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HomeMy WebLinkAboutOrd. Nos 1965-426-429215 ORDINANCE NO. 425-A ~ AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIB, AMENDING ORDINANCE N0. 362, SECTION R3, CHANGING THE TIME OF CLOSING OF PUBLIC DANCES The Mayor and City Council of the City of Elsinore do ordain as follows: Section l: Section 2 of Ordinance'No. 362 of the City of-Elsinore, California, is hereby repealed, ~~ Secti©nn2: Anew Section 2,of Ordinance No. 362 of the Cify of 'Elsinore, California, is hereby enacted to read as follows: " Section.2. Ix shall be unlawful for any person, association of persons, corporation, or company to conduct or assist in conducting any public dance, or operate any dance hall or dancing club in the City of Elsinore, between the hours of 2:00 o'clock, A.hI. and '6: 00 o'clock, A.M., on any day of the week." Section 3: The City Clerk is hereby ordered and directed to certify the passage of this ordinance and to cause the same to be published in the manner provided by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk this >~th day of November, 1964. s/Thomas C. Bartlett Mayor of the City of Elsinore ATTEST: s/Florene Marshall City Clerk of the City of Elsinore ORDINANCE N0. 1+25-B AN ORDINANCE -0F THE CITY OF ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY LOCATED ON-A PORTION OF THE SOUTN SIDE OF P.AILROAD AVENUE TO C-1 (LIMITED COMMERCIAL DISTRFCT) AND AMENDING ORDINANCE N0. 349 The Mayor and City Council of the City of Elsinore do ordain as follows:. Section ]: -The following described property ocated in the Gity of Elsinore, California,,is removed from its present zoning or district, and is hereby re- zoned to C-1 (limited Commercial O.istrict); That the property-which is rezoned is that certain real property located in the City of Elsinore, County of Riverside, State of California, more particularly described as fol lows: "Starting at the NE corner lot 5 Block H as shown in Book 6 page 296 thereof, S. D. County Record, City of Elsinore, Courity of Riverside., State of California, thence N 800 14' bJ 382.4 feet along' the northerly line-of said lot to the intersection with the center line of,the Atchison, :Topeka and Santa Fe R. R. right of way the true point of beginning. Thence S 80° 14' E from the point of beginning to a point on the south line of'Railroad Ave. a sixty foot street and 5~° 46' W 60 .feet from Corner No. 10 a 3;' pipe of the Rancho La Laguna; Thence S 80° L4' E 81.93 ,.feet to the beginning of a curve curving southwesterly, with an i'Ateri:or angle, of 60° 42' and a radius of 1170 feet along the southerly line of Railroad Avenue to Mission Trail fora curve length of 1239.52 feet; Thence S 19° 32' E along the southwesterly side of Mission Trail to the intersection with the north line of Sylvester Street prolonged to said Mission Trail; Thence N 80° 14' W 158.93 feet along the northerly line of Sylvester Street to a point 150 feet from said Mission Trail; 2i~ _ Thence N lg° 32' W at a distance of 150'' westerly of Mission Trail to the beginning of curve, curving northwesterly with an interior angle of 60° 42' a radius of J020-feet and a curve length, 1030.60 feet to end of .curve; Thence N 800 14' W at a distance of 150-,feet southerly from the south line of Railroad Avenue to a point opposite the point of beginning; .Thence N g0 46'E 15.0 feet to the point of beginning, being a strip of land 150 feet wide from the in'tersectiorr of the northeast line of said lot 5 and the R.R, center line of said Bloclc H Rancho La Laguna; southerly and easterly to the prolongation of the::: north line of Sylvester"Drive and the west side of Missian Trai l." Section 2: Ordinance No. 349 of the City of Elsinore, California, is hereby amended to effect .the rezoning bf the 'above described property. Section 3: The Ciay Clerk is hereby ordered and directed to certify the passage of this ordinance and to cause the same to be published in the manner provided by law. ' ADOPTED by the Mayor"and City Council and signed by the Mayor ahd attested to by the City Clerk `this 23rd, day of February, 1865.. s/Thomas C, Bartlett Mayor of the City of Elsinore ATTEST: s/ Florene Marshall City Clerk of the City of Elsinore ORDINANCE N0. 