Beach functionunlessthe amount and sourceof all such funds is disclosedas a public record and made availableon the website for the Department to which the funds are directedor the City'swebsite.When such funds are provided or managed by an entity,and not an individual,thatentitymust agreein writing to abide by the Sunshine Ordinance before providing or managing such finds. The disclosure shall include the names of all individuals or organizationscontributingsuch money and a statementas toany financialinterestthecontributorhasinvolvingtheCityof Newport Beach.

The votershereby adopt Section409.63 ("Correspondenceand RecordsShallBe Maintained")of the City Charter:
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a. The Mayor and allheads of every Department shallmaintain and preservein a professionaland businesslikemanner alldocuments and correspondence,includingbut not limitedto letters,e-mails,drafts,memorandum, invoices,reportsand proposals, and shall disclose allsuch records in accordance with this Sunshine Ordinance. b. The City Clerk (orthe Orange County Registrarof Voters,ifaccessibleto the City Clerk) shallkeep and preserve allrecords and invoicesrelatingto the design and printingof ballotsand other electionmaterialsand shallkeep and preserverecords documenting who had custody ofballotsfrom thetime ballotsare castuntilballotsare receivedand certifiedby theCityClerkorOrange County Registrarof Voters. c. In any contract,agreement or permit between the City of Newport Beach and any outsideentitythatauthorizesthatentitytodemand any funds or feesfrom citizens,the City of Newport Beach shallensure thataccuraterecordsof each transactionare maintainedina professionaland businesslikemanner and areavailabletothepublicas publicrecordsunder the provisionsof thisSunshine Ordinance.Failureof an entityto comply with theseprovisionsshallbe grounds for terminatingthe contractor for imposing a financialpenaltyequalto one-halfof thefeesderivedunder the agreement or permit during the period of time when the failurewas in effect.Failureof any Department under thisprovisionshallbe a violationof thisSunshine Ordinance.This paragraphshallapplyto any agreement allowingan entitytotow or impound vehicles in Newport Beach and shallapply to any agreement allowingan entityto collectany feefrom any personsin any pretrialdiversionprogram.

The votershereby adopt Section409.70 ("SunshineTask Force")of theCityCharter:
a. There is hereby establisheda task forceto be known as the Sunshine Task Force consistingof fivevotingmembers appointedby the City Attorney("Sunshine Task Force").All members must have experienceand/ordemonstratedinterestin theissues of citizenaccess and participationin localgovernment. One member must be an attorneywho has graduated from a law school accreditedby the American Bar Associationand who is,or was, licensedtopracticeto law in the Stateof California.

One member shallbe a member ofthepublicexperiencedinconsumer advocacy and/or civilliberties.The Sunshine Task Force may have no more than one City Council member as a member, but shallnot be requiredtohave any City Councilmember as a member.
b. The City Attorney shallserve as legaladvisorto the Sunshine Task Force. The SunshineTask Force shall,atitsrequest,have assignedto itan attorneyfrom within the City Attorney'sOffice,who is experienced in public access law matters.This attorneyshallservesolelyas a legaladvisorand advocateto the Sunshine Task Force and an ethical wall will be maintained between the work of thisattorneyon behalfof the Sunshine Task Force and any person or City officethatthe Sunshine Task Force determinesmay have a conflictof interestwith regardtothemattersbeing handled by the attorney.
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The term ofeach appointivemember shallbe threeyearsunlessearlierremoved by the City Attorney.Intheeventof such removal or intheevent a vacancy otherwiseoccurs duringtheterm of officeof any appointivemember, a successorshallbe appointedfor the unexpiredterm of the officevacated in a manner similarto thatdescribed herein for the initialmembers. The Sunshine Task Force shall electa chairfrom among its appointivemembers. The term of officeas chairof the Sunshine Task Force shallbe two years.Members of the Sunshine Task Force shallservewithoutcompensation. d. The SunshineTask Force shalladvisetheCityCouncil and provide informationto other Departments on appropriateways in which to implement thischapter.The Sunshine Task Force shall develop appropriategoals to ensure practicaland timely implementationof thisSection.The Sunshine Task Force may propose to the City Council amendments to this Section. The Sunshine Task Force shallreportto theCity Council atleastonce annuallyon any practicalor policyproblems encounteredinthe administration of this Section. The Sunshine Task Force shall receive and review the annual reportof the Supervisorof Records and may requestadditionalreportsor informationas itdeems necessary.The Sunshine Task Force shallmake referralsto the City Attorney or any other governmental officewith enforcement power under the Sunshine Ordinance, the CaliforniaPublic Records Act, or the Brown Act, whenever itconcludesthatany personhas violatedany provisionsof the Sunshine Ordinance or the Acts. The Sunshine Task Force shall,from time to time as itseesfit,issuepublic reportsevaluatingcompliance with thisordinanceand relatedCalifornialaws by the City or any PolicyBody.

