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HomeMy WebLinkAboutOrd. Nos 1967-438-452230 ORDINANCE N0. 438 ', AN ORDINANCE OF THECITY OF-ELSCNORE, CALIFORNIA- REGULATING,SOLIGtTAT10N5 FOR CNARITABLE PATRIOTIC, PHILANTHROPIC AND RELLGIOUS:PURBOSES,,:AND:REGULAT- ING CONMERCIAC SOLICITIORS AND PEDDLERS. The City Council>of the.City of Elsinore does ordain as-follows: Section l: ,Definitions.: Unl-ess it:is apparent from the context that another meaning is intended, the following words, when used he reinishall have the meaning ascribed to4them,by.this section; (a) "Charity"'.or,Chari able"' shat}: mean any 'charitable, 6" :` patriotic, religious, philanthropic,:-benevolent or:fraternal person, or any branch .or subsidiary xhereof. (b) '!Person" shall mean anrindividual,.group, firm; co- -partner.shi;p, corporation, company;::association, church,:religioas .-(Sect, reli,gipus denomination, scSciety, organ}nation or>league. {c) "Solicit" or "Soli-ciaation" shat mean #o:teyuest;+directly or indirecbly,:money,:property;in¢luding:disea'rde® household furnish- i.ngs,.newspaper,!magazines, castoff materials; or financial assistance of_any.kind"a ncluding donations,-or pledges of donations„or-to sell, to offer for sale or to exhibi# anything or object whatever to daiae money, including any article, tag, service, emblem publication, ticket, .....:advertisement or ;subscription; or to secure or=attempt to-secure money or donations:or other property byrpromoti:ng any bazaar, sale,"'dance, card party`supper.or entertai-nment;:whether any%of uch acts occur on the streets, in any office or public bui'Pding, by house-to-house `canvass, or in any public or private place, by personal solicitation. Section 2: Permit°Required.. : >It shall be unlawful:for any person without first having applied for:and received a permit from the Chief `of Police, as provided in this chapter',: to make any appeal to the public.foria than} y, charitable or:religious:-purpose, ei her by soliciting or coll;ectiort!gifts, contributi'.ons,: donations „or subscriptions:or by<;promoting or conducting :.any sale, ;bazaar or exhibition or by other means-whatsoever at any place or to any person in the 'city. Section 3: :.Application fors Permit. Any person desiring to do any of the acts mentioned in Sections 1 or:2 shat,l file an_applicat-ion:with the Chief of Bolice..` Said application 'shawl set forth the fol owing information: - (1) Name and address of the applicant and whether or not the applicant is affiliated wLtH orcwonking for any 'other organization than 3he'one for:whick this soli:citation is.!iniended. (2) :Location and address of-'national,' tate and local headquarters, if any. ~ _.. (3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the work. (4) The exact purpose for which the proceeds of:the'soi'icitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, enter- ' tainment or other enterprise or any parf tti'ereof, are to-be used, in- cluding the manner in which, and the amount of any compensation in- tended to be.paid to any person, firm, association or corporation out of such proceeds. (5) A financiaa statement for the last preceding fiscal year of any funds collected in this City or Else-where for charitable purposes by the applicant, giving the amount of money so raised, the cost of raising it and the final distribution thereof. In addition, if ahe applicant conducted a solicitation in this city at any time during the preceding twelve months, a separate financial statement of any funds collected thereby shall be submitted containing information c showing the amount of money so raised, the cost of raising it and the final dt=stribution thereof. _:# 23~' ''. (6) A full statement of the general character and extent of .the charitable work being done or to be done by the applicant showing how much:..thereof is-being, done: or js to be done within-the;C;ity (7). A statement that-the actual cost: of the solicitation-will not exceed twenty:percenb;(2Q'/o) of thetotal-amount to be raised.'. (8) The tota,i amount,which,is sought-to,be .raised. (9) The bank or place where all or any part of the funds raised. by-.such activity will be p aced on deposit or-,invested. (10) What records of ¢unds received will be kept .and where, and that such activity will be ppenato;theapublpc.:r . (11),A statement to the effect thatzif a permit s granted it will notbe used or represented. in any way as an endorsement, of the solicitation or person by the City or by any department;, committee, officer,or employee thereof. !: (12) A, statement to the effect: that if a permit is granted,,, no person ;.under the :,age. of sixteen!(16) years will-be permitted to solicit money. (13) The time when such solicitation will be made, giving the date .preferred by the applicant for the beginning and ending of such:solicitation. (i;4) Whether or not the-uniform or identifi motion worn or carried .resembles;-that of,-any other group in this: area conducting a;.similar type of activity:, (15) Such other information in respect to the character and past r and:.proposed activity of the applicant and the parties;;directly;in- terested In or engaged im the, work as may-be necessary, o enable the . .Chief of Police to make a-full and complete investigation. (16) A statement that if a permt_is>granted, no solicitation will be conducted in any residential area of the City at a time other than between IO:OO.A,M.:and 8:00 P,M. of the same: day,. with no solicitations on Sundays before-.12;00 noon. Section 4: ,; Permit.Granting or Denying. The Chief of Police, shall issue the .permit applied. for whenever he,shall,find thefollowing facts to exist; ;, (a) That all ,of the statements made in the .application are true. (b) That the .applicant, or if the applicant is not ;an individual person, then its managing officers and managing agents, 'be of-:good character and reputation for honesty and integrity. (c) That the control and supervision of the solicitatioh will be under responsible and reliable persons. (d) That the applicant has not engaged in any fraudulent transaction or :enterprise. (e) That the-solicfi ation will not;be a fraud on the public. (f) That the solicittation is, ,prompted soleJ'.y by a•desire to finance the charitable. cause described in the application, and will not be ,conducted, for ,private ,p;rofit.- (g) That the aost:of raising;;the funds will be ,reasonable. Any such.cost,;i;n excess of twenty percent (20%) of„the amount col ected shall be considered to :be..unreasonable. ,; 4h ), That the, kind,,charactet and method of he pCOposed solicitation, .the>time when it wi,-11 take; place, ;and its duration, are such that the solicitat,ioh will ;be in the interest of and not inimical-to the safety convenience or we1Fa-re of, he inhabitants of the Ci-ty. (i) That the applicant is acting in good,fa;ith.. (j) As a .condirSi:on to, _g ranting such permit ahe Chief of Police may require the applicant to -£ige a bond with: :,the City Treasurer in the sum of $1,000.00 iri,a form approved by the City Attorney and condi-tinned that 23,2:; if the principal thereof shall :fail'to devote, pay'or use the entire proceeds or the percentage thereof specified in the appli w tion, de- rived'from the activity mentioned>in the-application to the person, firm, association or corporation for or on whose-account or benefit such activity was conducted or carried on, then the surety will pay the same to-such person,'f'irm, association oY corporation;-to the amount of such bond. (k) When the•applica#ion is approved, a permit shall be,issued for such period of time as the applicant may request, however, provided that no permit sha11 be valid fora period of more than six (6) months from the date of issuance. -- -- Should the Chief of'PO1ice,"after a=complete investigation of the applicant-and of the ''representations•contajined in the-application, be `of the opinion that the applicant:has not stated-true facts in his application, or that if a permit should be granted to the`applicant, a fraud in all probability would be perpetrated upon the public,. the said Chief of Police may refuse to issue a-'permit-to'such applicant. Any'appilcant"denied a permit=by'the Chief'of'Po1ice"`may appeal said denial to the City Council. Sect:i:ont 5s .: Excepti:op; ?