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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, or any other commission, board, 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. (Ord. 5846 § 1; January 7, 2003: Ord. 6156 § 1; September 22, 2009.)