See Also: Index of all Measures

Background. The State Zoning and Planning Law authorizes each City to establish a Planning Commission to decide land use matters delegated by the City Council and to make recommendations to the City Council on other land use matters. In 1981 the La Habra Heights City Council adopted Section 2701 of the City's Code to establish a Planning Commission of five Commissioners and an Alternate, all appointed by the City Council and serving at the pleasure of the City Council. The current City Council has placed Measure B before the voters of the City to adopt Ordinance No. 235 to amend Section 2701 of the City's Code to change the manner in which Planning Commissioners are appointed and to require voter approval of any further change to that Section.

Effect of Ordinance No. 235. If adopted by a majority of the voters, Ordinance No. 235 would amend Section 2701 to provide as follows: The Planning Commission would continue to have five Commissioners and an Alternate, who would be required to be residents of the City. Each member of the City Council would have the power to appoint a Commissioner, who would serve at the pleasure of that Councilmember. The Alternate would be appointed by the Council acting as a whole.

Commissioners would serve for one-year terms and could be removed mid-term by the Councilmember who appointed them or by a 4/5 vote of the Council as a whole. The Alternate would also serve for a one-year term and could be removed mid-term by a simple majority of the City Council. Commissioners and Alternates could be appointed to multiple terms if the Councilmember or Council making the appointment so chose.

As is currently the case, the Alternate would have voting power only if one or more Commissioners were absent or were to abstain from a matter as, for example, to avoid a conflict of interest.

If Ordinance No. 235 is approved by the adoption of Measure B, any further substantive amendment of Section 2701 would require another vote of the people. The City Council would have the power to amend Section 2701 only to change its section number or as necessary to comply with state or federal law.

Some City governments appoint Planning Commissioners in different manners. Some Cities provide that each Councilmember appoint one Planning Commissioner, versus selection by a majority Council vote (which is how it is currently done in La Habra Heights).

While there are pros and cons to both appointment procedures, your current Councilmembers believe that individual Councilmember appointments of a Planning Commissioner will better represent all the views of the community. A "yes" vote on this measure will result in each Councilmember making an appointment of a Planning Commissioner.

We urge you to vote YES on March 6, 2001.

John Powers, Mayor; John Daniel, Mayor Pro Tem; Carol Engelhardt, Councilmember; Fred Klein, Councilmember; Claire Spothelfer, Councilmember