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HomeMy WebLinkAboutSS3 - Campaign Contribution and Term LimitsAgenda Item No. SS3 June 9, 2009 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO Mayor and Members of the City Council FROM: David HSLqL0jty Attorney RE Term Limit Issues, June 9, 2009 Agenda Study Session Item. 3 A09 -00491 (X Ref. A09- 00452) DATE : June 4, 2009 I believe I misunderstood the issues raised by Councilmember Curry in his request for action at the April 28, 2009 Council meeting. I interpreted Councilmember Curry's comments in the concept of "two consecutive terms" as provided for in Section 401 of the Charter and mistakenly believed that there was a dispute over the phraseology of what two consecutive terms were. I, therefore, addressed the issue believing others in the past had raised a question of ambiguity and the Council wished to address the alleged ambiguity in the context of a Charter amendment. That was my error. Let me state clearly, that while the Charter does not say "two consecutive full terms," in the context of the entire section, it is my legal opinion that the section means two full terms. Since Section 401 addresses consecutive 'Your year terms," I am of the opinion that the term limit provision allows a Councilmember to serve a partial term and then proceed on to two consecutive four year full terms. Thus, while the Charter does not specifically delineate that is an acceptable option, reading the Charter as a whole, it is my opinion that was its intent. The specific issue raised by Councilmember Curry, which I interpreted in terms of the overall term limit issue, goes to whether or not a Councilmember may resign before completion of his or her second full term and then stand for election for a third term, thus taking advantage of the distinction between a partial and a `full' term. I agree with Councilmember Curry's concern. This issue is not addressed in the Charter and could conceivably cause difficulty should a Councilmember seek a third term through such an artifice. Thus, it is appropriate to address the issue prior to facing such a scenario. There are two potential methods for addressing the issue. Those are: 1. Charter Amendment: Since Newport Beach is a Charter City, you can amend the Charter through a vote of the people eliminating this potential loophole. There are many methods to achieve that end. Some of those possibilities are addressed in the original staff report. Mayor & Members of City Council June 4, 2009 Page 2 2. Ordinance: The issue can be clarified through the enactment of an ordinance. It is appropriate to clarify a Charter provision through enactment of an ordinance so long as the ordinance does not conflict with Charter provisions. As such, the Council can direct the preparation of an ordinance closing the loophole for insertion into the general provisions of the municipal code. You could direct the preparation of an ordinance that interprets the Charter provisions so that once a Councilmember is elected to two consecutive full terms, the Councilmember could not resign and then seek reelection to an additional term. You can designate how much of a term he or she may serve and then resign. You could adopt an ordinance that interprets the Charter provisions so that no Councilmember may serve any longer than a certain period of time, as the United States Constitution provides for the office of the President. It is the intention of our staff report to seek your direction. You can instruct us how you wish to proceed. We will then return to you with recommendations of language to achieve your goal. On another note, we attach a list of local cities showing their campaign contribution limits for the related study session item. I apologize for my misunderstanding. At this point, we look forward to your direction on how or if you wish to proceed with any changes on this issue. DRq( M Homer Bludau, City Manager Leilani Brown, City Clerk Study Session Staff Rpt 'Supp "06.05.09 ORANGE COUNTY CITIES CAMPAIGN CONTIRBUTION LIMITS Anaheim $1,700 Brea no limit Buena Park no limit Costa Mesa no limit Cypress no limit Dana Point $630.00• indexed for inflation Fullerton no limit Fountain Valley $500.00 Garden Grove no limit Huntington Beach $500.00 Irvine $440.00 La Palma no limit La Habra no limit Laguna Beach $360.00 Laguna Hills no limit Laguna Niguel $1,000 Laguna Woods $250.00 Lake Forrest no limit Los Alamitos no limit Mission Viejo no limit Orange $1,000 Placentia no limit Rancho St. Margarita no limit San Clemente no limit San Juan Cap. $250.00 Seal Beach no limit Santa Ana $1,000 Stanton no limit Tustin no limit Villa Park no limit Westminster no limit Yorba Linda no limit CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. SS3 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney David