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HomeMy WebLinkAboutORD 051 1985 0916ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING ORDINANCE NO. 7 OF THE CITY OF MOORPARK AND AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 4 TO TITLE 5 RELATIVE TO MOBILE HOME PARK RENTS. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 7 of the City of Moorpark is hereby repealed in its entirety. SECTION 2. The Moorpark Municipal Code is hereby amended by adding Chapter 4 to Title 5 to read as follows. C HAPTEP 4 MOBILE HOME PARK RENT STABILIZATION Section 5.04.010 - Purpose and Intent. There is presently within the City a shortage of spaces for the location of mobile homes. Because of this shortage, there is a low vacancy rate and rents have for several years risen rapidly and caused concern among a substantial number of City residents. Because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative home sites for mobile home residents and the substantial investment of mobile homeowners in such homes, a virtual monopoly exists in the rental of mobile home spaces, creating a situation where park owners have unbridled discretion and ability to exploit mobile home park tenants. For these reasons, among others, the City Council finds and declares it necessary to protect the owners of mobile homes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a fair return on their property and rental income sufficient to cover increases in the costs of repairs, maintenance, insurance, employee services, additional amenities and other costs of operation. Section 5.04.020 - Definitions. For the purposes of this Chapter, the terms set forth in this Section shall have the following meanings: (1) "Accurate." Correct mathematically on the Rent Schedule Form and any supplemental application material. (2) "Capital Improvement." Any addition of betterment made to a mobile home park which consists of more than mere repair or replacement of existing facilities or improvements which has a useful life of five (5) or more years, adds to the value of the property and appreciably prolongs its useful life and which may be amortized in accordance with applicable Internal Revenue Code regulations. (3) "City staff" or "staff." The staff of the City of Moorpark. (4) "Complete." Rent Schedule Forms filed are filled out properly. (5) "Compliance." The submittal of Rent Schedule Forms and other requested material, documentation, information and responses to staff questions to comply with Section 5.04.060. (6) "Consumer Price Index." The consumer price index for the Los Angeles, Long Beach, Anaheim, Metropolitan Area, All Urban Consumers, All Items, for the twelve month period ending four (4) months prior to the effective date of the proposed rent increase (e.g. - November effective date would be for twelve (12) month period ending June 30). (7) "Mobile home." A structure with dimensions larger than eight (8) feet by forty (40) feet or size larger than three hundred twenty (320) square feet designed for human habitation, transported over streets and highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation. (8) "Mobile home ark" or "park." An area of land in the City where two or more mobile home spaces are rented or leased out for mobile homes used as residences. Mobile home park does not include developments which sell lots for mobile homes or manufactured housing, or which provide condominium, community apartment, or stock cooperative ownership, even if any homes in the development are rented or leased out. Mobile home park includes trailer park. (9) "Mobile home park owner" or "owner." The owner, lessor, operator or manager of a mobile home park. Mobile home park owner includes trailer park owner. - 2 -- (ld) "Mobile home tenant or tenant." Any person entitled by written or oral agreement or by sufferance to occupy a mobile home park space to the exclusion of others. Mobile home tenant includes trailer park tenant. (11) "Mobile Home Park Rent Review Board" or "Board "." The City Council of the City of Moorpark. (12) "Net operating income." Gross income less operating expenses. Gross income includes the sum of the gross space rent plus other income generated as a result of operating the park (i.e., laundry facilities, recreational vehicle storage, etc.) plus revenue received from the sale of utility services (gas, water, electricity, cable TV, refuse, etc.) where such utilities are billed individually to the tenants by the owners. Operating expenses include the costs of operation and maintenance, as defined on the Rent Schedule Forms. (13) "Operation and Maintenance." Services provided by the owner related to the use or occupancy of a mobile home park space, including, but not limited to, water and sewer, natural gas, electricity, refuse removal, management and administration (including employee salaries and fringe benefits), maintenance and repairs, supplies, advertising, recreation facilities, laundry facilities, parking, security services, insurance, property taxes, other governmental assessments, and other costs reasonably attributable to the operation or maintenance of the park. The term "Operation and Maintenance" shall not include legal fees related to rent stabilization or tenant relations, costs incurred in proceedings related to this Chapter, or mortgage payments, whether for principal, interest, or both. (14) "Rehabilitation Work." Work done on or in a mobile home park in order to comply with an order issued by the City of Moorpark, County of Ventura or other public agency, or to repair damage resulting from fire, earthquake, or other natural disaster. (15) "Rent Schedule Forms." Forms, including any accompanying instructions, provided by the City and required to be filed by the owner for a proposed rent increase. (16) "Space rent." The consideration, including any bonuses, benefits or gratuities, demanded or received in connection with the use and occupancy of a space in a mobile home park, or for services provided, but exclusive of any amount paid for the use of a mobile 3 - home or trailer, or utility charges or trash charges which are billed separately whether or not the units are individually metered. Space rent does not include (i) reasonable user fees for services actually rendered to some, but not all, of the tenants of a park or (ii) any amount paid as a result of Board approved capital improvements or rehabilitation work. (17) "Trailer." A structure with dimensions of eight (8) feet by forty (40) feet or less, or a size of three hundred twenty (320) square feet or less, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer. Section 5.04.030 - Exemptions. The provisions of this Chapter shall not apply to the following: (1) Mobile home park spaces rented for non- residential uses. (2) Mobile home parks, the construction of which began after September 1, 1982 provided, however, that additional spaces created by the expansion of existing parks are not exempted from the provisions of this chapter. For the purposes of this section, "construction" shall mean the erection of structures. (3) Mobile home parks owned, leased, managed or operated by the United States Government, the State of California, the County of Ventura or the City of Moorpark. (4) Tenancies which do not exceed an occupancy of twenty (20) days and which do not contemplate an occupancy of more than twenty (20) days. (5) Mobile home parks which are occupied by less than five mobile homes or trailers. (6) Tenancies covered by leases or contracts which provide for more than a month -to -month tenancy. This exemption is only for the duration of such lease or contract. Upon the expiration or other termination of any such lease or contract, this Chapter shall immediately be applicable to the tenancy. - 4 -- Section 5.04.040 - Legality of Increases A. Compliance with Chapter. On and after the effective date of this Chapter, it shall be unlawful for any owner to (i) increase any space rent, and no increase in space rent shall be effective, unless approved by the Board as set forth in this Chapter, or (ii) fail to comply with any provision of this Chapter. B. Effect on leases. In any application for a space rent increase under this Chapter, the owner shall indicate which, if any, of the mobile home park spaces are covered by leases or contracts which provide for more than a month -to -month tenancy, together with the expiration date of each such lease or contract. Any space rent increase approved by the Board under this Chapter shall not be applicable to spaces covered by such leases or contracts during the terms of such leases or contracts. Upon the expiration of each such lease or contract the space rent contained in that lease or contract shall remain in effect until the next rent adjustment for the particular mobile home park is decided by the Board. This subsection is not intended to preclude the extension or commencement of any lease or contract. Section 5.04.050. - Space Rent Increase The Lesser of Five Percent or Two Thirds of the Consumer Price Index. A. Without Majority Protest. The procedures and fees set forth in Sections 5.04.060 shall not apply to any proposed space rent increase which does not exceed the lesser of five percent (50) or two - thirds (2/3) of the increase in the Consumer Price Index, of the total space rent of each affected mobile home park space, provided that: (1) The proposed space rent increase is to become effective no sooner than one (1) year from the date the last increase became effective at the particular mobile home park. (2) Not less than seventy -five (75) days prior to the effective date of the proposed increase, the owner files with the Board a Rent Schedule Form and supporting documentation together with proof that he served each affected tenant, personally or by mail, with written notice of the proposed increase. Said notice shall state (i) the proposed rent and effective date thereof, (ii) that the tenant may protest the proposed increase by filing a written protest with the Board within thirty (30) days after service of the - 5 - notice and (iii) that a copy of the Rent Schedule Form and supporting documentation is available to and affected tenant free of charge upon request at the owner's office in the particular mobile home part. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. The Rent Schedule Form shall show the existing rent and proposed new maximum rent for each affected space, calculated according to subsection A of Section 5.04.060, and shall include documentation supporting the requested increase in the Remainder component. (3) The tenants of less than fifty -one percent (510) of the spaces affected by the proposed space rent increase file written protests with the Board within thirty (30) days after service of the written notice. If a majority protest is not filed, the proposed increase shall be placed on the Board's agenda prior to the noticed effective date of the increase for approval as a ministerial decision. The decision of the Board shall be final. B. With Majority Protest. (1) If a majority protest is filed, the proposed increase may not be implemented by the owner unless and until approved by the Board in accordance with the proce- dures set forth in subsection B (1), (2), (3) and (4) of Section 5.04.060, except that compliance with subsection A (2) of this Section shall constitute compliance with subsection B (1) of Section 5.04.060. (2) The Board shall, with respect to: (a) The Operation and Maintenance component, approve the increase noticed by the owner, based upon a finding that the relevant portion_ of the Rent Schedule Form, as originally filed by the owner or as amended by the owner prior to the close of the hearing, is accurate, complete and in compliance with this Section. (b) The Remainder component, (i) approve the increase noticed by the owner, in whole or in part, based upon a finding that the increase, as approved, permits a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter or (ii) deny in total the increase noticed by the owner, based upon a finding