Cities Index.
Attachment F - Resolution Calling and Consolidating the November 3, 2026 General Municipal Election

Newport Beach City Council
November 18, 2025

Document
Attachment F - Resolution Calling and Consolidating the November 3, 2026 General Municipal Election
Meeting
November 18, 2025
Body
Newport Beach City Council
Pages
5
Original file
5.6 MB
Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CALLING FOR

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

MEASURE PROPOSING TO AMEND THE LAND USE
ELEMENT OF THE CITY’S GENERAL PLAN AND

REQUESTING THE ORANGE COUNTY BOARD OF

SUPERVISORS CONSOLIDATE THE GENERAL

MUNICIPAL ELECTION WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE SAME
DATE
WHEREAS, Section 1003 of the Charter of the City of Newport Beach (“City Charter”) states that the provisions of the Elections Code of the State of California (“ElectionsCode”), as the same now existor hereaftermay be amended, which governs initiatives,shallapply to the use thereof in the City of Newport Beach (“City”)so far as such provisions of the Elections Code are not inconflictwith the provisions of the Charter; WHEREAS, on April30, 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 initiativetitledthe Responsible Housing Initiative (“Initiative”);
WHEREAS, on May 15, 2025, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the Initiativewith the following ballottitle;“Initiativeto Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate- Income Households”;
WHEREAS, on November 18, 2025, certificationwas presented to the City Council that not less than ten percent of the registered voters of the City signed the petitionforthe Initiative;
WHEREAS, pursuant to Elections Code Section 9215, ifan initiativepetitionis signed by not less than ten percent of the registeredvoters of a city,that cityshalleither adopt the proposed initiative,submit the proposed initiativeto the voters,or order a report pursuant to Elections Code Section 9212;
WHEREAS, pursuant to Elections Code Section 1405(a), a municipal initiative that qualifiesfor submission to the voters shallbe submitted to the voters at the next regularelectionoccurring not less than 88 days afterthe date of the order of election;

ATTACHMENT F
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Resolution No. 2025-

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WHEREAS, pursuant to Charter Section 1000, a General Municipal Election shall be held in the City of Newport Beach on the firstTuesday after the firstMonday of November in each even-numbered year forthe electionof officers and for such other purposes as the City Council may prescribe;and
WHEREAS, pursuant to Charter Sections 1000, 1002, and 1003 and Elections Code Sections 9215 and 1405(a),the CityCouncil of the City of Newport Beach desires to calland give notice of a General Municipal Electionto be held on Tuesday, November 3,2026, forthe purpose of submittingtothe registeredvoters ofthe Cityof Newport Beach an initiativemeasure proposing to amend the Land Use Element of the City’sGeneral Plan.

NOW, THEREFORE, the City Council of the City of Newport Beach, California does resolve, declare, determine and order as follows;
Pursuant to Charter Sections 1000, 1002, and 1003 and Elections Code Sections 9215 and 1405(a), there is hereby calledand ordered to be held in the Cityof Newport Beach, California,on Tuesday, Novembers, 2026, a General Municipal Electionforthe purpose ofsubmittingtothe registeredvoters ofthe Cityof Newport Beach an initiativemeasure proposing to amend the Land Use Element of the City’sGeneral Plan, as provided for in this resolution.

Section 1:

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

MEASURE

CITY OF NEWPORT BEACH GENERAL PLAN -

AMENDMENT
Yes
Shall the measure to amend the City of Newport Beach’s
General Plan Land Use Element allowing 2,900 new affordable housing units(2,160 reserved forextremely low-,very low-, and low-income households; and 740 for moderate-income
households) with densitiesof 20 - 50 dwelling units per acre, plus State of Californiaallowed housing density bonuses, in Dover/Westcliff (174), Newport Center (870), West Newport Mesa (406), AirportArea (929), and Coyote Canyon (521), be adopted?
No
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Resolution No. 2025-

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The text ofthe Initiativeand proposed amendment to the Land Use Element (PolicyLU 4.4) of the City’sGeneral Plan is attached hereto as Exhibit 1 and incorporated herein by thisreference.

Section 3:

Section 4:
(50% +1) of the votes cast.

