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