In additiontothepowers specifiedabove, theSunshine Task Force shallpossesssuch powers as City Council may conferupon itby ordinanceor as the People of Newport Beach shallconferupon itby initiative.
f. The Sunshine Task Force shallapprove by-laws specifyinga general schedule for meetings, requirements for attendance by Sunshine Task Force members, and proceduresand criteriaforremoving members for non-attendance.

The votershereby adoptSection409.71 ("ResponsibilityforAdministration")of theCityCharter:

The CityAttorney,with adviceof theCityCouncil,shalladministerand coordinate theimplementationof allprovisionsforthe Sunshine Ordinance forallPolicyBodies and any otherbodiesunderitscontrol.Electedofficersor,intheabsenceofany electedofficers, the most seniorappointiveofficer,shalladministerand coordinatethe implementationof theprovisionsofthischapterforPolicyBodies and any otherbodiesundertheirrespective control.

The votershereby adopt Section409.72 ("Provisionsof Servicesto Other Agencies; Sunshine Required") of theCity Charter:

Itisthepolicyof the City of Newport Beach to ensureopportunitiesforinformed civicparticipationembodied in the Sunshine Ordinance to alllocal,state,regionaland federalagenciesand institutionswith which itmaintains continuinglegaland political 33 99
relationships.Officers,agentsand otherrepresentativesoftheCityofNewport Beach shall continually,consistentlyand assertivelywork toseek commitments toenactopen meetings, publicinformationand citizencomment policiesby theseagenciesand institutions.

The Cityof Newport Beach shallgiveno subsidyinmoney, tax abatements,land, or servicestoany privateentityunlessthatprivateentityagreesin writingto providethe City with financialprojections(includingprofitand loss figures),and annual audited financialstatementsfor the projectthereafter,for the projectupon which the subsidy is based and allsuch projectionsand financialstatementsshallbe publicrecordsthatmust be disclosed.

The votershereby adopt Section409.73 ('`DepartmentHead Declaration")of the City Charter:

All Department heads shallsign an annual affidavitor declarationstatingunder penaltyof perjurythatthey have readthe Sunshine Ordinance and have attendedor will attendwhen nextoffered,a trainingsessionon the Sunshine Ordinance,to be held atleast once annually.The affidavitor declarationsshallbe maintainedby theCity Manager and shallbe availableas a public record.Annual trainingshallbe provided by the City Attorney'sOfficewith theassistanceof the Sunshine Task Force.

The votershereby adopt Section409.74 ("WillfulFailureShallBe OfficialMisconduct") of the City Charter:

The willfulfailureof any electedofficial,Policy Body head, or othermanagerial Cityemployee todischargeany dutiesimposed by the SunshineOrdinance,theBrown Act or the Public Records Act shall be deemed official misconduct.Complaints involving allegationsof willfulviolationsof thisSunshine Ordinance,the Brown Act or the Public Records Act by electedofficialsor any PolicyBody heads of the Cityof Newport Beach shallbe reportedboth to the SunshineTask Force and the CityAttorney.To the extent permittedby Statelaw,the CityAttorneyshallhave the rightto establishprocessesfor investigationand disciplinaryprocessesto address potentialand actualviolationsof the Sunshine Ordinance, California Public Records Act, the Ralph M. Brown Act, and/or Political Reform Act.

The votershereby adopt Section409.75 ("EnforcementProvisions")of theCity Charter:
a. Any personmay instituteproceedingsforinjunctiverelief,declaratoryrelief,orwritof mandate inany courtofcompetentjurisdictionto enforcehisor herrightto inspector to receivea copy of any publicrecordor classof publicrecordsunder thisSunshine Ordinance or to enforce his or her rightto attend any meeting requiredunder this SunshineOrdinancetobe open,or to compel such meetingto be open. b. A court shallaward costs and reasonableattorneys'fees to the plaintiffwho is the prevailingpartyinan actionbroughttoenforcethisSunshineOrdinance. c. If a courtfindsthatan actionfiledpursuantto thisSectionis frivolous,the City Attorneymay assertitsrightstobe paiditsreasonableattorneys'feesand costs. 34 100
d. Any person or entitymay instituteproceedingsforenforcementand penaltiesunder thisactinany courtof competentjurisdiction.

The votershereby adopt Section409.76 ("Enforcement Provisions")of the City Charter:

The provisionsofthisSunshineOrdinancesupersedeotherlocallaws.Whenever a conflictin locallaw isidentified,therequirementwhich would resultin greateror more expeditedpublicaccessto publicinformationshallapply.

Section 4. Implementation of thisInitiative.