~; :. No permit shall lie required=for the solicitation of gifts, con- - tributions,-donations or'subscriptions or'the"promotion of any bazaar, sale, or exhibition or other actc.of to the public for-'a'tharity made by the members of any religious or charitable organization (or by the members of'any iegal saccessor to any such organization) which has. been inexistence in,-and which'-regdlarly has'mai'ntained headquarters or a place of 'worship-in the'City of Elsinore for a-period'of'at least five -years next preceding the date bn which such activity "shall be begun. ~ 2 Section'6: Commercial Permit. - _. - (1) Except for manufacturers'or wholesalers w lung upon ~ wholesale or retail outlets-and except for"charitable and rekigious u-.. solicitors regulated by other provisions of this chapter and regard- -.: less of whether or not any ..person may be-exempt from ttie payment of a G business license tax by reason of being engaged in interstate commerce or-other-wise, every person engaged in the 'business of selling or solicition orders for the`sale of any goods, wares or merchandise, magazines, papers (except regularly published newspapers), periodicals, j - •or-anyother form of occupation~brbusiness involving canvassing and 'j soliciting from house-to-house or place-to-place, or upon the streets ~ and public plaees•within the City; shall'in addition to paying any business f °license tax-`and'-before engaging in !such business or occupation,'-make G application to the Police'Department and obtain a permit`#o engage in:; ~ said activity. (2) :Said application shall be made on forms provided 'by the Police Department and may include the .following information: (a) Full name of the applicant and name of his employer. •-. {b)' Permanent address of applicant and his employer. -(c) Locaf -termporary address, itf any. (d) General description of and information concerning the applicant and his employer in such detail as the Police Department;may require including fingerprints; recent pictures of applicant and in#ormation concerning criminal ionvi'ctioas of the applicant or his employer•other than convictions for traffic offenses. - (3) Within>ten days after the filing !of the completed application -forms with the Police Department,'-the Chief of Police shall grant or deny the issuance of~a permit to engage'in said activity. Any applicant denied a permit by tike Chief of-Police may-appeal said denial to the City Council. Section 7: Revocation. A permit issued under Section 6 may be-.suspended or. revoked by the City 'Council or the Chief of Police if any one of the following events :occur, which event''aonstitutes a violation of 'this chapter. 2re~e7 _~ 1. The permittee ig;found to, have placed false or misleading information on his application. 2. The permittee engages in the door-to-door activify authorized by his permit in the residential, areas of he City at a, time other than between the hours of 9:00 A,M. and 8t 00 P,M: on any day except Sunday and at any time except between. the houre of 12:00 noon and „8:00 P.M,:on Sundays. 3. .When requested,to do so by the occupant of a residence, the permittee refuses to forthwith .leave the residence. 4. The sales promotion includes some element of trickery, fraud,. or deceit. No new permit :may_be issued until the permittee or his employer has,gi,ven satisfactory :evidence of his intent to comply with the provisions of this chapter. .,Any permittee whose permit has been .revoked by the. Chief of Police..- . may-appeal such revocation to the, City Council. Section 8: Waiver. of Permit. If the Chief of Police or the City,Council,determines that the j3ublic safety and protection will, not be adversely affected and if the business concern has presented sufficient evidence of reliabliity, the Chief of Police or the City .Council may waive the permit required by Section 6 for those copceras-falling within any of--the following classifications: (a) -The business concern has a permanent fixed place of business within the City of Elsinore. (b) .The business concern has a permanent fixed place of business outside the City and has been doing regular retail selling in the City fora period of at least one year. (c) The business concern has a permanent fixed place of business inside or outside the-City ,and is involved in the business of selling food products along regular retail routes. Section 9: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Lake Elsinore Valley &un. This ordinance shall become effective on the 30th day after the date of its adoption. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 23rd day of January, 1967. 234 ORDINANCE N0 439 ' AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA, 'REZUNIN6 CERTAIN REAL PROPERTY 'FROM ITS 'PRESENT' ZONE OF R-3 (MULTIPLE-FAMILY RESIbENCE bl'STRLCT): TO'C-1_(LIMITED COMMERCIAL D1'STRICT). The Mayor and the City Council of the City of Elsi'ri'ore do ordain as follows: Section l: ?he following described property located in the 'City of Elsinore, California, is removed from itS presenf'd'istrict;-and is hereby re- zoned to C-1 (Limited Commercial District); that the property which is rezoned is that certain real property located Yn the City-of Elsinore, County of Riverside, State of California, more particularly described as foilows:' "Lots 10 'and il, Bl'ock 9, 'and Lots 'l0 and Il, 'Block TO'of'Lake Shore DriJe Addition''to Elsinore." Section 2: No building or structure shall be constructed, erected or maintained upon any of the above 'described property whicH may be`below the elevation of 1265 foot sea~level'unless application is made to the Lity Council for the construction, erection or maintenance of any building which may. be below the elevation of 1265 foot sea level; provided furEher,' that 'before any approval may be granted by said City Council for said building or structure, the approval of 'the Riverside"County Flood Control Engineer and 'the City `Engineer of the City of Elsinore-must be`first obtaihedr Section 3: Ordinance No: 349 of the CiEy of Elsinore, Califoria is hereby amehded ta'effect the 'rezoning bf the above described property. Section 4: The City Clerk is hereby ordered and directed to certify the passage'ofi~the'ordinahce'and cause the'same to'be published'in the manner provided by Taw. ADOPTED by the Mayor and''City Council and signed b"y the'Mayor and attested to by the City Clerk'this'23''day of'January, 1967.` ' _s1 T: R. Yarboroucah Mayor of the City of Eisihore i ~ ATTEST: s/Florene Marshall City Clerk of the City of Elsinore J ORDINANCE N0. 440 AN'0'RDINANCE OF THE CITY OF ELSINORE, CALIFORNIA., GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS A FRANCHISE TO USE AND TO CONSTRUCT AND USE, OPERATE AND MAINTAIN AN ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEM CONSISTING OF POLES, WIRES, CONDUITS AND OTHER APPURTENANCES FOR THE PURPOSE OF CONDUCTING, TRASMITTING AND DISTRIBUTING ELECTRICITY AND ELECTRIC ENERGY FOR HEAT AND POWER PURPOSES AND FOR ANY AND ALL' PURPOSES OTHER THAN THOSE AUTHORIZED UNDER A CONSTITUTIONAL FRANCHISE IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ELSINORE, STATE OF CALIFORNIA TOGETHER WITH THE RIGHT TO USE, CONSTRUCT AND USE, OPERATE AND MAINTAIN A COMMUNICATfON SYSTEM IN CONNECTION WITH THE OPERATION OF THE ELECTRICAL SYSTEM OF THE GRANTEE. The City Council of-;the.Cbt~± of Elsinore does ordain as follows: Section l: Whenever in this ordinance the words or phrases hereinafter in tf~is section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given in- stance, the context wherein they are used shall clearly import a different meaning): (a) The-word "grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted end its lawful successors or assigns: (b) The word "City" shall mean The City of Elsinore, a municipal corporation of the State of California, in its present incorporated i~: l_._l ~.~~~~ 2 3 form or in any later reorganized, consolidated, enlarged or rein- corporated form: (c) The word "streets",shall mean the.public streets, ways,. alleys, and places as the same now or'may hereafter exist within said City:. (d) The phrase "poles, wires, conduits, and appurtenahces" shall mean poles,_towers; supports;'wires; conductors, cables, guys, stubs, platforms, crossarms, braces, transformers,'insulator, conduits, ducts, vaults, man- holes, meters, cut-outs, switches, communi w tion circuits, appliances, at- tachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets<of said City, and used or useful,. directly or .indirectly, for the purpose of transmitting or dis- trubuting electricity: (e) The phrase "construct and use" shall mean to lay; construct, erect, install, operate, maintain, use, repair, replace or relocate: (f) The phrase'"cons titution.