R. Hunt, 644 -3131, dhunt @city.newport- beach.ca.us SUBJECT: CONSIDERATION OF ISSUES RELATED TO INCREASING CAMPAIGN CONTRIBUTION LIMITS AND MORE CLEARLY DEFINING TERM LIMITS FOR CITY COUNCIL OFFICE ISSUE: Should the City increase campaign contributions and clarify the provisions of the Charter regarding term limits? RECOMMENDATION: Review and give direction to come back with ordinance changes and/or Charter amendments as necessary. DISCUSSION: Background: Councilmember Curry requested our office review two issues, first regarding the potential increase of campaign contribution limits and second clarifying the issue of term limits. We have done so. We have appended as Attachment "A" a memorandum prepared by Catherine Wolcott of this office giving a general analysis of the issues and possible options. Campaign Contributions. The Council has the authority to raise campaign contribution limits consistent with State law. Councilmember Curry had discussed the possibility of raising the limits to $1,000.00 per contributor and including a cost of living increase component. Both options are available to the Council. If the Council wishes to increase campaign contribution limits, it should amend its ordinance as set forth in Chapter 1.25 of the Newport Beach Municipal Code. We have CONSIDERATION OF ISSUES RELATED INCREASING CAMPAIGN CONTRIBUTIONS AND MORE CLEARLY DEFINING TERM LIMITS June 9, 2009 Page 2 prepared a proposed change increasing contributions to $1,000.00 and inserting a CPI adjustment. The redline of such a proposal is appended as Attachment "B," for your consideration. Please give us direction as to how, or if, you wish to proceed. You have the option to direct us to take no action, take action consistent with the redline, or give further direction on how to proceed. 2. Clarification of Term Limits. The provision governing term limits within the City is set out in City Charter Section 401. That section states: Section 401. Eligibility. 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 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 consecutive four -year terms. Members of the City Council who have served one or more terms prior to their current term shall be entitled to complete such term, but shall not be eligible for re- election except as provided below. Members of the City Council who are serving their first term as of the effective date of this amendment shall be eligible to hold office during a second four year term when the current term expires. This section is intended to prevent persons from serving more than two consecutive terms, and shall not be construed to render ineligible any person who would not, by virtue of his or her election, serve more than two consecutive terms. (As amended by amendments effective on June 19, 1968, June 6, 1964, April 8, 1980, and November 3, 1992) As can be seen, the Charter does not clearly define the phrase "two consecutive terms." The question becomes whether or not the phrase contemplates only full terms or does it contemplate partial terms. Additionally, one must ask if it contemplates partial terms, how long is such a term. These ambiguities could potentially cause issues in the future should a Councilmember serve one full term and one partial term and seek reelection. CONSIDERATION OF ISSUES RELATED INCREASING CAMPAIGN CONTRIBUTIONS AND MORE CLEARLY DEFINING TERM LIMITS June 9, 2009 Page 3 If you wish to address this issue, it must be addressed through an amendment to the City Charter. Amending the Charter requires vote of the people. If you wish to proceed to clarify this issue, we recommend placing the matter on the November 2, 2010 general municipal election. There are no other general elections scheduled prior to that time. In order to put the issue on the general election, we would need to notify the County Clerk on or before June 28, 2010 (E -127). You can schedule a special election, but the anticipated cost would be well in excess of $200,000.00 and we would recommend against pursuing this issue through a special election. Please give us direction if you wish to proceed and how you wish to define 'consecutive terms." You may identify a consecutive term consistent with the United States Constitution in which a President can serve two consecutive terms, but not in excess of 10 years total consecutively. CONCLUSION: Please give us direction, if, or how, you wish to proceed. We shall bring these matters back to you for action consistent with the direction you give. Public Notice: NIA Environmental Review: No environmental review is required. Funding Availability NIA Prepared & Submitted by: SIGNATURE David R. Hunt, City Attorney Attachment A: May 21, 2009 memo prepared by Catherine Wolcott Attachment B: Redline Proposal Amending Chapter 1.25 A09-00452 Study Session Staff Report 06.09.09 