City Council update on Brown Act demand letter

Yesterday, the City Council considered the Brown Act demand letter related to the City’s recent “Safety Enhancement” action in closed session. The Council did not report anything out of closed session on that agenda item.

Because closed-session discussions are confidential, we don’t know what was discussed. However, when there is no report-out, it typically means the Council did not take a reportable final action in closed session. At this point, the next public signal will be whether the City chooses to respond in writing to the demand letter or takes any follow-up action on a future agenda.

Under the law, they have 30 days to respond (in writing) to a Brown Act complaint that they either intend to “Cure & Correct” the violation, or that they do not intend to do so. If they do not respond, they are assumed to be stating that they believe they have no violation to correct. At that point, the sender of the letter has 15 days to file a Brown Act lawsuit.

NBSTRA will continue monitoring this closely and will keep members informed as developments occur. Our focus remains the same: supporting a transparent process, clear public notice, and meaningful stakeholder input — including from the STLP community — so we can work collaboratively with the City toward the shared goal of a safe and welcoming Newport Beach, especially during high-activity holiday periods.

If you have questions or would like to share relevant information you’re hearing, please let us know. We’ll provide another update as soon as there is something concrete to report.