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RES-1989-315RESOLUTION NO. 89R-315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Anaheim heretofore adopted its Resolution No. 88R-405 establishing procedures and rules of order for the conduct of City Council meetings, business and proceedings; and WHEREAS, the City Council desires to amend said procedures and rules of order in the manner hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council that the procedures and rules of order heretofore adopted by the City Council pursuant to Resolution No. 88R-405 ("Rules") be, and the same are hereby, amended as follows: SECTION 1. Article II of the Rules is hereby amended in its entirety to read as follows' "II. ORDER OF BUSINESS The business of the Council, at its regular meetings, shall be conducted in accordance with the following order' I. CALL TO ORDER II. III. IV. V · CLOSED SESSION INVOCATION/FLAG SALUTE INTRODUCTION OF GUESTS/PRESENTATIONS APPROVAL OF MINUTES VI. REPORT OF FINANCIAL DEMANDS VII. CONSENT CALENDAR VIII. OTHER DEPARTMENTAL BUSINESS IX. ZONING ADMINISTRATOR ITEMS X. PLANNING COMMISSION ITEMS XI. ZONING AND LAND USE ORDINANCES XlI. ITEMS INITIATED BY THE PUBLIC/ORAL COMMUNICATIONS XIII. COUNCIL COMMENTS XIV. PUBLIC HEARINGS XV. ADJOURNMENT" SECTION 2. Paragraph D of Article III of the Rules is hereby amended to read as follows: "D. Voting If voting is by voice vote, the chair shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote or visual display. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record. A tie vote results in the failure of the motion, resolution or ordinance. Where a Council decision is required by law, a tie vote is neither an approval nor denial and' the matter is still before the Council for action. Only those members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. In the event of a tie vote upon any motion, resolution or ordinance, or in the event a motion, resolution or ordinance receives more affirmative then negative votes but fails to receive the minimum number of affirmative votes legally required for adoption, the following rules shall apply with regard thereto: 1. If such failure of action is the result of the absence of one or more 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. 2. If such failure of action is the result of an abstention by one or more members (whether legally required or otherwise), such matter shall be deemed denied by operation of law without further action; provided, however, that if such abstention(s) was (were) required pursuant to the Political Reform Act of the State of California (Government Code Section 81000 et seq.) or other applicable law, one or more of the abstaining members shall be legally entitled to vote on such matter to the extent permitted by applicable law. 071789 - 2 - 3. Any action by operation of law pursuant to subparagraph 2 above shall be deemed a final decision of the City Council for all purposes (subject to any rehearing procedures otherwise available) except that any action pursuant to either subparagraph 1 or 2 above shall be subject to reconsideration in the time and manner set forth in these rules." SECTION 3. Except as expressly amended herein, Resolution No. 88R-405 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this25th day of Ouly, 1989. ATTEST' CITY CLHERK OF THE CITY OF ANAHEIM JLW-lm 3217L 071789 = 5 = CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-315 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of July, 1989, by the following vote of the members thereof' AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES · COUNCIL MEMBERS- None ABSENT' COUNCIL MEMBERS' None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-315 on the 26th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of July, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-315 duly passed and adopted by the Anaheim City Council on July 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM