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HomeMy WebLinkAboutOrd. Nos 1991-908-928NO. 910 AN ORDINANCE OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, PREZONING 10.5 ACRES LOCATED NORTH OF RUNNING DEER ROAD AT ITS INTERSECTION WITH _ ROLANDO ROAD FROM R-R (RIVERSIDE COUNTY RURAL RESIDENTIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL). (ZONE CHANGE 90-14: TOZAI~ INC.) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 389-029-5 and 389-029-8 from R-R (Riverside County Rural Residential) to R-1 (Single-Family Residential) on approximately 10.5 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zoning District. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan. 3. This request and its associated project will not have a significant impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. Page 2 Ordinance No. 910 INTRODUCED AND APPROVED UPON FIRST READING this "28th day of May, .1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS BUCK, DDMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of June 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMIN~UEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE M. Washburn, Mayor of Lake Elsinore P Vicki Lynne ~asad, City Clerk City of LakeVV~Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: 1rll John Harper ity Attorney City of Lak Elsinore EXHIBIT LAFCO NO. ANNEXATION CITY OF LARE NO. 58 ELSINORE Those portions of Parcel 2 and Lot B of Parcel Map 8699 on file in Book 36 of Page 37 of Parcel Maps, records of Riverside County, California, described as follows: BEGINNING at the Southwest corner of said Lot B, thence South 89° 36' 07" East, 661.30 feet along the South line of said Lot B to the Southeast corner thereof; THENCE North 00° 43' 24" East, 663.00 feet along the East line of said Lot B, said Parcel 2 to the Northeast corner of document recorded July 27, 1990, as Instrument No. 278530, records of Riverside Co~nty; THENCE North 890 36' 07" West, 661.55 feet along the North line of said Instrument No. 278530 and a document recorded February 14, 1990 as Instrument No. 56481, records of said Riverside County, to the Northwest corner of said Instrument No. 56481, also being a point on the West line of said Parcel 2; THENCE South 000 42' 06" West, 663.00 feet along the West line of said Parcel 2 and Lot B, to the POINT OF BEGINNING. RANDALL S. HAIIEY LS 4251 Randall S. Bailey, P.~~ L.S. 4251 - Exp. 6-30- 2 THE KEYTH COMPANIES-BUTTERFIELD, INC. May 7, 1991 nAn WO 80410.01/TOZAI/EXH. A n ~ ~ ~ ~~ ~~ ,L E s/r~ of h~; RuvA!!N'y 2t wyE DEER kEp 3~~ Roap 2Ea! ~iTrof ° o SAKE o Q E/ O ~~ ~ Z D ~ W ~ , Q~ ~~ alp , ~ viciNiry n~A~ NTS. " N. 89°3G ~ 07 " W. r\ M ~~ Nh N o~ ~ ~ \ ``On) V E, ;~ ~'• ~ `% J..~ ~ ~. • ' .. ' ' f• i.4,~ '• /`~ /NST. NO. s~4aY ~ ~ ~\ ~ ~~ N ~~ O ~~ ~ ~ RU/ViV//VG ,DEER /Z0~90 ,, T ~'~~ .~. .'~ ..6!0/.55.' 1 Q~ V ~~ /NST. No. ayes so REC. 7-27-OJO Q!t',R/l!CO. O^ 'On V Y W a ~ ti Dec/orafion of dedication rec. 8-lm-7B ns /nsf # /7?843 / ;. '/V.89°36'07"!~/ ~ 66/.30' C/TY - - OF CA/(E ELS/NORF....-_~` CORPORATE f30uND.9R~ ROLANDO RO.Y~D~ ANNEXAT/O/V NO. 58 C/TY OF LAKE ELS//VORE ~I PORT/ON OF PCL. 2 P. M. 8699 PM/3K3637 LAFCO /VO. THE KEITH COMPANIES - Bu7TERFIELD.INc PLMNINB - ENBIIEEftIND - LMO 9UNYEYIIN ~ ~~-'~` nlltT NI7! F ENVIRCMENiAL BERVICEB - PU.IC {IOW(8 IJV~ llDlil~ll[. G. YFDlO VATER RESOURCES - LMOBCME ARCIIITECTIIRE vise maue~ 30', 3d lnn~~, i2ANUAlI S ELiIIEY i_s a2~i ~' Z~ SCALE ~ "`~;`~n~~' W,p, RANDALL S. BAILEY 80~I /O.O/ LS 4261 EXP. 8/30fRJ ~xHiis/T A STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE I, Vicki"Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 28, 1991, and had its second reading on June 11, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY~OF LAKFJ ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 910 of said Council, and that the same has not been amended or repealed. D: June 12, 1991 ~4 .~ ~~"' CKI LYNNE }SAD, CITY CLERK CITY OF LAKE`ELSINORE (SEAL) ORDINANCE NO. 911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX AND BUSINESS LICENSE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the Municipal Code of the City of Lake Elsinore makes provisions for a Transient Occupancy Tax; and WHEREAS, the said Municipal Code makes provision for a City Business License Tax; and WHEREAS, there is a need to modify certain of said provisions. FOLLOWS: NOW, THEREFORE, BE IT DETERMINED AND ORDAINED AS 1. The foregoing recitals are true and correct. 2. Said ordinance shall provide as follows: SECTION 1. Section 3.24.030 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 3.24.030 - Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax rate determined as a percent applied to the rent charged by the operator. The rate of said tax shall be as set by resolution of the City Council. Said tax constitutes a debt owed by the transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. SECTION 2. Section 5.04.100 of the Lake Elsinore Municipal code is hereby repealed and re-enacted to read as follows: Page Two Ordinance No. 911 5.04.100 - Place. "Place means any room, building or place in/on, which there is carried on a business activity licensed under and pursuant to Chapters 5.08 through 5.20. SECTION 3. Section 5.04.110 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 5.04.110 - Selling. "Selling" means and includes selling, offering to sell or contracting to sell, at wholesale or retail, any goods, wares, merchandise or services within the City. SECTION 4. Section 5.08.200 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 5.08.200 - License Payment--Delinquency Penalties. For failure to pay a business license fee when due, the City shall add the following penalties: A. Ten percent of the business license fee on the fifteenth day of the month following the due date; and B. Twenty-five percent on the fifteenth day of the second month following the due date; and C. Fifty percent on the fifteenth day of the third month after the due date thereof; provided, that the amount of such penalties to be added shall in no event exceed fifty percent of the amount of the business license fee due. SECTION 5. Section 5.12.070 is hereby added to the Lake Elsinore Municipal Code to read as follows: 5.12.070 - Not-for Profit Business. Every business qualified as not-for-profit under Internal Revenue Code Section 501 shall be exempt from payment of the cost of a license; provided such business has met all other requirements of Chapters 5.04 through 5.20. SECTION 6. Section 5.16.070 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: Page Three Ordinance No. 911 5.16.010 - Generally. A. The several rates to be paid for licenses to commence, manage, engage in, maintain, conduct or carry on business, professions, vocations, callings, trades, occupations, shows, exhibitions and games within the City as classified in this chapter shall be set forth by Resolution as adopted by the City Council. B. Specific fees shall be set forth for the various classifications named in this chapter. SECTION 7. Section 5.16.020 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 5.16.020 - Business License Fees-Increases. A. The business license fees for the various classifications of businesses shall be established by resolution of the City Council. B. Deleted. C. At any time, the City Council may by resolution increase or decrease the business license fees. SECTION 8. Section 5.16.030 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 5.16.030 Classification Which Require License Fees Designated -- Determination For Other Business. A. Each business, profession, vocation calling, trade, occupation, show, exhibition and game shall pay the business license fee specified for the following classifications: 1. General; 2. Skilled and professional; 3. Contractors; 4. Rentals; 5. Vending machines; and 6. Miscellaneous. Page Four Ordinance No. 911 B. In the event a business, profession, vocation, calling, trade, occupations, show, exhibition or game does not readily appear to fall in one of the above-listed classifications, then the City Manager, or his designee, shall determine which classification shall be applicable, and any person aggrieved by such decision may administratively appeal such decision to the City Council. SECTION 9. Section 5.16.050 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read as follows: 5.16.050 - Skilled And Professional Categories. A. The skilled and professional classification includes professional businesses and establishments offering skilled services, and includes, by way of example, the following: 1. Accountants; 2. Attorneys at law; 3. Engineers or surveyors; 4. Laboratories, chemical or other type; 5. Veterinarians; 6. Architects or designers, engaged in the business of preparing plans and specifications for buildings, structures or other projects; 7. Doctors, dentists, chiropractors, and other health care providers; 8. Undertakers and mortuaries; and 9. Brokers, including real estate, insurance and stock. SECTION 10. Section 5.16.070 of the Lake Elsinore Municipal Code is hereby repealed. SECTION 11. Section 5.28.060 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read: 5.28.060 - Fees. The following fees shall be paid by the applicant to the City as follows: Page Five Ordinance No. ~~_ A. An application fee in the amount of five thousand five hundred dollars shall be paid by the applicant to the Administrative Services Director upon the filing of any application which is to be used to defray the costs of a complete investigation of the applicant and of all the other matters contained in the application and shall not be returned to the applicant whether said license or permit is granted or denied. B. A quarterly license fee of five thousand dollars plus one hundred seventy five dollars for each gaming table in excess of the minimum number of tables as set forth in Section 5.28.140; said license fee to be paid in advance for each calendar quarter not later than the fifteenth day of the first month of that quarter. C. A quarterly permit fee based upon a percentage of gross receipts according to the schedule set forth below, with a minimum of seven thousand five hundred dollars; said fee to be paid by the fifteenth day of the month following the end of the calendar quarter. 0- 300,000 - $ 7,500 300,001- 500,000 - 7,500 + 2.5~ of excess over 250,000 500,001-1,000,000 - 12,500 + 3.0$ of excess over 500,000 1,000,001-2,000,000 - 27,500 + 3.5~ of excess over 1,000,000 2,000,001-3,000,000 - 62,500 + 4.0$ of excess over 2,000,000 3,000,001-4,000,000 - 102,500 + 4.5$ of excess over 3,000,000 4,000,001 and over - 147,500 + 5.0~ of excess over 4,000,000 D. License and permit fees acquired prior to any quarterly date as referred to above, shall be prorated to the nearest quarterly payment date and thereafter such renewals shall be made in strict compliance with the provisions of this chapter. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. Page Six Ordinance No. g11 INTRODUCED AND PASSED UPON FIRST READING this 8th day of January, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22, day of January, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: A TEST: CKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: N R. H RPE CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on January 8, 1991, and had its second reading on January 22, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI-LYN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 911 of said Council, and that the same has not been amended or repealed. DATED: January 23, 1991 VICKI LYNN KASA , CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. 912 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING TWO (2) 9,000 SQUARE FOOT PARCELS FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED BETWEEN RILEY AND LANGSTAFF STREETS APPROXIMATELY 250 FEET NORTH OF SUMNER AVENUE (ZONE CHANGE 90-12: ALBERT A. LEON) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 374-071-013 and 006 from R-2 (Medium Density Residential) to R-3 (High Density Residential) on approximately .41 acres, as illustrated in Exhibit 11A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-3 Zoning District. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for these sites consistent with the General Plan Land Use Designation being proposed for the Central Business District/Historic Downtown. 3. This request will not result in any significant adverse impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. Page 2 Ordinance No. 912 INTRODUCED AND APPROVED UPON FIRST READING this 26th day of February, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOP1INGUEZ, STAR KEY, WINKLER, WASHBURN NONE BUCK NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of March, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 4JINKLER, WASHBURN NONE NONE ABSTAIN: COUNCILMEMBERS: ary M. Washburn, Mayor City of Lake Elsinore ST: Vicki liyn~ Kasad, City Clerk City of La a Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, 'ty Attorney City of Lake sinore R 90-11 &12 ZC 90-12 -~,.,._,. r -- --- POrrEar---- ---- ---- - - ----- - , j ` , 20 ' I ~ /9 1 i If. /,,,~ 0 ~ . I ~ ' /r J ~ a ~~ J Q a __ ? . ' L V¢. N e Im ~ . ! 6 ___ _ ____ 4 y - t _ ~ - ___-_-_ .__.__ __._.._ __ -$-yMNE-R.__.__-._. -_-. - i i ___.._q.y~ i 10 /O In O © O ,:aR2, /9 q OKA 9oµ 6 O 7 /O ~5 / 4O // /] /: ~ ~ // c O O ' . ` `©/ /6 ~ ~ O ~ } / + .,YZf. /»../se a/far 2/ YO x ~ ll /9 /a O /s J /Oj /s i< ~ 0 72 ~, /e czf<. _ _ _ _ _ /P © // /F O Y e z /OE - c-z o ______ _ __ __ _ eJfa_ ______- _____ _ ___69f<c ___ e STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) - I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 26, 1991, and had its second reading. on March 12, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 1 VICKI LYN E KA AD, CI Y CLERK CITY OF KE ELSTNORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 912 of said Council, and that the same has not been amended or repealed. D ED: March 15, 1991 VICKI I,YN E KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE EL5INORE LEVYING SPECLAL TAXES WITHIN TIIE CITY OF LADE ELSINORE COMMiINITY FACILITIES DISTRICT N0.91-2 (5UM1ViERIIII.L PUBLIC IMPROVEMENTS) City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) WHEREAS, on February 26, 1991, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to establish the City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities; WHEREAS, this City Council has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of'the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 91-2 (Summerhill Public Improvements) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the City Council of the City of Lace Elsinore ordains as follows: Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-92 and in each fiscal year thereafter until payment in full of any bonds of the City issued for the District (the "Bonds") and all costs of administering the District. Section 2. The Director of Administrative Services of the City, or in his absence the Finance Director of the City, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum Lax specified in the Resolution of Pormation. Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution o£ Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment o£ the reserve fund for the Bonds, the payment of the costs of the Ciby in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City, or in his absence the Finance Director of the City, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1991- 92 and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to th.e remaining parcels within the District shall not be affected. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper -- of general circulation published and circulated in Lhe area of the DisLricC. Section 8. This Ordinance shall take effect 30 days from the date of final passage. PASSED AND ADOPTED this 23rd day of April, 1991, by the following vote: AYES: COUNCILMEMBERS: DOMIfJGUEZ, STARKEY,~WINKLER, WASHBURN NOES: COUNCILMEMBER5: NONE ABSENT: COUNCILMEMBERS: BUCK (S E '! ` ~,, iry M. Washburn, May City of Lake Elsinore Atte By: Approved as to Form & Legality: John R. arper, i i At o y City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 9, 1991, and had its second reading on April 23, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE VICKI LYN`E KASAD, CIT CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 913 of said Council, and that the same has not been amended or repealed. DATED: April 24, 1991 VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE ORDINANCE N0. 914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BUSINESS LICENSING. THE CITY COUNCIL OF THE CITY 'OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the Municipal Code of the City of Lake Elsinore makes provisions for a City Business License Tax; and IdHEREAS, there is a need to modify certain of said provisions. NOW, THEREFORE, BE IT DETERMINED AND ORDAINED AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. Said ordinance shall provide as follows: SECTION 1. Section 5.28.060 of the Lake Elsinore Municipal Code is hereby repealed and re-enacted to read: 5.28.060 - Fees. The following fees shall be paid by the applicant to the City as follows: A. An application by the applicant to the application which is to of the applicant and of shall not be returnee fee in the amount of five hundred dollars shall be paid Administrative Services Director upon the filing of any be used to defray the costs of a complete investigation all the other matters contained in the application and i to the applicant whether said license or permit is granted of denied. B. All licenses issued shall be issued on a quarterly basis, namely, on January 1st, April 1st, July 1st and October 1st of each calendar year. The license fees presecibed in this chapter shall be set forth and be payable in advance as follows: 1. For the minimum of thirty tables, a quarterly license fee of two thousand two hundred fifty dollars shall be paid; ?