ATTACHMENT A Study Session Memo Campaign Contribution Limits May 21, 2009 memo prepared by Catherine Wolcott CITY OF NEWPORT BEACH CITY ATTORNEY'S OFFICE TO David Hunt FROM: Catherine Wolcott RE Campaign Contribution and Term Limits DATE : May 21, 2009 Assignment: At the request of City Council member Keith Curry, draft and present the City Council with the following amendments to Newport Beach Municipal Code Chapter 1.25: 1. Raise individual campaign contribution limits from the current $500 to $1,000 per person, and 2. Provide for adjustment of contribution limits based on Consumer Price Index (CPI) Councilman Curry also requested that staff prepare language clarifying an ambiguity in the City charter provisions regarding City Council term limits. Newport Beach City Charter Section 401 (Eligibility) currently provides that no person shall be eligible to hold office as a City Council member for more than two consecutive terms, but is silent on the issue of eligibility of Council members who have served less than two entire consecutive terms. The wording of the charter language can also be clarified as to whether an individual who has served two consecutive terms as a Council member can be eligible to serve for additional non - consecutive terms. Statutory Background — Campaign Contribution Limits: The Political Reform Act of 1974 (codified in Title 9 of the California Government Code) sets forth campaign contribution limits for individuals, different types of committees and aggregates of individuals and affiliated entities. Specific limits are set forth in Government Code Sections 5301, 5302, and 5303 for contributions to candidates for state office (the State Legislature), and the Governor and other statewide elected offices (Lieutenant Governor, Attorney General, Insurance Commissioner, Controller, Secretary of State, Treasurer, Superintendant of Public Instruction, and Board of Equalization, per the FPPC website.) For individual contributors, campaign contribution limits currently range from $3,200 (for a state legislative candidate) to $21,200 (for Governor.) It is well established that the City has the authority to enact limits on campaign contributions for elections to local elective office within the City. California Election Code Section 10202 provides that "[a] city may, by ordinance or resolution, limit campaign contributions in municipal elections." Government Code Section 81013 states that local agencies may impose requirements in addition to those imposed by the act on any person, so long as the requirements do not prevent that person from complying with applicable provisions of the Political Reform Act. Government Code Section 85703 also provides, "Nothing in this act shall nullify contribution limitations or prohibitions of any local jurisdiction that apply to elections for local elective office, except that those provisions may not conflict with the provisions of Section 85312." (Section 85312 pertains to payments for communication to members of organizations.) Campaign Contribution Limits May 22, 2009 Page: 2 Increasing Individual Contributions to $1,000 Specific limits on candidates for local office are not listed in the Political Reform Act. The FPPC website notes that nothing in Proposition 34 nullifies local contribution limits. The FPPC website notes a number of the provisions of the Act which do apply to local candidates, including Sections 85703, 85700, 85312, 85500(b), 855501, 85919, 84204(b), 84305.6, 84511, 84501 - 84510, 91005.5 and 85701. None of these sections limit the City's ability to impose or increase its individual campaign contribution limits to the level requested, or to enact legislation providing for future CPI increases. "Limits on contributions to political campaigns are permissible under the First Amendment as long as the Government demonstrates that the limits are closely drawn to match a sufficiently important government interest." Citizens for Clean Government v. City of San Diego, 474 F.3d 647, 650 (9fh Cir. 2007), quoting Randall v. Sorrelf, 126 S.Ct. 2479, 2491 (2006) (internal quotation marks omitted.) The purpose and findings listed in existing NBMC Section 1.25.010 are sufficient to demonstrate important government interests (avoiding corruption, or appearance thereof; encouraging fundraising from a broader range or persons). Campaign contribution limits are restrictions that are closely drawn to further those interests. Raising the contribution limit to $1,000 per individual contributor does not appear to undermine the City's stated interests. The City's current individual campaign contribution limit of $500 was adopted in 1995. Costs associated with political campaigns have increased over the intervening 14 years, to the extent that an individual contribution of $1,000 appears no more likely to result in