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Ordinance No. 1217 328 ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 2-2.11 AND 2-2.20 OF THE CYPRESS MUNICIPAL CODE RELATING TO VOTING PROCEDURES IN CITY COUNCIL MEETINGS GOVERNING ABSTENTIONS AND RECONSIDERATION WHEREAS, the City Council (the "City Council") of the City of Cypress (the "City") is authorized to establish rules of conduct for its proceedings pursuant to Government Code section 36813; and WHEREAS, the conduct of City Council meetings is governed by Section 2 of the City's Municipal Code and Robert's Rules of Order; and WHEREAS, Cypress Municipal Code Section 2.2-11 subsection (e) currently requires a council member to be on the prevailing side if he/she wants to make a motion to reconsider their previous vote; and WHEREAS, Cypress Municipal Code Section 2-2.20 currently counts abstentions as a vote in favor of a particular motion; and WHEREAS, the City intends for abstentions to be handled in accordance with Roberts Rules of Order per Cypress Municipal Code Section 2-2.11(f); and WHEREAS, by adoption of this Ordinance, the City Council wishes to amend Cypress Municipal Code Sections 2-2.11 and 2-2.20 to modify their voting procedures regarding abstentions and motions to reconsider. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and incorporated herein as findings of the City Council. SECTION 2. Subsection 2-2.11(e) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in gh): —§ 2-2.11 Council meetings-Rules of debate. (e) Motion to reconsider. A motion to reconsider any action taken by the council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one on the prevailing side or a member who abstained from the vote, but may be seconded by any council member and may be made at any time and have precedence over all other motions or, while a council member has the floor, it shall be debatable." SECTION 3. Section 2-2.20 of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in ): "§ 2-2.20 Same-Same-Disqualification and abstention. No city council member shall be permitted to disqualify him/herself if such disqualification results in a tied vote unless such disqualification shall have been approved by the city attorney or by vote of the remainder of the council. - - - - - _ - . . ' '.. •. . motion." SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 5. Effective date. This Ordinance shall become effective thirty (30) days from its adoption. 329 SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of May, 2025. d 9X/t ATTEST: MAYOR OF THE CITY OF CYPRESS � uR CITY CL RK OF THE C TY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 27th day of May, 2025, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 46theiee CITY CLE K OF THE CITY OF CYPRESS