_. For each additional table, a quarterly license fee of seventy-five dollars shall be paid; 3. In addition, a permit fee in the sum of five hundred dollars shall be paid quarterly in advance. Also an additional permit fee shall be paid quarterly based upon one percent of the gross income, not to exceed the payment of one thousand two hundred fifty dollars for any one quarter or a payment of five thousand dollars in four consecutive quarters; 4. License and permit fees acquired prior to any quarterly date as referred to above, shall be prorated to the nearest quarterly payment date and thereafter such renewals shall be made in strict compliance with the provisions Page Two Ordinance No. 914 of this chapter. (Amended 1987; Ord 718 Sec. 3(part), 1984; Ord. 522 Sec. 6, 1973). THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. INTRODUCED AND PASSED UPON FIRST READING this 9th day of April , 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of April 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE A TEST: 1 ~ ~~~ VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOH R. H RPE CI Y AT NEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 9, 1991, and had its second reading on April 23, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE J~ // VICKI LYNN KASAI~CLERK CITY OF LA E ELSINORE (aEAL) S`.PATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct Dopy of Ordinance No. 914 of said Counoil, and that. the same has not been amended or repealed. DAT D: April 24, /1991 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE NO. ~ AN ORDINANCE OF TH8 CITY OF LAKE ELSINORE~ CALIFORNIA, pREZONING .35 ACRES LOCATED ON THE EAST BIDE OF LEWIB STREET BETWEEN GRAHAM AYENIIE AND HEALD AVENUE FROM R-1 (BINGLE- FAMILY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL. (ZONE CHANGE 91-2i ESI BUILDERS/RODNEY G. PENCE) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: BECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 374-182-005 and 006 from R-1 (Single-Family Residential) to R-3 (High Density Residential) on approximately 0.35 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning ordinance relating to property located within such R-3 Zoning District. Approval is based on the following: 1. The project will not have a significant impact on the environment. 2. The project is consistent with the direction the City is planning to go in the Central Business District of the General Plan. SECTION TWO: This Ordinance shall become effective as provided by law. Page 2 Ordinance No. 915 INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of April, 1991, upon-the following roll call vote: AYES: COUNCILMEMBERS: DDMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of May, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE M. Washburn, Mayor of Lake Elsinore A Y~5'1': Vicki L City of (SEAL) asad; Ci Elsinore APPROVED AS TO FORM AND LEGALITY: Attorne John Har er, Ci y Y City of Lake inore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 23, 1991, and had its second .reading on May 14, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYN SAD, CITY CLERK CITY OF E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct 'copy of Ordinance No. 915 of said Council, and that the same has not been amended or repealed. DATED: May 15, 1991 (\~/~~ IC I LYN KASAD, CITY CLERK CITY OF LA E ELSI2dORE (SEAL) ORDINANCE NO. 916 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA GRANTING A FRANCHISE TO PROVIDE A COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE TO JONES INTERCABLE OF SAN DIEGO, INC_ WHEREAS, the City of Lake Elsinore, hereinafter "City" has adopted Chapter 5.40 of its Municipal Code governing the grant of franchises to operate a community antenna television system within the corporate boundaries of the City; and WHEREAS, pursuant to the aforesaid Chapter 5.40, Jones Intercable of San Diego, Inc., a Colorado corporation, hereinafter called "Grantee", has made application to the City for a franchise to provide a community antenna television system; and WHEREAS, King Video Systems, Inc., is currently the Grantee of a franchise to provide community antenna television system within the City's corporate boundaries, and is presently doing so; and WHEREAS, after duly notice public hearing, the City Council determined pursuant to Government Code Section 53066, et seq. to not grant a second franchise to Grantee; and WHEREAS, in a case filed in the United States District Court, Central District of California, Case Number SACV 90-636-GET (RWRx), the Court issued a Memorandum Order for Permanent Injunction, entered April 8, 1991, compelling said City to issue a franchise for the operation of a community antenna television. system to Grantee on or before May 8, 1991.; and WHEREAS, City now desires to issue to Grantee a franchise for the operation of a community antenna television system pursuant to Municipal Code Chapter 5.40; NOW,, THEREFORE BE IT ORDAINED AS FOLLOWS: I 1. That the foregoing recitals are true and correct. 2. Jones Intercable of San Diego, Inc., is hereby granted a Franchise to provide a community antenna television system, said Franchise attached hereto as Exhibit 1 and incorporated by reference herein. r THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. INTRODUCED AND PASSED UPON FIRST READING this 14th day of May 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: WASHBURN ABSENT: COUNCILMEMBERS: NDNE° ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of May, 1991, upon the following roll call vote: AYES: couNCILMEMBERS: BUCK, DDMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: WASHBURN ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ATTEST: VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM & LEGALITY: ~~ JOHN R. HARPE , C TY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki 'Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 14, 1991, and had its second reading on May 28, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: WASHBURN ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. .916 of said Council, and that the same has not been amended or repealed. D: May 30, 1991 VICKI LYNNE ~ASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) FRANCHISE FOR COMMUNITY ANTENNA TELEVISION SYSTEMS DF!`TTTT.C WHEREAS, the City of Lake Elsinore, hereinafter "City" has adopted Chapter 5.40 of its Municipal Code governing the grant of franchises to operate a community antenna television system within the corporate boundaries of the City; and WHEREAS, pursuant to the aforesaid Chapter 5.40, Jones Intercable of San Diego, Inc., a Colorado corporation, hereinafter called "Grantee", has made application to the City for a franclAise to provide a community antenna television system; and WHEREAS, King Video Systems, Inc., is currently the grantee of a franchise to provide community antenna television system within said City's corporate boundaries, and is presently doing so; and WHEREAS, after duly noticed public hearing, the City Council of said City determined pursuant to Government Code Section 530G6, et se to not grant a second franchise to Grantee; and WHERP:AS, in a case filed in the United States District Court, Central District of California, Case Number SACV 90-636-GLT (RWRx), the Court issued a Memorandum Order for Permanent Injunction, entered April 8, 1991, compelling said City to issue a franchise for the operation of a community antenna television system to Grantee, a copy of which Memorandum Order is attached hereto as Exhibit "A", and made a part hereof; and WHEREAS, City now desires to issue to Grantee a franchise for the operation of a community antenna television system pursuant to Municipal Code Chapter 5.40; NOW, THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE does hereby grant to Jones of San Diego, Inc., a franchise to operate a community antenna television system as such is defined in Municipal Code Chapter 5.40, subject the following requirements: 1. This grant of franchise and the Grantee thereof are bound by the provisions of Lake Elsinore Municipal Code Chapter 5.40, as from time to time amended, with the following exceptions: (a) Section 5.40.060 U relating to broadcasting frequencies. (b) Section 5.40.060 V as to the compliance date only. (c) Section 5.40.080 C shall be construed to mean all services to which the existing franchisee presently provides service; i.e. universal cable television service. (d) Section 5.40.190 relating to the application process. (e) Section 5.40.200 relating to an application fee. 2. The duration of this franchise shall be Fifteen (15) years commencing on the effective date of the Ordinance granting the franchise. Lake Elsinore Municipal Code Chapter 5.40, attached hereto as Exhibit "II", is incorporated herein by reference and made a part hereof. 3. For the purposes of Section 5.40.080 (c), Franchisee shall be required to provide "universal service" to all areas within the territorial boundaries of the City of Lake Elsinore. "Universal Service" shall be defined as service ava ilability to all areas being served by the existing Franchisee, Kina Video, Inc. as of the date of the granting of this Franchise. r 1 2 3 4 5 6 7 8 9 10 11~' 12 13 14 15 16 17 ~.~: 6., 18 19 ma'r' 2 0 :y ~:.. 21 ;~~ 22 23 24 25 26 27 28 APR x;1991 i ~Y. 71C ( OF CA LIFURiJIA AiJ.4 .T=iiCE F I L ~ ~ .._~.~ --; APR 4 1991 I ~ CLERK, U.S, DISTRICT COURT S CENTRAL DISTRICT OF CAUFORN!P, SAPJTA ANA OFFICE ~ [~v '~.__ DE. _;... UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JONES INTERCABLE OF SAN. DIEGO, INC., Plaintiff, vs. CITY OF LAKE ELSINORE, GARY M. WASHBURN, FRED DOMINGUEZ, BILL STARKEY, JAY WINKLER, and WILL BUCK, Defendants Case No. SACV 90-636-GLT (RWRx) MEMORANDUM ORDER FOR PERMANENT INJUNCTION Plaintiff's motion for partial summary judgment, heard January 14, 1991, raises issues on apparent first impression of the Constitutionally permissible limits of additional-operator cable television franchise regulation, and the appropriate construction of California Government Code § 53066.3 on that subject. The Court holds that Plaintiff's motion must be granted, and issues a permanent injunction. I. BACKGROUND Plaintiff, Jones Intercable, is a large Colorado-based cable television service provider operating in over twenty states. r 1 2 3 4 5 6 7 8', 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's California branch, Jones Intercable of San Diego, applied to the City of Lake Elsinore in 1989 for a franchise to provide cable service within the City. Lake Elsinore is currently served by King Video, which has operated the only city cable franchise for the last fifteen years. At a July 1990 hearing, the City Council denied Jones Intercable's application based on the totality of the evidence presented. Although plaintiff had complied with all application requirements, the City based its denial on newly-enacted California Government Code § 53066.3,` which lays out factors a municipality must consider at a public hearing if it elects to grant an additional cable franchise where an existing operator is already franchised. Based on this denial, Jones Intercable brought this case, alleging a violation of its first amendment and equal protection rights under ~ g 53066.3 provides, in part: (a) If a city, county, or city and county elects to grant an additional cable television franchise in an area where a franchise has already been granted to a cable television operator, it shall do so only after a public hearing noticed pursuant to Section 6066, in a newspaper of general circulation as defined in Section 6000, where all of the following have been considered: (1) Whether there will be significant positive or negative impacts on the community being served. (2) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. (3) Whether there will be an unreasonable disruption or inconvenience to existing users or any adverse effect on future use of utility poles, public easements, and the public rights of way contrary to the intent of Section 767.5 of the Public Utilities Code. (4) Whether the franchise applicant has the technical and financial ability to perform. (5) Whether there is any impact on the franchising authority's interest in having universal cable service. (6) Whether other societal interests generally considered by .franchising authorities will be met. (7) whether the operation of an additional cable television system in the community is economically feasible. (8) Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant. 2 1 42 U.S.C. § 1983, without further exhausting its administrative 2 remedies. Patsy v Board of Regents of the State of Florida, 457 U.S. 3 102 S. Ct. 2557, 73 L. Ed. 172 (1982). Plaintiff has filed this motion 4 for partial summary ;judgment on the issue of liability, and for a 5 preliminary injunction.Z Plaintiff contends that it has agreed to 6 abide by all reasonable conditions and regulations of the City, there 7 is sufficient physical capacity to accommodate both Plaintiff's cable 8 system and the existing cable operator, no other cable operators are 9 currently seeking access to the City, and a substantial portion of the 10 City is undergoing new construction where there will be sufficient 11 capacity to accommodate both Plaintiff and the existing operator. It 12 argues .that, with no showing of lack of physical capacity, and with 13 plaintiff's willingness to comply with all the City's financial and i 14 technical requirements, the City was required to grant the plaintiff's 15 application for a cable franchise. 16 Defendants respond that the factors on which they based their 17 denial are (1) negative impacts on the community, (2) unreasonable 18 adverse aesthetic impacts on public and/or private property, (3) unmet 19 societal interests generally considered by franchising authorities, and 20 (4) lack of economic feasibility of an additional cable system. 21 Defendant's points and authorities, at 2. 22 The City has produced some evidence of potential physical 2.3 disruption of the public domain and aesthetic or economic impact on 24 private property in providing statutorily-mandated universal 25 service.' 26 2 The preliminary injunction was granted on January 14. 27 ' See 53066.3 (d) regarding mandated universal service. The 'L8 admissibility of this evidence is in doubt. Defendant's evidence to support the physical disruption argument was in documents 3 r 1 2 3 4 5 6 7 8 9 10 11~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 However, the great weight of evidence from the City shows the paramount reason the City denied the plaintiff's application was that it felt an additional cable franchise might impact negatively on the current cable franchise. See transcript, City Council Hearing at 383, 387, 389, 391. Defendant states: "amon g the purposes of the public hearing is the .protection of an existing franchise holder who has expended substantial sums in installing and undergrounding the initial service, including acquisition of the right of way and undergrounding, the cost of providing initial transmission equipment and the cost of meeting other requirements of the City Franchise Ordinance, including universal cable services, the providing of numerous community services including the tele-casting of City Council, Planning Commission and School District Meetings." Defendant's Opposition Memo at Page 12. Defendant maintains that plaintiff is only interested in providing service to the new outlying areas; that "clearly the playing field is not equal if the second or subsequent franchisee is allowed to place conduit in open trenches in conjunction with new construction, while the existing franchise operator is required to bear the costs of maintaining and updating an existing underground and overhead system." Id.' at II 12-13. ~~ ~ ~ ~ ~ ~ ~ ~~ / ~~ ~ ~ ~ ~ ~ submitted to the city council by King Video. The City did not produce affidavits or other admissible evidence at the hearing on this motion to create a genuine issue of material fact on this issue. However, for purposes of this motion, the Court will assume that the City could produce admissible declarations stating this information. 4 v 1 IZ. DISCUSSION 2 1. Summary iudgment standard. 3 On a motion for summary judgment, the non-moving party bears the 4 burden of proof with respect to elements essential to its case, and 5 summary judgment is appropriate if that party fails to make a sufficient 6 showing to establish a genuine issue of fact with respect to the ', 7 existence of the element. California Architectural Bldg. Products v. 8 Franciscan Ceramics, 818 F.2d 1466, 1468, (9th Cir. 87), cert. denied, 9 108 S. Ct. 689 (1988), citing Celotex Corporation v. Catrett, 477 U.S. 10 317, 106 S. Ct. 2548, 2552, 2553, 91 L. Ed. 265 (1986). To withstand 11 a motion for summary judgment, the non-moving party must demonstrate 12 "genuine factual issues that properly can be resolved only by the finder 13 of fact because they may reasonably be resolved in favor of either 14 party." California Architectural at 1468, citing Anderson v. Liberty 15 Lobby, Inc., 477 U.S. 2424, 106 S. Ct. 2505, 91 L. Ed. 202 (19.86). 16 Since the subject franchise application process involves 17 restriction of First Amendment rights, the government bears the burden 18 of supporting the alleged speech infringing ordinance. N.A.A. C.P. 19 Western Re4ion v City of Richmond, 743 F.2d 1346, 1351 (9th Cir. 1984). 20 2. Deve~oping legal status of cable television. 21 Any business or enterprise which involves protected First Amendment 22 elements receives heightened protection under the law. Each media of, 23 expression "must be assessed for First Amendment purposes by standards 24 suited to it, for each may present its own problems.." Southeastern 25 Publications, Ltd. v. Conrad, 420 U.S. 546, 557, 95 S. Ct. 1239, 1246, 26 (1975). This has led to different standards for newspapers, see Miami 27 Herald v. Tornillo, 418 U.S. 241, 94 S. Ct. 2831 (1974), than for 28 broadca:~t. television, see F.C.C. v. League of Women Voters, 468 U.S. 5 1 364,381, 104 S. Ct. 3106, 3118 (1984). 2 In 1969, the Supreme Court ruled that broadcast television and 3 radio are subject to rules and regulations that would not be permitted 4 under the high First Amendment standard that generally applies where 5 media of expression are involved. Red Lion Broadcastino Cq, v. F.C.C., 6 395 U.S: 367, 89 S. Ct. 1794 (1969). This higher degree of permitted 7 regulation, reflected in strict licensing, is justified udder what is 8 sometimes called the economic scarcity rationale: "the First Amendment 9 tolerates far more intrusive regulation of broadcasters than of other ~~ 10 media precisely because of the inescapable physical limitations on the 11 number of voices that can simultaneously be carried over the 12 electromagnetic spectrum." Quincy Cable TV v. F.C.C., 7G8 F.2d 1434, 13 1448 (D.C. Cir. 1985). In the early days of cable television, this same 14 "economic scarcity" rationale was applied to the growing cable 15 industry, and was the reason the F.C.C. was allowed to promulgate and 16 enforce "must carry" rules mandating cable networks carry local 17 broadcast signals as programming. See Carter Mountain Transmission 18 Coro, 32 F.C.C. 459 (1962), aff'd 321 F.2d 359 (D.C. Cir.), cert. 19 denied, 3~i7 U.S. 951, 84 S. Ct., 442, 11 L. Ed. 312 (1963). 20 However, as the technology of cable television further developed, 21 the dissimilarities between it and the broadcast media made it apparent 22 that no such economic or physical scarcity rationale would justify, 23 .regulation. Cable is transmitted by wire and is not subject to 24 limitations based on a limited number of electronic frequencies 25 available. Any limitations are based on the grounds of actual physical 26 space, i.e. how many wires can be put underground or strung on a 27 telephone pole. 28 / / / / / / 6 1 As cable technology progressed, the differences between it and the 2 broadcast media led to an emerging different standard. In 1985, the 3 "must carry" cable regulations promulgated by the F.C.C.. were declared 4 unconstitutional in 9uincV Cable TV v. F.C.C., 768 F.2d 1434, 1453 (D.C. 5 Cir. 1985). 