RESOLUTION NO. 2026-79
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 DISTRICT-ONLY VOTING FOR CITY
COUNCIL MEMBERS
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 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 ("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 to Eliminate Citywide Voting for City Council and Require District-Based Elections"; 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;
Resolution No. 2026-
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-
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-
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 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 Resolution No. 2026-
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 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
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.
Resolution No. 2026-
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;
U) 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-
(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-
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-
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-
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-
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. 64, 65, and 66. 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_ I+ -----.
Aaron C. Harp
City Attorney
Attachment: Exhibit A - District-Only Voting Initiative Lauren Kleiman
Mayor
Exhibit A
District-Only Voting Initiative
INITIATNE MEASURE TO BE SUBMITTED DIRECTLY TO TIIE VOTERS The PeopleoftheCityofNewport Beach do herebyordainas follows:
Section 1. Title
This initiative measure shall be known as the "Iiome DistrictVoting Initiative"(the "Initiative").
Section2. Purpose and Findings.
A. Purpose.ThisInitiativeseekstoenhancetheleadershipand governanceofNewport Beach by ensuringCityCouncilMembers aredirectlyaccountableto the residentslivingwithintheir Districts.Currently,theCharteroftheCityofNewport Beach ("Charter")providesfor"atlarge" voting,where votersacrosstheentireCityofNewport Beach electeach City CouncilMember, regardlessofwhere voterslive.ThisInitiativeamends theChartertoenact"districtvoting,"which ensuresallCityCouncilmembers areelecteddirectlyby theresidentsthatliveinsidetheirDistrict.
B. Findings.The residentsoftheCityofNewportBeach findthatthisInitiativepromotesthe publicinterestinlightofitspurposeand thefollowingfactsand circumstances:
1. The DistrictVoting Initiativeprovidesa more democratic electionstructure, grantingtheopportunityforeachDistricttopicktheirspecificCouncilMember.
2. Many citiesand countiesthroughoutCaliforniause districtvotingtogreatsuccess.
Districtvotingtendsto make localvotersfeelmore investedinlocalelections.
3. Under the currentelectionsystem,smallerDistrictshave lesseffectiveand less directrepresentationon the City Council. Directvotingand representationallowselected representativesto be more responsiveto the specificissuesand unique concernsfacingtheir District.
4. ThisInitiativewould simplifythevotingprocessforallNewport Beach votersas voterswould be ableto focusonly on the candidatesthatrepresenttheirDistrict,not candidates thatprioritizeorrepresentotherDistricts.
5. ThisInitiativerecognizesthevalueofhavingCityCouncihnembers thatareaware ofand can promptlyrespondtotheconcernsofallDistrictsacrossNewport Beach. Through direct and localizedelections,thisInitiativemakes CityCouncilMembers directlyaccountableto the Districtthattheyareintendedtorepresent.
6. Districtcampaigns,insteadof Citywide campaigns,can cost less,creating opportunitiesfornew candidatesand leadership.Districtcampaignswould alsomake iteasierfor candidatestoengagedirectlywithelectorsintheirDistrict,improvingcivicengagement. 1 7. ThisInitiativeisinthebestinterestofthepeopleofNewport Beach.
Section 3. Amendment and Addition to the Charter of the CityofNewport Beach.
The votersherebyamend and Section400 (titled,"ElectiveOfficers")of the City Charteras follows(new languageisshown inunderlinedtextand deletedtextshowninstrike+"roughtcxt):
The electiveofficersof the City shallconsistof a City Council of seven members.
CandidatesforCity Councilshallbe nominated from and by the electorsof each ofthe seven districtsreferredto in ArticleX of this Charter and one shall be elected from each of suchdistrictsbythevotersofto Cityatlargethatdistrictatthetimes and inthemanner providedinthisCharter.Tiesinvotingamong candidatesforofficeshallbe settledby the castingof lots.
Alternatively,and successively,four four-yearterms shallbe filledat one general municipalelectionand threefour-yeartermsatthenextsuchelection,consistentwiththe sequenceoftermsofCouncilmembers existingon theeffectivedateofthisamendment.
The term of officeshallbe four years.The term of each City Council member shall commence on the dateof the City Councilmeeting,followinghisorher election,atwhich the council receives the certificationof election resultsfrom theCityClerk.
Section4. ImplementationofthisInitiative.
A. This Initiativeisconsideredadoptedand effectiveupon the earliestdatelegally possibleaftertheelectionsofficialcertifiesthevoteon theInitiativeby thevotersoftheCity(the "EffectiveDate")._UpontheEffectiveDateofthisInitiative,theCityisdirectedtopromptlytake allappropriateactionsneededtoimplementthisInitiative,includingbutnotlimitedtotakingany administrativestepsnecessarytoupdateanyand allCityordinances,codes,maps,figures,andany otherdocumentsmaintainedby theCitysotheyconform tothelegislativepoliciessetforthinthis Initiative.
B. Upon theEffectiveDate ofthisInitiative,theCityCharterprovisionsofSection3 of thisInitiativearehereby insertedintothe City Charteras setforthabove. The City may reorganize,renumber,and/orreformattheCityChartertoincorporateSection3 ofthisInitiative, providedthatthefulltextofeachprovisionisinsertedintotheCityCharterwithoutalteration.