426 '/ AN ORDINANCE pF THE CITY C¢l1NCIL OF THE CITY OF ELSItJORE AUTHORIZING`A CONTRACT BETWEEN THE CITY COUNCIL AND'THE 80ARD OF. ADMINISTRATION OF THE ° CAL'I'FORNIA'STATE EMPLOYEES' RETIREMENT SYSTEM. The City_Council of the City of':Elsiinore does ordain as follows: Section.l., That a.Contract between the City Council of the City of Elsinore- and_ the Board of Administration; California State`Employees! Retirement System is lie re by authorized, a copy of said Contract being attached hereto, marked "Exhibit A,'! and by such reference made a part h©reof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said.Contract for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the-date of its adoption, and,prdor to the expiration of 30 days from the passage thereof shall be published 2Y least once 'in the Lake Elsinore Valley Sun, a newspaper of general circulation, published and circulated in the City of Elsinore and thenceforth and thereafter the same shall be in full force and effect. ADOPTED.''-,AND APPROVED tkis 26th-.day, of Aprily 1g65• s/ Thomas' G. Bartlett Mayor of`tha City of Elsinore ATTEST: ,..~. Sg[Flnr nA ~Marchall City Clerk of the City of Elsinore ~ ~ `~ '. ORDINANCE N0, 427 ~ AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA - ESTABLISHING A REIMBURSEMENT PROGRAM IN CONNECTION WITH THE CONSTRUCTION OF WATER AND SEWER LINES; AND • DECLARFNG THFS ORDINANCE TO BE AN EMERGENCY MEASURE The Playor and City Council of the CiTy of Elsinore do ordain as follows: Section l: Policy Statement and Declaration of Intent. The City of Elsinore, California, finds that the installation of water and ~~ sewer lines benefits the City as a whole, and it is, therefore, the intention of the City Council of said City to encourage and aid in the construction of _ said facilities through the establishment of a reimbursernent program. The City of .Elsinore desires to enter into a reimbursement program with a party or parties who has filed an~application for said program and who has constructed water or sewer lines that directly benefit certain other land or areas other than that owned':or controlled by the applicant in the event of the future connections of said land or areas, it being .understood that all water or sewer line construction shall comply vaith the provisions herein contained and all rules and regulations of the City of Elsinore fora person or persons to be eligiable fora reimbursement program. • Section 2: t)efinitions. (1) "Direct Connection" means the connection to a water or sewer line to the reimbursement line which does not require the extension of the reimbursement line. (2) "Indirect Connection" means the connection to the reimbursement line which requires an extensions of the reimbursement line. (3) " fnstaller" means a person or persons .who has City approval to install a re:ivmbursable water or sewer line. (4): "Reimbursement Fee" means the fee established as being the_ pro rata amount for 't he various parcels benefited to pay upon connection. (5) "Reimbursement Service Area" means the area prescribedby the engineer which is reasonably expected to require the use of-the reimbursement water .or sewer installation within a period of ten (10) years. (6) "Reimbursement Water or Sewer Line" is a public water or-sewer line installed by •a private-person or-persons for the purpose of serving his property or development and which, because of geographical ahd engineering considerations, can serve a larger area than that which is being initially'developed-by the person or persons-.installing it. (7) ''Reimbursement'Cost'! means the expenses-incurred by the installer in the construction of the vaster or sewer line, including costs 'of pipelines, sewer lines, valves, fittings, connections, structures, excavation, compacting, resurfacing, inspections, eng'ineering, rights of way, and legal costs. Section 3: Application of Insta ller. A person or persons, to be entitled to reimbursement, shall file an application to construct a reimbursable water or sewer line i.ihich shall be in the form approved by.the City Engineer and shall include: (l) Aplan showing engineering details of proposed construction. ~TI' (2) A map outlining the proposed reimbursement service area and containing all parcel with dimensions, within said service area. (3) Such other information as may be required by the City Engineer. Section 4: Approval of Application and Comp lance with City Regulations: If the City Engineer approves the plans and determines that the proposed water or sewer Dine will provide service to properties other-than those Awned and .controlled by the applicant, the applicant becomes-eligible for a.reimbursement program if lye-completes the construction i'n aocordance ~:aith this ordinance and in accordance with the di rections.of the City Engineer. Al;l Water lines or. sewer lines shall,. upon completion, become the property of the City of Elsinore, California, The installer shall comply