~l" franchise" shall mean the right acquired through acceptance by the grantee, or its predecessors in estate, of the offer contained in the provisions of Section 19 of Article Xl of ahe Con- stitution of the State of California., es said section 'existed prior to its amendment on October 10, 1911, and now owned by the grantee. Section 2: The franchise to use and to construct and use, for transmitting and distrubuting electricity for any and all purposes other than those authorized by a constitutional franchise, poles, wires, conduits, and appurtenances, including communication circuits, necessary or proper therefor in, along, across, upon, over and under the'streets within the City of Elsinore,,is hereby granted to Southern California Edison Company,'. its lawful successors and assigns, under and in accordance with. the provisions of the"..Franchise Act of 1937.. Section 3: Said franchise•shaii be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities CommissioK of the State of California, the same"shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or ~ public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property ~j actually used and useful in""the exercise of said franchise and situate within the' territorial`limits of the 5tate;.municipal or pub lic corporation purchasing or condemning such'property,`or until said franchise shall'be forfeited for non- compliance with its terms by the grantee. Section 4: This franchise is'complementary to said constitutional franchise and the grantee of this franchise,•during the life thereof, shall pay to said City a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of tfie'grantee~arising firom the use; operation or possession of said franchise; provided however, that sych payment shall in no event be less than the sum which shall be equivalent to one-half percent ('-z%) of the gross annual receipts derived. by the grantee from the sale of electricity within the .limits of said City under both said electrical franchises.' Sectfion y. The grantee shall'fi1e with the City Glerk of said City, within: three (3) months after the'expirat-ion of the calendar year, or fractional calendar year, following the date of the 'granting of ,-this franchise, and wi-thin three (3') months after the expiration of each calendar year`thereafter, a verified statement showing in detail the total gross receipts'of said grantee derived during"the preceding calenar year, or•such fractional ca erdar year, from the sale of electricity within the limits of said City.. The. grantee shall pay to said City within fifteen (15) days after the`time for filing: said'statement, in lawful mohey of the United States', the aforesaid percehtage'of its gross 7eceipts'for the calendar year, or fractional calendar year, covered by said statement. Any neglect,.omission or refusal fly said grantee to file-said 4erifie8 statement, or to pay said' percentage at 'the'times'or-in the'manher hereinbefore provided; sha l'1 constitute grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. .Section 6: This ordinance shall become effective thirty (30) days after its final passage., unless suspended by referendum petition filed as provided by law. f Section 7;-- The-grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for ::all `pub'lication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. Section i3: The Franchise granted hereby shall not become effective until _ _ 23~ written acceptance thereof'shall have been filed by the grantee with the City Clerk of said City. Section 9: The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Elsinore Leader Press, a news- paper of general circulation published and circulated in. said City. First read at a regular meeting of the City Council of said City,,held on the 13th.. day of March, 1967, and finally adopted and ordered published at a regular meeting of said City Council.held.on the ,27th day of March, -1967, by the following ,vote: AYES: .Councilmen Berry, Bittie, Yarborough NOES: Councilmen Carter, DePasquale ABSENT: None ATTEST• s/Florene Marshall City Clerk of the City of Elsinore s/T.R. Yarborouoh Mayor of, he Eity,of Elsinore .ORDINANCE N0. 441 /- AN ORDINANC~,OF THE CITY OF ELSINORE, CALIFORNIA, REZONING CERTAIN REAL PROPERTY FROM ITS PRESENT .ZONE OF R-1 (SINGLE-FAMILY RESIDENCE DISTRICT) - TO C-;1 (LJMlTED COMMERCIAL DISTRICT).,. _ ,. The Mayor and the City`Council.of the City of Elsinore do ordain as follows: .Section. l; The following described, property ,located in the City of :Elsinore, California; is removed from its present district, as R-7 (Single- _' Family Residence District), and is hereby rezoned. to C-l (Limited Commercial ' District); that the property which is rezoned is that certain real property located in the City of Elsinore, County,of,RiverSide, State of .California, and more particularly described as follows: ~' "Beginning,at the northeast corner of Malaga Road and < Mission Trai1,.N 19° 32';w 1317.87 ft.,,thence N 890, 1:9' 20" E 880.33 ft; .thence S 42° 24' E 992.24 ft. along the westerly boundary to Highway No. 71; thence 5..1.40 40' W 43.49 fit; thence S 670 W 1186.40 ft. to the ` ,point. of beginning..'% ~~~ Section 2; No building or structure shall be-constructed, erected or maintained upon any of the above described property which may- be below the elevation of 1265 foot sea level unless application;is made to the City,Council for-the construction, erection or maintenance of any building which may be ." below the elevation of 1265 fool sea level; provided,,further,,that before any-approval may be, granted by said .City Council for said building or structure, r` the approval.of the Riverside County Flood Control_Enginee r and, the City Engineer of the City of Elsinore must be first obtained. , Section, 3: Ordinance No. 349 of the City of Elsinore, California, is hereby amended. to effect the rezoning of the above described property. - r Sect~i;on 4: The City Clerk is hereby ordered and directed to-certify the, I passage of the ordfinance and cause ;the same. to be published. in the manner ! provided by ,law. ADOPTED by the Mayor and the City Council and signed by the Mayor ~' ahd attested to by the City,Clerk this 27th day of March,,1967., '_ -~/ T. R_.Yarborougb, Mayor of the City. ;of Elsinore ~' ATTEST: ~' e~Flnrenn M~r~al l City Clerk of-the City-of Elsinore t _ ''1 computing required loading space. {d) Avtoriidb'i'le storage'spa'ce-shail be provided`at-the time'of the erection of=any"main building or structure or at the time•any main ' buil,ding.or structure is enlarged or a ncreased in capacity, or any .space , is used`or, occup'ied'for commercial-purposes as fol-lows: (1)~"'For hotels, motels, aatomobi'le'courts, clubs, `at least one ..such storage space for .each guest room or apartment. (2) For churches, auditoriums, theaters, stadiums, night. clubs, c3 ` ORDINANCE N0, 442 ~ ~N ORDINANCE OF THE CITY OF'ELSINORE,`CALIFORNIA, AMENDING`A PORTION OF ORDINANCE N0. 