6 While the degree of permitted cable industry regulation remained 7 uncertain, most courts adopted as the test for such regulation the 8 standard set by the Supreme Court in 1968 for regulation of 9 non-communicative aspects of other forms of speech in United States v. 10 O'Brien: "[A] government regulation is sufficiently justified (1) if 11 it is within the constitutional power of the government; (2) if it 12 furthers an important or substantial government interest; (3) if the 13 governmental interest is unrelated to the. suppression of free 14 expression; and (4) if the incidental restriction 'on alleged First 15 Amendment freedoms is no greater than is essential to the furtherance 16 of that interest." 391 U.S. 367, 377, 88 S. Ct. 1673, 1679 (1968). 17 In 1986, the Supreme Court, in effect, invited lower courts to 18 formulate the constitutional limits of cable television regulation' in 19 City of Los Angeles v. Preferred Communications, Inc. 476 U.S. `488 20 (1986), 106 S. Ct. 2034, 90 L. Ed. 2d 480. Following Los Angeles' 21 refusal to grant a cable television franchise, the Supreme Court 22 affirmed the Ninth Circuit's holding that the cable television medium. 23 "plainly implicate[s] First Amendment interests." Id. at 494, citing 24 Preferred Communications v. City of Los Angeles, 754 F.Ld 1396, 1401 25 (9th Cir. 1985). However, the Court specifically declined to state what 26 form of regulation was constitutionally permissible without a more 27 thorough factual development of the record. Id. at 494. The decision 28 left open the question of "whether the characteristics of cable 7 television make it sufficiently analogous to another medium to warrant application of an already existing standard or whether those characteristics require a new analysis." Id. at 496, Blackmun, J., concurring. 3. Current Ninth Circuit standards of permissible reaulation. 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Since the Preferred Communications decision, various circuits have continued to frame their interpretation of constitutionally permissible cable television exclusive franchise regulations.° The district courts in the Ninth Circuit have settled on a consensus of permissible cable television regulation, as reflected in Century Federal Inc. v. City of Palo Alto. California 648 F. Supp. 1465 (N.D. Cal. 1986), Group W. Cable, Inc. v. City of Santa Cruz 669 F. Supp 954 (N.D. Cal. 1987) and Pacific West Cable Co. v. Citv of Sacramento, California, 672 F. Supp. 1322 (E.D. Cal. 1987).5 This Court accepts the ° Other Circuits have examined the issue of exclusive cable franchises since Preferred. See Nor West Cable Communications Partnership v City of Saint Paul, _F.2d_, 1991 WL 5934 (8th Cir. 1991) (Where the evidence in the district court, reviewed under the "clearly erroneous standard," indicated the plaintiff, a cable company, never intended to complete the cable system, and could not have competed financially with the existing cable company, the second company lacked standing to pursue the grant of a second franchise); and Central Telecommunications v. TCI Cablevision Inc., 800 F.2d 711, 715 (8th Cir. 1986); (Grant of exclusive franchise encourages competition in this specific instance). Also see Communications Inc. v. City of Danville., 880 F.2d 887, 892, 14 Fed. R. Service 844 (6th Cir. 1989) (Court affirmed grant of only one rion-exclusive franchise. at the present, on the grounds that having two cable companies operating in the same market would be detrimental to both companies, and thus to the availability of cable in the city). But see, 'international Broadcasting Corporation v. City of Bismark, 697 F. Supp. 1094 (N.D. North Dakota 1987) (City of Bismark could grant three franchises simultaneously and. exclusive grant would have violated first amendment), and Warner Cable ComUanV v. City of Niceville, 911 F.2d 634 (11th Cir. 1989) (Company has no first amendment right to exclusive franchise). 5 In doing so, these courts followed the Ninth Circuit Court of Appeals reasoning stated in Preferred Communications v. City of Los Angeles, 754 F.2d 1396, 1405 (9th Cir. 1986), where the Court 8 r 1 reasoning and statement of the law set out in those Ninth Circuit cases, 2 which may be summarized as follows: 3 a. A cable television operator is a "speaker" entitled to 4 First Amendment protection. The operation of cable television is more 5 analogous to traditional media than to broadcast media, and is thereby 6 entitled to greater First Amendment protection than broadcast media. 7 A government entity seeking to impose restrictions has the burden of 8 demonstrating that the unique characteristics of cable television 9 justify an exception to the rule prohibiting government intrusion into 10 the functioning of the media. 11 b. Certain regulations and franchise requirements for cable 12 television are within the constitutional power of government. 13 Government regulations are judged by the Supreme Court standards in 14 United States v. O'Brien 391 U.S. 367, 88 S. Ct. 1673, 20 L. Ed. 2d 672, 15 and, in particular, must be in furtherance of an important or 16 substantial governmental interest. 17 c. The fact that cable television may be a "natural 18 monopoly," with the service area arguably .able to support only one cable 19 operator, is immaterial under the First Amendment and cannot justify 20 regulation. Government regulations may not impose public access 21 requirements, such as dedication of public channels, equipment, or 22 facilities. Nor may the regulations impose technical requirements, such, 23 as a minimum number of channels, specific basic service, or a certain 24 programming mix. 25 26 held allowing only single cable franchise to serve any given area 27 was an impermissible government response to the burden imposed by cable on the public resources. While the Supreme Court affirmed 28 Preferred on narrower grounds, the reasoning by the 9th Circuit in Preferred controls in this Circuit. 9 1 d. However, government may impose reasonably time, place, 2 and manner restrictions to protect the public safety and maintain public 3 thoroughfares, and to minimize physical disruption of the public domain. 4 Accordingly, government may require an applicant to submit relevant 5 evidence of financial responsibility and operational competence, post 6 a reasonable performance bond, and obtain adequate insurance. Also, 7 government may charge an appropriate franchise fee as compensation for 8 fair value of occupying public },roperty, and a nominal administrative 9 fee to cover the clerical costs of issuing the franchise. Finally, if 10 a genuine lack of physical capacity to accommodate additional cable 11 installations within the government entity's infrastructure is 12 adequately shown, it may be the basis for limitation of cable access. 13 4. Application of Ninth Circuit law to the Present case. 14 Based upon this current status of the law in the Ninth Circuit, this 15 Court reaches the following conclusions under tare facts of this case: 16 a. Plaintiff is a First Amendment "speaker," entitled to a 17 high degree of Constitutional protection. Plaintiff has complied with 18 all the City's franchise application procedures. 19 b. The factor of potential negative impact on, and protection 20 of, the existing cable franchise operator is constitutionally irrelevant 21 to plaintiff's application. The "natural monopoly" theory has been 22 rejected by other Ninth Circuit authorities, and this Court adopts the, 23 reasoning and conclusion of those authorities. 24 c. Plaintiff has agreed to abide by all reasonable conditions 25 and regulations normally set by the City. Therefore, no triable issue 26 presently exists as to public access requirements, technical 27 / / / / / / 28 / / / / / / to r 1 requirements, evidence of financial responsibility and operational 2 competence, performance bond, insurance, fees, or any other installation 3 or operation matter. 4 d. The City may impose such reasonable time, place and manner 5 restriction as is necessary to protect the public's safety, maintain 6 public thoroughfares, and minimize physical disruption of the public 7 domain. Although the City has suggested that there will be physical 8 disruption of the public domain, there is insufficient showing to 9 suggest that plaintiff's franchise should be L-otally denied for this 10 reason. Reasonable time, place, and manner restrictions, together with 11 appropriate bond and insurance requirements, can remedy this potential 12 harm. Plaintiff has stated its agreement to such regulations. 13 e. Although there is the suggestion in the City's pleadings 14 of lack of physical capacity to accommodate aT~ additional operator, no 15 significant evidence. of such a condition has been presented. 16 5. Effect of 1990 California Statute. 17 California Government Code § 53066.3 (See text at Footnote 1) took 18 effect in 1990. In summary, it provides that, if a government entity 19 elects to grant an additional cable television franchise where a 20 franchise has already .been granted to another operator, it shall do so 21 only after a public hearing where all of eight factors are considered: 22 (1) positive or negative community impacts, (2) adverse economic or, 23 aesthetic impact on public or private property, (3) disruption of users 24 of the public domain, (4) applicant's technical and financial ability, 25 (5) impact on universal cable service, (6) "other societal interests," 26 (7) economic feasibility of an additional system, and (II) "such other 27 additional matters" as the franchising authority deems relevant. The 28 City argues that it relied on a number of these factors in denying 11 r 1 Plaintiff's application, and that this Court would have to find the 2 state statute unconstitutional in order to overturn that denial. 3 On first reading of § 53066.3, it might appear to be 4 unconstitutional on its face. The mandate in item (7) of the statute 5 to consider the economic feasibility of a new competing system is the 6 same "natural monopoly" theory that was considered and rejected as 7 unconstitutional in Century Federal Inc. v. City of Palo Alto, 648 F. 8 Supp. 1465 (N.D. Cal. 1986), and Group W Cable Inc. v. City of Santa 9 Cruz, 669 F. Supp. 954 (N.D. Cal. 1987). Other of the criteria are 10 arguably unconstitutionally vaqu=~, or are only grounds for "time, place 11 and manner" regulation rather than outright rejection. 12 However, it is a cardinal principle that the Court will first 13 determine whether a construction of a statute is fairly possible by 14 which the constitutional question may be avoided. Lorillard v. Pons, 15 434 U.S. 575, 577, 78 S. Ct. 866, 55 L. Ed. 2d 40 (1978); Campbell v. 16 United States, 809 F.2d 563, 571 (9th Cir. 1987). 17 Such a construction of this statute is possible and appropriate. 18 In enacting § 53066.3, the California legislature noted that "federal 19 and state. courts are examining the permissible scope of regulation of 20 cable television under the First Amendment..." Section 1 of Stats. 21 1989, chapter 700. Thereby, the legislature acknowledged that its 22 enactment would be construed in light of the newly-emerging, 23 constitutional limits on cable regulation set by the courts. It is 24 appropriate for franchising agencies and courts to read § 53066.3 as 25 modified in light of current constitutional decisions declaring those 26 limits. Therefore, the Court need not reach the question of the 27 constitutionality of the section. 28 / / / / / / 17 t 1 6. Equal Protection issue. 2 Plaintiff argues its equal protection rights are violated because 3 the existing cable company, King Video, is allowed to provide cable 4 services while the plaintiff is not. Thus, plaintiff argues, two 5 similar companies are improperly treated differently. 6 Since this motion is resolved in Plaintiff's favor on the First 7 Amendment theory, the Court does not reach or decide the Equal 8 Protection issue. 9 III. DISPOSI'PION 10 Based on the determinations stated in this order, Plaintiff's 11 motion for partial summary judgment is granted. Accordingly, it is 12 hereby. ordered as follows: 13 1. Defendants and their officers, agents, representatives, 14 employees, and all persons acting in concert or participation with them, 15 are permanently enjoined and directed to issue to Plaintiff within 16 thirty (30) days from the date of this order a franchise license, to the 17 extent provided for in City of Lake Elsinore Ordinance 855, dated April 18 26, 1989 (regarding the granting of cable television franchises), 'for 19 the construction and operation by Plaintiff of a cable television system 20 or system::; within the Defendants' jurisdiction. 21 2. PJothing contained in this injunction shall prevent enforcement 22 against Plaintiff of any law, code, or ordinance not inconsistent with• 23 this Memorandum Order. 24 3. 'Che Court reserves jurisdiction to hear the application of any 25 party for review of the terms and conditions of this injunction, as may 26 be appropriate. 27 4. 'Che Court reserves jurisdiction over any claim for damages, 28 costs, and attorney fees related to this action. 13 r 5. Upon this permanent injunction taking effect, the preliminary injunction previously issued by this Court is dissolved and the-bond posted in support of such preliminary injunction is exonerated. DATED: ~ ~1 ~ I,l I~y~ r~ "( _I GARY L. OR UNITED STATES DISTRICT JUDGE 14 r 5.32,0(10 LAKF. ELSINORE CODE 5.:3'L.060. Permit--Revocation. The Shcr- il'I-s lk•partluent shall summarily revoke an}, pormil issued herrunder, and shall t'luse anv such < arrival, circus, tent shrew, or cxhibi- tiun authorized by such permit fur the breach of and nl the cuntlitions sel Rath in this chapter, ur fur the viulalion of any Taws ~!ul'thc State. (Amender) lAFi7; lh'fl. 344 4 (i, 1 A:r3 ) Chapter 5.40 COMMUNITY ANTENNA TELEVISION SYSTEMS* Sections: 5.40.010 6.40.020 5.40.030 5.40.040 5.40.050 5.40.060 5.40.070 5.40.080 5.40.090 5.40.100 5.40.110 5.40.120 5.40.130 5.40.140 5.40.150 riA0.1 fi0 5.40.170 5.40.180 5.40.790 5.40.200 5.40.210 Detnitions. Franchise to operate. Uses permitted by grantee. Duration of franchise. Franchise paytnents. Limitation of franchise. Rights reserved to the City. Permits, installation end service. Location of property of grantee. Removal and abandonment by grantee. Changes required by public improve- ments. Failure to perform street work. Faithful pcrCvrmance bond. Indemnification of City. inspection of property and records. Miscellaneous provisions. Use oC utility poles and facilities; Agree menu. Adoption of rules and regulations by the City Council. Application for a franchise. Application fee. Acceptance and effective date oCfran- chise. 'F'ur nr armory provisions on rummuniq• an U•nna teleeision ssn'm franchises and license, see Gov. Cnde § 53066. 5.40.010 5.40.010 Definitions. For the purpose of this chapter the following word or words shall have the meaning given herein: A. "City" shall mean the City oC Lake Elsinore, California, a municipal corpo- ration of the State of California, in its present incorporated form or in any later reorganized or enlarged form. B. "Council" shall mean the present governing body of the City or any future board constituting the legislative body of the City. C. "Franchise" shall mean and include any authorization granted hereunder in terms of a franchise, permit, license or other- wise to construct, operate and maintain a CATV system in the City. Any such authori- zation shall not mean and include any li- cense or permit required for the privilege or transacting or carrying on a business within the City relating to the business license tax of the City. D. "Grantee" shall mean the person, firm or corporation to whom a franchise is granted by the Council under this chapter, and the lawful successor, transferee or as- signee of said person; firm or corporation. E. "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, alley, sidewalk, parkway, driveway, public utility easement, dedicated utility strip or right-of-way dedi- cated Cor compatible uses now or hereafter' existing as such within the City. F. "Property of grantee" shall mean all property owned, installed or used by grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter. G. "CATV" shall mean a community an- tenna television system as hereinafter de- fined. 536 $ev. Ord. Supp. 4/89 ~,., r _..,,, E 5.40.0'?0 E3L'SINESS TAXES, LICENSES AND REGULATION H. "Community Antenna Television Sys- tem" shall mean a system of antenna, coaxial cable, wires, wire guides, microwave lengths, signal repeaters or other con- ductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities. CATV shall not mean or include the transmission of any special or event for which a separate and distinct charge is made to the subscriber and which is commonly known as "pay tele- visiai." I. `:Subscriber" shall mean any person or entity receiving the CATV service of a grantee lawfully and with grantee's express permission. J. "Gross annual receipts" shall mean any and all compensation and other con- sideration in any form whatever and any contributing grant or subsidy received direct- ly or indirectly by grantee from subscribers in payment for CATV service received within the City, and that percentage of all fees or income received by Grantee for advertising or commercial messages carried over the CATV System equal to the percentage of the CATV System's subscribers who live within the City of Lake Elsinore. Included in gross annual receipts shall be installation and line extension charges levied by the grantee to subscribers. K. "Franchise area" shall mean the entire territory within the City and shall include any enlargements thereof and additions thereto. (Ord. 498 ~ 1, 1971; Ord. 855 ~ 1, 1989). 5.40.020 Franchise to operate. A non- exclusive franchise to construct, operate and maintain a CATV system within the entire territorial ]imit.s of the City may be granted by the Council t:o any person, firm or corporation, whether operating under an 5.40.040 existing franchise or not, who offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter. No provision of this chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is not in the public interest to do so. No franchise shall be granted pursuant to this chapter on terms and con- ditions of any other franchise currently in force and held by another grantee. (Ord. 498 ~ 2, 1971; Ord. 855 ~ 2, 1989). 5.40.030 Uses permitted by grantee. Any franchise granted pursuant to the pro- vision of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to install, construct, repair, replace, reconstruct, and maintain in, on, over, under, upon, across and along any public street, such wires, cables, conductors, conduit, vaults, ampli- fiers, appliances, and other property as may be installed except where unusual circum- stances exist and where express written permission is provided by the City Council. (Ord. 498 ~ 3, 1971; Ord. 855 ~ 2, 1989). 