with all ordinances and all rules and regulations of- said City. 21' Section 5: Pracudure for Establishing Reimbursement Fees. The installer-shall file a verified construction costs breakdown with the City Engineer which will be used to calculate the pro rata amounts-for the various benefited parcels to pay upon connection"with the reimbursement line. If and when a connection is made to a reimbursement line, the person or persons connecting shall pay a reimbw-sement fee. These reimbursements fees shall be deposited with. the City Treasurer of the City of Elsinore to be refunded to the installer under the ,provisions of this ordinance. Upon the recommendation of the City Engineer, the City Council may fix the reimbursement fees on a connection basis, an acreage basis, a parcel basis, a front foot basis., or upon such basis as to the City Council may appear to be fair and equitable. .Section 6: Application of Reimbursement Provision only to .Those Complying. This water and sewer reimbursement program applies only to wn installer who constructs water or'sevaer lines that vail,l provide service or will benefit property other than that owned or controlled by the installer.. The installer shall furnish to the City Engineer withiri fifteen (15) days after said lines have been. completely installed all of the inforrnation necessary to fix reimbursement costs and reimbursement fees.. Section 7: Waiver. Any person or persons who fails to comply with the provisions of this ordinance waives all rights under this reimbursement program. Section 8: Type of Pipe, Size, Material"and Other Installation Requirements. Any evater or sewer line must be of such i;ype and have such diameter as may be required by the City Engineer and Shall be installed"as directed by the City Engineer, Section g: Recovery of Reimbursement Fees by Installer. When the reimbursement value and the reimbursement fees are fixed, the City Engineer shall post these tabulations on the .map as provided under Section 3, Subsection (7_). Upon application of a person or persons in a reimbursement service area for a water_or sewer connection, the City of Elsinore shall collect the fees as r -~ posted on the ,map on file at the"City Hall.. Nothing contained herein shall I be construed as limiting the City of Elsinore from requiring;an additional ~ fee fora connection to a water or sewer line.. Funds collected by the City of Elsinore under the reimbursement fee program shall be placed in a special. segregated account for each reimbursable line .with proper identification. On July lst of each year, or as soon thereafter as may be practical, the City shall audit each account and shall return to the installer upon his written request any accumulated funds collected from the other connectors. Each accountlshall show the maximum recovery of the installer. lJh"en,this amount is collected and paid, or when ten (10) years elapses firom the date that the reimbuusable line has been installed, whichever, occurs first, all payments to the installer shall cease and all monies collected after this time shall be ,deposited in the water or sewer ,:fund. of the City of Elsinore and-shall be the property of said City. Section 10: ~~ortionment_of Reimbursement ldhen More Than One Installer: (a) Where there is a.connection to a reimbursement line and the line has been installed under more than one reimbursement proceeding, the reimbursement fee co}lected for connections to- the line shall be credited to each downstream installer in an amount proportional to the maximum amount of recovery ca~l,culated to be due each downstream installer. (b) The City shall determine the portion of the reimbursement fee to be allocated to each downstream installer as follows: the maximum amount of his recovery shall be divided by .the total maximum amount of recovery due all downstream installers. The percentage :arrived at is the percentage of the reimbursement fee due that downstream installer. (c} The City shall prepare a tabulation for each downstream installer showing the amount and the percentage of each reimbursement fee to be shared with each of the other downstream installers. (d) When an installerlreceives the maximum amount of recovery for his installation, the City shall fix a new sha"ring percentage based on the remaining balances for the ~Llrpos~ of determining allocation of reimbursement "fees to each of the remaining installers. Section 11: Partial Use by an Extension of Common Water or Sewer Line. Where an extension do the common facility is made which does not use the entire length of an installer's downstream