The vote requirement for the ballotmeasure to pass is a majority Section 5:
required by law.

The ballots to be used at the election shall be In form and content as Section 6: The City hereby requests, pursuant to Elections Code Section 10403, that the Orange County Board of Supervisors consent and agree to the consolidationof the City’sGeneral Municipal Electionwith the Statewide General Election to be held on Tuesday, November 3, 2026, forthe purpose of submittingto the registered voters of the Cityof Newport Beach an initiativemeasure proposing to amend the Land Use Element of the City’sGeneral Plan.

The City recognizes that additionalcosts willbe incurred by the County of Orange by reason of consolidation,and the Cityagrees to reimburse the County of Orange forsuch costs.

Section 7:

The CityClerk isauthorized,instructed,and directedto contract with the County of Orange to procure and furnishany and allservices, officialballots,notices, printed matter and allsupplies,equipment, and paraphernalia that may be necessary to properly and lawfullyconduct the election.

Section 8:

Section 9: In accordance with the provisions of law governing Statewide General Elections,includingElectionsCode Section 10418, the precincts,ballotdrop box locations and hours of operations, vote center locations and hours of operations, vote-by-mailprocedures and timing,the electionofficers,and allother services, staff,and procedures forthe General Municipal Election shallbe the same as those utilizedby the County of Orange and in compliance with the Elections Code of the State of California.

Section 10: In allparticularsnot recited in this resolution, the election shall be held and conducted as provided by law forthe holding municipal elections.

Section 11: Notice of the time and place of holding the election isgiven and the City Clerk isauthorized, instructed,and directed to give furtheror additional noticeof the election, the time, and in the form, and manner as required by law.

Section 12: The City Clerk shall certifythe passage and adoption of this resolutionand enter itintothe book of originalresolutions. 17-42
Resolution No. 2025-

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Section 13; The CityCouncil authorizesthe CityClerkto administer said election and allreasonable and actual electionexpenses shallbe paid by the City of Newport Beach upon presentationof a properlysubmitted bill.

Section 14: The Orange County Elections Officialis hereby authorized to canvass the returns of the General Municipal Election.

Section 15; The City Clerk shall receive the canvass from the Orange County Elections Officialas itpertains to the Initiativeand shalltimely certifythe resultsto the City Council in accordance with law.

Section 16: Ifthe voters approve the Initiative,the amendment to the Land Use Element of the General Plan shallbe adopted as of the date thatthe vote isdeclared by the City Council and shallgo into effect10 days afterthat date in accordance with ElectionsCode Section 9217 or as otherwise required by law.

Section 17: The City Clerk shall deliver certifiedcopies of this resolution, including the fulltext of the measure attached hereto as Exhibit 1, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrarof Voters.

Section 18; The recitalsprovided in this resolution are true and correct and are incorporated intothe operative partof thisresolution.

Section 19: If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityof the remaining portionsof thisresolution.The City Council hereby declares that itwould have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional.

Section 20: The City Council findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter-sponsored initiativeisa ministerialduty required by ElectionsCode Section 9215, and istherefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activitydoes not involve the exercise of discretionarypowers by a public agency), 15060(c)(3) (the activityis not a projectas defined in Section 15378), and 15060(c)(2) (the activitywill not result in a direct or reasonably foreseeable indirectphysical change in the environment) of the CEQA Guidelines,CaliforniaCode of Regulations, Title14, Division6, Chapter 3. 17-43
Resolution No. 2025-

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Section 21: This resolutionshalltake effectimmediatelyupon itsadoption by the CityCouncil,and the CityClerk shallcertifythe vote adopting the resolution.

ADOPTED this18th day of November, 2025.

Joe Stapleton
Mayor
ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY/^TTORNEY’S OFFICE
Harp
CityAttorney
Attachment: Exhibit1 - Responsible Housing Initiative
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INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The PeopleoftheCityofNewport Beach do herebyordainas follows:

Section 1. Title
This initiativemeasure shallbe known as the"Responsible Housing Initiative”(the'‘Initiative”).

Section 2. Purpose and Findings.