5.40.040 Duration of franchise. No fran- chise granted by the Council under this chapter shall be for a term longer than twenty-five years following the date of accep- tance of such franchise. Any such franchise granted maybe termi- nated prior to its date of expiration by the Council in the event that said Council shall have found, at a public hearing, after thirty days' notice of any proposed termination that: 537 Rec. Ord. Supp.4'RA 5.40.050 LAKE ELSINORE CODE 6.40.050 Franchise payments. A. Acceptance fee. The grantee of any franchise granted pursuant to this chapter shall pay to the City upon acceptance of such franchise a fee of two hundred fifty dollars. B. Annual franchise fee. The grantee of any franchise shall pay annually to the City luring the life of such franchise no more han five percent of the gross receipts of the grantee derived from subscribers within the City. The City Council shall have the power of seeing the amowrt of the annual fran- chise fee at the time of the granting of any such franchise. All annual franchise fees shall be paid to the City Clerk of the City. The grantee shall file with the City within thirty days after the expiration of any calendar year or 5scal year designated in such franchise a statement prepared by a certified public accountant, showing in detail the gross annual receipts during the preceding year. ft shall be the duty of the grantee to pay to the City within ten days after the time for filing of such statements the sum hereinabove prescribed for the year covered by such statements. In the event the above payment is not received by the City within the specified -time, grantee shall pay to the City liquidated lamages of two percent per month of the inpaid balance in addition thereto. In any year during which payments under this sec- tion amount to less than three hundred sixty dollars per year, grantee shall pay the City as a minimum an amount equal to three hundred sixty dollars per year. For any portion of a year such minimum shall be prorated at [he rate of thirty dollars monthly. The City shall have the right to inspect the grantee's records showing the gross re- ceipts from which its franchise payments are computed. No acceptance of any fran- chise tee payments shall be construed as a 5.40.060 release or as an accord and satisfaction of any claim the City may have Cor further or additional sums payable under this chapter or for the performance of any other obliga- tion hereunder. In the event of any holding over after expiration of any franchise granted here- under, without the consent of the City, the grantee shall pay to the City a reasonable compensation and damages. (Ord. 498 §~ 5A, 5B, 1971; Ord. 855 ~ 6, 1989). 5.40.060 Limitation of franchise. A. Any franchise granted under this chap- ter shall be nonexclusive. B. No privilege shall be granted or con- ferred by any franchise granted under this chapter except those specifically prescribed herein. C. Any privilege claimed by the grantee under a franchise in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property. D. All transmission and distribution struc- ture shall be located so as to cause no interference with the proper use of street, alleys and other public places and to cause no interference with the rights of reasonable convenience oC property owners who adjoin any of said streets, alleys or other public places. E. In case of any disturbances of pave- ment or other surfacing by grantee, the grantee shall at its own cost and in a manner approved by the Director of Public Works replace and restore all pavement and surfacing in as good condition as before said work was commenced and shall main- tain the restoration. in an approved con- dition for the duration of the franchise. F. Whenever it is necessary to interrupt service for making repairs or alterations, grantee shall do so at such time as will 538 Rev. Ord. Supp. 4/89 .~ 5.40.060 BUSINESS TAXES, LICENSES AND REGULATION 5.40.060 cause the least amount of inconvenience to its customers. G. Any such franchise shall be a privilege to be held in personal trust by the grantee. The franchise cannot be sold, transferred, leased, assigned or disposed of in whole or in part by forced or involuntary sale, merger, consolidation, operation of law or otherwise without the prior consent of the Council, after public hearing, expressed by reso- lution and then under such conditions as may thereirrbe prescribed. H. Time shall be of the essence of any such franchise granted hereunder. Grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter by any failure of the City to enforce prompt compliance. I. Any rights or power of the City shall be subject to lawful delegation to any officer or employee of the City. J. Grantee shall have no recourse against the City for any loss, cost, expense or damage arising out of any provision of this ordinance or any franchise issued in ac- cordancewith this chapter or because of its enforcement. ?{. Grantee shall be subject to all require- ments of City ordinances, rules, regulations and specifications heretofore or hereafter enacted including but not limited to those concerning the undergrounding of utilities, street work, and relocation of property within a street or public way. L. Any franchise granted shall not re- lieve the grantee of any obligation involved in obtaining pole space for any utility compa- ny, or from others maintaining poles in streets. M. Grantee shall at all times during the life of this franchise comply with all pro- visions of existing and future ordinances, rules and regulations of the City, the State of California and the United States of America. \. If at any time during the period of the franchise the City shall elect to alter or change width or grade of any street, alley, or other public way, then upon the first such alteration of any street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at its own expense. Upon any subsequent alter- ation of the same street, the grantee upon reasonable notice by the City shall remove, relay and relocate its facilities at the City's expense. O. Any fixtures placed in any public way by grantee shall be placed in a manner as not. to interfere w~ittr the travel on said public way or other use of said public way. P. Grantee shall on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the buildings. Said expense shall be borne by the person making the request. Q. Grantee shall have the authority to trim trees along the streets, alleys, or other public ways so as to prevent the branches of the trees from coming in contact, with the wires and cables of the grantee, except at the option of the City such trimming maybe done by it at the expense of the grantee. R. In all sections of the City where the cables, wires and other facilities of one or more public utilities are placed under- ground, the grantee shall place its cables, wires or other like facilities underground. S. It shall be unlawful for the owner of any privately-owned area which includes a proposed public street on any tentative sub- division map approved by the City to fail to grant access to streets to individual homes or home sites, in such aprivately-owned area to each franchisee under this chapter on terms no less favorable than the terms offered to any other utility or franchisee. T. Grantee shall at all times during the life of any franchise provide broadcast quality equipment and necessary personnel to maintain and operate live color coverage of each meeting of the City of Lake Elsinore 539 Rec. ord. Supp. 4'R9 r 5.40.070 LAKE ELSINORE CODE City Council from the City of Lake Elsinore Council Chambers, and such other down- to~vn location as may be requested by the City of Lake Elsinore. This programming will be made available to all residents served by grantee. U. Grantee's CATV System shall have a band width of 50 mHz to no less than 450 mHz by December 31; 1993. V. Grantee shall provide cable service to 'all public schools within the City of Lake Elsinore by December 31, 1989. (Ord. 498 § G, 1971; Ord. 855 ~ G, I989). 5.40.070 Rights reserved to the City. A. Nothing herein shall be deemed or construed to affect in any way the right of the City to acquire the property of the grantee either by purchase or through. the. exercise of the right to eminent domain, at a fair and just value, which shall not include any arnount for the franchise itself. B. There is reserved to the City every right and power which is required to be herein reserved or provided by any ordi- nance of the City, and the grantee by its acceptance of any franchise agrees to be bound thereby and to comply with any ...action or requirements of the City in its exercise of such rights and powers, hereto- fore or hereafter enacted or established. C. 'the granting of any franchise shall not he construed as to prevent the City from granting any similar franchise to any other pet'son, firm or corporation within said City. D. The City reserves the right to enter into discussions and negotiate amendments to c~rnst.ruction, operation or maintenance standards. Before such modifications shall become effective, all grantees hereunder shall agree to any amendments that modify a franchise prior to the expiration of the franchise term. E. The granting of any franchise shall not constitute a waiver to the exercise of r 5.50.080 any governmental right or power of the City. The City Council is hereby authorized and empowered to adjust, settle or compro- mise any controversy between the grantee and the City arising from the operations of the grantee. (Ord. 498 g 7, 1971; Ord. 855 >3 7, 1989). 5.40.080 Permits, installation and ser- vice. A. Within ninety days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits which are required, including, but not limited to, any utility joint use agree- ments, microwave carrier licenses. and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the oper- ation of CATV systems. B. Within ninety days after obtaining al] necessary permits and licenses as herein- above provided, grantee shall commence construction and .installation of the CATV system. C. Within a reasonable time but not ex- ceeding one year after the commencement of the construction and installation of the system, grantee shall make service available to subscribers in all areas designated on the map accompanying the application for fran- chise and to all public schools within the City. D. Failure to do any of the foregoing shall be grounds for a termination of the franchise. E. The City Council may extend the time for obtaining the necessary permits and authorizations and for the beginning of con- struction and installation in the event the grantee acting in good faith experiences delays by reason of circumstances beyond its control. (Ord. 498 ~ 8, 1971; Ord. 855 ~ 8, 1989). 540 Rev. Ord. Supp. 4/89 ~~ 5.40.090 BUSINESS TAXES, LICENSES AND REGULATION 5.40.130 .~ 5.40.090 Location of property of grantee. Any wires, cables, or other properties of the grantee shall be so constructed or installed at such locations and in such a manner as shall be approved by the Director of Public Works. (Ord. 498 § 9, 1971; Ord. 855 ~ 9, 1989.) 5.40.100 Removal and abandonment by grantee. A. In the event that the use of a sub- stantial part of the CATV system is dis- continued forany reasonable cause for con- tinuous period of three months or the fran- chise has been terminated, canceled or expired, the grantee shall promptly, upon being given sixty days notice, remove from the streets or public places all such property of such system. In the evept of such removal, grantee shall promptly restore the streets and other areas from which such property has been removed to a condition satis- factory to the Director of Public Works. B. Any property of the grantee remain- ing in place sixty days after the notice of termination or expiration of the franchise shall be considered permanently aban- doned. C. Upon permanent abandonment of the property of the grantee, the property shall become that of the City at its sole option with or without an instrument in writing transferring said property t.o the Cit}~. (Ord. 498 ~ 10, 1971; Ord. 855 ~ 10, 1989). 5.40.110 Changes required by public im- provements. The grantee shall, one time during the term of its franchise, at its own expense, protect, support, or relocate in the same street or other public place any proper- ty of the grantee when required by the Director of Public Works by reason of traffic .conditions, public safety, street vacation, street construction, change or establish- ment of grade, installation of sewers, drains, water or sewer pipes or other type of struc- tures or improvements by public agencies. The costs of any subsequent actions re- quired by the Director of Public Works to protect, support or relocate the same proper- ty of the grantee shall be borne by the City. (Ord. 498 ~ 11, 1971; Ord. 855, >3 11, 1989). 5.40.120 Failure to perform street work. Upon the failure of the grantee to com- mence, pursue or complete any work re- quired by law or by the provisions of this chapter or by its franchise to be done in any street, alley or other public place, within the time prescribed and to the satisfaction of the Director of Public Works, the Director of Public Works, at its option, may cause such work to be done and the grantee shall pay to the City the cost thereof within ten days after receipt of such itemized report. (Ord. 498 ~ 12, 1971; Ord. 855 ~ 12, 1989). 5.40.130 Faithful performance bond. A. The grantee shall, with the filing of an acceptance of award of any franchise cre- ated under this chapter, file with the City Clerk, and at all times hereafter maintain in force and effect, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the City Attorney, in the amount fixed by the City Manager but not to exceed five thousand dollars for the faithful performance of grantee and upon the further condition that in the event grantee shall fail to comply with any of the provisions of this chapter or any franchise issued to grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City, plus a reasonable allowance for the attorneys' fees and costs up to the full amount of the bond; said condition to be a continuing obligation 541 Rev. Ord. Su pp. 4:'R9 5.40.140 LAKE ELSINORE CODE - 5.40.150 for the duration of the franchise. The bond shall provide that thirty days prior written notice of intention not to renew, cancel- lation or material change, be given to the City. B. Neither provisions of this section nor any bond accepted by the City, nor any lamages recovered by the City hereunder hall be construed to excuse faithful per- .ormance by the grantee or limit the liability of the grantee under any franchise issued hereunder, or for damages, either to the full amount of the bond or otherwise. (Ord. 498 § 13, 1971; Ord. 855 ~ 13, 1989.) 5.40.140 Indemnification of City. A. The grantee shall indemnify and hold harmless the City, its officers, boards, com- missions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of any kind and nature arising out of or relating to the exercise or enjoyment. of the grantee's CATV franchise, including claims, demands, ac- bons, s{{its, liabilities and judgments based upon any infringement or violation of any copyright; and grantee shall reimburse the City for any costs and expenses incurred by '-City in defending against any such claim or demand or action, including any attorneys' fees, expert witness fees, court costs or other expenses in connection therewith; provided that City shall have first promptly notified grantee of any such claim and offered the grantee the opportunity to appear in and defend the City. Nothing in this provision shall be construed to impose on the grantee a duty t.o indemnify or defend the City against a claim that any exercise of the City's police powers or governmental authority is invalid for any reason. The foregoing obligations shall exist and continue without reference to or limitation by the amount of any bond or policy of insurance. B. Grantee shall, concurrently with the filing of the acceptance of award of any franchise. granted under this chapter, file with the City Clerk, and at all tines during the existence of any franchise granted here- under,maintain in full force and effect at its own cost and expense, a general compre- hensive liability insurance policy, protecting the City, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise. Said policy shall have minimum liability limits of one hundred thousand dollars for personal injuries or death of any one person and three hundred thousand. dollars for personal injuries or death to two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence, and shall be in a company approved by and in a form acceptable to the City Attorney. C. The policy mentioned in the foregoing paragraph shall be primary insurance, shall name the City, its officers, boards, com- missions, agents and employees, as ad- ditional insured and shall contain a pro- vision that a written notice of cancellation, reduction, or other material change in coverage of said policy shall be delivered to the City Clerk thirty days in advance of the effective date thereof. (Ord. 498 ~ 14, 1971; Ord. 855 g 14, 1989). 5.40.150 Inspection of property and records. A. The grantee agrees that the City may review such of its books and records, during normal business hours and on a nondis- ruptive basis, as is reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be 542 Rev. Ord.Supp.4/89 r ~, 5.40.160 BUSINESS TAXES, LICENSES AND REGULATION 5.40.160 kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstand- ing anything to the contrary set forth herein, grantee shall not be required to disclose in Cormativn which it reasonably deems to be proprietary or confidential in nature. The City agrees to treat any information disclosed by the grantee to it on a con- fidential basis, and only to disclose it to employees, representatives, and agents there- of that have a need to know, or in order to enforce the provisions hereof. B. Grantee shall prepare and furnish to the City at all times and in the. manner prescribed by the City such reports with respect to its operations affairs, trans- actions orproperty inconnection wriththefranchise as required by this ordinance or the fran- chise. C. Grantee shall file with the Depart- ment of Public Works on the first day of March of each year two copies of current maps, drawn to scale, showing all CATV system equipment installed and in place in streets or other public places of the City. (Ord. 498 ~ I5, 1971; Ord. 855 >3 15, 1989). 