C. The CityCharterineffecton thedateoffilingoftheNoticeofIntentiontoCirculate Petition("FilingDate"), and the City Charteras amended by thisInitiative,comprise an integrated,internallyconsistentand compatiblestatementof policiesfortheCity.To ensurethat the CityCharterand otherCitypoliciesand plansremain an integrated,internallyconsistent,and compatiblestatementofpoliciesfortheCity,any provisionoftheCityCharterthatisadopted betweentheTilingDate and theEffectiveDate oftheCityCharteramendment adoptedby this Initiativeshall,to the extentthatsuch interim-enactedprovisionisinconsistentwith or would diminish,renderinvalid,defeat,orimpairtheCityCharteramendment adoptedby thisInitiative, 2 be amended as soon aspossibleand inthemanner and timerequiredby applicablelaw toensure consistencywiththisInitiative.
Section 5. Effect of Other Measures on the Same Ballot.
If this Initiativeand another measure on the same subjectmatterappearon thesame ballot, and a majorityofthevotersvote infavorof both measures but thisInitiativereceivesmore votes than the other measure, thisInitiativealone shallbecome valid,bindingand adoptedinitsentirety, and the other measure shall be null and void in itsentirety.Ifa majorityofthevotersvote infavor of both measures but thisInitiativereceives less votesthantheothermeasure,onlythoseprovisions of the other measure that are in direct and irreconcilable conflictwith the provisionsof this Initiativeshallcontrol,and allotherprovisionsof thisInitiativeshallbecome valid,bindingand adopted.The votersexpresslydeclarethistobe theirintent,regardlessof any contrarylanguage in any otherballotmeasure.
Section6. Interpretation,Severability,and Legal Defense.
A. ThisInitiativemust be interpretedso as tobe consistentwith allfederaland State laws,rules,and regulations.Ifany section,sub-section,sentence,clause,phrase,part,orportion of thisInitiativeisheld to be invalid or unconstitutional by a finaljudgment ofa courtofcompetent jurisdiction,such decisiondoesnotaffectthevalidityof theremainingportionsofthisInitiative.
The votersdeclarethatthisInitiative,and each section,sub-section,sentence,clause,phrase,part, orportionthereof,would havebeen adoptedorpassedirrespectiveofthefactthatany one ormore sections,sub-sections,sentences,clauses,phrases,parts,or portionsarefound to be invalid.If any provisionof thisInitiativeisheld invalidas appliedto any personor circumstance,such invaliditydoes not affectany applicationof thisInitiativethatcan be given effectwithoutthe invalidapplication.
B. Ifany portionof thisInitiativeisheldby a courtof competentjurisdictionto be invalid,we thePeopleoftheCityofNewport Beach indicateourstrongdesirethat:(i)theNewportBeach City Counciluse itsbesteffortsto sustainand re-enactthatportion,and (ii)theNewport Beach CityCouncilimplementthisInitiativeby takingallstepspossibletocureany inadequacies or deficienciesidentifiedby thecourtina manner consistentwiththeexpressand impliedintent ofthisInitiative,includingby presentingvoterswithan opportunitytoadoptorreenactany such portionina manner consistentwiththisInitiative.
C. This Initiativemust be broadly construedin order toachievethepurposesstated {` above. It is the intentof the votersthatthe provisionsof thisInitiativebe interpretedor implemented by the City and othersin a manner thatfacilitatesthepurpose setforthin this Initiative. lx?
D. The Peopleofthe CityofNewport Beach desirethatthisamendment to the City Charter,ifapprovedby thevotersandthereafterchallengedincourt,be defendedby theCity.The People,by approvingthisCityCharteramendment, herebydeclarethattheproponent(s)of this City Charteramendment have a directand personalstakeindefendingitfrom constitutionalor statutorychallengestoitsvalidityorimplementation.IntheeventtheCityfailstodefendthisCity Charteramendment, or the Cityfailsto appealan adversejudgmentagainstitsconstitutionality, statutorypermissibilityorimplementation,inwhole orinpart,inany courtoflaw,theproponents shallbe entitledtoasserttheirdirectpersonalstakeby defendingitsvalidityand implementation inany courtoflaw,shallbe empowered by thePeoplethroughthismeasure toactas agentsofthe People,and shallbe entitledtorecovertheirreasonableattorney'sfeesfrom theCityofNewport Beach.
Section7. Amendment or Repeal.
The City Charteras amended and adopted by Section3 of thisInitiativecan be amended or repealedonly by a majorityofthevotersof the Cityvotinginan electionheldinaccordancewith applicableStateand Citylaw. For theavoidanceofdoubt,thisSectiononly limitsthepower to amend theCityCharterprovisionsas amended and adoptedby Section3 and does not limitthe power of the Cityto amend or repealotherportionsof the City Charteror Newport Beach MunicipalCode ina manner thatisconsistentwiththisInitiativeandotherapplicablelaw.
Section 8. Judicial Enforcement.
Any aggrievedpersonshallhavetherighttobringan actiontoenjoinany violationofthisInitiative or to enforcethe dutiesimposed on the Cityby thisInitiative.The proponentsof thisInitiative may defendtheprovisionsof thisInitiativein any litigationbroughtto challengethe Initiative consistentwith Section 6 of thisInitiative.
r,
4