My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
CORRESPONDENCE - #08
Clerk
>
Agenda Packets / Staff Reports
>
City Council (2004 - Present)
>
2022
>
01/18/2022 Regular & Special SA
>
CORRESPONDENCE - #08
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/18/2022 4:02:40 PM
Creation date
1/11/2022 11:20:32 AM
Metadata
Fields
Template:
City Clerk
Date
1/18/2022
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
68
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
The amendments run afoul of the City Charter's explicit restrictions on changing the "general scope" of the <br />proposed HOO ordinance after its introduction. (City Charter Art. IV, Div. 2, Sec. 413 ["A proposed <br />ordinance may be amended or modified between the time of its introduction and the time of its final passage, <br />providing its general scope and original purpose are retained."].) Because the proposed amendments <br />changed the "general scope" of the ordinance by substantively altering its provisions, the proposed <br />ordinance must be re -introduced before adoption, allowing for another waiting period to pass before the <br />modified ordinance can be adopted.' This important step helps to ensure that laws, especially those as <br />consequential as the HOO, are drafted carefully and are provided with a full and open review by the public <br />before their ultimate approval.' <br />The City Council's vote on the HOO amendments provides context on why these guardrails should be in <br />place. When the City Council voted on the Mayor's substitute motion containing the variety of newly <br />proposed amendments —introduced mere minutes before the rushed vote at approximately 1:30 am —the <br />voting screen only stated "Substitute motion" without providing additional context about the exact changes <br />proposed. Because of the proposed ordinance's changed scope, it appeared that some City Councilmembers <br />were confused over what was proposed while they cast votes on those very amendments. The HOO <br />amendments were a moving target, even up until the final seconds before their early morning approval. <br />BIA/OC objects to the changes to the HOO introduced by the City Council and respectfully requests that <br />the motion approving the rushed array of new amendments changing the ordinance's general scope be sent <br />back to the Planning Commission for further review. <br />Sincerely, <br />Adam Wood <br />Vice President <br />Building Industry Association of <br />Southern California <br />Orange County Chapter <br />i Foley, Ordinances and Resolutions: Practice Tips for Effective Legislation, League of California Cities Annual <br />Conference<https://www.cacities.org/uploadedfiles/leagueintemet/53/530f101f-f778-47cf-8995-3fca3e8bal29.pdf> <br />(as of December 1, 2021), stating "Alterations (other than for typographical or clerical errors) prior to second <br />reading require re -introduction for all non -urgency ordinances" (emphasis added). <br />'How Local Agencies Make Things Happen, Institute for Local Government (June 2014) <https://www.ca- <br />ilg.org/sites/main/files/file-attachments/how_agencies_make_things _happen_june_2014.pdt> (as of December 1, <br />2021), stating "If substantive changes are made to a proposed ordinance after it is first introduced, it generally will <br />need to be re -introduced and another waiting period must pass before the modified ordinance can be <br />adopted. These steps ensure that laws are drafted as carefully as possible and to ensure that a full and open review <br />of the ordinance occurs that permits the public to review and comment on the proposed law prior to its approval" <br />(emphasis added). <br />
The URL can be used to link to this page
Your browser does not support the video tag.