HomeMy WebLinkAboutTC Ord 1965-10-05
ORDINANCE NO. 45
AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING
AND ORGANIZING A PLANNING AGENCY AND COMMISS 101\
PURSUANT TO SENATE BILL NO. 7l6, CHAPTER 1880.
The City Council of the City of Tiburon does ordain as fol-
lows:
Section 1. FINDINGS. The City 06uncil of the City of Tiburon
does hereby t1nd and declare that the following facts are true:
(a) The california Legislature just recently enacted into law
Senate Bill No. 7l6, Chapter 1880, which amends certain sec-
tions of the Government Code of the State of california, and re-
peals all of Chapter 3 of Title 7 of said Code, which said chap-
ter governed local planning, the authority for appointment of
Planning Commissions, the organization of Planning Commissions,
etc. Said Senate Bill No. 716, Chapter 1880, further provides,
inter alia, that "by ordinance the legislative body of each county
ana-ci~all establish a planning agency. Such planning agency
may be a planning department, a planning commission, or the legis-
lative body itself, or any combination thereof."
(b) The City of Tiburon has been incorporated slightly more than
one year and is, in good faith, and as expeditiously as pos-
sible, conducting studies for the purpose of preparing adequate
and comprehensive zoning ordinanc~and permanent regulations relat-
ing to zoning and land development. Professional planning consul-
tants have been retained and the City is attempting in utmost goog
faith to expedite the establishment of the various planning agencies
allowed by law, and to make use of all planning aids and facilities
available.
(c) In order to provide for the immediate preservation of the pub-
lic peace, health and safety which would be jeopardized by
failure to bake Unmediate advantage of all State laws relating to
planning and zoning, and thereby frustrating the purposes and ob-
jectives of the various studies, programs and Citizen's Committee
recommendations, and in order to bring the City into immediate com-
pliance with mandatory provisions of State law as recently enacted
in Senate Bill No. 716, Chapter 1880, it is necessary that this or-
dinance be adopted to take effect iIImediatelyas permitted in Sec-
tion 36937 of the Government Code.
Section 2. There is hereby established a planning agency and
a plann1ng commission for the City of Tiburon.
Section 3. The planning agency of the City of Tiburon shall
be the plann1ng commission of the City of Tiburon.
Section 4. The planning agency and the planning commission
shall consist of five members, all of whom shall be appointed by
the Mayor with the approval of the City Council, and may be re-
moved from office by the Mayor, with the approval of the City
Council.
Section 5. The first member appointed to the planning agency
and the planning commission shall have a term of office of four
years. The second member appointed shall have a term of office of
four years. The third member appointed shall have a term of office
of three years. The fourth member appointed shall have a term of
office of two years. The fifth member appointed shall have a term
1.
of office of one year. Successors to the first appointed members
of the planning com~ission shall hold office for four years.
Section 6. All actions heretofore taken by the City Council:
and theplann~ng commission, and all appointments of the Mayor, ta-
ken under the provisions of prior ordinances and resolutions, and
other applicable law, are hereby confirmed, ratified and approved.
Section 7. If any section, subs~ction, sentence, clause or
phrase of th~s ordinance is for any reason held to be invalid o~
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remain-
ing portions of the ordinance. The City Council of the City of
Tiburon, State of California, hereby declares that it would have
passed this ordinance and each section, subsection, sent~nce,
clause and phrase thereof, irrespective of the fact that anyone
or more other sections, subsections, clauses or phrases be declared
invalid or unconstitutional.
Section 8. This ordinance shall take effect immediately
upon aaopt~on as an urgency ordinance, being for the iumlediate
preservation of the public peace, health, safety and welfare of
the residents of the City of Tiburon. The facts constituting such
u,gency are as heretofore set forth in Section 1 hereof.
Section 9. Within 15 days from and after the date of adoption
hereof, th~s ordinance shall be published, with the names of the
members voting for and against the same, at least once in a news-
paper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on the 5th day of October, 1965, by
the following vote:
AYES:
NO ES :
ABSENT:
Councilmen: Ell inwood, Hannahs, Hoffmire, Parnel J, Strawbridge
Councilmen: None
Councilmen: None
ATTEST:
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E E D. R~ C1ty Clerk
10/5/65