Purpose. ThisInitiativeseeksto balanceresponsibleurban developmentwith protecting theenvironment,public healthand safety,and thequalityof lifefortheresidentsand businesses oftheCity ofNewport Beach (the*‘City”).ThisInitiativeamends theCity’sGeneralPlantoallow for more residentialhousing in a manner that fullysatisfies,but does not unduly exceed, the requirementsof Californiahousinglaws,includingthe StateHousing Element Law and Housing AccountabilityAct.

A.

Findings.The residentsof theCity findthat thisInitiativepromotesthepublicinterestin lightof itsPurposeand thefollowingfactsand circumstances:

B.

InNovember 2000,CityresidentsvotedtoapprovetheGreenlightInitiative,which added Section423 totheNewport Beach City Charter.Section423 preventstheNewport Beach City Council from amending the City’s General Plan to significantlyincrease allowed development withoutfirstsecuringapprovalfrom City residents.Section 423 specifically requires,among otherthings,thatany amendment to the City’sGeneralPlan allowingfor the development of more than 100 dwellingunitsmust be approved by a majority votein a City election.

I.

When the City was preparingits2021 - 2029 6th Cycle Housing Element (the “Housing Element”)inresponsetoStatelaw,theCityrepeatedlyassuredthecommunity itwould allownew developmentonlytoextentrequiredby Statelaw. Under Statelaw,theCitywas asked to update itsHousing Element to allow for 4,845 new dw'ellingunitsat varying levelsof affordability(e.g.,low income, moderate income). This iscommonly referredto as the City’s RegionalHousing Needs Allocationor “RHNA.”

2. In September2022,theCityadoptedtheHousing Element.That Housing Element specifiedthatimplementationof the Housing Element “willrequirea companion Land Use Element amendment thatwillbe subjectto a vote ofthe electoratepursuantto Charter Section 423.” In October 2022, the CaliforniaDepartment of Housing and Community Development (“HCD”) reviewedtheCity’sHousing Element and informedthe Citythatitmust implement all programs identifiedinthe Housing Element,including“Initiatinga BallotMeasure for aCharter Section 423 Vote.”

3. I
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Between October 2022 and April 2024, City officialsand staff worked to implementtheHousingElement.The Citystated thatsuch implementationwould requireseveral majorlanduseapprovals,includingsignificantamendments to theLand Use Element of theCity’s GeneralPlan, theCity’sZoning Ordinance,and theCity’sLocalCoastalProgram.These approvals were referredtocollectivelyas the“Housing Element ImplementationProgram Amendments.” Throughouttheprocessto implementtheHousingElement,the City consistently toldresidentstheywould have an opportunityto voteon proposedamendments to theLand Use Element,asrequiredby Section423. PriortoJuly2024, the Cityneversuggestedto votersthat theNewportBeachCityCouncil(“CityCouncil”)would not send this issue to a vote under Charter Section 423.

4. 0.

In April2024,theHousing ElementImplementationProgramAmendments were presentedtotheNewport Beach PlanningCommission for review and recommendation. The PlanningCommissionrecommended approvaloftheHousingElement ImplementationProgram Amendments. The Resolutionadopted by the PlanningCommission statedthatfinaladoption would “requirea majorityvote oftheelectorate”underSection423. (ResolutionNo. PC2024- 006.)

6. The Housing Element ImplementationProgram Amendments presentedto the PlanningCommission proposedallowingfordevelopmentof atleast8,174new dwellingunits.

That proposalreflected a68% increaseabovetheRHNA requirement,or 3,329excessdwelling units.

7. On July23, 2024, the CityCouncilhelda meetingpurportingto approve the proposedHousing ElementImplementationProgram Amendments and purportingto authorizea dramaticincreaseinthescale,heightand densityof residentialdevelopmentinNewport Beach.

The CityCouncilalsopurportedtoadoptproposedamendments to the Land Use Element. Those purportedamendments includetheadditionof PolicyLU 4.4,which isintended to exceed the City’sRHNA throughtheadoptionof Housing Opportunity(HO) OverlayZoning Districtsand otherlandusepolicies.Localvoters did notapprove ofany ofthosepurportedamendments.

Duringthatsame July23 meeting,theCityCouncilassertedwithoutlegalsupport thata Charter Section423 voteon theproposedLand Use Element amendments was purportedly “precluded”by State law.