A. This Initiativeisconsideredadopted and effectiveupon the earliestdatelegally possibleaftertheelectionsofficialcertifiesthevote on the Initiativeby thevotersof the City (the "EffectiveDate"). Upon the EffectiveDate of thisInitiative,the City is directedto promptly take allappropriateactionsneeded to implement thisInitiative,includingbut not limitedto takingany administrativestepsnecessaryto update any and allCity ordinances, codes,maps, figures,and any otherdocuments maintained by theCityso theyconform to the legislativepoliciessetforthinthisInitiative.

B. Upon the EffectiveDate of thisInitiative,the provisionsof Section 3 of this InitiativeareherebyinsertedintotheCityCharterassetforthabove.The Citymay reorganize, renumber, and/or reformat the City Charter and City of Newport Beach Municipal Code to incorporateSection3 of thisInitiative,providedthatthe filltextof each provisionisinserted intothe CityCharterwithoutalteration.

C. The City Charterand Cityof Newport Beach MunicipalCode in effecton the date of filingof the Notice of Intentionto CirculatePetition("FilingDate"),and the City Charterand CityofNewport Beach MunicipalCode as amended by thisInitiative,comprise an integrated,internallyconsistentand compatiblestatementof policiesforthe City.To ensure thatthe City Charterand City of Newport Beach Municipal Code and otherCity policiesand plansremain an integrated,internallyconsistent,and compatiblestatementof policiesforthe City,any provisionof the City Charteror City of Newport Beach Municipal Code thatis adopted between theFilingDate and theEffectiveDate of theCityCharteramendment adopted by thisInitiativeshall,to the extentthatsuch interim-enacted provisionisinconsistentwith or would diminish,renderinvalid,defeat,or impairtheCity Charteramendment adoptedby this Initiative,be amended as soon as possibleand in the manner and time requiredby applicable law to ensureconsistencywith thisInitiative.

Section 5. Effect of Other Measures on the Same Ballot.

If this Initiative and another measure on the same subjectmatterappearon thesame ballot, and a majorityofthevotersvoteinfavorofbothmeasures but thisInitiativereceivesmore votes than the other measure, this Initiativealone shall become valid,binding and adopted in its entirety,and the othermeasure shallbe nulland void in itsentirety.Ifa majorityof thevoters 35 101
vote in favor of both measures but this Initiative receiveslessvotesthantheothermeasure,only those provisionsof the othermeasure thatare in directand irreconcilableconflictwith the provisionsof thisInitiativeshallcontrol,and allotherprovisionsof thisInitiativeshallbecome valid,bindingand adopted.The votersexpresslydeclarethistobe theirintent,regardlessof any contrarylanguageinany otherballotmeasure.

Section 6. Interpretation,Severability,and Legal Defense.

A. This Initiativemust be interpretedso astobe consistentwith allfederaland State laws,rules,and regulations.Ifany section,sub-section,sentence,clause,phrase,part,orportion of this Initiative is held to be invalid or unconstitutional by a finaljudgment of a courtof competent jurisdiction,such decisiondoes not affectthe validityof the remainingportionsof thisInitiative.The votersdeclarethatthisInitiative,and each section,sub-section,sentence, clause,phrase,part,or portionthereof,would have been adoptedor passedirrespectiveof the factthatany one or more sections,sub-sections,sentences,clauses,phrases,parts.or portions arefound tobe invalid.Ifany provisionof thisInitiativeisheld invalidas appliedtoany person or circumstance,such invaliditydoes not affectany applicationof thisInitiativethatcan be given effectwithoutthe invalidapplication.Ifthereisany conflictbetween thisInitiativeand otherapplicablelaw,thisInitiativeshallcontrol,totheextentconsistentwith applicablelaw.

B. Ifany portionofthisInitiativeisheldby a courtof competent jurisdictionto be invalid,we the People of the City of Newport Beach indicateour strong desirethat:(i)the Newport Beach CityCouncil use itsbesteffortsto sustainand re-enactthatportion,and (ii)the Newport Beach City Council implement thisInitiativeby takingallstepspossibleto cureany inadequaciesor deficienciesidentifiedby thecourtina manner consistentwith theexpressand impliedintentof thisInitiative,includingadoptingor reenactingany such portionin a manner consistent with this Initiative.

C. This Initiativemust be broadlyconstruedin ordertoachievethepurposesstated above. It is the intentof the votersthatthe provisionsof thisInitiativebe interpretedor implemented by the City and othersin a manner thatfacilitatesthe purpose setforthin this Initiative.

D. The PeopleoftheCityof Newport Beach desirethatthisamendment tothe City Charter,ifapproved by thevotersand thereafterchallengedincourt,be defendedby theCity.

The People,by approvingthisCityCharteramendment, herebydeclarethattheproponent(s)of thisCity Charteramendment have a directand personalstakeindefendingitfrom constitutional or statutorychallengesto itsvalidityor implementation.In theeventtheCityfailsto defend this City Charter amendment, or the City failsto appeal an adverse judgment against its constitutionality,statutorypermissibilityor implementation,inwhole or inpart,inany courtof law,theproponentsshallbe entitledto asserttheirdirectpersonalstakeby defendingitsvalidity and implementationinany courtoflaw,shallbe empowered by thePeoplethroughthismeasure to actas agentsof the People,and shallbe entitledto recoverreasonableattorney'sfeesfrom 36 102
Section7. Amendment or Repeal.