water or sewer line, the maximum amount of recovery of the"installer for purposes of calculating the percentage.of a reimbursement charge to be shared shall be based on only that portion of the downstream lihe actually jointly used. Section 12: Payment of Reimbursement Fee a Condition to Connection. No person may connect to a reimbursement line installed under the provisions of this program unless he pays the reimbursement fee. Section 13: Cite Not Liable. The City is not:leable to any person or persons. for failure to collect reimbursement fees under this ordinance; or for failure to account for funds. collected. under same. Section 14: Recalculation of Reimbursement Values. If at any time the engineer finds that anticipated development used. to establish reimbursement values is deviatingfrom the calculations, he may recalculate new values. Hovaever, the City shall not make any adjustment for prior:collections. 2 Section 15: Appeal of City Engineer's Determinations. If a person. is dissatisfied with any determination of the City Engineer relating to reimbursement cost, reimbursement fees, or reimbursement service area, the person may appeal the determination _to the City Councia within fi#teen (15) days after receiving notice of the determination, by fi-ling written notice of appeal with the City. The appeal shall state the grounds far appeal. At a regular meeting of the City Council after the appeal is filed, the Council shall hear the appeal, .The decision of the-Council is final. Section 16: Effect of Ordinance. This ordinance does not create any right., title or interest in any property. The Council may change or repeal this ordinance or any portion thereof at any time. No property right becomes vested by operation of this ordinance and the City is not liable for any chanae or repeal of any portion of this ordinance. _ Section 17: Termination of Reimbursement Program. The reimbursement program as herein set forth shall terminate ten (10) years from the date that each reimbursable water or seeder line is installed unless sooner terminated by payment as herein provided. Section 18: This ordinance is an emergency measure designed for the protection of the public peace, health and general welfare, and shall take effect immediately upon its adoption. The facts giving rise to such an emergency are as follows:. The City has-recently installed water lines, both mineral and domestic water lines, within the City and various property ommers desire. to extend said main lines to •t heir property, and the City desires to es#ablish a reimbursement program, and the enactment of this ordinance is necessary in order for said property owners to proceed in the installation of the lines to their property at the earliest possible date. Section 19: The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be publ-fished in the manner provided by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City, Clerk this 26th day of April; 1965. s/ Thomas C, Bartlett - Mayor of the City of Elsinore ATTEST: s/ Florene Marshall City Cler!< of the City of Elsinore 2.2 ORDINANCE NO .. 4zII AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA,... AMENDING ORDINANCE N0. 409 IN REFERENCE TO CIUIL D EFENS E The Mayor and City. Council of the City of Elsincre do ordain as follows: Section l: That wherever the.. words "State of Extreme Emergency" or the words "State of Disaster" appear in said:Ordinance No. 409, said words are hereby deleted and withdrawn wherever they appear within said Ordinance. Section 2: That it is hereby enacted that the words "Local Emergency" be substituted for the words "State of Extreme Emergency" wherever such words appear in said Ordinance, and the words"Local Disaster" be substituted for 'the words "State of Disaster" wherever such words appear within said Ordinance. ..Section 3: The City Clerk is hereby ordered and directed to certify the:. passagerof this Ordinance and. to cause the. same to be published in a newspaper of general circulation within the City of Elsinore. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk thins 27th day of September, Ig65. s/ Thomas4C. Bartlett Mayor of the City of :Elsinore ATTEST: s/ Florene Marshall City Clerk of the City of Elsinore ORDINANCE N0. 42g AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA REGULATING POOLROOMS, CARD ROOMS AND. FAMILY G6ILLIARD ROOMS,-AND REPEALING ORDINANCE N0. 