5.40.160 Miscellaneous provisions. A. When not otherwise prescribed here- in, all matters herein required to be filed with the City shall be filed with the City Clerk. B. 7'he grantee must pay to the City a sum of money sufficient to reimburse it for expenses incurred by it, in publishing legal notice and ordinances in connection with the grantee with written statement of such expense. C. The grantee shall maintain atoll-free telephone number, with twenty-four hour- per-day answering or referral service, so that CATV maintenance service shall be promptly available to subscribers. D. The grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said com- plaint and the time and date cleared. This log shall be made available-for the periodic inspection by the City. E. Grantee shall bear the prime responsi- bility for appropriate corrective action when- ever improper performance is detected in any part of the system, regardless of whether public utility distribution facilities are utilized. F. No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, how- ever, that grantee shall not be required to provide service to any subscriber who has not paid the applicable connection fee or the applicable mont}rly service charge, or has been involved in theft of or un- authorized access to cable services. G. In the case of any emergency or dis- aster, the grantee shall upon request of the Director of Public Works make available his facilities to the City for emergency use during the emergency a' disaster. H. Any franchise granted pursuant to the provisions of this chapter authorizes only the operation of t:he CATV system as provided herein and does not take the place of any other franchise, license or permit which might be required by law of the grantee. I. The grantee shall at all times employ ordinary care and shall instal] and maintain in use commonly accepted methods and devices for preventing failures and acci- dents which are likely to cause damage, injuries or nuisances to the public. J. The grantee shall install and maintain its wires, cables, fixtures and other equip- ment in accordance with the requirements of the Public Utilities Commission of the State of California and in such manner that they will not interfere with any installation of the City or of a public utilities serving the city. 543 Hec. Ord. Supp. 4 '89 f 5.40.170 LAKE ELSINORE CODE 5.40.180 K. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys and public ways or places of the City wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. L.. The grantee shall maintain a force of one or more area resident agents or em- ployees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities, and shall maintain a technical staff that is capable of responding on a twenty-four hour, on-call basis. M. Grantee shall at all times during the life of any franchise maintain studio facili- ties and a bu.,iness office within the City. The business office shall be open during all normal business hours and shall be equipped and staffed to allow customers to make bill- ing inquiries, pay bills, order or cancel ser- vices, receive or return converter devices, and to dispatch service personnel and equip- ment. N. The grantee shall limit failures to mini- mum by locating and correcting mal- functions promptly. O. Copies of all petitions, applicatimis and communications submitted by the grantee to the Federal Communications Com- mission,. Security and Exchange Commis- sion, or any other Federal, State or local regulatory commission or agency having jurisdiction in respect to any matters affect- ing CATV operations authorized pursuant to the ordinance, shall also be submitted simultaneously to the Director of Public Works. (Ord. 998 § 16, 1971; Ord. 855 § 16, 1989). 5.40.170 Use of utility poles and facili- ties: Agreements. When any portion of the CAT~'system is to be installed on public utilities poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk. (Ord. 498 § 17, 1971; Ord. 855 § 17, 1989). 6.40.180 Adoption of rules and regu• lations lations by the City Council. A. The City Council is authorized to adopt rules and regulations consistent with the provisions of this chapter governing the operation of CATV systems in the City and such rules and regulations shall apply to and shall govern the operations of this chapter. B. The City Council may adopt rules or regulations or amend, modify, delete, or otherwise change such rules and regulations previously adopted in the following manner: 1. The City Council shall pass a reso- lution of .intention describing the rules or regulations to be adopted, amended, modi- fied, deleted, or otherwise changed and set a day, hour and place for public hearing. Such resolution shall direct the City Clerk to publish the same at least once within fifteen days of passage thereof. 2. The City Clerk shall cause such reso- lution to be published at least once in one newspaper ofgeneral circulation in the City and shall cause a copy of same t.o be mailed or delivered to any grantee not less than ten days prior to the time fixed for hearing thereon. 3. At the time for public hearing, or at any adjournment thereof, the City Council shall proceed to hear and pass upon such evidence, comments and objections as may be presented. Thereafter, the City Council by its resolution mayadopt, amend, modify, delete, or otherwise change said rules and regulations. (Ord. 498 § 18, 1971; Ord. 855 § 18, 1989.) 544 Rec. Ord. Supp. 4!8A 5.40.190 BUSINESS TAXES, LICENSES AND REGULATION 5.40.190 _~ 5.40.190 Application for a franchise. A. Application for a franchise here- under shall be in writing, shall be filed with the City Clerk, in a form approved by the Director oC Public Works, and shall contain but not be limited to the following infor- mation: 1. Name and address of the applicant. Tf the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major. stockholders and. associates, the names and addresses of parent and sub- sidiary companies and the state of incorpo- ration. 2. A statement or schedule in a form approved by the Director of Public Works of proposed rates and charges to subscribers for installation and services, and a copy of any proposed service agreement between the grantee and its subscribers shall ac- company the application. Where under- ground cable is required, or where more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as speci- fied in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inac- cessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if re- quired by the grantee. 3. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or con- duits. 9. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever. 5. A financial statement prepared by a certified public accountant showing appli- cant's financial status. 6. The Council may, at any time, de- mand, and applicant shall provide such supplementary, additional or other infor- mation as the Council may deem reasonably necessary. to determine whether the re- quested franchise should be granted. 7. A statement of intent with regard to program origination and acceptance of local advertising shall be included. 8. The number and identification of channels proposed to be carried on the CATV system. B. Upon consideration of any such appli- cation, the City Council may grant a fran- chise for CATV to such applicant as may ap- pear from said application to be in its opinion qualified to render proper and efficient CA'I'V service to television viewers and subscribers in the City. If favorably considered, the application submitted shall constitute and form a part of the franchise and granted. C. Prior to the granting of the franchise pursuant to this chapter, the Counc-il shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the fran- chise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any per- sons having any interest therein or any objection to the granting thereof may ap- pear before the Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen days of the passage thereof in one newspaper of general circulation in the City. Said notice shall be published at least ten 545 Rcr. Ord. Sapp. 4.'R9 r 5.40.200 LAKE ELSINORE CODE days prior to the date of hearing. At the time set for hearing, the Council shat] pro- ceed to hear and pass upon all protests and its decision thereon shall be bnar soldut on, elusive. Thereafter it may, y grant the franchise on the terms and con- ditions specified in this chapter.. (Ord.498 ~ L9A, 1971; Ord. 855 g 19, 1989). 5.40.200 Application fee. Each app;i_ cation shall he accompanied by an app cation fee in the sum of one hundred dollars which shall be used by the City to cover the costs of revie~~~ing, investigating and process- ing such an application. This fee is not refundable. (Ord. 498 § 20, 1971; Ord. 855 ~ 20, 1989). 5.40.210 Acceptance and effective date of franchise. A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and. until the ordinance granting same has become effective and, in addition, wiless and until all things required in this section and Sections 5.40.130 and 5.40.190 hereof are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the fran- chise null and void. B. Frorn and after the effective date of this chapter, it shall be unlawful for anY person to construct, install or maintain within any public street ierthof th'e City, within any other public prop y or within any privately-owned area within the City which has not yet become a public street but is designated or delineated as proposed public street on any tentative sub- division map approved by the City, any 5.40.210 equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to this provision of this chapter, and unless such franchise is in full force and effect. C. It shall be unlawful for any person, firm or corporation to make any un- authorized connection whether physically, electronically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this City for the pur- pose of taking or receiving television signals, radio signals, pictures, programs, or sound, or for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system. D. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (Ord. 498 ~ 21, 1971; Ord. 855 g 21, 1989). 546 try.. ord. s~Pa. a. af~ r' NO. 917 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15 ACRES LOCATED APPRO%IMATELY 50 FEET SOUTH OF EISENHOWER ON THE WEST SIDE OF RIVERSIDE DRIVE FROM COMMERCIAL PARK (C-P) TO GENERAL COMMERCIAL (C-2) ZONE CHANGE 91-1: WILLIAM SEERS/SEERS HOME CENTER THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Southeast 15 acres of the southwest half of Lot 29 in Block "B" of Rancho La Laguna (Except the northwest 5 acres). Assessor's Parcel Numbers 374-182-005 and 006 from Commercial Park (C-P) to General Commercial (C-2) on 15 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property locatedwithin such C-2 Zoning District. Approval is based on the following: 1. The proposed Zone Change is consistent with the Goals, Policies and Objectives of the General Plan. 2. No environmental impacts are anticipated as a result of this Zone Change. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 25th day of June, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page 2 Ordinance No. 917 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of July, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINCUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE /' / iG~N ~ M. Washburn, Mayor y of Lake Elsinore AR~TEST: 1 Vicki .L•yme , asad, City Clerk City of Lake~Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, City of Lake STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 25, 1991, and had its second reading on July 9, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE~KASAD, CITY CL RK CITY OF LAK' ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ordinance No. 917 of said Council, and that the same has not been amended or repealed. July 10, 1991 VICKI LYNNE SAD, CI CITY OF LAK ELSINORE (SEAL) NO. 918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE TO REGULATE MOBILE SOURCE AIR POLLUTION REDUCTION The City Council of the City of Lake Elsinore, does hereby ordain as follows: Section 1: Chapter 10 of the City Code is hereby amended by adding thereto a new section 10.64 to read as follows: Section 10.64: Mobile Source Air Pollution Reduction A: Findings The City of Lake Elsinore hereby finds and declares that: (1) Whereas, the City is committed to improving the public health, safety and welfare, including air quality; (2) Whereas, mobile sources are a major contributor to air pollution in the South Coast Air Basin; (3) Whereas, air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; (4) Whereas, the South Coast Air Quality Management Plan (AQMP) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act 1988 by developing and implementing mobile source air pollution reduction programs; (5) Whereas, such programs place demands upon the City's funds, those programs should be financed by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand, to the greatest extent possible; (6) Whereas, Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990 (Chapter 90-1705), authorizes the South Coast Air Quality Management District (SCAQMD) to impose additional motor vehicle registration fee of two dollars ($2), commencing on April 1, 1991, increasing to four dollars ($4), commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act; (7) whereas, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air quality Management District that comply with Section 44243 of the code, based on the jurisdictions' pro-rated share of population as defined by the State Department of Finance. (8) Whereas, the City is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance; (9) Whereas, the pro-rated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Section 44243 (B) (3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted an ordinance; ORDINANCE NO. 918 PAGE TWO (10) Now, therefore be it resolved that, the City, after careful consideration, hereby finds and declares that the imposition of the additional motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs is in the best interest of the city and promotes the general welfare of its residents; B. Intent. This ordinance is intended to support the SCAQMD's imposition of the vehicle registration fee and. to bring the City into compliance with the requirements set forth in Section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. C. Definitions As applied in this Ordinance, the following words and terms shall be defined as follows: (1) "City"shall mean the City of Lake Elsinore. (2) "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code. (3) "Fee Administrator" shall mean the Finance Director of the City or his designee. D. Administration of Vehicle Registration Fee (1) Receipt of Fee: The additional vehicle registration fees disbursed by SCAQMD and remitted to the City, pursuant to this ordinance, shall be accepted by the Fee Administrator. (2) Establishment of Air Oualitv Improvement Trust Fund The Fee Administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of City funds. (3) Transfer of Funds: Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account established pursuant to Subsection (2) above. All interest earned by the Trust Fund Account shall be credited only to that account. (4) Expenditure of Air uality Trust Fund Revenues: All revenues received from the SCAQMD and deposited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Subsection C (2) above. Such revenues and any interest earned on the revenues shall be expended within one (1) year of the completion of the programs. (5) Audits: The City consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Sections 44244 and 44244.1 (a) of the Health and Safety Code. Section 2. Legal Construction. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. ORDINANCE NO. 918 PAGE THREE Section 3. Severability. Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 4. Effective Date. This ordinance shall take effect thirty (30) days after adoption. INTRODUCED AND APPROVED l1PON FIRST READING this 25th day of June, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, fn~ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NOPJE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of July 1991 upon the followinn roll call vote: ' AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILP1EMBEP,S: NONE ABSTAIN: COUNCILPIEMBERS: NONE ~~ ~ GARY M. ASHBURN~ MAY CITY O LAKE ELSINORE Vicki L ~n Kasad, Ci City of Lake Elsinore APPROVED AS TO FORM & LEC,ALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 25, 1991, and had its second reading on July 9, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~. VICKI LY.PIN~KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 918 of said Council, and that the same has not been. amended or repealed. DATED: July 10, 1991 ~~:~~ , ~~ VICKI LYNIv~KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) ORDINANCE NO. g7g AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING ESTABLISHMENT OF DRAINAGE FEES FOR IMPLEMENTATION OF THE "MASTER PLAN OF DRAINAGE" FOR THE CITY OF LAKE ELSINORE WHEREAS, The City Council of the City of Lake Elsinore approved and adopted the "Master Plan of Drainage" for the City of Lake Elsinore and WHEREAS, Master Plan designates fifty-one (51) drainage districts and the proposed drainage facilities to be constructed within each district and the estimated cost of said facilities; and WHEREAS, the drainage facilities designated in said Master Plan are in addition to existing facilities serving each drainage area at the time of the adoption of said Master Plan; and WHEREAS, the City Council finds that subdivision and development of property within the drainage districts designed in said Master Plan will require the construction of the drainage facilities described in said Master Plan; and WHEREAS, the City Council desires to establish drainage fees to fund the costs of providing such drainage facilities. NOW, THEREFORE, BE IT ORDAINED by the City Couneil of the City of Lake Elsinore as follows: SECTION 1. Prior to the approval of any final subdivision map or parcel map subdividing property within any drainage district designated in the Master Plan of Drainage, the subdivider shall pay _' or cause to be paid the drainage fee established hereby. SECTION 2. Prior to the issuance of a building permit for the development of property within any drainage district designated in the Master Plan of Drainage for which the drainage fee required hereunder has not previously been paid, the developer shall pay or cause to be paid the drainage fee established hereby. i Development shall not include construction of accessory buildings and structures such as residential garages, antennas, sheds, etc. or the alternation or enlargement of existing buildings or structures, so long as such alteration or enlargement does not result in a change in the classification of occupancy of said building or structure as defined by the Uniform Building Code. SECTION 3. The City Council may, at its discretion, accept other considerations in lieu of the payment of the drainage fees required hereunder. SECTION 4. Drainage fees shall be established by resolution of the City Council for each drainage district identified in the master Plan of Drainage for the City of Lake elsinore and delineated on the plate therein. SECTION 5. The amount of any such fee established hereby shall be based upon the following findings by the City council: a. That the fees proposed herein below are fairly apportioned within each drainage district on the basis of benefits conferred on property within the drainage district potentially subject to subdivision and/or development and on the basis of need for such drainage facilities within each drainage area which would be created by the subdivision and/or development of property within each drainage district; and b. That the fees proposed hereinbelow do not exceed the pro- rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such costs were apportioned uniformly on a per acre basis. SECTION 6. In June of each year, the City Engineer shall make recommendations to the City Council for the adjustment of the drainage fees established hereby to account for inflationary increase, if any, in the estimated costs of constructing the drainage facilities set forth in the Master Plan for Drainage. SECTION 7. Any fees collected hereunder shall be deposited into a separate "planned drainage facilities' fund" to be established for each drainage district set for in the Master Plan for .Drainage. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of drainage facilities called for in the master Plan within the drainage district form which the fees comprising the fund were collected, to reimburse the City for the cost of constructing such drainage facilities if the funds therefore were advanced from the general fund, or to repay an indebtedness incurred by the City for the construction of such drainage facilities. SECTION 8. The City may, upon approval of the City Council and in compliance with all other existing laws advance money from the general fund or another drainage district fund to pay the costs of constructing drainage facilities called for in the Master Plan within a drainage area and reimburse the general fund or other drainage district fund for such advances from the fund for the drainage district in which such drainage facilities were constructed. SECTION 9. The City. may, upon approval of the City Council and in compliance with all other existing law, incur an indebtedness for the construction of drainage facilities called for ih the Master Plan within a drainage district; provided that the sole security for repayment of such indebtedness shall be moneys in the fund for the drainage district in which such drainage facilities were constructed. SECTION 10. If a developer constructs a facility or a portion of a facility indicated on the Master Plan of Drainage, the developer shall be eligible for credit from the Drainage District Fund. For the purpose of establishing credit, the cost of construction for Master Plan of Drainage or any portion of these facilities shall be the actual cost as certified by the developer and verified by the City. If the credit exceeds the assessed drainage fee, than the developer will be entitled to a reimbursement. If the amount in the Drainage District Fund is insufficient to fully reimburse eligible developers, the District shall enter into a reimbursable agreement with the developer. Reimbursement shall be made only as fees are collected in connection with the development of property within that Drainage District. The period for reimbursement shall be limited to ten (10) years. No developer shall receive reimbursement until all developers who have previously executed reimbursement agreements for the Drainage District are fully reimbursed or until such agreements have expired. SECTION ii. After completion of all drainage facl~.tes and the payment of all claims from any drainage area fund, the City Council shall determine by resolution the amount of the surplus, if any, remaining such fund. Any such surplus shall be used, in such amounts as the City Council may determine, for one or more of the following purposes: a. For transfer to the general fund, provided that the amount of such transfer shall not exceed five (5%) percent of the total amount expended from such fund; b. For the construction of additional or modified drainage facilities within the particular drainage area; or c. As a refund in the manner provided in Government Code Section 66483.2. SECTION 12. This ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. INTRODUCED AND PASSED UPON FIRST READING this 13th day of August, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, NIINKLER, WASHBURN PJOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEf16ERS: PJONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of August, 1991, upon the following roll call vote: AYES: COUNCILMEMBEP.S: BUCK, DOMINGUEZ, STARKEY, WINKLER, l~!ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPROVED AS TO FORM: JOHN R. HAR ER, CI Y ORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 13, 1991, and had its second reading on August 27, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUE2, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI L CITY OF (SEAL) 1"~UA'J, lrl ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 919 of said Council, and that the same has not been amended or repealed. August 28, 1991 VICKI LYNN~~KASAD, CITY CLERK CITY OF LA. ELSINORE (SEAL) ORDINANCE N0. 920 AN ORDINANCE OF THE CITY OF LAKE EL5INORE, CALIFORNIA, PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF LAKE ELSINORE. WHEREAS, The City Council of the City of Lake Elsinore, County of Riverside, State of California, does ordain and; WHEREAS, Ordinance No. 569 is hereby repealed and Chapter 2.20 of Title 2 is amended to read as follows: ARTICLE I. GENERAL PURPOSES Section 1. Purposes. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. ARTICLE II. DEFINITIONS Section 2.1. Definition. as used in this ordinance, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. ARTICLE III. DISASTER COUNCIL Section 3.1. Disaster Council Membership. the Lake Elsinore Disaster Council is hereby created and shall consist of the following: A. The City Manager, who shall be Chairman. B. The Assistant City Manager, who shall be Vice Chairman. C. Public Services Director Page two Ordinance No. 920 D. Chief Building Official E. Fire Department Representative F. Police Department Representative ARTICLE IV. DISASTER COUNCIL POWERS AND DUTIES Section 4.1. Disaster Council Powers and Duties. It shall be the duty of the Lake Elsinore Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairman or, in his absence from the City or inability to call such meeting, upon call of the Vice Chairman. ARTICLE V. DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY .SERVICES Section 5.1. Director and Assistant Director of Emergency Services. A. There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of emergency services. B. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. ARTICLE V2. POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES Section 6.1. Powers and Duties of the Director and Assistant Director of Emergency Services. A. The Director is hereby by empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within 7 days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a "State of Emergency" when, in the opinion of the Director, the locally Page three Ordinance No. 920 available resources are inadequate to cope with the emergency. (3) .Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this ordinance. (4) Direct operation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them. (5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a "Local Emergency" as herein provided, the proclamation of a "State of Emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "State of War Emergency," the Director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use. (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a "State of War Emergency" in the county in which this city is located or the existence of a "State of War Emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (d) To requisition necessary personnel or Page four Ordinance No. 920 material of any city department or agency; and (e) To execute all of his ordinary power as City Manager all of the powers conferred upon him by this ordinance or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statue, by any agreement approved by the City Council, and by any other lawful authority. B. In the event the director of emergency services is unable to perform the duties designated the order of succession to that office shall be: 1. Assistant Director/Assistant City Manager 2. Public Services Director 3. Chief Building Official C. The Assistant Director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. ARTICLE VII. EMERGENCY ORGANIZATION Section 7.1. Emeraencv Oraanization. All officers and employees of the City of Lake Elsinore together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may be in agreement or operation of law, including persons impressed into service under the provisions of SEC. 6.A.(6)(c) of this ordinance, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the City of Lake Elsinore. ARTICLE VIII. EMERGENCY PLAN Section 8.1. Emeraencv Plan. The Lake Elsinore Disaster Council shall be responsible for the development of the City of Lake Elsinore Emergency Plan which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State Paqe five Ordinance No. 920 of War Emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. ARTICLE IX. EXPENDITURES - Section 9.1. Expenditures. any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection of the City of Lake Elsinore. ARTICLE X. PUNISHMENT OF VIOLATIONS Section 10.1. Punishment of Violation. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.), or by imprisonment for not to excess six months, or both, for any person, during an emergency, to: A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, to to prevent, hinder, or delay the defense or protection thereof, C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the State. ARTICLE XI. EFFECTIVE DATE Section 11.1. Effective Date. This ordinance shall become effective thirty (30) days from and after its passage. ARTICLE XII. SEVERABILITY Section 12.1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this and the Page six 420 Ordinance No. provisions of this ordinance are declared to be severable. THIS ORDINANCE SHALL TAKE EFFECT AS PROVIDED BY LAW. day of A AYES: NOES: ABSENT: ABSTAIN: INTRODUCED AND PASSED UPON FIRST READING this 13th ugust, 1991, upon the following roll call vote: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, hJINKLER, WASHBURN COUNCILMEMBERS: fiONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of August, .1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: BUCK, DOMINr,UEZ, STARKEY, WINKLER, WASHBUP.N NONE NONE NONE APPROVED AS TO FORM AND LEGALITY: 0 R. HA PE., ITY ATTORNEY ;, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad; City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August~l3, 1991, and had its second reading on August 27, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE `1 CiY, ri CITY OF E ELSINORE (SEAL) STATE OF CALIFORNIA. ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 920 of said Council, and that the same has not been amended or repealed. August 28, 1991 CITY OF T~e.INE+ ELSINORE (SEAL) ORDINANCE NO. 921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ZONING REGULATIONS FOR THE BRIGHTON/ALBERHILL SPECIFIC PLAN 89-2 WHEREAS, an application has been filed with the City of Lake Elsinore by Brighton Homes to amend the Brighton/Alberhill Development Agreement relating to the Alberhill Specific Plan area consisting of approximately 997 acres of land bounded generally by Interstate 15 to the north, Terra Cotta Road/Nichols Road to the south, Pacific Clay Company to the east, and Robb Road/Lake Street to the west; WHEREAS public notice of said applications has been given, and the Planning Commission has considered evidence presented by the applicant, Community Development Department and other interested parties at a public hearing held with respect to this application on June 5, 1991, and June 19, 1991 and recommended approval. 1991. WHEREAS, the City Council held a public hearing on August 27, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the previously certified Environmental Impact Report 89-2, the Addendum to EIR 89-2, the proposed Brighton/Alberhill Zoning Regulations prior to making a decision to approve the proposed Amendment to the Specific Plan 89-2. The City Council finds and determines that EIR 89-2 and the Addendum thereto are adequate under CEQA to analyze the environmental effects of the Zoning Regulations, based upon the following findings and determinations: a. Only minor technical changes and additions are necessary to make the FEIR 89-2 adequate to address the proposed Zoning Regulations, since substantial changes have not occurred with respect to the circumstances under which the existing Specific Plan was undertaken, the proposed changes to the Zoning Regulations will not require any important revisions to the FEIR 89-2, and there will be no new significant environmental impacts that were not considered in the FEIR; b. No mitigation measures or alternatives which were previously not considered in the FEIR 89- 2 would substantially lessen any significant effects on the environment; c. The changes to EIR 89-2 set forth in the Addendum thereto do not raise important new issues about any significant effects on the environment. d. No new information of substantial importance to the project has become available. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of the Zoning Regulations have been made as follows: 1. The proposed Zoning Regulations are consistent with the City of Lake Elsinore General Plan. The proposed Zoning Regulations are consistent with the General Plan. The proposed amendment does not propose any addition, deletion or modification which will deviate from the Goals and/or Polices of the General Plan. 2. The proposed Zoning Regulations are consistent with any applicable specific plan, zoning policies and regulations. The proposed Zoning Regulations are consistent with the proposed Alberhill/Brighton Specific Plan Amendment. The purpose of the Zoning Regulation is to implement the provisions of the revised Alberhi7~1/Brighton Specific Plan. NOW, THEREFORE, based on the above findings, City Council does hereby approve the Zoning Regulations for the Brighton/Alberhill Specific Plan. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th of August, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING thisllth day of September 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS BUCK, DOMIN~UEZ, STARKEY, k~INKLER, 41ASHBURN NONE NONE NONE . Washburn, Mayor of Lake Elsinore Vicki Lynn( Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVE S TO FORM AND LEGALITY: John Harper, ity Attorney City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September. l0, 1991, and had its second reading on September 24, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE ASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 921 of said Council, and that the same has not been amended or repealed. DATED: September 11, 1991 ~~ CKI LYNNE K AD, ITY CLERK CITY OF LAKE SINORE (SEAL) NO. 922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE AMENDING MUNICIPAL CODE SECTION 10.24.030 RELATING TO WEIGHT LIMITATION ON STREETS EXCEPT DESIGNATED TRUCR ROUTES RECITALS WHEREAS, the City of Lake Elsinore has enacted Municipal Code Section 10.24 to establish truck routes and prohibit vehicles exceeding a specified maximum gross weight limit on any street other than a designated truck route; and WHEREAS, the City Council for the City of Lake Elsinore desires to amend said section by reducing the maximum gross weight limit from three (3) tons to two (2) tons. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Municipal Code Section 10.24.030, Weight Limitations for the City of Lake Elsinore is hereby amended to read as follows: "10.24.030 Weight Limitation. Whenever any such designated truck routes are so established, no person shall operate or park any vehicle exceeding a maximum gross weight limit of two (2) tons on any street, or portion thereof, except those streets so designated as truck routes. ORDINANCE NO. 922 PAGE TWO PASSED AND APPROVED UPON THE FIRST READING this 27th day of August, 1991, upon the following roll call vote: AYRES: COUNCILMEMBERS: BUCK, DOMINrUEZ, STARKEY, bIINKLER, U!ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this 10th day of September, 1991, upon the following roll call vote: AYRES: NOES: ABSENT: ABSTENTIONS: ST: ki L APPROVED AS TO FORM: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNC BUCK, DOr~IN~UEZ, STARKEY, hIINKLER, 41ASHBURN NONE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 10, 1991, and had its second reading on September 24, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CKI-LYNNE SA IT CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 922 of said Council, and that the same has not been amended or repealed. DATED: September 11, 1991 CKI LYNNE KA AD, CLE CITY OF LAKE E INORE (SEAL) ORDINANCE NO. 923 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 1 TO THE BRIGHTON/ALBERHILL DEVELOPMENT AGREEMENT, ADDING SECTION 30 WHEREAS, an application has been filed with the City of Lake Elsinore by Brighton Homes to amend the Brighton/Alberhill Development Agreement relating to the Alberhill Specific Plan area consisting of approximately 997 acres of land bounded generally by Interstate 15 to the north, Terra Cotta Road/Nichols Road to the south, Pacific Clay Company to the east, and Robb Road/Lake Street to the west; WHEREAS public notice of said applications has been given, and the Planning Commission has considered evidence presented by the applicant, Community Development Department and other interested parties at a public hearing held with respect to this application on June 5, 1991, and June 19, 1991 and recommended approval. 1991. WHEREAS, the City Council held a public hearing on August 27, NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the previously certified Environmental Impact Report 89-2, the Addendum to EIR 89-2, the proposed Brighton/Alberhill Development Agreement Amendment prior to making a decision to approve the proposed Amendment to the Development Agreement. The City Council finds and determines that EIR 89-2 and the Addendum thereto are adequate under CEQA to analyze the environmental effects of the Development Agreement, based upon the following findings and determinations: a. Only minor technical changes and additions are necessary to make the FEIR 89-2 adequate to address the proposed Development Agreement Amendment, since substantial changes have not occurred with respect to the circumstances under which the existing Development Agreement was undertaken, and there will be no new significant environmental impacts that were not considered in the FEIR; b. No mitigation measures or alternatives which were previously not considered in the FEIR 89- 2 would substantially lessen any significant effects on the environment; c. The changes to EIR 89-2 set forth in the Addendum thereto do not raise important new issues about any significant effects on the environment. d. No new information of substantial importance to the proposed Development Agreement has become available. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Development Agreement have been made as follows: 1. The proposed Development Agreement Amendment is consistent with the City of Lake Elsinore General Plan. The proposed Development Agreement Amendment is consistent with the General Plan. The proposed amendment does not propose any addition, deletion or modification which will deviate from the Goals and/or Polices of the General Plan. 2. The proposed Development Agreement is consistent with any applicable specific plan, zoning policies and regulations. The proposed Development Agreement is consistent with the proposed Alberhill/Brighton Specific Plan Amendment. The purpose of the Development Agreement Amendment is to implement the provisions of the revised Alberhill/Brighton Specific Plan. NOW, THEREFORE, based on the above findings, the City Council does hereby approve Amendment Number 1 to the Brighton/Alberhill Development Agreement adding Section 30 attached hereto and made a part hereof. Except as so expressly amended by this amendment (Exhibit 1), all of the terms, conditions and provisions of the agreement are hereby ratified and confirmed, and shall remain in full force and effect. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Orinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th of August, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMINCUEZ, STARKEY, WINKLER, b!ASHBURN NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this IOth day of September 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOPIINGUEZ, STARKEY, biINKLER, 4!ASHBURN NONE NONE NONE ~~ e Washburn, Mayor of Lake Elsinore City (SEAL) Elsinore APPROVED AS TO FORM AND LEGALITY: John R. Harper, C ty Attorney City of Lake inore 1. .Section 30 is added to the Agreement, as follows: "30. Adoption of Alberhill Specific Plan Amendment No. 1. 30.1 Permitted Uses of Property. Notwithstanding Section 8 and any .and all other provisions of the Agreement specifying the nature, intensity and location of allowable land uses on tha Property, the permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of the proposed buildings on the property, the design standards for such construction, .and provisions for reservation and dedication of land for public purposes and .golf course and related recreational uses, are all as set forth in Alberhill Specific Plan Amendment No. 1 and are incorporated herein by this reference. They are the uses of the Property covered by this Agreement which are specifically permitted by this Agreement and the City is bound to permit those .uses on the Property. Exhibit "D" attached hereto and incorporated herein by this reference shows the intended .land uses contemplated by Alberhill Specific Plan Amendment No. 1 and secured by this Agreement. 30.2 "Existina Development Approvals". .The definition of the term "Existing Development Approvals," as set forth in Section 2.10 of the Agreement, shall be deemed to include, in addition to the development approvals described in such Section 2.i0, the approval of General Plan Amendment No. 91- _ and Alberhill Specific Plan Amendment No. 1. 30.3 "Project". The definition of the term "Project," as set forth in Section 2.13 of the Agreement, shall be deemed to include the land use plan encompassed by the approval of the General Plan Amendment No. 91- 1 and Alberhill Specific Plan Amendment No. 1. 30.4 Timing of Golf Course Construction. The provisions of this Section 30.4 shall supersede and take precedence over those portions of Section 9.5 and any and all other provisions of the Agreement that are inconsistent with this Section 30.4. 30.4.1 The Developer shall pay the Development Agreement fee in accordance with paragraph 9.5(1)(a) of the Agreement, and a park fee of One Thousand Six Hundred Dollars ($1,600.00) per dwelling unit for the development of a total of 18.73 acres of park land for the project, in connection with the issuance of each residential building permit, until such time that Developer transmits to the City the written notice specified in paragraph 30.4.2; provided, however, that under no circumstances shall the Developer be required to pay such park fees in connection with the issuance of more than One Thousand One Hundred (1,100) residential building permits. City shall deposit all of the Development Agreement fees in excess of that which would otherwise have been collected for the "golf course project" in accordance with paragraph 9.5(1)(b) of the Agreement, and the park fees collected pursuant to this Paragraph 30.4, in a separate account. 30.4.2 At such time that Developer definitely determines to construct the golf course as part of the project, Developer shall transmit written notice of such determination to the City.. Said notice shall be in a form acceptable to the City, and shall contain a detailed design and construction schedule, including milestone dates consistent with those specified in paragraph 30.4.3, to allow the City to monitor the progress of the work. Following approval of such notice, Developer shall diligently pursue the design and construction of the golf course. Upon receipt and approval of the notice described herein, the City shall promptly rebate to the Developer all funds held on deposit pursuant to Paragraph 30.4.1. From and after the date of such notice, Developer shall pay the Developmeht Agreement fees on all residential building permits for the project in accordance with paragraph 9.5(1) (b) of the Agreement, and. shall have no obligation to pay any park fees pursuant to paragraph 3.3 of the Agreement. 30.4.3 Developer shall complete the construction of the first nine (9) holes of the golf course within three (3) years of the date of the notice described in Paragraph 30.4.2, and complete the construction of the final nine (9) holes of, and the clubhouse for, the golf course within five (5) years of the date of such notice, all in accordance with the schedule provided in paragraph 30.4.2. In the event that the City determines on the basis of substantial evidence that the Developer is not diligently pursuing the design and construction of the golf course as set forth herein, then the City may transmit written notice to the Developer of such determination. Such notice shall reinstitute the fee and deposit provisions of paragraph 30.4.1 above, and Developer shall repay the City the amount of any Development Agreement fees and park fees previously rebated to the Developer pursuant to paragraph 30.4.3, plus any Development Agreement fees and any park fees pursuant to paragraph 30.4.1 on any building permits issued after the City rebated the fees to the Developer pursuant to paragraph 30.4.2, The City shall have the discretion to withhold approval of any subdivision if the Developer does not comply with the provisions of this paragraph 30.4.3, regarding repayment of rebated fees, within thirty (30) days of the date of any written demand therefor from the City. 30.4.4 Upon the City's subsequent determination that the Developer has recommenced diligent pursuit of the design and construction of the golf course, the City shall rebate all such funds in accordance with paragraph 30.4.2 above. 30.5 Consistencv Finding. By approving and executing this Amendment, City finds that the provisions of the Agreement, as modified by this Amendment, are consistent with City's General Plan and Alberhill Specific Plan Amendment No. 1, and City further finds and determines that execution of the Agreement, as modified by this Amendment, is in the best interests of the public health; safety and general welfare of City's residents, property owners and taxpayers." STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 10, 1991, and had its second reading on September 24, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i CKT L NNE KASA ITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 923 of said Council, and that the same has not been amended or repealed. D TED: September 11, 1991 VICKIKI^~E K SAD, ITY CLERK CITY OF LAKE LSINORE (SEAL) ORDINANCE NO. 924 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 347-250-006, 007 and 008; 247-350-003 from Rural Residential (maximum 0.5 dwelling units per acre) to Single-Family Residential R-1 (maximum 6 dwelling units per acre) on approximately 169.1 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zoning District. Approval is based on the following: 1. The Zone Change is consistent with the General Plan which states clustered single-family development may also be encourage within the Low Density Residential designation to minimize grading requirements and impacts to environmentally sensitive areas. 2. The R-1 designation is abetter tool than the R-R designation to implement the General Plan Goals and Policies. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of September, 1991., upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOP^INr,UEZ, STARKEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER, WASHBURN PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of October, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 169.1 ACRES LOCATED APPROXIMATELY TWO MILES EASTERLY FROM INTERSTATE I5 AND STATE ROUTE 74 JUNCTION, JUST SOUTHERLY AND EASTERLY OF WASSON CANYON FROM R-R (MAXIMUM 0.5 DWELLING UNITS PER ACRE) TO R-1 (MAXIMUM 6 DWELLING UNITS PER ACRE) (ZONE CHANGE 91-6: TUSCANY OAKS/TMP) BUCK, DOP1INC.UEZ, STARKEY NONE NE KLER, Ga M. Washburn, Mayor C of Lake Elsinore City of Elsinore APPROVED AS TQ FORM AND LEGALITY: Bonn Narp r, City Attorney City of L k Elsinore (SEAL) .,, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 24, 1991, and had its second reading on October 8, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER, WASHBURN ~~~ ~(~l'O"Fi~ C~~:I 'LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA. ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 924 of said Council, and that the same has not been amended or repealed. DA ED: October 10, 1991 VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 15.28, BUILDING SECURITY PROVISIONS, TO THE LAKE ELSINORE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to the Lake Elsinore Municipal Code Chapter 15.28, Building Security Provisions, one copy which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. SECTION 2. All changes and modifications by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 3. VIOLATION- PENALTY. Any person violating any of the provisions or failing or comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinance of Lake Elsinore is committed, continued or permitted by any such person, and shall be punished accordingly. SECTION 4. This ordinance shall take effect as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 22nd of October 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMIN~UEZ, STARKEV, WINKLER, hIASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED of November 1991, upon AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: NONE NQNG . UPON SECOND READING this 12th day the following roll call vote: BUCK, DOMINr,UEZ, STAR KEY, U!INKLER, !~!ASHBURN NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: E ~.li'~ ~ ~A f~~.f I ~ Gary Nye Washburn, Mayo Cit f Lake Elsinore Vicki Lynn~~Kasad, City Clerk City of Lake Elsinore (SEAL) AP RO ED TO ORM AND LEGALITY: o n Har er C' Attorne J p Y Y City of Lake E sinore EXHIBIT "A" CHAPTER 15.28 BUILDING SECQRITY PROVISIONS Section 15.28 15.28.010 Intent 15.28.020 Application and scope 15.28.030 Definitions 15.28.040 Alternate materials and methods of construction 15.28.050 Residential building provisions 15.28.060 Commercial building provisions 15.28.070 Tests Section 15.28.010 INTENT. The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry. Section 15.28.020 APPLICATION AND SCOPE. The provisions of this security ordinance shall apply for all new residential, commercial, and industrial buildings. All applicable state and local fire codes must be adhered to and no portion of this chapter shall supersede any local, state, or federal laws, regulations or codes. Section 15.28.030 DEFINITIONS. The following terms used in this division shall have the meanings indicated below: Approved means certified as meeting the requirements of this division by the enforcing authority or his authorized agents, or by other officials designated by the enforcing authority to give approval on a particular matter dealt with by the provisions of this division with regard to a given material, mode of construction, piece of equipment or device. Auxiliary locking device is a secondary locking system added to the primary locking system to provide additional security. Bolt is a metal bar which, when actuated, is projected (or "thrown") either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening. Bolt projection {or bolt throw) is the distance from the edge of the door, at the bolt center line, to the farthest point on the bolt in the projected position, when subjected to end pressure. Burglary resistant glazing means those materials as defined in Underwriters Laboratories Bulletin 972. Commercial or industrial building is a building, or portion thereof, used for a purpose other than dwelling. Component, as distinguished from a part, is a subassembly which combines with other components to make up a total door or window assembly. For example, the primary components of a door assembly 'include: Door, lock, hinges, jamb/wall, jamb/strike and wall. Cylinder is the subassembly of a lock containing the cylinder core, tumbler mechanism and the keyway. A double cylinder lock is one which has a key-actuated cylinder on both the exterior and interior of the door. Cylinder core or cylinder vluq is the central part of a cylinder containing the keyway, which is rotated by the key to operate the lock mechanism. Cylinder guard is a hardened metal ring or plate surrounding the otherwise exposed portion of a cylinder lock to resist cutting, drilling, prying, pulling, or wrenching with common tools. Deadbolt is a lock bolt which does not have a spring action as opposed to a latch bolt, which does. The bolt must be actuated by a key and/or a knob or thumb turn and when projected becomes locked against return by end pressure. Dead latch is a spring actuated. latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure. Door assembly means a unit composed of a group of parts or components which make up a closure for a passageway through a wall. For the purposes of this division, a door assembly consists of the following parts: Doors, hinges, locking device or devices; operation contracts (such as handles, knobs, push plates); miscellaneous hardware and closures; the frame, including the head, threshold, and jambs plus the anchorage devices to the surrounding wall and a portion of the surrounding wall extending thirty-six (36) inches from each side of the jambs and sixteen (16) inches above the head. Door stops are the projections along the top and sides of a door jamb which check the door's swinging action. Double cylinder deadbolt is a deadbolt which can be activated only by a key from either the interior or exterior of the building. Dwellincr is a building or portion thereof designated exclusively for residential occupancy, including single-family and multiple-family dwellings. Enforcing authority means the .director of community development or his authorized representatives. Flushbolt is a normal manual, key, turn operated or automatic releasing metal throwbolt, normally used on inactive door(s) that is attached to the top and bottom of the door and engages in the head and threshold of the frame. Fully tempered glass means those materials meeting or exceeding ANSI Standard 297.1 - Safety Glazing. Inactive leaf or door means either leaf or door of a pair of doors which has no surface mounted hardware and which receives and holds the latch or bolt of the primary locking system. Jamb is the vertical members of a door frame to which the door is secured. Jambr/strike means that component of a door assembly which receives and holds secure the extended lock bolt; the strike and jamb used together are considered a unit. Jamb/wall is that component of a door assembly to which a door is attached and secured; the wall. and jamb used together are considered a unit. Rev-in-knob is a lockset having the key cylinder and other lock mechanisms contained in the knob. Latch or latch bolt is a beveled, spring-actuated bolt, which may or may not have a deadlocking device. Lock or lockset is a keyed device (complete with cylinder, latch or deadbolt mechanism, and trim such as knobs, levers, thumb turns, escutcheons, etc.) for securing a door in a closed position against forced entry. Locked indicator is a device indicating whether the lock set (deadbolt, etc.) is locked or open. Locking device is a part of a window or sliding door assembly which is intended to prevent movement of the movable sash or door. Minimum maintained means measurable light level at furthest point from lighting source at ground level. Multiple-family dwelling is a building or portion thereof designed for occupancy by one or more persons living independently of each other, including hotels, motels,. apartments, duplexes, town houses, and condominiums. Panic hardware is a latching device on a door assembly for use when emergency egress is required due to a fire or other threat to life safety. Such devices are designed so that they will facilitate the safe egress of people in case of emergency when a pressure not to exceed (15) pounds is applied to the releasing device in the direction of exit travel. Such releasing devices are bars or panels extending not less than two-thirds (2/3) of the width of the door and placed at heights suitable for the service required, not less than thirty (30) nor more than forty-four (44) inches above the floor. Part, as distinguished from component, is a unit (or subassembly) which combines with other units to make up a component. Primary locking device is the single locking system on a door or window unit whose function is to prevent unauthorized intrusion. Private dwelling or single-family dwelling is a building designed exclusively for occupancy by one family. Rail is the horizontal members of a sash frame. A meeting rail is one which mates with a rail of another sash or framing member of the window frame when the sash is in the closed position. Sash is an assembly of stiles, rails, and, sometimes, muntins assembled into a single frame which supports the glazing material. A fixed sash is one which is not intended to be opened. A movable sash is intended to be opened. Sill is the lowest horizontal member of a window frame. Single cylinder deadbolt is a deadbolt lock which is activated from the exterior by a key and from the interior by a know, thumb-turn, lever