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
Resolution No. 2026-
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 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.
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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.
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 . 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.
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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. 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