8. 9.
again, without voter
approval—OrdinanceNo. 2024-16,which purportsto amend the City’sZoning Code and associatedmaps toadd HO Overlay ZoningDistricts.These HO OverlayZoning Districtsalone purporttoallowformore thaneightthousandadditionaldwellingunitstobe developedthroughout six largeareasofNewport Beach.

On September 24, 2024, the City Council adopted-10.
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The decisionto adopt any major amendment authorizingthousands of additional dwellingunitsbelongstothe voters,not theCityCouncil.

11. Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirementswhen adoptingitsHousing Element implementationstrategy.InNovember 2024, Yorba Linda votersoverwhelming approved Measure JJ,a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda’s *‘Right-to-Vote Amendment” (Measure B). Under Measure JJ,Yorba Linda willsatisfyitsRHNA of 2,415 units by relyingon pipeline projects(181 units)and underutilizedsites(569 units),and then rezoning specificpropertiestoaccommodate additionalunits(1,747 units).In total,Yorba Linda plans to accommodate 2,497unitsthroughitsHousing Element and associatedimplementationprogram.

Thiswillresultinno more than 82unitsbeyond what Statelaw requires,or anapproximatelythree percent(3%) increaseabove Yorba Linda'sRHNA of 2,415units.

12. Like theapproachtakenby theCity ofYorba Linda,this Initiative would allow the City to achievehousingobjectiveswhile ensuringthe localcommunity has a voice in major land use decisions.

13. The table below shows how this Initiative would meet the requirementsof State14. law.

Extremely
Low /
Very Low
Income
Above
Moderate
Income
Low
Income
Moderate
Income Total
930 1,050 1,409 4,845Total RHNA 1,456
2,386 1,050Total RHNA 1,409 4,845
PipelineUnits'
AccessoryDwellingUnits(ADUs)
348 0 2,597 2,945
163 72 5 240
5^ CycleSites 0 287 40 327
Subtotal 511 359 2,642 3,512
0Remaining RHNA (Net RHNA)
AirportEnvironsOverlay-
1,875 691 2,566
692 237 0 929
West Newport Mesa Overlay- 302 104 0 406
Dover-WestcliffOverlay- 130 44 0 174
Newport CenterOverlay- 648 222 0 870
Coyote Canyon Overlay-
Total Rezone
388 133 0 521
2,160 740 0 2,900
Total Development Capacity 2,671 1,099 2,642 6412
Surplus(units)
Surplus{%) (RHNA buffer)
285 49 1,233 1,567
12% 5% 88% 32%
Notes:
•Totalunitsinprojectsthatreceivedentitlementsfrom theCitybeforeDecember 2024. -FiguresintheTotalcolumn representthe“DevelopmentLimit” foreach overlayzone. 17-48
Amendment to the CityofNewport Beach General Plan.

The votersherebyamend and readoptPolicyLU 4.4ofthe Land Use Element (Chapter3) of the City ofNewportBeachGeneralPlanasfollows(new languagetobe insertedintotheGeneralPlan isshown as underlinedtext:languageshown in regularor bold (notunderlined)type reflectsthe existingGenera!Plantextand isprovidedforinformational/referencepurposesonly):

LU 4.4 Rezoning toAccommodate Housing Opportunities
Accommodate housing opportunitiesthroughthe adoptionof housing opportunity overlayzoningdistrictsorotherlanduseregulatorypolicy.

The followingareasareintendedto be consistentwiththe Housing Element’sfocus areas.Propertieswithin eachoverlaydistrictshouldinclude,but arenot limitedto,sites identifiedintheHousing Element;however,notallsitesmust be included,and other sitesoradjustmentsmay be identifiedinthe futurethroughrezoningunlessprecluded by statelaw. The goalisto ensure anadequatenumber of sitesCitywide to accommodatethe City'soverallallocationoftheRegionalHousingNeeds Assessment:
■ AirportEnvirons:the intentistosupporta densitybetween 20 and 50 dwelling unitspergrossacretoaccommodateup to2,577929 totaldwellingunitswithinthe area. All dwelling unitsmust be affordableto ''moderate income” households, and at least692 unitsmust be affordableto “low income” households, as those terms are defined in Government Code 65582.
■ West Newport Mesa: the intentisto supporta densitybetween 20 and 50 dwellingunitspergrossacretoaccommodate up to 1,107406 totaldwellingunits within the area. All dwelling units must be affordable to “moderate income” households, and at least302 unitsmust be affordableto ^low income” household^ as those terms are defined in Government Code 65582.