349 BY THE CREATION.OF A NEW.ZONING bISTRICT OR ZONE: PROVIDING FOR REQUI'REMENTS'IN SAID-DISTRICT OR .ZONE AND RENUMBERING OTHER SECTIONS OF SAID ORDINANCE. T_he Mayor and the City Council of the City of Elsinore, California, do ' ordain as follows: Section 1: Section 3 of Ordinance No. 349"is hereby amended by adding thereto a new dis't`rict or zone to be known as "C-P (Commercial Park District)." Section 2: Sections No. 13, 74, 15, 16 17, J8, 19, 20, 21, 22, 23, 24, 25, of Ordinance No. 349 are hereby amended by renumbering said sections, but preserving the provisions therein cont8ined, be renumbered to'be Sections No. 14, 15> 16, 17, 18, 19, 20, 21, 22, 23;,24, 25, and 26, respectively. Section 3: Ordinance No. 349. is hereby amended by adding thereto to be known as Section 13> to read as fo'llows:' Section 13: C=P Commercial Park District. (1) Intent and Purpose. There exists within the City certain Jarge parcels of land which are susceptible to being developed for, multiple types of commercial uses as a whole and in which it is advisable and'desirable'thaf the project'be developed as whole with multiple commercial uses and in which pr=ivate street outlays, buildings,. parkways, and other types of developments should be provided. including off-street jparking, ' (2) Uses Permitted, A.11 uses permitted in, the C (Neighborhood. Commercial District), Ccl (Limited Commercial District), and'C-2, (General'Commercial District). (3) Off-Street Parking and Site Development Requirements'. Before any` building or structure hereafter constructed, erected or maintained and before any building'permit shall issue within this district or zone,,a plot plain showing the `location'of any'and a'lt'proposed buildings and developments,"in- cluding streets, alleys; parkways;'and other types of`developments,-shall'be submitted to the Planning ,Commission. Said plot plan shall show that the develop: ment wi 11 conform' w'i`th the 'fol"lowing mi`nfimums5,tandar`ds: ' (a) .Provide off-street automobile storage space on the same or,adjacent lot or: parcel"of land''as' the building (s) it is intended to 'serve. Such tr autoroobi'le space shal'1'be, graded and~surface8 with cement or blacktdp so'as? > to provide proper drainage and to prevent .dust arising therefrom, and shells have an area'at'leasf'four times as `large as`the f oor"area 'us'ed for commercial pvnposes, and shall;lie readily acces'Sible to'passenger automobiles. In no' event `s hal'I any use'be. es'tablish'ed in Zone, G=P which provides less than one thousand (1000) 'square'.`feef of `such automobi le• storage space, exclusive of 'drveways'and turn`i'ng "area's. Two 'or more commercial uses may=cooperate in the provision of automobile storage space required by this section, pro- vided th'e °nEeai`est boundary of` such storage space 7s'not more than three ' hundYed. (300)'`feetfrom any such"comme'rcial use it Ps intended to serve. (b) Provide adequate loading space or private property` for standing, ` and, for load;in,g and'unloading'servicefor any commercial use involving the receipt dr d''i'stri'buYion' by veh'i~'les'of materials or"merchandise. ``-$vch loading'spa'ce''shall'(e nf`sueli size,and so iaca'ted'and designed as to avoid undue interference with the use of public streets and alleys, and shall be graded and"cement or blacktop surfaced to'prov'ide proper drainage and prevent dusY'arisn'g"' therefro'm.' ~' {c) Provide adequate off-street automobile storage space for places of pub''lic assembYy,•loca'ted within the C-(? Zone, as may be required by the .Planniilg'Gommi'ssion. Off-street automobile storage space suitably located contiguous'to the use'it''is'designed to serve may be i`ncl'uded in 23 dance halls, and other places of public assembly one such space 'for each three. (3)•seats, one'seat hereby 'defined as an area of Severn .and one-half (7 i5) square feet in the.main.,room:or place of assembly. -(3) Hospitals, sanitariums, rest homes, one 'such space for each bed. (4) Stores, shops and other commercial uses under 2,000 square feet in area; one such .space per 250 feet.of floor space. (5) Stores, shops and other commercial uses 2,00 square feet or over in area, one such space per 150 square feet of floor space. (6) Offices, governmental agencies, one such storage space per 250 square feet of floor space. (7) Industrial uses,`one such storage space for each 2 emplyoees. (8) Automobile storage space shall be developed in. such. manner as not to be detrimental to surrounding p'roperties;'if it adjbins' property zone R-l, R-2, R-3, a so lid fence wall or approved"screen planting shall be installed. in such manner as to. preclude, any view of the storage space from said residential zone. (e) Proper ingress and egress locations shall be clearly defined on the plot p an to minimize interference with the. flow. of prevailing traffic. _. . (f) Planting of trees and appropriate plants in`the C=P Zoned'. parcels shall be reviewed by the PTanning Director. ' (g). Appurtenance on light standards lighting 'the directed and adjusted in such a manner that 'the light shine on adjoining properties.. (4) Ho building shall exceed thirty-five ,(35) feet rn stories without approval of the Planning Commission; except heating or cooling appurtenances, chimneys or other service. (5) Yard requirements. - fromt, rear, side -shall 6e Planning Commission based on the plot plan presented. grounds shall; be. beams will nbt ~r more than 2 elevator shafts, , rendering structures. determined by the (6) ,The Planning Commission shall have the right to make such changes as it, deems advisable for the proper development of skid groject within said zone and f said Planning Commission. makes-any reNi`sions, a, revised plot. plan sha ll be submitted showing all buildings structures, and other developments within sa,idp;roject area. I-f the. Planning„Commission approves a p"lot plan, the entire .plan is then to be submitted to the City Council. for i s approval or rejection or, modification. No building permit shall issue for any, building or structure until the approval of the City Council has first been obtained. (7) No building permit shall issue for any building or structure norc sha 1J said Planning Commission nor City Council allow any .building or structure to be constructed upon any premises within said project, which is Below the 1265: foot, elevation,. ; , Section 4: The property which is hereby placed within C-P District or the City of Elsinore, Califronia, and more ;particularly described as follows: Commonly known as Lakeview Hotel situated at the south- . west corner of Spring S Limited. (map and legal od file in the City Clerks office). Section 5: The City Clerk of said city shall, cause ,this ordinance, as amended, to be published once within fifteen (J 5) days after its passage and adoption, in the Elsinore Leader-Press, a newspaper~of general circulation, published and circulated in the-City of Elsinore. Section 6: This ordinance shall become effective thirty (30) days after its ,passage.. This ordinance,: as amended, was introduced at a regu ar meeting of the City Council of the City of Elsinore on the 10th day of April, 1967, and was passed and adopted at,a.regular meeting of said Council on the 24th ,day of April, 1967, by "the .following vote: I' 2~3 ii i. i, ATTEST: AYES: Councilmen Battle, Carter, DePasquale, Yarborough NOES: None_.' :-r~ , ABSENT: Councilmen.Berry Signed and attested this 25th day of April, 1967. -s/T: R. Yarborough Mayor of the City of Elsinore, s/Florene Marshall -_ City Clerk of the City of E17s'inore (# 443 Dead= Number:)- ORDINANCE N0. 444 AN ORDINANCE OF THE CITY dF~ ELSiNORE, CALIFORNIA; REZONING CERTAIN REAL PROPERTY FROM.. ITS PRESENT:ZONE OF R-3-.(MULTIPLE ;FAMILY RfS1DENCE DISTRICT) TO,C-P (COMMERCIAL;: PARK DJSTRICT) The Mayor and -the City Council,of,the Gity of Elsinore, California, do ordain as follows; { SECTION l: The following described property located in the:City of Elsinore, California, is removed from its present district as R-3 (Multiple.-Family Residence District), and is hereby rezoned to CrP (Commercial, Park Dis ric#); that the property which is rezoned is alt that certain r.-eal property which is located in the City of Elsinore„ County of;Rivers;ide, S ate; of California; more particularly described as :follows: "Lots 1 to ll, inclusiue,:of.Country Club_IHeights.Unit No. 11 ` , as shown by Map on file in Book 14 Page 15 of Maps, Riverside 1 .County .Records;; the, East :half of-Lot 25 :and ;a 19 of Lot 26 of j Country Club Height;,No. }0, as •shown by:map on.file iri;Book 13-page 71pf Mapa, RiverS~ide,County Records, and; Lots~65, 66;;67, 68.; and 69of Country Club Heights,llnit,:No. 14, as ..,_ ~ shown by map on file in book 14 page 66 of Maps, Riverside ,-?1 County Records." -., SECTION 2: Ordinance No. 349 of the City of Elsinore, California, is hereby amended to effect the.reaon~i>ng of the,aboye entitled property. SECTION 3: The City Clerk of the City of Elsinore, California, is hereby ordered',to certify the,passage,of the ordinance an¢„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 Clay C1erK this 26th day of June, ,1967. _ _, ;~ i s/ T. R. Yarborough Mayor. of, he City.of Elsinore ATTEST . s/ Florene Marshall City Clerk of; the City of Elsanore 2~Q ORDINANCE N0. 445 AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA AMENDING A PORTION -0F ORDINANCE N0. 349 BY THE - CREATION OF A NEW ZONING DISTRICT OR ZONE; PROVID- ING FOR SAID REQUIREMENTS IN SAID ZONE'AND PLACING SAID PROPERTY THEREIN AND RENUMBERING OTHER SECTtFONS OF SAID ORDINANCE The Mayor and the City Council a5f the City of Elsinore; California, do ordain: SECTION. 