373 AND AMENDMENTS THERETO.. The City Council of the City of Els inore does ordain as follows:. Section l: Definitions. (a) A pool room is a place where pool, billiards, snooker or similar games are played upon tables or other apparatus, and from which-the owner or operator of such place derives a fee, rental or revenue.. (b) A card room is a place where tables or other conveniences are provided for the playing of such-games as are permitted under the provisions of Section 330 of the Penal Code of the State of California. (c) A family billiard room is a place where billiards or similar games as may be approved by the City Council are played upon tables or other apparatus, and from whd.ch the owner pr operator of such place derives a fee, rental or revenue, and in which no alcoholic beverages are sold or consumed, and wherein minors are permitted but only when satisfactorily supervised in the descretion ~ of the Elsinore Police Department. (d) A person is any individual, or combination of individuals, corporation, partnerships or organizations. Section 2: Permit Required. It shall be unlawful for any person to establish, open, operate or maintain, either as owner, agent or employee, any pool room, card room or family billiard room. as herein defined without first obtaining a permit ~'ri;re the City Council of the City of Elsinore. Section 3: Applications. Any person desiring to open, operate, or main- tain any business as herein described shall apply in writing to the Gity Council for such a permit and shall accompany said application with such fees as herein set ~~~ mm forth. Sadd,application shall give the names and addresses of .all of the owners as well as the manager or other person who is to operate said business, and shall describe .the location in which said business is to be conducted, including the filing of a plot :plan. showing the interior of said building and. the locations of all of the tables or,other apparatus:to be placed therein. Said application shall show the number of pool tables, card tables, billiard tables or other apparatus to be used. Said application shall further give the names :and addresses. of all persons who are investors or have any interest in said business. All interested persons shall :submit to a complete police checkup including fingerprinting and photography. ,The CityhManager is empowered to provide application forms .and requiring the furnishing of such addixional information as.he may deem necessary to properly administer and regulate the provisions of this ordinance. In the event that the applications is .denied, the City Clerk shall refund all of the money deposited excepting that amount determined to be the citys cost incurred in processing the application. Section 4: Special Provisions. (a) It .shall be unlawful for the permittee, his manager, agent or employee to allow any person-under the. age of twenty-one years to frequent, loaf, loiter or play any. games vaithin any pool room or card room. (b) Lt shall be unlawful to keep any pool room, :ca rd room or family billiard room opera between the hours of 2:00 o'clock a;m, and 8:00 o'clock a.m. of any day, or to .play or allow to be played any game in such place betvaeen said hours. (c) No alcoholic beverages shall-be sold,. consumed or possessed within any family billiard room. (d) No permittee of a family billiard room shall be a permittee or interested party of either a pool room or a card room, nor shall a permit 'for a family billiardlroom be granted to any person where said :building or premises leads into a card room or pool room.. (e) Any place in whcch family billiards are conducted shall be --~ visible to the sidewalk or publ-ic street adjacent thereto. ~_~ (f) It shall be unlawful to play,or allow to be .played in any card room permitted under the provisions of this ordinance any games which may. be prohibited by-the laws of the State of California. .(g) -;Not more than one permit in each category a.b:c:, Section l of this ordinance shall be granted for each one thousand bona fide residents of the City of Elsinore or fraction thereof. (h) The Council shall hear and act on all .applications +,vitMbn ninety (90) days of receipt by the City Clerk. Section 5: Non-Transferability. No permit granted hereunder shall be transferrable. Any transfer or attempted transfer of any permit granted herein ~ shall constitute grounds Sor immediate cancellation of any permit theretofore granted vdithout notice to the permittee. Alllpermits gre.nted shall-specify on the permit that the permit is non-transferrable. No perm;:.tee shall acquire any property rights 'to the permits which may-be granted hereunder. Section 6: Grounds for Denial of Permit: -The following shall be considered sufficient .grounds for the denial of a request for permit:,. (a) That the application is not in the form required by, this ordinance. (b)- The unsuitablity of ,the-proposed location :or the construction or arrangement therein. (c) That.the applicant, investor or interested party having previously had a permit for any of :the uses ..herein set forth revolted ;for any cause. (d) That the .application does not meet ~,the.