The CityCharterasamendedand adoptedby Section3 ofthisInitiativecanbe amended or repealedonlyby a majorityofthevotersoftheCityvotingin an electionheldin accordance withapplicableStateand Citylaw.For theavoidanceofdoubt,thisSectiononlylimitsthepower to amend theCityCharterprovisionsas amended and adopted by Section3 and does not limit __. .thepower-ofthe-Cityto-amendor repeal-other--portionsof he-City-Charteror CityofNewport Beach MunicipalCode ina manner thatisconsistentwith thisInitiativeand otherapplicable law.

Section S. Judicial Enforcement.

Any aggrievedperson shallhave the rightto bringan actiontoenjoinanyviolationofthis Initiativeortoenforcethedutiesimposed on theCityby thisInitiative.The proponentsofthis Initiativemay defendtheprovisionsof thisInitiativeinany litigationbroughttochallengethe Initiative.Any member of the publicwho prevailsin a lawsuitto enforceany portionof this Initiativeshallbe entitledto recoverreasonablyincurredlegalfeesand costs. r
37 103
RESOLUTION NO. 20 26-82

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 SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3,
2026, AND ESTABLISHING THE FILING DEADLINE FOR

THE FILING OF THE IMPARTIAL ANALYSIS AND

WRITTEN ARGUMENTS FOR AND AGAINST THE

INITIATIVE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of Newport Beach, California (“City”) on November 3, 2026, 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?
Ye
s
No
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
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W
HEREAS, 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 2: T he proponents of the initiative measure may file an argument for, the initiative measure, 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. The City Council hereby authorizes _________________, __________________, and ________________ to file a written argument against the measure.

Section 3: T he arguments for or against the initiative measure may be filed, changed or withdrawn until 5:00 p.m. on September 11, 2026, 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).

Section 4: 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 5: 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.

Section 6: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

S
ection 7: 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. 105
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S
ection 8: In the case of City of Newport Beach et al. v. Newport Beach Stewardship Association, et al. , Orange County Superior Court Case No. 30- 2026- 01559183, a writ was issued on September 2, 2026, compelling the City Council to “[t]ake all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process.” To avoid an argument that the City Council’s action to call the election or adopt this resolution is “voluntary compliance” with the writ issued on September 2, 2026, the City Council finds that it is being compelled to take the action calling the election for the initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the writ concerning the election at which the initiative is to be considered and places the initiative on the November 3, 2026, ballot. The City Council’s action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court’s ruling.

Neither the City or City Council waives any claim, defense, objection, argument, appellate right, or request for relief arising from or relating to the City Council’s compelled compliance with the writ including, any appellate proceeding in Orange County Superior Court Case No. 30- 2026-01559183 or Case No. 30- 2026-01580961 ( City of Newport Beach et al. v. Robert Page, in his Official Capacity as Registrar of Voters, et al .).

Furthermore, the City Council finds and declares that the adoption of this resolution is being compelled by the writ and that the City Council does not waive or release any and all arguments that it has the legislative discretion to call an election for another date and time in accordance with the Elections Code. Similarly, the City Councill does not waive any other argument or legal theory including, but not limited to, whether the proponent’s complied with the publication and posting requirements for this measure or whether the measure violated the single subject rule. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

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. 106
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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.

Section 12: The City Council hereby repeals all resolutions in conflict herewith including City Council Resolutions Nos. 70, 71, and 72. 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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
A-- c rr� I Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
107
AND
RESOLUTION NO. 2026-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, REQUESTING