1: Section.3 of.Ordi•nance No. 349 is hereby amended by adding thereto a new district or zone to be known as "R-Recreational District.". SECTION 2: Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of Ordinance No. 349 are hereby amended by renumbering said sections, but preserving the provisions therein contained. Said sections shall be renumbered 14, 15, 16, 17, 18, 19, 20, 21, 22, 23;.24, 25, and 26, respectively, of Ordinance No. 349, but preserving the provisions and the contents thereof. _ SECTION 3: Ordinance No. 349 is hereby amended by adding thereto a new section to be known as Section 13, to read as follows; "SECTION 13. RECRE4TIONAL DISTRICT. i 1. Intent and Purpose. There are some areas of the City which; gander presena conditions, er:e'not suited for permanent occupancy or residence by persons or property for the reason That they are subject to periodical flooding an8 otheh hazards. These-lands pertain to property below the 1265 foot sea level which may be-subject to flood waters.' Thereforey for the public safety and interest, health, comfort, convenience;' preservation of the public peace, order and the public welfare, ^~the.City Council does hereby create a zone'ciassification within ,; ';: ;;;yahikh !illshala 13e unlawful toieeedt pt,~ma3ntean~~pl:aces for humane occupancy:!or,for other uses not specifically granted herein. 2, -Uses Permitted. As to all lands within this district or zone, which is below 1265 foot sea level elevation, may only be used for the tfollowing purposes and upon the conditions as hereinafter set forth: - --(a) Nurseries, botanical gardens, greenhou ea, orchards the raising of Meld crops-and trees, berry and'bnsh crops, - vegetables, flower and herb-gardening and livestock raising. Sub3ect to'Sectom 5~ (A) 2 agricultural and horitcultural uses. (b) Camp grounds, picnic grounds, riding and hiYd:ng trails, stables, and ridipg academies. (e) Airp~ s, golf courses, boating marinas and fishing facilities. (d) S' 'lar uses listed above, which,-'in the opinion=of the'" Planning ommission, would not be detrimental or incompatible with the in nt and purpose, as above set forth. 3. Before any building peranit may-issued--for the construction of= any structure. in connection with the purposes permitted, the property owners shall file, with the City Planning Cormnission, a plot plan showing the~type_of,structure to be constructed upon the property 'and-the use for which said structure shall be utilized, as above set forth. In addition, the property owner or owners shall enter into an agreement with the City in which the owner or owners shall agree to hold the City harmless from any liabilities, c ;z~ , damages or any nature or kind which might result in any damages to any person or property by virtue of the erection of said structure. Said agreement shall provide that said.. property owner shall. assume any and all liabilities in connection therewith and said agreement shall be executed in a form approved by the City Attorney of the City of Elsinore. Said agreement shall be recorded at the expense of the property owner and any title reports necessary to effect the foregoing provisions shall be supplied to the City Attorney in advance so that the recordation of said agreement will be binding upon not only the property owners but any lien holders or their successors or assigns. !:. As to all lands or property above the 1265 foot sea level elevation, which may be in this district or zone, and the property owner desires to;pizt aid property to uses other - than those specified in Sub-Section 2 of Section_13, said property owner may make .application for a conditional exception in accordance with Section 16 of this Ordinance " and may be granted a conditional use for other purposes other than the purposes set forth in Sub-Section 2 of Section 13 of this ordinance. 5. Before any building permit shall issue or any conditional use .permit be granted, as herein contained, the City Engineer of the City. of Elsinore, California, shall first approve;ar{y and all permits or any proposed conditional exception or use. 6. The property located in the City of Elsinore, California, which is hereby placed in the Recreational District as herein provided is all that real propery located in the City of Elsinore, -0ounty of Riverside, State of California, and more particularly described as follows.: All properties in the city limits within .the immediate vicinity of Iake Elsinore below 1265 foot above mean sea level elevation as designated on map in the City Clerks files. SECTION 4: ,The City. Clerk of said City shall cause this ordinance, as amended to be published once within fifteen {15} days after its passage and .adoption, in the Iake Elsinore Valley Sun, a newspaper of general circulation published and circulated in said City. SECTION $: This ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. This ordinance, as amended, was introduced at a geegular meeting of the City Council of the City of Elsinore on the 12th day of June, 1967 and finally passed and adopted at a regular meetingr:flfsaid City Council on the 26th day of June, 1967, by the ~I following vote: ' AYES: Councilman Berry, Bittle, DePasquale, Yarborough . NOES° Councilman Carter ABSENP: None . .Signed and attested this 27th day of June, 1967 . r_ s/T. R. Yarborough. ', ;Mayor o ; :City o E sinore s s/ Florene Marshall .City Clerk o the City o Elsinore " __ ~~~~ ~X,. is ~+ __ _ .. _ ORDINANCE N0. 446 AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA AMENDING SECTION B-OF ARTICLES AE :ORDINANCE N0. 361 OF-THE CTTY OF.ELSINORE, PERTAINING-TO SEWER: SERVICE FEES.: `. _` The Mayor arid'City Cousicil of the. City of Elsinore California, do ordain as follows: SECTION 1: Section 1 of Ordinance 361 is hereby amended by repealing its present provisions and:by enacting the-'following pro- visions'as here-and after, provided. SECTION 2: Section B of Article 5 of Ordinance 361 shall read as:`follows: gARTICLE 5 B. - 1. :Single. Family -Residences: Foreach "singlefamit~y~residence.there shall be a sewer charge 'of -$1.25 per month.- ~';- 2. Multiple Family Residences: -For each duplex, triplex or apartment ender one roof - there shall be levied'a charge of $1,25-for each unit per ' I months 3. Auto Courts and Similar Operations: iii For each unit within an auto court, motel, or similar use. classification, and when under one:ownership.~.the ^ monthly service charge shall be of $1.25 for one unit, and the additional units shall each .pay the sum .of $1.00. 4. Hotels.; _ For hotels, where there are no kitchen facilities in the hotel rooms, the monthly sewer charge shall be $1.50 per,; ' month, plus $ .50 for each hotel room used for: human. ~.-... ~,-. occupancy. In hotels where there are kitchen facilities in ~., the rooms rented, the monthly sewer charge shall.be $1.25 per month, plus $1.00 for each hotel room used for human occupancy in which there are kitchen facilities. '- 5. Condominiums: ; For condominiums and cooperatives where the occupants are the owners of the unit which they occupy, the monthly 'service charge for each unit shall be $1.00 per month. ;: 6. Commercial Use: For each commercial unit .there shall be a monthly sewer charge of $1.25'per month, together with an additional charge ~' of $ .02 for each 100 cabin foot of water in excess of 1,000 - E h cubic feet. _: _ 7. Industrial Use: For each manufacturing unit, there shall be a monthly sewer !~' charge of $1.25 per month, together with an additional charge° f` of $ .02.for each 100 cubic foot of water in excess of 1,000 cubic foot. S. In the event there shell be e-diapute as to the class- - ~ -: ification of the_ sezagr':charges, the; (~itp]~Ma~iagek~shallLmske ~ a determination in accordance with the purpose of this --~ -- . Ordinance. SECTION 3: The City Clerk of the City of Elsinore, Calif- ornia, is hereby ordered to certify. the, passage of the ordinance and 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*ao~^~y the City Clerk this 10th day of July, 1967. ATTEST: g,Fior n Arsh ~ s/ T. R: Yarborough City Clerk Mayor of the City of Elsinore 243 , ORDINANCE N0. .447 `~ AN ORDINANCE OF THE GTTY OF ELSINORE~ CALIFORNIA ' AMENDING ORDINANCE N0. 