that an increase is not necessary for the owner to receive a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter. - 6 - Section 5.04.060 - Determination of Base Rent and Allowable Increases. A. Basis for Determination (1) The proposed space rent increase is to become effective no sooner than one (1) year from the date of the last increase became effective at the particular mobile home park. (2) The base rent for purposes of this section shall be the monthly space rent in effect at the time of adoption of this Chapter. For purposes of determining allowable increases, the space rent, shall be divided into two components as follows: (a) Operation and Maintenance The portion of the space rent attributable to the cost of Operation and Maintenance. This component shall be increased as necessary to cover documented increases in this component. Increases in income _`rom other park - related sources shall be deducted in determining the amount of increase in costs. In the event a mobile home park owner who does not separately bill utilities converts from a commonly shared metered system to each space, or when the owner initiates a segregated charge or a separate trash or utility billing to the space, the owner shall file a written report of such change with the Board on or before the effective date of the charge. The Board shall determine the amount to be deducted from the space rent as a result of such separate charges or billing. Thereafter, such charges or billings shall not be a part of space rent. (b) Remainder. The remainder of the space rent. This component may be increased by not more than seventy percent (700) of the Consumer Price Index. In no event, however, shall the increase in this component exceed seven percent (70). Supporting documentation shall be filed to justify the requested increase. (3) Calculations of space rent increases for the particular mobile home park, as provided in this Section, shall be based upon the consecutive twelve (12) month period ending four (4) months prior to the effective date of the proposed increase. In no event, however, shall the Operation and Maintenance component for any month, or portion thereof, be used in the calculations for more than one space rent increase. - 7 - B. Procpdi1ra (1) Not less than seventy -five (75) days prior to the effective date of the proposed increase, the owner shall file with the Board a Rent Schedule Form and supporting documentation together with proof that he served each affected tenant, personally or by mail, with written notice of the proposed increase. The written notice shall state (i) the proposed rent and effective date thereof, and (ii) that a copy of the Rent Schedule Form and supporting documentation is available to any affected tenant free of charge upon request at the owner's office in the particular mobile home park. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. The Rent Schedule Form shall show the existing rent and proposed new maximum rent for each affected space, calculated according to subsection A of this Section, and shall include documentation supporting the requested increase in the Remainder component. (2) The owner shall deposit one - thousand dollars ($1,000) as a fee to cover the costs of processing the proposed space rent increase. Upon conclusion of such processing, the balance of the deposited processing fees, if any, shall be refunded to the owner. If additional costs are incurred, the owner shall be billed for, and shall be liable for, payment of such additional costs. (3) The Board shall hear any request complying with the requirements of paragraphs (1) and (2) no later than forty five (45) days after receipt thereof. At least ten (10) days prior to the hearing, the Board shall give written notice of the time and place set for the hearing to the owner, the tenants' representative and any person who has filed with the City Clerk a written request to be notified. No hearing or any part thereof may be continued beyond twenty (20) days after the initial hearing date without the owner's consent. If the Board approves the increase as requested, or lower than requested, the same shall take effect as noticed by the owner or as the Board may otherwise direct. (4) The Board shall make a final decision no later than ten (10) days after the conclusion of the hearing. The Board's decision shall be based on the preponderance of the evidence submitted at the hearing. The owner and all tenants requesting written notice shall be advised of the Board's decision and given a copy of the findings upon which the decision is based. The decision of the Board shall be final. - 8 - (5) The Board shall, with respect to: (a) The Operation and Maintenance component, approve the increase noticed by the owner, based upon a finding that the relevant porticn of the Rent Schedule Form, as originally filed by the owner or as amended by the owner prior to the close of the hearing, is accurate, complete and in compliance with this Section. (b) The Remainder component, (i) approve the increase noticed by the owner, in whole or in part, based upon a finding that the increase, as approved, permits a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter or (ii) deny in total the increase noticed by the owner, based upon a finding that an increase is not necessary for the owner to receive a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter. Section 5.04.070 - Discretionary Space Rent Increases. A. Basis for Determination (1) An owner may apply to the Board for a discretionary space rent increase above that otherwise allowed by Section 5.04.050 or 5.04.060 in cases where he con- tends that the facts and circumstances of the par- ticular case warrant such an increase. It is not the intent of this Section to require the owner to justify space rent increases previously approved by the Board. (2) It shall be the responsibility of the owner to provide sufficient supporting documentation to justify the requested increase. The supporting documentation must demonstrate that as a result