THAT THE COUNTY OF ORANGE AND THE ORANGE

COUNTY REGISTRAR VOTERS PROVIDE OF

SPECIFIED ELECTION RECORDS, INFORMATION,

SERVICES, ACCESS, COORDINATION
NECESSARY TO CONDUCT THE CITY'S NOVEMBER 3,
2026, STANDALONE SPECIAL MUNICIPAL ELECTION
WHEREAS, the City of Newport Beach ("City") will conduct a separate, standalone special municipal election on November 3, 2026 ("Special Municipal Election"), for the purpose of submitting three City initiative measures to the qualified voters of the City;
WHEREAS, the Special Municipal Election will be administered under the authority and supervision of the City Clerk, as the City's elections official, with the assistance of qualified election consultants, vendors, temporary election personnel, and other people authorized by the City;
WHEREAS, the Special Municipal Election will be separate and distinct from the election being administered by the Orange County Registrar of Voters ("Registrar") on November 3, 2026, and the City intends to perform or arrange for the performance of ballot preparation, ballot production, ballot issuance and mailing, ballot processing, voting-system equipment, tabulation, canvass, and general election administration for the Special Municipal Election;
WHEREAS, although the City will administer the Special Municipal Election separately, the City does not independently possess or maintain all voter-registration records, voter signature records, military and overseas voter information, continuing voter-registration updates, confidential-voter information, and other election information necessary to administer the Special Municipal Election; WHEREAS, certain records, information, systems, access, and coordination necessary for the accurate and lawful administration of the Special Municipal Election are maintained or controlled by the County of Orange ("County") and the Registrar and cannot be independently created or reliably replicated by the City, its election consultant, or its election vendors;
WHEREAS, the City requires current and continuing voter-registration information to identify the qualified electors entitled to vote in the Special Municipal Election and to account for registrations, cancellations, address changes, status changes, and other voter-record changes occurring before and during the election; 108
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WHEREAS, the City requires current military and overseas voter information, including voter status and applicable ballot -delivery information, to timely prepare and issue ballots and election materials to eligible military and overseas voters; WHEREAS, the City’s administration of the Special Municipal Election also requires lawful access by City -authorized election personnel to voter signature records and other qualifying signed election records necessary to perform ballot signature verification, additional review, and signature-curing functions; WHEREAS, a voter -registration file alone does not provide the City with the signature-record access necessary to perform those functions, and the City therefore requires an operational means of obtaining lawful and secure access to the applicable signature records throughout ballot processing and canvass; WHEREAS, additional coordination with the Registrar may be necessary concerning confidential and protected voters, conditional or provisional registration and voting, replacement and superseded ballots, misdirected ballots and election documents, voter participat ion records, voter -file corrections, and other matters that may arise because the City and County will be conducting separate elections involving the same City electorate on November 3, 2026;
WHEREAS, California Elections Code Section 10002 authorizes the governing body of a city, by resolution, to request that the county board of supervisors permit the county elections official to render specified services to the city relating to the conduct of an election, subject to approval by the board of supervisors; WHEREAS, the City Council desires to request each service, record, information source, access method, and form of coordination described in Exhibit “A” separately so that the County’s ability or inability to provide one requested item does not delay the provision of another item that is otherwise available;
WHEREAS, the City further desires that the County identify which requested items may be provided under existing authority, which require approval by the County Board of Supervisors, the earliest date upon which each requested item can be implemented, any prerequisite or condition to implementation, and any lawful alternative that may be available if the particular method requested by the City cannot be provided; and WHEREAS, nothing in this Resolution is intended to limit or waive the City’s ability to obtain voter-registration records, election records, or other information to which the City Clerk or other authorized City representatives may otherwise be entitled under applicable law independent of the discretionary election services requested herein. 109
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NOW, THEREFORE, the City Council o f the City o f Newport Beach, California, does resolve, declare, determine and order as follows:

Section 1: Pursuant to California Elections Code Section 10002, t he City Council hereby requests that the County of Orange, and the Orange County Board of Supervisors, permit the Orange County Registrar of Voters , as the County’s election official, to render to the City the specified services relating to the conduct of the November 3, 2026,standalone Special Municipal Election that are identified in Exhibit “A,” attached hereto and incorporated herein by this reference, to assist the City in conducting its November 3, 2026, Special Municipal Election.

Section 2: Each item identified in Exhibit “A” is requested separately and independently. The City requests that the availability, authorization, implementation, or delivery of any requested item not be delayed solely because another requested item cannot be provided, requires separate authorization, or remains under consideration. To the extent only a portion of the requested service or category can lawfully or operationally be provided, the City requests that the available portion be provided without delay.

Section 3: Except as specifically identified in Exhibit “A,” the City is not requesting that the County or Registrar conduct the Special Municipal Election on the City’s behalf. The City presently intends to provide or arrange for its own election personnel, consultants, vendors, ballot production, ballot issuance and mailing, voting systems and equipment, ballot processing, tabulation, canvass, and general election administration. The requests contained in this Resolution are intended to obtain those County-controlled records, information, access, services, and coordination necessary to enable the City to perform those functions.

Section 4: Nothing in this Resolution shall be interpreted to condition, limit, delay, or waive the City Clerk’s ability to request or obtain voter -registration information, voter records, or other election information available to the City or its elections official under applicable law independent of the County services requested by this Resolution.

Section 5: The City Clerk is authorized to identify and designate City employees, election consultants, vendors, temporary election personnel, and other qualified persons as authorized City representatives for purposes of receiving, accessing, processing, and using C ounty-provided election information to the extent permitted by applicable law. The City Clerk is further authorized to enter into appropriate confidentiality, security, data-use, access, and similar agreements reasonably required by the County for lawful access to such information.