437 BY ADDING THERETO AN EXCLUSION OF THE ANNEXED PROPERTY FROM THE PAY- MENT OF SEWER-BOND INDEBTEDNESS. WHEREAS, pursuant to the provisions of the Annexation Act of 1913. and pursuant to the resolutions duly adopted by the City Council of the City-of Elsinore, .an election was held on the 13th day of December; 1966, _~~ in inhabited territory contiguous to ..the, City. of Elsinore designated as -,_, "Lake Shore West, Being Annexation No. ll"; WHEREAS, at said .special election the question was submitted to the qualified electors residing in said proposed annexation territory whether or not said territory should be annexed to the City of Elsinore; WHEREAS, the canvas of the returns of the votes east at the special election showed a vote in favor of said., annexation;.. WHEREAS, at the time of the notice of said special election, said proposal was submitted to the voters with the-provision that the property which was the subject matter of said annexation would not be-required to assume or_to pay .the existing .sewer bond indebtedness of the annexing city; NOW, TFIEREFORE, the City of Elsinore, California, does ordain as. follows: a. That Ordinance No. 437 is hereby amended,by,addng thereto the following language: "That the territory referred to in Ordinange No. 437 and referred to as "Lake Shore West, BEing Annexation No. 11", shall not be. .subject to the .bonded indebtedness of the City of Nlsinore, California,. and in particular to the sewer bond indebtedness which was in existence at the time of the annexation of the territory described in Ordinance No. 347•" 2. The City Clerk shall certi#'y to the adoption of this.Ordianance and cause it to be published once in the Lake Elsinore Valley Sun. ADOPTED THIS 11th DAY OF .SEPTEMBER, 1867, by the i'ollowing vote: AYES: Councilmen Berry, Bittle, Carter, pePasquale, Yarborough NOE5: None ABSENT: None Signed and approved this lth day of September,,-1967. s/ T.R. Yarborough Mayor of the City of Elsinore a s/ Florene Marshall City. Clerk. of the City of Elsinore 24:4 GRDINANCE ~o. ~-~ 'AN ORDINANCE OF THE GiTY OF EL~NORE, CALIFORNIA. PROVIDING FOR THE USE OF. EXISTING 3UB-STANDARD TATS OR PARCELS AND OTHER REaU1REMEN'PS II0 Ct3NNEGTION WITH LAND DIVISIONS AND FOR PROVIDING FOR PENALTIES FOR FAILUSE TO COMPLY. The Mayor and the City .Council of the City of Elsinore, California, do ordain as follows: SECTIQN 1: Purpose. The Mayor and City.Coi~ncil do hereby declare that the enactment of this ordinance is necessary to-protect the public health, safety and general welfare of the inhabitants of the City in order to: (aj Control the orderly growth and development of the City; (b) Provide for the-use of sub-standard lots or parcels of land in esistance prior to September 22, 1860; (c) Provide for adequate lot sizes in any subsequent division of laud; (d) Provide for adequate access; (e) Make adequate provision for easements end rights of way for inste].latioa of necessary utility facilities. SECPION 2: Definitions. As used is this Ordinance, the 'Eerm "City" means the City of'Elsiaore; "Council" means the council of the City of Elsinore; "Planning Commission" means the City Planning Caumnission of the City of Elsinore; "Owner" includes the plural and mesas any and all persons owning ~ interest in'`lank to be divided and whose consent is necessary to the dedication of land, rights of way or easements. SECTION 3 General Provisions.' AnY lot shown upon ea official sub-division 'map duly approved and recorded or say lot for which a bona %ide deed has been recorded prior to September'22, 1960 may be used as a building"site, provided the required setbacks are maintained and"provided that said lot 'has a minimum width of 25 `feet, and provided that the owner thereof owns no adjoining land which could be incorporated into the building site. '(s) On"interior and through lots; the side yard'shall be'ten (10) -: r, per cent of the width of the lot, provided no side yard shall be less than three (3) feet and need not exceed five (5) feet. On corner and reversed eot~ner lots, the side yard shall be ten (10) feet from the"street line upon which the ..main building sides except that where a corner or'reversed corner lot is less than fifty feet (50) wide, such side-yard need not exceed twenty :: ', (20) per cent of the width of the lot, The inferior side yard for such lots shall be the same as for interior lots, provided, however, that no accessory building on the rear of 'such lots may project beyond the front yard line on the"lots in the rear unless it is found by the Planning Commission'that"this 'regulation can- not reasonably be complied with. (b) No person, firm, or corporation shall subdivide or make a Band division of say property-in violation of the Map-Act of the State oP California, or the Subdivision Ordinance of the City of Elsinore, or make any land division,: as Herein defined, contrary to the provisions of this ordinances (c) No land division into leas than (5-)--parcels-shall fiereafter be made unless each parcel or lot created by such division'has: (i) N minimum of 6000 square feet with a fifty (50) foot minimum widtks; (ii) Frpntage on a public street or roadway. Private streets or easements for ingress and egress may be used with the approval of the Planning Commission, when the Commission finds that there is adequate eprovision for their construction and continued main- tenance; (i11)~ Boundries entirely within the City of Elsinore and is nattdivided by a county, school district or other tax- ing agency boundry line; (iv) Adequate"easements and rights of way .for installation of necessary:.utility facilities. 245 (d) An}r deed of conveyance, sale or contract to sell, made contrary to the provisions of this ordinance after the effective date of this ordinance, is voidable at-the-sole option of the grantee, bearer or person contracting to-purchase;-his heirs, personal representative, or trustee-in insolvency or'6ankruptcy within one year after the execution of•the deed of conveyance, sale or contract to sell, but the deed of conveyance sale or con- tract to §etl~-is binding upon any assignee 'or transferee of the grantee, buyer or:person contracting to purchase, other than those'enumerated, and upon'the granter, vendor or person contracting-to sell,-or his 'assignee or-heir. SECTION 4; Building Permits. The Buildiug Department of the City. of Elsinore shall not issue any permits for building upon any land which has been divided in violation of or contrary to the provisions of this ordinance. SECTION 5: Separate Enactment of Parts. If any sections subsection, sentence, clause or phrase or provision of this ordinance is, for say reason, held to be invalid, such division shall not affect the validity of the re- maining portion'of'the ordinance. The-Council hereby declared that, had it known of the inval3dity'of sash se~tion'subsection,.senteace, clause; phrase or portdon hereof, at the time"'of the passage of this ordinance, it:would have passed the remainder }iereof without such-invalid portion. ._ SECTION 6; Repeal. All ordinances sad parts of ordinances of the G1ty in conflict herewith are.heregy repealed,'prgvded-that such repeal shall not affectauy tentative map or final he"retofore approved by or now pending before the Planning Co~isaion"or the Council;!'nor shall such=repeal affect any .agreement, bond'or other obligation heretofore made or'given~ pursuant to any ordinance in effect prior to such repeal. "SECTION 7: `Certification. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in'the meaner prescribed by law. ADOPTED by the Mayor-and City Council and signed by the Mayor and attested.. to by the City Clerk this 23rd day of October; 1967 T born " or 'of the-City of Elsinore 24 ORDINANCE N0. 