or similar mechanism. Solid core door means a door composed of solid wood or compressed wood equal in strength to solid wood construction. Stile is a vertical framing member of a window or door. A meeting stile is one which mates with a stile of another sash, or a vertical framing member of a door or window frame when the sash is in the closed position. Strike is a metal plate attached to or mortised into a door jamb to receive and to hold a projected latch bolt and/or deadbolt in order to secure the door to the jamb. Swinaina door means a door hinged at the stile or at the head and threshold. II.L. listed means tested and listed by Underwriters Laboratories, Inc. Vandal resistant cover is a protective cover constructed of either acrylic, polycarbonate or wire mesh which totally encloses the light source. The wire mesh must have a maximum 1/4-inch thickness. The purpose of the cover is to discourage the willful destruction of the light source. Visibility corridor is an opening of at least a ten-inch square and shall be located a minimum of thirty-six (36) inches and not to exceed fifty (50) inches above ground level. Window assembly is a unit composed of a group of parts or components which make up a closure for an opening in a wall or roof (including the anchorage) to control light, air, and other elements. Window frame is that part of a window which surrounds and supports the sashes and is attached to the surrounding wall. The members include job jambs (vertical), head jamb (upper,. horizontal), sill and mullions. Section 15.28.040 ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION. The provisions of this Chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this Code when such alternate provides equivalent security. Section 15.28.050 RESIDENTIAL BUILDING PROVISIONS. The following special provisions shall apply to all residential projects: (1) All exterior swinging doors shall be of solid core construction with a minimum thickness of (1 3/4) inches, or with panels not less than nine-sixteenths inch thick. If hollow metal doors are used they shall be constructed of a minimum equivalent to sixteen U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. (2) Any swinging door leading from a garage into a residence shall be of solid core construction with a minimum thickness of (1 3/8) inches. (3) The above-described doors shall be equipped with a single cylinder deadbolt having a minimum projection of one inch and an embedment of at least 3/4 inch into the strike receiving the bolt. The bolt shall be constructed so as to resist cutting tool attacks. (4) The inactive leaf of double doors shall be equipped with metal flushbolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. (5) Glazing in exterior doors or within 40 inches of a door locking mechanism shall be of fully tempered glass or rated burglary resistance glazing. (6) Nonremovable pins shall be used in pin type hinges which are accessible from the outside when the door is closed, also includes interior garages doors. (7) Door stops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb. (8) Strikeplates shall be constructed of minimum 16 U.S. gauge steel, bronze or brass a minimum of 3 1/2 inches in length and secured to the jamb with screws a minimum of 2 1/2 inches in length. (9) All front exterior doors shall be equipped with a wide angle 180 degree door viewer, except where clear vision panels are installed. (l0) The following provisions for address markings shall apply to residential dwellings: (a) All residential structures shall display a street number in a prominent position so that it shall be easily visible from the .street. The numbers shall be 4 inches in height, of a color contrasting to the background and located so they may be clearly seen and read. If the structure has rear vehicle access, numbers shall be placed there as well. (b) In multiple-family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection (10), infra. Each individual unit of residence shall have a unit identifying number, letter or combination thereof displayed upon the door. (c) Buildings shall be numbered with the approval of the enforcing authority. (d) This section shall not prevent supplementary .numbering such as reflective numbers on street curbs or decorative numbering but this shall be considered supplemental only and shall not satisfy the requirements of this section. (11) All exterior doors shall be equipped with a lighting device which shall provide a minimum maintained 1 footcandle of light at ground level during hours of darkness. (12) Aisles, passageways and recesses related to and within multiple-family dwelling complexes shall be equipped with lighting devices which shall provide a minimum maintained 1 footcandle of light at ground level during hours of darkness. Lighting devices shall be protected by vandal resistant covers. (13) All parking lots, carports, garages and parking structures of multiple-family dwelling complexes shall be equipped with lighting devices which will provide a minimum maintained one footcandle of light on the parking surface during hours of darkness. Subterranean parking lots shall maintain lighting 24 hours a day. Lighting devices shall be protected by vandal resistant covers. (14) All exterior required lighting devices shall be placed at a height which will fully illuminate an average adult. (15) In multiple-family dwelling complexes where a common laundry is supplied, the laundry room's access door shall be equipped with a window, self closure device and self locking door lock which can be manually disengaged on the interior. Lighting shall be maintained inside the laundry room during hours of darkness. (16) whenever a mail slot is located within 40 inches of the primary locking device on any exterior door, it shall be covered by an interior hood which will discourage manipulation of the primary locking device. ('E~--N9~~3i6J-~1a-~~liC CGC'f. ~r~n ~h~l l ++rnnl+.Ae }s... __ Of &A ~,~y-m S7~C,tem_,-i me i A i n¢ a h i nh r ~ e.+..~ ^r '} }h th } +h' h 'c rn --~ ~' Section 15.28.60 COt~RCIAL/INDIISTRIAL PROVISIONS. The following special shall apply to all Commercial/Industrial projects: (1) All exterior swinging doors shall be of solid core construction with a minimum thickness of (1 3/4) inches, or with panels not less than nine-sixteenths inch thick. If hollow metal doors are used they shall be constructed of a minimum equivalent to sixteen U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. (2) The above-described doors shall be equipped with a single cylinder deadbolt having a minimum projection of one inch and an embedment of at least 3/4 inch into the strike receiving the bolt. The bolt shall be constructed so as to resist cutting tool attacks. (3) The inactive leaf of double doors shall be equipped with metal flushbolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. (4) Glazing in exterior doors or within 40 inches of a door locking mechanism shall be of fully tempered glass or rated burglary resistance glazing. (5) Nonremovable pins shall be used in pin type hinges which are accessible from the outside when the door is closed. (6) Door stops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb. (7) Strikeplates shall be constructed of minimum 16 U.S. gauge steel, bronze or brass a minimum of 3 1/2 inches in length and secured to the jamb with screws a minimum of 2 1/2 inches in length. (8) All exterior doors shall be equipped with a lighting device which shall provide a minimum maintained 1 footcandle of light at ground level during hours of darkness. (9) All exterior required lighting devices shall be placed at a height which will fully illuminate an average adult. (l0) All parking lots, carports, garages and parking structures shall be equipped with lighting devices which will provide a minimum maintained one footcandle of light on the parking surface during hours of darkness. Subterranean parking lots shall maintain lighting 24 hours a day. Lighting devices shall be protected by vandal resistant covers. (11) Whenever a mail slot is located within 40 inches of the primary locking device on any exterior door, it shall be covered by an interior hood which will discourage manipulation of the primary locking device. (12) Ladders leading to the roof shall do so from the interior of the building. (13) Hatchways on the roof., if not of meatal construction, shall be covered on the inside with sixteen (16) gauge sheet metal, or its equivalent: Hatchways shall be secured from the inside with a slide bar or slide bolt. outside hinges shall be equipped with nonremovable hinge pins. (14) All skylights on the roof of any building shall be provided with: (a) Rated burglary resistant glazing; or (b) Iron or steel bars at least 1/2 inch round, material spaced not more than 5 inches apart; or (c) Steel or iron grill of at least 1/8 inch metal with a maximum 2 inch mesh mounted inside the skylight and secured by bolts which are nonremovable from the exterior. (d) These requirements do not apply on any structure with a height of 35 feet or more where there is no readily available roof access as determined by the enforcing authority. (15) The following standards for lighting and address markings .shall apply to commercial buildings: (a) The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. The numerals in the numbers shall be no less than 6 inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway. or parking lot shall also display the same numbers on the rear of the building. (b) All exterior doors shall be equipped with a lighting device which shall provide a minimum maintained 1 foot candle of light at ground level during hours of darkness. (c) All parking lots, and access thereto use by the general public, shall be provided with a minimum maintained 1 footcandle of light on the parking surface from dusk until the termination of business every operating day. At all other .hours of darkness, a minimum maintained .25 footcandles of light. shall be provided at ground level. Section 15.28.070 TESTS. The methods for testing doors and locking hardware on such doors and also window assemblies are per the Uniform Building Code Standard No. 41-1 and No. 41-2 and are adopted by reference. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on October 22, 1991 and was passed on second reading November 12, 1991, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~_~ VICKI LY NE KAS D, CITY CLERK CITY OF LAK EZ,SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 925 of said Council, and that the same has not been amended or repealed D ED: November 13, 1991 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 926 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 8.40.010 AND ADDING SECTION 8.40.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE CLOSURE TIMES AND RULES AND REGULATIONS FOR CITY PARKS AND BEACHES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE Chapter 8.40 "PARKS" of the Lake Elsinore Municipal Code is. hereby amended to read "PARKS AND BEACHES". SECTION TWO Section 8.40.010 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "Section 8.40.010 CLOSURE TIME--EXCEPTION. All City Parks and Beaches shall be closed between the hours of ten p.m. and six a.m. of each and every day, except at such dates and times that might be approved by the City Manager upon recommendation of the law enforcement agencies for the City." SECTION THREE Section 8.40 of the Lake Elsinore Municipal Code is hereby amended to add Section 8.40.040 to read as follows: "Section 8.40.040 RULES AND REGULATIONS. A. Alcohol is prohibited in City parks and beaches without City Council approval. B. Vehicles are prohibited from City parks without City Council authorization except for City maintenance vehicles, contract maintenance vehicles, and public safety vehicles. C. Dogs are permitted in City parks when on a leash. Owners are responsible for cleaning up and removing all dropping left by their animals. D. Golf is prohibited in City parks unless it is a part of a City sponsored recreation program. E. Open fires are prohibited unless in fire rings provided by the City. F. Firearms of any kind and archery are prohibited in public parks and beaches. G. Camping and/or overnight use is prohibited. H. Littering is strictly prohibited. I. Swimming, boat and jet ski launching is prohibited from City beaches. J. Fishing is allowed in designated fishing areas only. SECTION FOUR This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING THIS 24th day of September , 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STAR KEY, WINKLER, WASNBURN NOES: COUNCILPIEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED, AND ADO 1991, upon the. following roll AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PTED THIS Bth DAY OF October call vote: BUCK, DOP1IN(;UEZ, STARKEY, bIINKLER, WASNBURN NONE NONE I NONE ~~ r.i 9 Washburn, Mayor (SEAL) APPROVED AS TO FORM AND LEGALITY: n R. Ha per, C ty At orney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 24, 1991, and had its second reading on October 8, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE CITY OF (SEAL) ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE EL52NORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 926 of said Council, and that the same has not been amended or repealed. DAT~D: October 10, 1991 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 927 ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ABOLISHING A PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LAKE ELSINORE RECITALS WHEREAS, on or about August 9, 1983, the City of Lake Elsinore did adopt Ordinance No. 673 establishing a Parking and Business Improvement Area within the City of Lake Elsinore pursuant to Section 36525 of the Streets and Highways Code of the State of California; and WHEREAS, said Parking and Business Improvement Area derives revenue from charges mposed in addition to a business license tax; and WHEREAS, the City Council has determined that the elimination of the supplemental business license tax will result in equitable business license tax assessments throughout the Ciry of Lake Elsinore; and WHEREAS, the Council now desires to abolish said Parking and Business Improvement Area and eliminate said tax assessment; NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. Ordinance No. 673, an Ordinance of the City of Lake Elsinore, California, establishing a Parking and Business Improvement Area in the City of Lake Elsinore is hereby repealed in its entirety. Section 3. As an ordinance affecting taxation, this ordinance shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 8th day of (?ctnber 1991, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: A VICKI LYNNFJ~KASAD, CI' CITY OF LAKE ELSINORE APPROVED AS TO FORM: 7 N R. HARPER, IT ATTORNEY COUNCILMEMBERS: BUCK. STP.RKEY, 4!INKLER, U!ASHBURN COUNCILMEPIBERS: NONE COUNCILMEMBERS: NONE ((~~ COUNCILP1EMBERS: DOPIINC~l~F1Z GARYJ~ASHBURN, MAYOR CITY//~~ LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on October 8, 1991 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, STARKEY, WINKLER, WASHBURN NOES: COUNCILN~EMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: DOMINGUEZ _ ~vC/' (-~ VICKI LYNNE KASAD, CITY CLERK CITY OF LAK ELSINORE' (SEAL) STATE -0F CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 927 of said Council, and that the same has not been amended or repealed. DATED: October 10, 1991 VICKNE SAD, CITY C ERK CITY OF LAKE LSINORE (SEAL) _.__._ _. ORDINANCE NO. 928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE LEVYING SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACII~TIES DISTRICT N0.91-4 (SCENIC RIDGE PUBLIC IlVIPROVIIVIENTS) City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) WHEREAS, on September 10, 1991, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to establish the City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities"); WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the District and to provide for the Facilities; WHEREAS, this City Council has held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this City Council adopted resolutions entitled "A Resolution of Formation of City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy o£ the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the City of Lake Elsinore Community Facilities District No. 91-4 (Scenic Ridge Public Improvements) and Submitting Proposition to the Qualified Electors of the District" and "A Resolution Calling Special Election", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, the City Council of the City of Lake Elsinore ordains as follows: Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rate and in accordance with the formula set forth in the Resolution of Formation which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year. 1991-92 and in each fiscal year thereafter until payment in full of any bonds of the City issued for the District (the "Bonds") and all costs of administering the District. Section 2. The Director of Administrative Services of the City, or in his absence the Finance Director of the City, is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State or local governments shall be exempt from any levy of the special taxes to the extent set forth in the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Resolution of Formation. Section 4. All of the collections o£ the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the City in administering the District and the costs of collecting and administering the special tax. - Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services of the City, or in his absence the Finance Manager of the City, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper bIlling and. collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 1991- 9`L and for each fiscal year thereafter until the Bonds are paid in full. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the area of the District. Section 8. This Ordinance shall take effect 30 days from the date of final passage. INTRODUCED & APPROVED UPON FIRST READINf this 12th day of November, 1991, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED & ADOPTED UPON SECOND READING, this 26th day of November, 1991, by the follo~eing roll call vote: AYES: COUNCILMEMBERS: BUCK, D0~1INr=UEZ, STARKEv, f!INKLER, !dASHBURP! NOES: COUNCILMEMBERS: NONE ABSENT:- COUNCILMEMBERS: NONE ABSTAIN: COUNCILPIEMBERS: PJOP!E v [. ~., CITY LAKE ELSINORE APPROVED AS TO FORM & LEGALITY: JOHN R. H RP CI A TORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on November 12, 1991 and was passed on second reading November 26, 1991, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AB/STAIN: COUNCILMEMBERS: NONE 1 \+ltit-1u7~ VICKI LYN~KASAD, CITY CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad,. City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 928 of said Council, and that the same has not been amended or repealed. DATED: November 27, 1991 V ~r VI E KASAD, CITY CLERK CITY OF KE E.L'SINORE (SEAL)