of one or more factors, as proposed by the owner, an increase not otherwise allowed by Section 5.04.050 or 5.04.060 is necessary to permit a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter. The owner shall comply with any staff request for additional documentation to permit evaluation of the requested increase. (3) No increase in space rent shall be approved because of increased principal, interest or other expenses resulting from: (a) The refinancing of the mobile home park. (b) The sale of the mobile home park, except for changes to property taxes and /or other governmental assessments as a result of such sale. - 9 - (c) Capital improvements. (d) Rehabilitation work. B. Procedure (1) The procedures set forth in subsection B (1), (2), (3) and (4) of Section 5.04.060 shall be applicable to discretionary space rent increases, except that the initial deposit shall be fifteen hundred dollars ($1,500). (2) The Board shall with respect to space rent increase noticed by the owner; (i) approve the increase, in whole or in part, based upon a finding that the increase, as approved, permits a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter or (ii) deny in total the increase, based upon a finding that an increase is not necessary for the owner to receive a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter Section 5.04.080 - Amortization of Capital Improvements and Rehabilitation Work. A. Basis for Determination (1) An owner may apply to the Board for approval of a Capital Improvement or Rehabilitation Work amortization schedule within twelve (12) months after completion of the improvement or work. It is not the intent of this Section to require the owner to justify the improvement or work, provided that the improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work. (2) It shall be the responsibility of the owner to provide sufficient supporting documentation to demonstrate that the improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work and to justify the requested amortization schedule. The owner shall comply with any staff request for additional documentation to permit evaluation of the requested schedule. (3) The amortization schedule shall spread the cost of the Capital Improvement or Rehabilitation Work uniformly among all of the mobile home park spaces in the particular mobile home park, including spaces covered by leases or contracts which provide for more than a month -to -month tenancy, unless the owner can demonstrate with supporting documentation that the - 10 - improvement or work does not benefit all of the spaces or that the spaces are not uniformly benefitted. B. Procedure (1) The procedures set forth in subsection B (1), (2), (3) and (4) of Section 5.04.060 shall be applicable to the amortization schedule for a Capital Improvement or Rehabilitation Work, except that: (a) The owner shall file an amortization schedule in place of a Rent Schedule Form. The schedule shall show that the improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work, the total cost of the improvement or work and the amortization of such cost by mobile home park space on a monthly basis. (b) The initial deposit shall be fifteen hundred dollars ($1,500.00). (2) The Board shall approve, in whole or in part, the amortization schedule noticed by the owner, based upon findings that: (a) The improvement or work satisfies the definition of either a Capital Improvement or Rehabilitation Work; (b) The amortization schedule spreads the cost of the Capital Improvement or Rehabilitation Work to all of the mobile home park spaces that are benefitted, consistent with subsection A (3) of this Section; (c) The financing of the improvement or work is at an interest rate that does not exceed the rate generally available to preferred customers for similar projects from commercial lending institutions located in Ventura County; and (d) The amortization schedule permits a fair return and sufficient rental income in accordance with the purpose and intent of this Chapter. C. Effect of Amortization Schedule No owner shall demand or receive in connection with the use and occupancy of a space in a mobile home park any consideration, including bonuses, benefits or gratuities, for any Capital Improvement or Rehabilitation Work, unless an amortization schedule has been approved by the Board as set forth in this Section. The amount a tenant is to pay pursuant to an approved amortization schedule shall be in - 11 - addition to, and not part of, the space rent. Such amount shall not be used in calculating any increase in spa•e rent. Section 5.04.090 - Conduct of Board Proceedings Meetings and hearing of the Board shall be conducted in accordance with the following: (1) Except as authorized by State Law, all meeting and hearings conducted by the Board shall be open to the public. (2) All parties to a hearing may have assistance from an attorney or such other person as may be designed by said parties in presenting evidence or in setting forth by argument their position. All witnesses shall be sworn in and all testimony shall be under penalty of perjury. (3) In the event that either the owner or any interested tenant(s) should fail to appear at the hearing at the specified time and place, the Board may hear and review such evidence as may be presented and make such decisions as if both parties had been present. . (4) All hearings shall be tape recorded. Tapes shall be preserved for two years, or longer if requested by any party affected by the hearing. Section 5.04.100 - Other Actions of the Board A. The procedures of this Chapter are intended to result in a final decision prior to the effective date of a proposed space rent increase. If Staff or Board actions do not result in a final decision by the effective date of the proposed increase, the decision shall be retroactive to the noticed effective date. The tenants shall pay the retroactive amount to the owner within thirty (30) days after the decision of the Board is announced. B. If the Board finds that a space