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5846ORDINANCE NO. 5846 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.099 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCEDURAL MATTERS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Section 1.12.099 be, and the same is hereby, added to Chapter 1.12 of Title 1 of the Anaheim Municipal Code to read as follows: "1.12.099 LEGAL EFFECT OF FAILURE OF ACTION BY THE CITY COUNCIL UPON ANY MOTION, RESOLUTION OR ORDINANCE. Notwithstanding any other provision of this Code to the contrary, in the event of a tie vote upon any motion, resolution or ordinance, or in the event a motion, resolution or ordinance fails to receive the minimum number of affirmative votes legally required for adoption, and no other action is taken at the same meeting with regard to such subject matter, the following rules shall apply with regard thereto: .010 If such failure of action is the result of the absence of one or more City Council members who would otherwise have been legally qualified to vote on such matter and which vote(s) could have resulted in the adoption of the motion, resolution or ordinance, the matter shall be deemed automatically continued by operation of law to the next regular meeting for further consideration. .020 If such failure of action is the result of an abstention by one or more City Council members (whether legally required or otherwise) upon any matter previously acted upon by a lower tribunal and which action of the lower tribunal would have become final but for an appeal to or review by the City Council, the decision of the lower tribunal, including all findings of fact and/or conditions of approval contained in such decision, shall be deemed reinstated and in full force and effect by operation of law as of the date of such failure of action. In all other instances, such failure of action shall be deemed a denial of the matter, request or application by operation of law. The term lower tribunal, as used herein shall mean the Planning Commission, Zoning Administrator or any other commission, board, 1 official, hearing officer or employee of the City when making a decision which, by law, would be final in the absence of an appeal to or review by the City Council. .030 Any action by operation of law pursuant to subsection .020 above shall be deemed a final decision for all purposes as of the date of the vote which results in such failure of action by the City Council (subject to any rehearing procedures otherwise available) except that any action pursuant to either subsection .010 or .020 above shall be subject to rescission or reconsideration in the time and manner set forth in the City Council Rules of Order adopted by resolution of the City Council." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, phrase or word of this ordinance as hereby adopted be declared for any reason to be invalid, it is the stated intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thi 7th day of January , 2003. MA10-R OF T TY OF ANAHEIM ATTEST: )4�L CkfL TY CLEKK OF HE CITY OF ANAHEIM 47634.1 V, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5846 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of December, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 7th day of January, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: (SEAL) I- - T . _ _ _ None XL/ TY CLER OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 16, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on January 16, 2003 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDINANCE NO. 5846 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.099 TO CHAPTER 1.12 OF TITh 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCEDURAL MATTERS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SFGTION i. That now Section 1.12.099 be, and the sane is hereby, added to Cfhapter 1.12 of Title 1 of the Anaheim Municipal Code to read as folbwa: "1.12.099 LEGAL EFFECT OF FAILURE OF ACTION BY THE CITY COUNCIL UPON ANY MOTION, RESOLUTION OR ORDINANCE. Notwdhstending any other provision of this Code to the con trary, in the scent of a to vote upon any motion, resolution or ordfner", or in the event a motion, resolution or'ordi- nance fails to not aive the minimum number of affirmative votes 19C requ Md for adoption, and no other action is taken sitswr*Towith regard to such subject mat- ter, the fold *ft rules' -90 apply with regard thereto: .010 If such fetlure of action is the result of the absence of one or more C'ty Council members who would otherwise have o=re qualified to vote on such matter and which votes) could have resulted in the adoption of the mo- tion, resolution at ordinance, the matter shall be deemed au- tomatically continued by operation of law to the next regular meeting for further consideration. .020 If such failure of action is the result of an abstention by one or more City Council members (whether legally re- quired or otherrww�isse� upon any matter previously acted upon by a lower tdExinat and which action of the lower tribunal would have become final but for an appeal to or review by the City Council, the decision of the lower tribunal, includinngg all findings of fact and/or conditions of approval corrtekhed in such decision, shall be deemed reinstated and in full force and effect by operation of law as of the date of such failure of action. In all other instances, such failure of action shall be deemed a denial of the matter, request or applies - bon by operation of law. The term 'lower tribunal' ae used herein shall mean the Planning Commission, Zoning Admin- istrator or any other commission, board, official, heady offs - car or employee of the City when making a decision which, by law, would be final in the absence of an appeal to or re- view by the City Council 030 Any action by operation of taw pursuant to subsection .020 above shall be deemed a final -decision for all purpos- es as of the date of the vote which results in such fallure of action py the City Council (subject to any rehearing proce- dures otherwise available) except that an action pursuant to either subsection .010 or .02t) above shall be subject to rescission or reconsideration in the time and manner set forth in the City Council Rules of Order adopted by resolu- tion of the City Council." - .SECTION - SEVERABILITY. ' The City Council of the City of Anaheim hereby declares that should ar�y section, subsection, paragraph, sentence, phrase or word of this ordinance as herebyopted be de- clared for arty reason to be Invalid, it is the= intent of the Ctty Council that d would have adopted all other por- tions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 7th day of January, 2003. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM Introduced December 17, 2002 AYES: MAYOR/COUNCIL MEMBERS: MCCRACKEN, CHAPRI 7AIT, HERNANDEZ NOES: MAY Mone ABSENT: MAY M Node