Newport Beach leaders are looking to a judge to shut down a ballot initiative that would significantly cut the number of housing units built in the city that was exclusively bankrolled by one of the city’s largest developers. 

With less than 100 days until the general election, OC Superior Court Judge Julianne Bankcroft is facing a deadline of Aug. 28 to decide if the initiative can go on the November ballot as OC Registrar of Voters Bob Page warns they need an answer to start printing ballots in time. 

The initiative, dubbed the Responsible Housing Initiative, would require voters to decide if they want to throw out the city’s existing housing plan and adopt one that zones for fewer new homes, which could set them up for a lawsuit from the State of California that’s aggressively pushing cities to develop new housing. 

[Read: Newport Beach Voters to Decide on Taking Control of City’s Housing Plan]

“The Responsible Housing Initiative complies with State laws, puts Newport Beach on a path for more responsible growth, and is far more consistent with the preferences of their constituents,” wrote the Newport Beach Stewardship Association, the primary group promoting the initiative.

It comes as Huntington Beach faces monthly fines from state officials for not having a state-approved housing plan – an end result of Surf City losing a host of lawsuits over state housing mandates. 

City officials there recently moved to get a state-approved housing plan. 

[Read: ‘Beaten Into Submission’ Huntington Beach Signs Off on Housing Plan] 

Attorney General Rob Bonta also recently sued Costa Mesa for not having a state-approved housing plan, raising questions from city leaders who said they’re working to get one adopted. 

[Read: California Sues Costa Mesa Over Lack of ‘Compliant’ Housing Plan]

Meanwhile, Newport Beach City Council members are questioning if the initiative’s backers went through the proper channels to get it on the ballot. 

In a legal brief filed in June, city lawyers claimed the proponents did not properly notify the public about the initiative in a newspaper and at other locations throughout the city even though it got enough signatures to qualify and city council members sent it to the ballot. 

“Because the Initiative is beyond the power of the electorate to adopt, it cannot be placed on the ballot,” wrote the city lawyers in their lawsuit against county registrar Bob Page. 

In a written statement, city spokesperson Georgia Rios said the city’s lawsuit “seeks clarification from the courts regarding questions that have arisen concerning compliance with statutory publication and public notice requirements governing the circulation of initiative petitions.” 

“Ensuring that election laws are followed consistently and fairly is one of the City’s most important responsibilities,” said City Attorney Aaron Harp. “This action is not about the merits of the initiative itself. Rather, it is about obtaining a timely and impartial judicial determination regarding whether the legal requirement established by the Legislature was satisfied.”

The Newport Beach Stewardship Association submitted an opposition in the case, highlighting how city council members already signed off on the initiative going to the voters. 

“I make this declaration in support of NBSA’s Objection to Order on City’s Ex Parte Application,” reads the filing by Winston Stromberg, the association’s lawyer. 

Stromberg did not respond to requests for comment. 

The initiative effort received all of its nearly $1 million in funding from one person – Ken Picerne, CEO of the Picerne Group and one of the city’s largest developers. 

[Read: Who’s Behind the Push for Less Housing in Newport Beach?]

Picerne did not respond to requests for comment. 

In a statement last Wednesday, Page said it wasn’t up to him if the initiative goes on the ballot, but the city clerk. His only job is to certify the signatures, which he did. 

“I am not the elections official for city measures and offices. That’s why initiative petitions, proof of publication, direct arguments and rebuttals are filed with the City Clerk and the measure documents are posted for public review by the City Clerk,” Page wrote. 

“I provided the City with a certificate summarizing the voter signature review work OCROV completed for the City,” he continued. “But I didn’t certify that the petition was sufficient nor did I determine how many valid voter signatures were required. That is the role of the City Clerk.” 

Newport Beach staff did not respond to requests for comment on Page’s statement. 

Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.