449 AN ORDINANCE OF THPs MAYOR AND CTPY COUNCIL OF T&E CITY OF ELSINORE, CALIlP~RNIA, CREATING THE POSITION OF CTrY MANAGER,:DEE'YNING THE DtTPIES AND-POWERS TAERE- OF; PROVIDTNG,FOR THL REMOVAL AND COMPENSATION; AND REPLACING ORDINANCE 10.:403, The .City Council of the City of Elsinore does ordain as follows: SECTION is :That .the office of the City Manager of the City of _ Elsinore be, and the same is hereby created snd established. The said Manager s}isll be appointed by the City "Council and shall hold office 8dr sad ~, during:the pleasure of .the City.Couneil. SECTION 2: The City .Manager shall receive such compensation and expense allowance as the City Council 'shall from time to time determine and .fix by resolution. SECTION 3: The-City Manager sha1L be the administrati~ae.head of the. government of the City of Elsinore under-the direction and control oP the ..City Council. He shall be responsible Pox the efficient:administration oP all the affairs of he City which are under his control:- 7n addition to his general powers as administrative head, :and not ;as any limitation thereon, he shall have the following Bowers and duties: (s) To-attend meetings of the City Council and to report upon or discuss agy,matter,concerning the affairs of the;~epartments, services or. activities;under his ;supervision. The City. Manager shall be sn-ez-officio. member of all boards,; commissions and committees appoint- ed by the Mayor of"tlte City Council pursuant to law, with aright to participate in all actions by his:voice, but without a #ote. (b) To co-ordinate the. administrative functions and operations -.. of the various departments, divisions, and services of the City government. To carry out the,grdinsnces~ resolutions, regulations and policies adopted by the Council slating -~ to the administration of such departments and divisions. I" (c} To control, order and give directions to all Heads of Departments, subordinate officers and employees of the City, except the City.. Clerk, City Treasurer and City Attorney; and to transfer employees fret one department to another;;and to consolidate or cc®bine offices, positions, departments or units under his direction. (d) To .cause to be prepared and submitted to him by each department, division or service bf the City government itemized anauel estimates of`expendi.tures required Por capital outlay, salaries,=wages~and miscellaneous operat- ing costs; to tabulate them into a preliminary consolidated budget; and to submit the proposed ennuai budget and salary plan to the City Council for its approval. (e) To be responsible for the administration of the budget after its final adoption, and to keep the City Council at all times advised as to the finaneiel conditions and needs of the City. (P) To act as gurchasing agent for the .City for the purchase of all supplies, goods, waresy merchandise, equipment and material which may be:required by any'department or division of the City. No expenditures shall be submitted or recommended to the City Counilii except upon the report ,. and approval`of the. City Manager. ' (g) To appoint, .remove, promote or demote suy officers and employees of the pity except. the City Attorney, City Clerk and City Treasurer. The services and facilities of the City Attorney,. City Clerk and the City Treasurer shall be made available to the City Manager to the same extent, in the same manner. and to the:`same effect they are available to the City Council. 24 (h) To compile and keep up to date a complete inventory of all property, real-and personal, owned by the City and to pur- e cheae any equipment and supplies whenever in his ~udgemsat the same csa be obtained to the best advantage of the City. (i) To supervise the maintenance yara ana to see that all mobile equipment is kept in-good condition sad repair and satis- factory working order. (~) To serveraas public relations officer of the City Government. (k) _ To cooperate with ali community orgaui.zations whose aim and '` purpose shall be the advancement of the moral and material. interests of the City. and its people, and to assist them through the City government. (1) To enforce or cause to he enforced all lawa;and ordinances of the City,.and to see that all franchises,, contracts, ~~-.__ permits and privileges, granted Jy the. City Council .are faithfully .observed. (m)."The City Council and its members shall deal with. the administrative services of the City only through the City.. Manager, except for the purpose of inquiry; and aeither the City Council nor any member thereof shall give ordera,to anY subordinate of the City.Manager. (n) To develop and oxganize nenessary public improvement pro- sects and programs,.-and to. assist the City Council n the various departments of government in carrying out such pro,ects. (o) To_have such other and further powers and duties as may be delegated to him from time to time by action. of the City Council, or as-may be necessary to carry out the foregoing.. " SECTION 4: The City Manager shall set as the agent for the City Council is the discharge of its administrative functions, but shall not exercise aqy policy-anakiug or legislative fLUaetions, not attempt to commit or bind the City Council or any member thereof to at~r action, plan or program requiring official action of the City Council. It is not intended by this Ordinance to grant az~y authority to, or impose any duty. upon, the City Manager which is vested in or imposed by general iaw or valid City ordinances in .any other commission, board" department, officer, employee, or the City Council. In the discharge of his duties, the City Manager shall endeavor at all times"to exercise the highest degree of tact, patience and courtesy n his contacts with the public and City personnel, and he shall use ha6s best efforts to establish and maintain s harmon- ious relationship.-among-.all personnel;. employed by the City,of-Elsinore, and all .officers thereof, and to maintain the highest possible-ataridards of public service by the City government. The City Manager is forbidden to take ar;y part in arty political campaign, or to take ar;y part in securing contribtuons for any pol- itical campaign or candidate „ n at'{y=Municipal elections.; _ SECTION 5, The removal of the City:: Manager shall,. be onr on a majority vote of the whole City Council... In case of his intended removal by the City Council., the City Manager shall be furnished with a written notice stating the City.Council!s intentions to remove him and the reasons therefore,. at least ninty (90) days before the effective date of removal.: After".furnishing the City Manager with written notice of his intended removal, ,the City Council may suspend him fraan further-duty, but. his compensation shall,c:ontinue until his removal by resolution of the City Council passed. by ma.~jority vote. SECTION 6; The City .Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause"_the same to be published in the !. manner provided by law. This ordinance shall take effect in the same manner provided. by law. ADOPTED by the Mayor, and City Council and;signed by the Mayor and attested to by the City Clerk this<gth day~of October, 1967. i s/:,T.R. Yarborough' Mayon of the City of Elsinore' ATTEST, sl Florene Marshall City Clerk City of Elsinore 24 ORDINANCE N0. 450 AN ORDINANCE OF THE CITY OF EI.SINORE, CALIFORNIA, REZONING OF CERTAIN PROPERTY BY TAKING THE PROPERTY OUP OF THE ' PRESENT ZONE AND PLACING TT IN THE ZONE AS FIEREINAFTEEt PROVIDED, AND ,AMENDING ORDINANCE NO. 349 TO AFFECT THE REZONING.. The Mayor and City Council of the City of Elsinore, do ordain as follows: Section l: The real property located in the City of Elsinore, California, which is described'3n a certain exhibit attached hereto `and made part hereof and which was recently annexed to the City of Elsinore, California, 3s hereby reclassified and rezoned in the zones as stated further in the attached exhibit and marked Exhibit A. Section 2: There is on file with the City Clerk of the City of Elsinore, Californian maps showing the property which is hereby rezoned bearing designations of D-1 to D-30,'inclusive, to which reference is hereby made showing the re- classified zone or district which said propertes'are rezoned in this ordinance. Section 3: Ordinance No. 349 of the City of'Elsinore, California, is hereby amended to affect the zoning of the above described property. , Section 4: The City Council is hereby'ordaiued 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 11th day of December, 1967. s~ T:R.Yarborouah Mayor of the City of Elsinore Attest: ~, s~'Florene Marshall City Clerk of the City of Elsinore ORDINANCE N0. 