Section 3.
■ Newport Center:the intentistosupporta densitybetween 20 and 50 dwelling unitspergrossacretoaccommodate up to2,439870 totaldwellingunitswithinthe area. All dwelling unitsmust be affordable to “moderate income” households, and at least648 unitsmust be affordableto “low income” households, as those terms are defined in Government Code 65582.
■ Dover / Westcliff.theintentistosupporta densitybetween 20 and 50 dwelling units pergrossacretoaccommodateup to324 174 totaldwellingunitswithinthe All dwelling unitsmust be affordableto ''moderateincome’' households, and at least130 unitsmust be affordableto “low income'*households, as those terms are defined in Government Code 65582.
area.
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■ Coyote Canyon: the intentistoallowa densitybetween20 and 60 ^ dwelling unitspergrossacreof viablelandto accommodate up to 1,530521 totaldwelling units within the area. All dwelling units must be affordable to ‘'moderate income” households, and at least388 units must be affordable to ''low income” households, as those terms are defined in Government Code 65582.

The maximum number of dwelling units for each focus area set forth above shall serve as theDevelopmentLimitforeachoverlaydistrict.The Development Limits shall not Include density bonus units. Once the maximum number of units have been approved undertheapplicablefocusarea'sDevelopment Limit,no housingopportunityoverlay zoning districtor other land use regulatory policiesor programs developedpursuantto thisPolicy fLU 4.4) shallbe availablefor future development in thatfocus area unless City votersapprove a Furthermajor amendment to the General Plan.

Section4. Implementation of this Initiative.

A. This Initiativeisconsideredadopted and effectiveupon the earliestdate legally possibleaftertheelectionsofficialcertifiesthevote on theInitiativeby thevotersoftheCity(the ‘Wective Date”).Upon theEffectiveDateofthisInitiative,theCityisdirectedtopromptlytake allappropriateactionsneededtoimplementthisInitiative,includingbutnotlimitedtotakingany administrativestepsnecessarytoupdate anyand allCityordinances,codes,maps, figures,and any otherdocumentsmaintainedby theCityso theyconform tothelegislativepoliciessetforth inthisInitiative.Such administrativesteps shallinclude,but notbe limitedto,amending Section

20.28.050oftheCityofNewport Beach Zoning Code to be consistent with this Initiative.

B. Upon theEffectiveDateofthisInitiative,theGeneralPlanprovisionsof Section3 ofthisInitiativeareherebyinsertedintotheGeneralPlan;exceptthatifthefouramendments of any mandatoryelementoftheGeneralPlanpermittedby Statelaw forany calendar yearhave alreadybeen utilizedintheyearinwhich thisInitiativebecomes effective,the General Plan amendments set forthin thisInitiative shallbe the firstamendments inserted into the General Planon January1 ofthenextyear.The Citymay reorganize,renumber, and/or reformat the GeneralPlanprovisionssetforthinSection3 of thisInitiative,providedthat thefulltextis insertedintothe General Plan Land Use Element without alteration.

C. The General Plan in effecton the date of filingof the Notice of Intention to CirculatePetitionCTilingDate”),and theGeneralPlan as amended by thisInitiative,comprise an integrated,internallyconsistentand compatiblestatementof policiesforthe City.To ensure that theCity’sGeneralPlanremainsan integrated,internallyconsistent,and compatiblestatement ofpoliciesfor the City,any provisionoftheGeneralPlan thatisadoptedbetweentheFilingDate and the Effective Date of the General Plan amendment adoptedby thisInitiativeshall,to the extentthatsuchinterim-enactedprovisionisinconsistentwith or would diminish,render invalid, defeat,or impairtheGeneralPlanamendment adoptedby thisInitiative,be amended as soon as possibleand in themanner and time requiredby Statelaw to ensure consistencywith this 0 17-50
Initiative.

