HomeMy WebLinkAboutORD 153 1992 1007SUSPENDED 11/6/9.X BY REFERENDUh
PETITION.
REINSTATED 4/21/93.
ORDINANCE NO. 153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE
MOORPARK MUNICIPAL CODE BY REVISING
SUBSECTION C OF SECTION 5.52.040 RELATIVE TO
VACANCY RENT CONTROL IN MOBILEHOME PARKS
WHEREAS, prior to January 3, 1990, the City of Moorpark had
adopted a comprehensive scheme of mobilehome park rent
stabilization which included vacancy control; and
WHEREAS, on January 3, 1990, the City of Moorpark repealed
vacancy control by amending Section 5.04.040C of the Moorpark
Municipal Code, now recodified as Section 5.52.040C, pursuant to
Ordinance No. 119 (the "Amendment "); and
WHEREAS, Ordinance No. 119 was adopted pursuant to a
Stipulation for Settlement Agreement and General Release dated
December 12, 1989 between the City of Moorpark and Villa del
Arroyo, Ltd. (the "Stipulation "); and
WHEREAS, the Stipulation provided that the City of Moorpark
had to retain the Amendment in effect unless Hall v. Santa
Barbara, 833 F.2d 1270 (9th Cir. 1986), be expressly overruled;
and
WHEREAS, on April 2, 1992, the U.S. Supreme Court expressly
overruled the Hall case in its decision in the case of Yee v.
City of Escondido, 118 L. Ed. 153;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The Moorpark Municipal Code is hereby amended by
revising subsection C of Section 5.52.040 to read as follows:
"C. Effect on Space Rent Occupancy Change. Upon a space
rent occupancy change that occurs on or after November
6, 1992, the mobile home park owner may increase the
space rent in effect for that particular space at the
time of the change by an amount not to exceed the
lesser of five percent (50) or the Consumer Price
Index. Such an increase shall not be applied more than
once in a twelve (12) month period and not more than
two (2) times in any five (5) year period. Nor shall
such an increase constitute a space rent increase for
the purpose of determining when the last space rent
increase became effective under Section 5.52.050 A(2)
or Section 5.52.060 A(1).11
X17.1
SECTION 2. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The city
council declares that it would have adopted this Ordinance and
each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
SECTION 4. 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 7th day of
0 . her , 1992.
Mayor of t e City of M rpark,
California
Lillian E. Hare, City Cler
_..17.1
—2—
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 153 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 7th day of October , 1992, and that
the same was adopted by the following vote:
AYES: Councilmembers Montgomery, Perez, Talley, Wozniak
and Mayor Lawrason
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City
this 9th day of October , 1992.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. JOHN E. WOZNiAK SCOTT MONTGOMERY
BERNARDO M. PEREZ ROY E TALLEY JR
Mayor Mayor Pro Tem Councilmember
Councilmember Councilmember
Printed On Recvcled F'. i,,,, ;
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 153 was
reinstated by a vote of the people at a Special Election held April 13, 1993
which election was certified by the City Council of the City of Moorpark at
a meeting held on the 21st day of April, 1993, and that the same was certified
by the following vote:
AYES: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 23rd day of
APRIL, 1993.
C&Ie
Lillian E. Hare
City Clerk
(Seal)
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER
Mayor Mayor Pro Tem BERNARDO M. PEREZ
y Counalmember JOHN E. member K
Counalmember Counalmember
Printed on Recycled Paper
APR -15 -93 THU 16 :01
CERTIFICATE OF THE COUNTY CLERK
(Elections Code Sections 17088)
CITY OF MOORPARK
SPECIAL MUNICIPAL ELECTION
APRIL 13, 1993
STATE OF CALIFORNIA )
) ss.
COUNTY OF VENTURA }
P. 02
I, RICHARD D. DEAN, County Clerk of the County of Ventura,
State of California, do hereby certify that the attached is a true
and correct Canvass of the Votes Cast For and Against Measure "T"
for the City of Moorpark special Municipal Election held on April
13, 1993.
T further certify that the total Ballots Cast at the City of
Moorpark Special Municipal Election are as follows:
PRECINiCT ABSENTEE TOTAL
BALLOTS CAST BALLOTS BAST SAL_LOTS CAST
532
595
1,127
I further certify that the total votes cast on Measure ''T"
are as follows:
PRECINCT
ABSENTEE
TOTAL
MEASURE 'IT" VOTE
YOTE
VOTE
YES 448
510
958
NO 81
85
165
IN WITNESS WHEREbF, I have hereunto set my hand and affixed
MY official seal this 15th day of April, 1993.
0
APR 15 '93 14 :50
RICHARD D. DEAN
County Clerk
County of Ventura
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