As Judge Bancroft roars again, the city could face a $1.5 million-plus bill if required to conduct its own November 3 election
You ask, what’s the latest? Well, chances are if you’re in Newport Beach we’re somewhere between a Judge Bancroft Beat-Down and a “Can We Be Stupid Enough to Appeal this Thing Again” period of time.
Or so it seems.
We’ve been down this road several times this week and there’s no indication that the council majority is getting ready to slow down those efforts.
Wouldn’t you think, at some point, someone other than Robyn Grant or Michelle Barto might put their hands up or say something like, “Maybe it’s time we forget this charade” or “I fold,” using some poker parlance; maybe even, “Let’s punt, it’s fourth down and long!” now that we’re in football season.
But no.
It’s certainly not going to come from the law firm Rutan & Tucker that’s representing the city and making a gazillion dollars – your gazillions of dollars.
Okay, maybe not a gazillion, but a lot!
Now to make matters worse, in Judge Bancroft’s most recent display of ultimate dominance (yes Lauren, she is the most powerful woman in the room), the city was ordered 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.”
Oh, that’s interesting – what does she mean by “the city or through a consolidated election?”
Here you go. The OC Registrar of Voters has said the three initiatives cannot be added to the county-administered November 3 consolidated election at this late stage. And, so, if the court’s order remains in force and the election cannot be consolidated with the county, the city could be required to conduct its own stand-alone General Municipal Election on November 3.
Hey Gertie in the Cashier’s Office, ring up potentially more than $1.5 million of residents’ money, with city staff preliminarily estimating that the cost could approach or exceed $2 million.
Oh, to live in Newport Beach, where there’s so much money that it spills over like no one cares.
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And even though that’s what Judge Bancroft ordered this week, the city countered. Yesterday (Thursday), City PIO Georgia Rios issued the following statement:
“Yesterday, the Orange County Superior Court issued a writ directing the City of Newport Beach to take all necessary steps to hold an election on three citizen-sponsored initiatives on November 3, 2026.
The court’s order presents a conflict with State law and City Charter requirements governing election consolidation, as the Orange County Registrar of Voters previously determined that the initiatives cannot be added to the County-administered November ballot.
The City has filed an appeal and is asking the Court of Appeal to immediately stay the order until after its consideration of the appeal.”
Meanwhile, City Clerk Lena Shumway at the same time submitted a declaration to the court in which she made the following arguments: as of September 1, there were only 63 calendar days until November 3; the OC Registrar of Voters has advised that the three measures cannot be added to the November 3 consolidated election at this late stage; the city has not conducted a stand-alone election for approximately 44 years; the City Clerk’s Office lacks the trained personnel and election infrastructure necessary to independently conduct an election; election consultants and vendors are not readily available.
Oh, as I’ve said before, it’s something about weaving a tangled web.
It would be surprising if what Lena was saying above was new, but Judge Bancroft has repeatedly criticized delays in the city’s handling of the initiatives, so will she really be surprised?
I think not.
I even thought about the “lacking staff argument.” Maybe it’s time the council majority found out what hanging chads are all about!
More, I expect to come.
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On another issue in town, the debate as to where to consider putting a new Newport Beach Police Station drew opposition earlier this week from the Sierra Club’s Orange County Conservation Committee, part of its Angeles Chapter, over putting it in the park.
The following letter was delivered to members of City Council, the Police Station Advisory Committee, Deputy City Manager Ben Zdeba and the City Clerk’s office:
“As an organization dedicated to protecting Orange County’s natural resources for present and future generations, the Sierra Club Orange County Conservation Committee urges the City of Newport Beach to abandon any proposal to locate its police headquarters within Civic Center Park and instead pursue a viable alternative site that would prevent any permanent damage and fragmentation of this remarkable public landscape.
“Civic Center Park represents far more than landscaped open space or a showcase for the “Bunnies.” It is the product of years of thoughtful planning, substantial public investment, and careful ecological restoration, and it is a source of pride and joy for Newport Beach residents and visitors. The park was intentionally designed to integrate civic architecture with natural habitat, preserving native coastal sage scrub, freshwater marsh, riparian vegetation, and wetlands while creating one of Southern California’s most distinctive civic landscapes. In other words, it is irreplaceable.
“The park is ecologically vulnerable precisely because it is isolated within an urban environment. Habitat fragmentation, altered hydrology, increased lighting, noise, grading, and expanded human disturbance all carry radiating consequences that extend well beyond a project’s physical footprint. Once these ecological functions are diminished, they cannot simply be recreated elsewhere, as was determined during the original Civic Center relocation, leading to the protection and preservation of this area.
“Beyond the animal and plant ecology, human quality of life is an integral part of the park’s importance. Over the years, the Civic Center Park has become a place for:
–Families to take photos together
–Artists to display their work
–Civic Center employees to unplug and return refreshed
–Friends to meet
–And for neighbors to feel connected to their community
“These activities have intrinsic value – particularly in the center of a highly urban area. The mental health and social impacts of the proposed demolition must not be overlooked.
“Civic Center Park has become one of Newport Beach’s defining public spaces; a place where residents of all ages experience nature in the heart of the city. Its sculptures, trails, restored habitat, and open space reflect a civic vision developed over decades with significant public participation. That vision and investment deserves respect.
“Before sacrificing protected open space, the City has an obligation to conduct a transparent, objective comparison of all feasible alternatives, supported by complete environmental analysis and meaningful public participation. This means expanding the site search beyond only one or two locations, and committing to a broad and objective search, rather than focusing only on the Park site.
“California’s environmental laws exist precisely to ensure that irreplaceable public resources are not lost. The City should not continue advancing a proposal that unnecessarily places this public park and its sensitive natural resources at risk without demonstrating that no feasible alternative exists. The City should maintain full compliance with California environmental law.
“We respectfully request that the Newport Beach City Council restore public confidence through a transparent analysis of alternatives and commit to locating the police headquarters on a site that meets the City’s operational needs while preserving one of Newport Beach’s most significant civic, social, and ecological assets.
“Future generations deserve both a safe city and a protected Civic Center Park. Newport Beach is capable of delivering both.”
Orange County Conservation Committee
Sierra Club, Angeles Chapter
The Sierra Club is an American environmental organization founded in 1892 by preservationist John Muir.
The organization is one of the first large-scale environmental preservation organizations in the world.
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Newport Beach District 1 Councilmember and past Mayor Joe Stapleton will host a Town Hall Meeting at Marina Park on Monday, Sept. 14 at 6 p.m.
Joining Councilmember Stapleton, who is in a campaign for re-election, will be representatives for the Newport Beach Police Department.
The focus of the Town Hall will be on public safety and reviewing the City’s response to the July 4 issues on the peninsula.
Residents are encouraged to attend, ask questions and share feedback.
For more info, call 949.644.3002.
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B-t-w, this is somewhat of a footnote: at yesterday’s Newport Beach Chamber of Commerce Candidates Forum, during a particularly fast-paced or rapid-fire part of the questioning, where candidates hold a thumb up or thumb down to each question, or something like that, candidate Andy Gerken said he inadvertently gave the wrong response to a question on rent control.
Andy told me, in order to clarify the issue, “At the forum today I inadvertently put my paddle up with a ‘thumbs up’ as if I supported rent control. I meant to put it ‘thumbs down.’ To be clear, I do NOT support rent control.”
Heck, I get it. People make mistakes…it’s not like he’s a doctor in an operating room! Okay, maybe he is but not in this case, and you get my point.
