OPENING CEREMONIES

1. CALL MEETING TO ORDER

Mayor Millsap called the Adjourned Regular City Council Meeting of October 5, 2006 to order at 7:27 P.M. in the Multi Purpose Room at 1245 Hacienda Road.

2. ROLL CALL

Present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas and Fred Klein.

Staff: City Attorney Sandra Levin, City Manager Ronald Bates and Consultant Marc Blodgett.

3. FLAG SALUTE

Mayor Millsap led the flag salute.

PUBLIC HEARING

4. LHH MUNICIPAL CODE ARTICLES 4, 5, 6, 7, 8, 9, 10, 12 AND CHAPTER 1.3

City Manager Bates commented that they have written communication from Ginger Skinner, Dick and Peggy Caslow and a petition signed by several people.

Mayor Millsap opened the Public Hearing for Public Comment.

Judy Hathaway Francis, Chota Road, stated that she has a petition signed by 37 people and if she had more time she could have gotten 15 to 20 more signatures and these people were all positive that the new Code should be approved. If after testing it some items may prove onerous it can be changed. She read that these petition signers do not support a Community wide vote.

Ginger Skinner, Kanola, commented that she was concerned with the nonconforming section of Article 7; what triggers the discretionary review? There seems to be contradiction in this area; animal permits should not be required for 4-H participants as we are supposed to encourage them. She was of the opinion that some of the nonconforming homes would have to be torn down.

Stephen Blagden, Coban Road, spoke about the hardscape area and the graded area mentioned in Exhibit 7-13, the word “net” needs to go back; the net area is the area of the lot for which the owner has unrestricted use. This causes an advantage for the spec developer.

Norm Zezula, commented that if the residents want a rural and any other character of La Habra Heights they must follow the General Plan and it’s Codes. We must support all of these whether it affects us or not.

City Attorney Levin explained that a discretionary review is not triggered unless you want to modify your nonconforming home. The changes must not make the nonconformity worse. There are two levels of review, the Administrative Review and the Planning Commission Review.

Mayor Millsap closed the Public Comment part of the Public Hearing.

City Attorney Levin explained that they would not include the provision repealing Chapter 1.4, “Bonding and Insurance” of the existing Code. It did not get correctly incorporated into the new Code and we will just line it out.

Mayor Millsap moved to waive further reading and adopt Ordinance 267 including Articles 4, 5, 6, 7, 8, 9, 10, 12 and Chapter 1.3. With the exception of the repeal of Chapter 1.4 of the old Code. The motion was seconded by Mayor Pro Tem Bergman.

City Attorney Levin read the title of the Ordinance.

The motion was approved as follows:

AYES: Bergman, Douglas, and Millsap

NOES: Carroll and Klein

ABSENT: None

Councilmember Carroll thanked all of the people who have worked on this Code for so long. He explained that he is required to vote for all of the Code or none. He continued to explain the items he could not agree with.

PUBLIC COMMENTS

Norm Zezula noted that he had been rough on the Councilmembers especially Bruce Douglas, although he felt that he has worked tremendously hard on the new Code.

CITY COUNCIL COMMENTS

ADJOURNMENT

Mayor Millsap adjourned the City Council Meeting to the next Regular City Council Meeting on October 12, 2006 at 7:30 P.M.

ATTEST:

_______________________________

RONALD BATES, CITY CLERK