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;
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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; Resolution No. 2026-77
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 Resolution No. 2026-77
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
Resolution No. 2026-77
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
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
No
Section 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.
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.
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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;
Resolution No. 2026-77
(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 Resolution No. 2026-77
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 Resolution No. 2026-77
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.
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 Resolution No. 2026-77
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 Resolution No. 2026-77
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
Exhibit A
Term Limits Initiative
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 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 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.
A. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules , and regulations. If any section, sub-section , sentence , clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative.
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 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.
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