rent increase went into effect in violation of this Chapter, or any portion thereof, the owner shall refund the amount of the increase to the tenant(s) within thirty (30) days after the decision of the Board. Section 5.04.110 - Procedural Irreaularities Formal rules of evidence or procedure which must be followed in court shall not apply to the Board proceedings, except to the extent that the Board shall determine. No action of the Board shall be held void or invalid or be set aside by any court on the ground of the improper admission or rejection of evidence, or by reason of any error, irregularity, - 12 - informality, neglect or omission (hereinafter called "error ") as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, or any matters of procedure whatever, unless after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party bringing the action or suit sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown. Section 5.04.120 - Notice to New Tenants Prior to, or at the time of, agreeing to rent a mobile home park space to a new tenant, the owner shall provide the new tenant with a copy of this Chapter, as currently in force. Section 5.04.130 - Tenant's Right of Refusal A tenant may refuse to pay any increase in space rent which is in violation of this Chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home park space or to collect the space rent increase. Section 5.04.140 - Retaliatory Eviction Notwithstanding Section 5.04.130, in any action brought to recover possession of a mobile home park space, the court may consider as grounds for denial any violation of any provision of this Chapter. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. Any action brought within three (3) months of the determination of a request for a space rent increase pursuant to Section 5.04.060 or 5.04.070, including a determinatibn made as a result of a petition filed with the Board by a tenant pursuant to Section 5.04.050, shall be presumed to be retaliatory; this presumption affects the burden of proof and is rebuttable by the owner. Section 5.04.150 - Civil Remedies If any owner demands, accepts, receives or retains any payment of space rent in excess of the maximum approved by the Board under this Chapter, the tenants affected by such violation, individually or by class action, may seek relief in a court of competent jurisdiction for injunctive relief or damages or both. In any such court proceeding, the prevailing party shall be awarded his reasonable attorney's fees and court costs. In its discretion and in addition to any other relief granted or damages awarded, the court shall - L3 - be empowered to award to each tenant who is a party to the action or suit, civil damages in the sum of not more t:ian three times the total monthly space rent demanded by the owner from each such tenant in violation of this Chapter. Section 5.04.160 - Termination This Chapter shall remain in effect only until July 31, 1988 and as of that date shall expire, unless earlier repealed or extended by the City Council. Section 5.04.170 - Review by the Citv Council The City Council shall review the effectiveness of this Chapter in addressing the problems giving rise to its enactment at least three (3) months before its expiration and take appropriate legislative action thereon. SECTION 3 This Section shall apply to any mobile home park, as defined in SECTION 2 of this Ordinance, for which a space rent increase was approved at the particular mobile home park pursuant to Ordinance No. 7 of the City of Moorpark, provided that the one (1) year anniversary date of the increase will occur within seventy - five (75) days after the effective date of this Ordinance. (1) The owner, as defined in SECTION 2 of this Ordinance, of such a mobile home park who files for a space rent increase within thirty (30) days after the effective date of this Ordinance may request on the Rent Schedule Form that the proposed increase be approved retroactive to an effective date that is one (1) year from the date the last increase became effective. (2) The Board, as defined in SECTION 2 of this Ordinance, shall approve the requested retroactive space rent increase, provided that the Rent Schedule Form and supportive documentation and the processing thereof otherwise comply with all applicable provisions of SECTION 2 of this Ordinance. (3) Within thirty (30) days after a retroactive rent increase is approved by the Board, the owner shall serve each affected tenant, as defined in SECTION 2 of this Ordinance, personally or by mail, with written notice of the difference between the space rent previously paid by the tenant and the approved retroactive space rent increase. The notice shall include a statement that the tenant shall pay the difference to the owner within thirty (30) days after timely service of notice pursuant to this paragraph. Mailed notice shall be deemed served as of the second day after deposit in the U.S. mail, postage prepaid. 14 - (4) If an affected tenant fails to make timely payment pursuant to paragraph (3) of this Section, the owner may seek in a court of competent jurisdiction such relief as the owner is entitled to at law or in equity pursuant to the statutes of the legislature and the judicial decisions of the courts of this state. SECTION 4 Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect any other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this Ordinance are declared to be severable. SECTION 5 This Ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 6 The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this /day of ATTEST: StAL -- 1.5 - z /;o 1 Mayor of th`e City of Moorpark, California 1985. i'. STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) 1, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 5_ was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 16th day of September , 1985, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Weak, Yancy- Sutton, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 16th day of September • 1985. c'= CITY CLERK