Section 6: The City Clerk is authorized to establish with the Registrar appropriate secure methods for the electronic or physical transfer of voter information, election records, signature information, ballot records, and other election materials. Such 110
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arrangements may include authorized- user credentials, secure data- transfer methods, file layouts, updating schedules, testing procedures, correction procedures, and reasonable security requirements.

Section 7: Because the Special Municipal Election is already on an extremely compressed schedule, the City requests that the County and Registrar promptly provide a written implementation response for each item identified in Exhibit “A.”

For each requested item, the City requests identification of:

(a) whether the requested item may be provided under existing County or Registrar authority or requires action by the County Board of Supervisors;

(b) the County official or department responsible for implementing the requested item;

(d) any condition, agreement, technical requirement, cost, or other prerequisite to implementation;

(e) the frequency of updates or continuing services, where applicable;

(f) the expected response time for time-sensitive election issues;

(g) a primary and backup contact for operational coordination and an appropriate escalation contact; and

(h) any alternative method or service that may satisfy the City’s election administration need if the specific method requested cannot be provided.

Section 8: The City requests that priority be given to those records, information, access, and coordination necessary to:

(a) establish an accurate initial voter file and continuing update process;

(b) identify and serve military and overseas voters;

(c) establish and test lawful access to voter signature records necessary for ballot signature verification and curing; and
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(d) establish procedures for the transfer and handling of ballots, election documents, voter-record corrections, and other time- sensitive election matters that may arise before the County Board of Supervisors can act on the full request.

Section 9: To the extent any requested record, information source, access arrangement, service, or coordination may lawfully be provided before formal action by the County Board of Supervisors, the City respectfully requests that the County and Registrar make that it em available at the earliest practicable time. If formal Board authorization is necessary for a particular requested service, the City respectfully requests consideration of that item at the earliest lawful opportunity.

Section 10: The City Clerk shall continue to request and obtain voter registration records, updates, and other election records and information available to the City under Elections Code Sections 2183, 2188, 2194, and other applicable law. Nothing in this Resolution conditions access to records or information otherwise available to the City under applicable law upon approval of the discretionary election services requested pursuant to Elections Code Section 10002, waives any right of the Cit y or City Clerk concerning such records or information, or authorizes disclosure or use prohibited by law.

Section 11: This Resolution requests specified County services in connection with the City's separate Special Municipal Election. It does not request consolidation with the County -administered November 3, 2026, election and does not request that the County or Registrar assume general responsibility for conducting the City's Special Municipal Election.

Section 12: The calling of the Special Municipal Election, establishment of election procedures, appropriation of funds, and authorization of City election consultant and vendor agreements are addressed through separate actions of the City Council or other applicable City authority. This Resolution requests specified County services and does not independently amend the election date, establish the method by which the Special Municipal Election will be conducted, or modify any court order.

Section 13: Pursuant to Elections Code Section 10002, unless other arrangements satisfactory to the County are made, the City shall reimburse the County in full for the services performed pursuant to this Resolution upon presentation of a bill to the City. The City Clerk and City Manager are authorized to execute such agreements and take such administrative actions as may be necessary to implement services approved by the Orange County Board of Supervisors.

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Section 14: The City Attorney is authorized to confer with County Counsel and other appropriate County officials concerning the legal authority, timing, scope, and implementation of the requests contained in this Resolution and Exhibit “A,” and to take such further legal action as may be appropriate concerning access to necessary County- controlled election records, information, systems, or services.

Section 15: The City Clerk is directed to transmit a certified copy of this Resolution and Exhibit “A” immediately following adoption to the Clerk of the Orange County Board of Supervisors, the Orange County Registrar of Voters, Orange County Counsel, and such other County officials as may be appropriate.

Section 16: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 17: In the case of City of Newport Beach et al. v. Newport Beach Stewardship Association, et al. , Orange County Superior Court Case No. 30- 2026- 01559183, a writ was issued on September 2, 2026, compelling the City Council to “[t]ake all steps necessary to hold a general municipal election for the Initiatives on November 3, 2026, whether run directly by the City or through a consolidated election process.” To avoid an argument that the City Council’s action to call the election or adopt this resolution is “voluntary compliance” with the writ issued on September 2, 2026, the City Council finds that it is being compelled to take the action calling the election for the initiative and associated actions. The trial court has stated its intention to hold the City and City Council in contempt should the City Council fail to put the initiative on a ballot for November 3, 2026. Believing itself to be compelled to vote to place the initiative on the ballot upon threat of contempt, the City Council exercises only the discretion afforded to it by the writ concerning the election at which the initiative is to be considered and places the initiative on the November 3, 2026, ballot. The City Council’s action does not constitute voluntary acquiescence in or acceptance of the correctness or validity of the court’s ruling.

Neither the City or City Council waives any claim, defense, objection, argument, appellate right, or request for relief arising from or relating to the City Council’s compelled compliance with the writ including, any appellate proceeding in Orange County Superior Court Case No. 30- 2026-01559183 or Case No. 30- 2026-01580961 ( City of Newport Beach et al. v. Robert Page, in his Official Capacity as Registrar of Voters, et al .).