corruption, the appearance of corruption, or limiting fundraising efforts to a narrow range of contributors than a contribution of $500 would have created in 1995. At least two other cities reviewed (Torrance and limits of $1,000. Other cities reviewed included Beach ($500.) Providing for Adjustments to Contribution Limits Santa Ana) had individual campaign contribution Dana Point ($450), Irvine ($300) and Huntington Proposition 34 added Section 83124 to the Political Reform Act. Cal. Gov. Code Section 83124 requires that contribution and expenditure limits for elected state offices be increased or decreased in accordance with changes in the Consumer Price Index in January of every odd - numbered year. For elections to state office, adjustments shall be rounded to the nearest one hundred dollars ($100) for limitations on contributions, and to the nearest one thousand dollars ($1,000) for limitations on expenditures. Although many cities in Orange County have enacted provisions tying adjustments in individual local campaign contribution limits to the Consumer Price Index (CPI), the Newport Beach Municipal Code currently contains no provision for increases or decreases tied to the CPI. To allow for such fluctuations in costs, proposed language is provided in the attached redline of the current ordinance. Other requirements Government Code Section 81009.5 requires any local government that enacts, amends or repeals any ordinance or other provision of law affecting campaign contributions and expenditures to file a copy of the action with the Fair Political Practices Commission. If adopted, this amendment will need to be filed with the FPPC. Recommendation — Campaign Contribution Limits — draft language to amend NBMC Chapter 1.25 is attached hereto as Attachment A. it increases the limit for individual campaign Campaign Contribution Limits May 22, 2009 Page: 3 contributions, and for the solicitation and acceptance of such individual contributions, to $1,000. It also provides two options for tying the limit to fluctuations in the CPI; one is very specific and provides for computation of individual years and rounding the total adjusted amount for a two year period, and one is much simpler and provides for increases or decreases in the CPI within an entire two -year period. Another variable to consider is whether the Council wishes to approve the adjusted limits by Council resolution, or whether the fluctuation should be handled entirely at the staff level. Language providing for both options is provided in the attachment. City Council Term Limits Section 401 of the Charter of the City of Newport Beach states 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 consecutive four -year terms. Members of the City Council who have served one or more terms prior to their current term shall be entitled to complete such term, but shall not be eligible for re- election except as provided below. Members of the City Council who are serving their first term as of the effective date of this amendment shall be eligible to hold office during a second four year term when the current term expires. This section is intended to prevent persons from serving more than two consecutive terms, and shall not be construed to render ineligible any person who would not, by virtue of his or her election, serve more than two consecutive terms. The current Charter provisions are silent as to the eligibility of former Council members who served one full and one partial consecutive term. The Charter language could also be amended to provide clearer guidance on whether an individual who has served two consecutive terms is eligible to later serve another term that is not consecutive. Proposed amended Charter language is attached hereto as Attachment B. Alternate options provided include language permitting /prohibiting Council members who have already served two consecutive terms from eligibility for future terms after an intervening period, and clarifying the effect of an incomplete term on eligibility when an individual is serving an appointed or elected term. Catherine Wolcott Deputy City Attorney F: \users \cat \shared \cathywolcoti \campaign limits memo.doc ATTACHMENT B Study Session Memo Campaign Contribution Limits Redline Proposal Amending Chapter 1.25 0 ORDINANCE NO. 2009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 1.25 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 1.25 of Newport Beach Municipal Code is hereby amended to read as follows: Sections: 1.25.010 Purpose and Findings. 1.25.015 Intent. 1.25.020 Definitions. 1.25.030 Campaign Contributions -- Limitations. 1.25.040 Penalties. 1.25.050 Severability. 