451 `~ ~ AN ORDINANCE APPROVING"THE ANNEXATION OF CERTAIN UNINHABTPED ~ TERRITORY, DESIGNATED "ANNEXATION NO. 12, JOY" TO-THE CITY OF E7~SINORE. ~ BE TT ORDAINED BY THE COUNCIL OF THE CTPY OF EI>4INORE: ,. I WF]EREAS, onthe 28thday of August, 1967. the bound of the City of Elsinore did pass and adopt Resolution No. 1225 giving notice cf the proposal' I to annex certain uninhabited'territory to'the City of Elairwre,.said territory being therein designated as "Annexation No`12,-Joy", said Resolution describing-thee boundariea of-'the territory proposed'to be annexed; and ~ .. -' WHE'REAB, said Resolution No. 1225 did contain a notice of the day, hour and place when and where `the Council of the City would hear protests made by auy person owning real property within the territory proposed to be . annexed, the time of said hearing being no''less than forty nor more than sixty '; days from the date of passage'of said'Resolution; and ' WFIEREAS, on the 23rd day of October, 1967, at the hour of 7:30 p.m., in the Council Chambers in the City Ha11 of Elsinore, County of Riverside, ' State of California, said dine and place being the day, hour and`,place fixed in said Resolution No: 1225 for hearing 'protests to 'the said annexation, the said City Council did hear and pass upon all protests made to the proposed annexation and did determine that protests had not been by the owners of one-half of the value of the privately owned territory proposed to be annexed as shown by the last equalized assessment roll, nor by public owners of one-half of the value of the public owned territory proposed to be Annexed as determined by said legislative body; and WfIEREAS, said territory is contiguous to the City of Elsinore, and is uninhabited territory in the County of Riverside; t 249 NOW, THEREFORE, the said Council of the City of Elsinore does hereby approve the annexation of the territory hereinafter described to the City of Elsinore, and does hereby further ordain that the said territory be and 3s hereby annexed to the City of Elsinore.... a That said territory, the annexation of which to the City of Elsinore is herein approved, is all that territory`aituate in the County of Riverside, State of California, more particularly. described as follows: A portion of Lot 21, Block B, Rancho La Laguna, Section 2, T6S, RSW~ County. of Riverside, California, as shown. on map in Book 8, page 377, Records of the:Recorder, County of San Diego, California, being. more apecifieally described as follows: Beginning at the most Easterly corner of said Lot.No. 21 as shown on said map, Book 8, page 377, said corner also being an angle point on the present boundary line of the City,Qf Elsinore, approved by the Secretary of State, State of California, on the 25th day of November, 19b6, as "Lake. Shore West, Being Annexation No. 11"; Thence N 53° 04~ 30" W, along the-said present boundary line of the said-City of Elsinore, a distance of 1320.00 feet to J the most Westerly corner of Lot 17, La. France Acres, as shown on map, Book 14, page ~ki., Records of the:Recorder, County of Riverside, California; TheneerSouthwesterly, along the Northwesterly. line of said Lot No. 21, and leaving the present boundary line of the City of Elsinore~.California, a distance of 462 feet; Thence Southeasterly along a line parallel with the North- easterly line of said Lot 21, and the said present boundary of the City:of Elsinore, a distance 1320.00 feet to a point of intersection with the Northwesterly right of way lnerof Riverside Drive, 60 feet wide, (also-known as'State Highway 74), said point of intersection: also being a point on the present boundary line. of the said City of Elsinore;, California; Thence Nab°'55` 30" E, along the present boundary line of the said City of:Elsinore, a distance of 462 feet to the TRUE POINP ? OF BEGINNING. ADOFi'ED THIS 11th DAY OF DECE[~ER, ig67, by the Following vote: AYES: Councilmen: Berry, Bittle, Carter; DePasquale,'Yaxborough :NOES: None ABSENS• None s/ Florene Marshall City Clerk of the-City. of Elsinore Signed and approved this 11th day of December, 1967. T.R. Yarborough Mayor of the. City of Elsinore 2~~ ORDINANCE N0. 452 J AN ORDINANCE OF THE CITY OF ELSIIdORE IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY, " The City Council of the City of Elsinore does ordain as follows: Section l: This ordinance shall 'be known as the "Real Property Transfer Tax Ordinance of the City of Elsinore'.'. It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State'of California. Section 2: There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Elsinore shall be granted,. assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds one hundred dollars ($100}, a tax at the rate of twenty- seven and one-half cents ($0.275) for each five hundred dollars ($500) or fractional part thereof. Section 3: Any tax imposed pursuant to Section 2 hereof shall be paid by any person orho makes,"signs or'issues sny document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. Section 4: Any tax imposed pursuant to this ordinance shall not apply to any instrument in writing given to secure a debt. 'Section `5; The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or' the District of Columbia shall not be liable for any tax imposed pursuant to this ordinance with respect to any deed, instrument, or writing to which it is a party, but the tax: may be'collected by assessment from any other party liable therefor. Section 6; Any tax imposed pursuant to this ordinance shall not apply to the making, delivering or filing of conveyances to make effective any plans of reorganization or adjustment-- (a) Confirmed under the Federal Bankruptcy Aet;_ as amended; (b) Approved in an equity receivership proceeding in a court involving a railroad corporation,: as defined in subdivision (m) of Section 205 of Title Ql of the United States Code, as amended; (c) Approved in an equity receivership proceedings in a court involving a corporation, as defined in subdivision (3} of Section 506 of Title 11 of the United States Gode, as' amended or (d) Whereby a mere change in inden$ity, form or place of organi- zation is effected. Subdivisions (a) to (d), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. Section 7: Any tax imposed pursuant to this ordinance"shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exhhange Commission, as defined in subdivision (a} of Section 1083 of the Internal Revenue Code of 1954; but only if - - (a) The order of the Securities and ExchangeCCommission in obedience to which".such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company-Act of 1935; (b) Sueh order specifies the property which is ordered to be conveyed; (c} Such conveyance is made in obedience to such order. Section 8; (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance by reason of any transfer of an interest in a partnership or otherwise, if -- (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and 25~ (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of ax~y partnership within the meaning of Section 708 of 'the Internal Revenue Gode of 1954, for purposes of this ordinance, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any-lien or encumbrance remaining thereon), all .realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this ordinance _ by reason of a termination described in subdivision (b ), and any -~~ transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. Section 9; The County Recorder shall administer this ordinance in conformity with the provisions. of Part 6.7 of Division.2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. Section Z0: Claims for refund of taxes imposed pursuant to this ordinance shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California. Section 11; This ordinance shall become. operative upon the operative date of appr ordinance adopted by the County of Riverside, pursuant to Psrt 6.7 - {commencing with Section 11901) oP Division 2 of the Revenue and Taxation-Code of the State of California; or upon the effective date of this ordinance, which- ever is the later. Section 12 :' Upon its adoption the City Clerk shall file two copies of this ordinance with the County Recorder of Riverside County. Section 13: This ordinance, inasmuch as it provides for a tax levy for the usual and current expenses of the city, shall take effect immediately, Section 14; The Gity Council is hereby. ordained. and directed to certify _ the passage of this, ordinance and to cause the same to be published in the manner ~ I provided by law. - ADDFTED by the Mayor and City Council .and. signed by the Mayor and attested to by the City Clerk this 11th day of December, 1967. s/ T.R. Xarborough Mayor of the City of l~ sinmre Attest: s( Florene Marshall City Clerk of,the City of Elsinore.