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

If thisInitiativeand another measure on the same subjectmatter appearon thesame ballot, and a majority ofthevotersvoteinfavorof bothmeasures but this Initiativereceives more votes than the othermeasure,thisInitiativealone shallbecome valid,bindingand adoptedinitsentirety, and the other measure shallbe null and void in itsentirety.Ifa majorityoftlievotersvoteinfavor of both measures but thisInitiativereceives lessvotesthantheothermeasure,onlythoseprovisions of the other measure thatare in directand irreconcilableconflictwith the provisionsof this Initiativeshallcontrol,and allotherprovisionsof thisInitiative shallbecome valid,bindingand adopted.The votersexpresslydeclarethistobe theirintent,regardlessof any contrarylanguage inany otherballotmeasure.

Interpretation,Severability,and LegalDefense.

This Initiativemust be interpretedso astobe consistentwith all federal and State laws,rules,and regulations.Ifany section,sub-section,sentence,clause,phrase,part,or portion of thisInitiativeisheldto be invalidor unconstitutionalby a finaljudgmentofa courtofcompetent jurisdiction,suchdecisiondoesnotaffect the validityoftheremainingportionsofthisInitiative.

The votersdeclarethat thisInitiative,and each section,sub-section,sentence,clause,phrase,part, orportionthereof,wouldhavebeenadoptedorpassedirrespectiveofthefactthatany one or more sections,sub-sections,sentences,clauses,phrases,parts,orportionsarefoundtobeinvalid.Ifany provisionofthisInitiativeisheldinvalidasappliedtoany personorcircumstance,suchinvalidity does not affectany applicationof thisInitiativethatcan be giveneffectwithoutthe invalid application.

Section 6.

A.

Ifany portionof thisInitiativeisheld bya courtof competentjurisdictionto be invalid,we thePeopleoftheCity ofNewportBeachindicateour strongdesirethat:(i)theNewport Beach CityCounciluseitsbesteffortstosustainand re-enactthatportion,and (ii)theNewport BeachCityCouncilimplementthisInitiativeby takingallstepspossibletocureany inadequacies deficienciesidentifiedby thecourtina manner consistentwiththeexpressand impliedintent of thisInitiative,includingadoptingor reenactingany such portionina manner consistentwith this Initiative.

B.
or
This Initiativemust be broadlyconstruedin orderto achievethepurposesstated above. It is the intentof the voters that the provisionsof thisInitiativebe interpretedor implementedby theCityand othersina mannerthatfacilitatesthe purposesetforthin this Initiative.

C.

The PeopleoftheCityofNewportBeachdesirethatthisamendment to the General Plan,ifapprovedby thevotersand thereafterchallengedin court,be defendedby the City.The People,by approvingthisGeneralPlanamendment,herebydeclarethattheproponent(s)of this D.
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GeneralPlanamendment have a directand personalstakeindefendingitfrom constitutionalor statutorychallengesto itsvalidity orimplementation.In theevent the City failsto defend this General Plan amendment, or the City failsto appeal an adverse judgment against its constitutionality, statutorypermissibilityor implementation,inwhole or inpart,inany courtof law,theproponentsshallbe entitledtoassert theirdirectpersonalstakeby defendingitsvalidity and implementationin any courtof law and shallbe empowered by the Peoplethroughthis measure toact asagentsof thePeople.

Section 7. Amendment or Repeal.

GeneralPlan PolicyLU 4.4 asamended by thisInitiativecan be amended or repealed only bya majority ofthevotersoftheCity votinginan electionheld in accordancewith applicableState and Citylaw.Fortheavoidanceofdoubt,thisSectiononly limits thepower to amend General PlanPolicyLU 4.4and doesnotlimitthepower oftheCitytoamend or repealotherportionsof theCity ofNewport Beach GeneralPlan ina manner that is consistent with this Initiative.

Section 8. Judicial Enforcement.

Any aggrieved personshallhavethe righttobringan actiontoenjoinany violationofthisInitiative toenforcethedutiesimposedon theCityby thisInitiative.The proponentsof thisInitiative may defendtheprovisionsofthisInitiativeinany litigationbroughttochallengetheInitiative. or
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