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complied with the publication and posting requirements for this measure. The City and City Council expressly reserve all such remedies and finds there is no intention to render any part of any appeal moot.

Section 18: 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 19: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

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.

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Resolution No. 2026-

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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 11th day of September, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY( OFf ( --
A p
City Attorney
Lauren Kleiman
Mayor
Attachment A - Exhibit "A" Requested for Services - Elections Code Section 10002 115

EXHIBIT A

REQUESTED COUNTY ELECTION SERVICES AND COORDINATION
NOVEMBER 3, 2026, CITY OF NEWPORT BEACH SPECIAL ELECTION Purpose and Scope
The following requests concern the City's separate election on the three City Charter initiative measures. The City will arrange its own election operating personnel and vendors.

The City does not request County ballot design, printing, mailing, tabulation , equipment operation, or general administration of the City special election through this Exhibit.

Existing County files, exports, systems, and procedures may be used where they meet the identified need. The City and its providers will perform necessary conversion and processing of delivered data. Any alternative method must provide the information or access needed to complete the applicable election function lawfully and on time.

1. Voter Registration File and Updates.

Provide the current Newport Beach voter registration file and necessary supplements or replacement files, including information lawfully available to the City to identify eligible voters, determine registration status, issue ballots, contact voters, and reconcile election records.

Provide available residence and mailing addresses , precinct identifiers , registration and address changes, cancellations, and other relevant status changes. Include record identifiers that may lawfully be supplied and used to associate records across the City's authorized systems.

Establish an update schedule supporting initial ballot issuance, the general mailing , subsequent registrations and changes through Election Day, and eligibility determinations during the canvass.

The update process shall include a method for identifying voters who become eligible to vote in the City election after preparation of the general mailing file and for providing the City with information necessary to issue ballots to those voters.

A file already delivered need not be duplicated unless an update or correction is necessary.

2. Military and Overseas Voter Information.

Provide the military and overseas voter information maintained by the County for Newport Beach voters, including UOCA VA status, preferred ballot-delivery method , and the mailing or electronic delivery information lawfully available for that purpose. 1 116
Provide the ex1stmg file layout and relevant field definitions . Establish a method for communicating subsequent requests, status changes, and delivery-information updates pertinent to the City election.

Complete the initial delivery on a schedule that allows the City and its providers to validate the records and prepare issuance for the City's planned September 18, 2026, military and overseas ballot distribution.

3. Lawful Signature-Record Access.

Establish a legally permissible means for the City's authorized election personnel to access the signature exemplars needed to perform signature verification and cure review under Elections Code Section 3019.

The arrangement should include available qualifying signatures within the voter's registration record, including relevant prior registration records and other qualifying signed election forms, together with subsequent updates needed during processing and the canvass .

The arrangement shall also address the manner in which signatures submitted by voters on cure statements or other qualifying documents will be made available or associated with the applicable voter and ballot record as necessary to complete the cure process .

The County and City shall determine the permitted delivery or viewing method , including whether authorized access through GEM or another secure method can be used. Any copying, storage, or transmission must be expressly permitted by applicable law and the approved access arrangement.

The City requests written confirmation of the lawful access method , authorized users, and activation date before its planned September 18, 2026, military and overseas ballot issuance, allowing sufficient time for the City and its providers to evaluate operational compatibility . Access must be operational in time to perform required signature verification and cure review and remain available through the applicable canvass work.

If the County cannot confirm that arrangement within the requested timeframe, the City requests prompt written identification of the unresolved approval, legal, or technical issues and any available alternatives . Signature access remains part of this request while the City Attorney pursues any necessary earlier agreement or judicial direction.

This item requests access for City-authorized reviewers; it does not request that County personnel perform the City's signature-verification operation.

4. Language, Accessibility, and Confidential-Voter Information.

Provide existing information lawfully available to the City identifying voter language preferences and applicable geographic language-assistance designations. 2 117
Identify any existing accessibility-related ballot-delivery requests relevant to the City election that may lawfully be shared and establish a referral procedure for applicable requests subsequently received by the County.

For voters whose infonnation is protected from disclosure , establish an authorized method for the City to fulfill ballot-issuance , voter-contact , and eligibility-verification responsibilities without exposing protected information. Where direct disclosure is prohibited, identify a lawful alternative delivery or contact procedure.

The City will arrange its own translation, accessible voting services, and production of election materials.

5. Registration and Eligibility Coordination.

Establish a procedure for communicating new registrations, registration corrections , address changes, and other eligibility information needed for the City election.

Identify how the City's authorized personnel may obtain County record verification necessary to resolve conditional registration, provisional ballot, duplicate-registration, and similar eligibility questions.