1.25.010. Purpose and Findings. The City Council of the City of Newport Beach finds and declares as follows A. The primary purpose of the ordinance cbdified in this chapter is to prevent corruption, or the appearance of corruption, which results from the real or imagined influence of large contributions on the conduct or actions of candidates elected to office. 6. The limits on contributions to candidates and controlled committees imposed by this chapter will encourage candidates and their supporters to raise funds from a greater number of persons than would otherwise involve themselves in the political process. C. Contribution limits encourage persons to expend funds that would otherwise be contributed to candidates on direct political expression which will broaden the discussion and debate on issues of importance to the electorate. D. These contribution limits will not reduce the total amount of money potentially available, or used, to promote expression in the context of a political campaign, but will increase .the amount of independent expenditures and encourage the dissemination of political expression through a wider variety of media sources. 1 E. Local campaign contribution limits are municipal affairs and this chapter is authorized pursuant to the laws and Constitution of the Slate of California, as well as the Charter of the City of Newport Beach. F. The contribution limitations imposed by-this chapter are consistent with the spirit, intent and letter of the Political Reform Act of 1974. 1.25.015 Intent. The intent of this chapter is to impose limits on the amount of money that may be contributed to a candidate or controlled committee to achieve the purposes specified in Section 1.25.010. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Fair Political Practices Commission (FPPC). 1.25.020 Definitions. The terms used in this chapter shall have the same definitions as specified in the Political Reform Act, and FPPC regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any State election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or in the absence of ,a municipal equivalent, to delete the specific reference. 1.25.030 Campaign Contributions-- Limitalions. A. Contributions by Persons to Candidates or Controlled Committee(s). No person shall make any contribution to a candidate and /or the candidates controlled committee(s), with respect to any single election, which would cause the total amount contributed by such person to the candidate and the candidate's controlled committee(s), when combined, to exceed five-Mundredone lhousawl dollars ($688$1,(100.00). B. Acceptance or Solicitation by Candidates or Controlled Committee(s). No candidate or controlled committee shall solicit or accept any contribution from any person which would cause the total amount contributed by such person, with respect to any single election, to the candidate and the candidate's controlled oommittee(s), when combined, - - to exceed the sum of `'` done thousand dollars ($689$1, 000.00). - - C.. Contributions by Candidates. The provisions of subsections (A) and (B) shall not apply to contributions from a candidate to his or her controlled committee(s) nor to the expenditure, by the candidate, of his or her personal funds.. - - - D. Contributions to Committees. Contributions made to any person or a committee, and not to a candidate or controlled committee, shall not be considered as contributions to the candidate or controlled committee notwithstanding the fact that such person or '- committee supports the candidate or uses the contribution with a view to bringing about - the nomination or election of the candidate. 2 E. Anonymous Contributions. No candidate or controlled committee shall accept anonymous contributions, with respect to any single election, which would cause the total amount of anonymous contributions received by the candidate and the candidate's controlled committee(s), when combined, to exceed two hundred dollars ($200.00). - -— Subject to the provisions of State law, in the event any candidate or controlled [sofa acted: Font (Default) adal I2 1x not committee(s) receive(s) an anonymous contribution that would, if accepted in whole or { Formatted: Font (Default) Mal 12 pt in part, result in a violation of this subsection, the candidate or controlled committee(s) r Formatted: Font (Default) Aria], Iz jut, Not shall promptly pay that sum to the City for deposit into the general fund to be used to ,,' Sold defray costs o municipal eecons. Y th tf l lti P { FormettM: Font (Default) Mal 12 pt . , Furmatted:.FDnt:Italic Formatted. Indent: Left: 1" F. Adjustment ,torCostof_ Living- Changes. ; „ "fr {FOmratted: Font: (Defawg Mal, 12pt color: Custom Cdor(RGB(123,115,82)) ,, {Formatted: FPM: (DefaNt)Arial 12 pt 11 Adjustment The campaign contributio limits and contribution acceptance and try Formatted: Fuld: (Default) M�1, 1212 p[�._. solicitation limits set forth in Subsections 1.25.030(A), and (B) shall be adjusted in February al