~requirements as set forth in this ordinance. (e) That the granting.of the permit would be contrary to public peace and welfare, the determination of which is in the sole discretion of the @ity Council. _ ____ ___.__ _ __ _ i 222' - (f) For any !reason-deemed sufficient by the City Council. Section 7: Revocation of Permit. Any permit issued pursuant to the `'provisions of this ordinance may 6e revoked by the City Council, either wi£h or without notice.. In the event that notice is given, said notice shall notify the permittees of the hearing to be conducted before the City Council at a date and time set forth in said notice, and said notice sha 11 be mailed by the City at least ten days prior to said heariny'to the permi.ttees at their addresses shown in the application. At the time set forth in the notice, tfie pe,nmittees shall. be required to show cause .why said permit should not be revoked. .It shall be in the sole descretion of the City Council whether said permit shall be revo!<ed. The following shall be cinsidered sufficient grounds for the revocation of a permit granted under the terms of this ordinance. _ (a) Non-payment of any permit fee provided for by this ordinance or any other ordinance of the City of.Elsinore. ~(b) failure of the permittee to abide by this ordinance or any ordinances of the City of Elsinore or any amendment thereto, and to abide by any rules or regulations of the City of .Elsinore. (c) Conviction of the permittee or any of its agents or employeES for violation 'of any law which in the discretion of the City Council renders that person unfiit to continue to participate in the applicable permit. (d) Any permittee must commence operatiorn aF said business within ninety days from the granting of any permit or such time as may be specified by the City Council, and failure to do so shall be grounds for revocation of said permit. Any failure to operate The business pursuant to this ordinance for a period of thirty days shall constitute grounds for revocation of said permit. Secfioh $: Permit Fees. The permit fees to be paid to the City by the permittee to operate any business as herein set forth shall be as follows: (a) For each pool room or family billiard room having up to two tables, the permittee shall pay the sum of-$100.00 per year. 'For each additional table over tvao tables, the permittee shall pay the sum of $20.00 per year for each additional table. (b) For each card room permit, the permittee shall pay the sum. of $500.00 per year, and in addition shall pay the sum of $100.00 for each card table. No:more than eight players: may play cards at each table. All card games must be played on tables. . (c) A combined pool and card room shall require separate licenses at he:rate as above set"forth. In the event of a combination pool room and card ~" room, the pool room and card room shall .be in separate rooms 'and-only be directly connected by one door. 1 ~ All permits issued herein shall be on an annual-basis and ho permits for f;- less than one year shall be grantedr In the event-any permit is revoked or if the permittee :terminates his busihess, no'refund shall o e granted. Section 9: Penalty. Any person violating any of the 'provisions of this ! ordinance is guilty of a misdemeanor and upon conviction thereof shall, in addition to the other penalties herein provided, be punishable by a fine `not to exceed $500.00 or by imprisonment for not more than ninety days, or both such tine and imprisonment. Each day that the permittee violates any of the provisions of • this ordinance shall constitute a separate offense.' Section 10: Repeal of Ordinance. Ordiriance!No. 373-and all con- flicting ordinances of the City of Els:i.nore are hereby repealed. All prior applncations under Ordinance No. 373 are hereby nullified. Section 11: Certification. The City Clerk-is hereby ordered and directed to certify the passage of this ordinance and to cause the same. to be` published in a newspaper of general circulation vaithin the City ofElsinore. ADOPTED by the City Council and signed by the Mayor and attested to by the City Cler!c this 8th day of November, 1965• s/ Thomas C. 6artlett Mayor.ofi the City of Elsinore. ATTEST: s/ Florene Marshall City Clerk of the City of Elsinore-