The procedure shall identify how registration and eligibility information received or processed after preparation of the City's general mailing file will be communicated to the City in sufficient time for the City to provide an eligible voter an opportunity to vote in the City election.

Establish the routing of registration documents and corrections received by the City to the County officials responsible for maintaining the registration record.

6. Separate Election Activity and Participation Records.

Establish procedures to keep the City's ballot issuance, return, and participation records distinct from records for the County-administered election.

Coordinate any necessary information exchanges so that participation in one election is not treated as participation in the other.

Identify the format and procedure for the City to transmit its final voter-participation information to the County and for the County to accept and record that information as applicable.

The coordination procedures shall also address replacement-ballot issuance and related status changes so that the City can identify superseded ballots , reconcile returns, and prevent more than one City ballot from being counted for the same voter without affecting that voter's separate participation in the County-administered election. The City and its providers will maintain the City's replacement-ballot records.
3 118

7. Misdirected Ballots and Election Documents.

Establish a reciprocal procedure for identifying , safeguarding, documenting , and transferring City ballots received through the County's existing mail, office, Vote Center, or drop-box operations, and County ballots received at City election locations.

The procedure shall specifically address City ballots deposited by voters in County ballot drop boxes or delivered to County Vote Centers on or before Election Day, including the frequency with which such ballots will be identified and made available for transfer to the City and the preservation of information necessary to determine timely return.

The procedure shall address preservation of envelopes , postmarks and receipt information; secure storage; notification of the appropriate election administrator; authorized pickup or delivery; transfer logs; and applicable receipt and processing deadlines.

The City will arrange authorized personnel to collect City materials from an agreed County location and deliver County materials to the designated County location.

The procedure shall also address misdirected City signature-cure statements, ballot requests, and other time-sensitive election documents.

8. Existing Precinct and Geographic Records.

Provide available Newport Beach precinct identifiers , boundary files, maps, and related existing geographic information that can assist the City in confirming the voter universe and organizing its election operation.

The City and its providers will develop any City-specific precinct consolidations or assistance location arrangements. The County is not requested to create a new consolidation plan.

Existing geographic records are requested where available; a County-created consolidation plan is not a condition of the City's other requests.

9. Secure Transfers and Limited Technical Coordination.

Identify County contacts for voter-file delivery and updates, signature access, registration questions , and ballot transfers .

Establish secure delivery or access methods and provide existing file descriptions and field definitions. Coordinate initial access testing and correction of missing or inconsistent source records.

The City's providers will perform their own system configuration, data conversion, and election administration. This request does not require the County to develop a new election-management system or custom software integration .
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The parties shall document authorized users, permitted uses, security controls, incident reporting, and appropriate disposition or retention of records .

10. Optional Voter-Information Assistance.

This request is not necessary for the City's ability to conduct the Special Municipal Election and is expressly subordinate to the essential requests in Items 1 through 9.

If operationally acceptable to the County, permit City-funded, information-only election personnel at agreed locations associated with County Vote Centers in Newport Beach, and permit County approved factual instructions directing voters to the City election's information and assistance resources.

Location, hours, signage, access, and conduct shall be subject to County approval. These personnel would explain the separate City election and direct voters to appropriate assistance; they would not administer voting operations.

This item is optional and independently severable. Its denial should not delay consideration or delivery of the other requested items.

11. Implementation Schedule.

The City Clerk and Registrar shall promptly establish the delivery dates and operating procedures for approved items.

The initial voter and UOCA VA information must support preparation for the City's planned September 18 issuance. Signature access must be available before signature-verification work begins. Ballot-transfer procedures must be established before voters begin returning City ballots through potentially overlapping return channels.

Recurring data access and coordination shall continue as needed through the applicable ballot receipt, cure, and official canvass periods. The City requests that any inability to meet an agreed requirement be communicated promptly, together with any lawful and operationally workable alternative.

The written implementation schedule shall distinguish functions essential to lawful and timely election administration from optional assistance and identify the date each function is needed. It shall specify the frequency of voter-file updates, agreed response times for routine and time sensitive requests, and an escalation contact when a delay could affect ballot issuance, eligibility review, signature curing, or ballot transfers.

The City requests that initial voter information, confirmation of signature access, and arrangements needed for early ballot returns receive priority. The optional voter-information assistance request shall be considered separately.
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12. Partial Availability; Independent Requests.

Each requested item and each reasonably severable component of a requested item 1s independently requested.

If the County determines that it cannot lawfully or operationally provide a requested item in the manner described, the City requests that the County provide any portion of the requested item that can be provided and promptly identify any lawful and operationally workable alternative .

The inability or lack of authority to provide one requested item or component shall not delay implementation of another requested item or component that can lawfully and operationally be provided.

Acceptance by the City of a partial or alternative service does not constitute withdrawal of any remaining request.
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Newport Beach City CouncilSeptember 11, 2026

Newport Beach City Council
September 11, 2026