Aria1, 12 two 2 year intervals 6eginnind in 2011 the Ci Slerk to reflect annual changes in the Formatted: Pon (Default) pt =mot: - -- "-• -"-' Consumer Price Index (CPI) over the 2�ev_ious two (2) vear period. The City Clerk shall use Ma au An al, l2 pt °°' °° — ° - � - -'° the annual percent change in the Consumer Price Index for All Urban Consumers (CPI- in Formatted: Font: (Default) Anal, 12 pt, Not the selected local area of Los Angeles — Riverside Orange County California,lo determine ',` { FormatW; Fart: _ (Default) Aria) 12 pt the appropriate rate of increase or decrease,; The City Clerk shall oompute_the adjustment for ' Formatted: Font: (Default) Mal, 12 pt, Not each year separately adding the adjustment for each year to the prior years Jimil and then eoa��- - -- -- —° --- rounding the total adjusted amount for lF a twoear period. The new imi representing the , Formatted: Font (Default) Anal 12 pl _ rounded total adjustments for the previous two (2) year period shall be presented to the City ,,,z r Formatted: Font: Not Bold Fo aeeed: Font: (Default) aul. L2 Not Council for approval by resolution. ," cold ramratted: Font: (Default) Mal, 12 pl• Formatted: Font: (Default) Mal, 12 p1, Not Bold 2. B_pundinq of Ad'usted Amounts If the total ad'us ed limit under Subsections Fatr lifted: Indent: Left: 1" _ — 1 .25.030(A) and (131 for the two (2) year period ends in a digit between one and four (4) then - - Formatted: Font' (Default) Mal, 12 pt thejimi shall be rounded down to the next lowest multiple of ten 10 If the final ad'usted Fo matted: Font: (Default) Mal, 12 pt, NM 1 1 J_- __,- - --.;- sold jimitfor the two (2) year period ends in a digit between five (5) and nine (9) then the limit Fo matted: Fond: (Default) Ma, 12 pt �M . shall be rounded up to the next highest multiple of ten (10), - ' - Formatted: Font. (Default) Mal, 12 pt Not Buld (Alternate wording for simplified approach that just has the Clerk round to the nearest Form ittadi Font (Default) MM, 12 pt ._ 110 every two years doesn't 6ri back for Connell resolution): Fora sunnier approgch Formatted: Font (Default) Mal, 12 pt, Not. Bold _ - - Qn't do twoeoarate section under Subecticn F, - end current section 1 at 0 ra nee County California to ', Fond: (Default) Mao. 12 pt ` - determine the appropriate rate of increase or decrease Adjustments made pursuant to this subsection shall Flrst lure: o', RgM: be rounded to the nearest ten dollars 1510.)” Formatted: felt Indent D ", Spare Berge: Auto, After: Auto, Une - spacing: Multiple 1.15 It Formatted: Fond: Itali 1.25.040 Penalties. - - - - - Furmatted:.FDnt:Italic Formatted: Flint: (Derauft) Caliw, I Pt, Font . _ color: Custom Cdor(RGB(123,115,82)) . Formatted: Indent: left: D" . 3 A. Any person who knowingly and willfully violates the provisions of Section 1.25.030 is guilty of a misdemeanor. B. In addition to any criminal penalty, if, after a candidate is elected, the candidate is convicted of a violation of the provisions of Section 1.25.030, the election to office of such candidate shall be void and the office shall become vacant as of the date of conviction or on the dale upon which the candidate would otherwise take office, whichever occurs later. In such event, the vacancy shall be filled in accordance with the provisions of 403 of the City Charter. If a candidate is convicted of a violation of Section 1.25.030 at any time prior to the election of the candidate, the candidacy shall be terminated immediately and the candidate shall no longer be eligible for election. C. The City Attorney shall have the power to enforce this chapter only to the extent that office has authority to enforce provisions of the Political Reform Act. In the event that the City Attorney is not authorized to enforce the provisions of this chapter, the District Attorney shall generally function as criminal prosecutor and the City Council shall have the authority to appoint a special counsel to enforce civil penalties as provided in subsection (B), or to function as the criminal prosecutor in the event that the District Attorney is unable or unwilling to do so. 1.25.050 Severability. If any provision of the ordinance codified in this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the ordinance codified in this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of the ordinance codified in this chapter are severable. SECTION: 2: That if any section, subsection, sentence, clause or phrase of this Ordinance 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 Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2009, and adopted on the _ day of 2009, by the following vote, to -wit: AYES, COUNCILMEMBERS 4 NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR Edward Selich ATTEST: By Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By David R. Hunt, City Attorney