Council Agenda Report Meeting Date: June 7, 2016

Transcription

1 - City CITYO<CHICO I"'K. 181 Council Agenda Report Meeting Date: June 7, 016 TO: City Council FROM: Jake Morley, Associate Planner ( ) RE: Rescinding of Ordinances and Resolution pertaining to Chico Scrap Metal (Rezone 15-06, Architectural Review 15-17, and Development Agreement 15-01): 878 East 0th Street; APNs , , , and REPORT IN BRIEF On May 17, 016, the City Council adopted two ordinances approving a Development Agreement (Ordinance No. 483) with Chico Scrap Metal (CSM), and a Rezone (text amendment) (Ordinance No. 48) to Title 19 of the Chico Municipal Code (CMC), which would eliminate the amortization requirement for CSM. A resolution (Resolution 43-16) approving a design review application (AR 15-17), associated with the ordinances, was approved on May 3, 016. After the hearing, staff discovered that the Exhibit I of Ordinance 48 referenced a superseded version of the municipal code (see Attachment A). A correct excerpt from the code is provided as Attachment B. Because of the inaccuracy in the adopted ordinance, it must be rescinded and a new ordinance adopted. Because the associated design review and development agreement approvals follow from this ordinance, these actions must as well be rescinded. Following City Council action, staff will make required corrections to the ordinance, and bring the project forward to the Planning Commission to be reconsidered in its entirety. Recommendation: The Community Development Director recommends that the City Council introduce the ordinances (Attachment C and D) by reading the titles only, and adopt a resolution (Attachment E) in the following order: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING ORDINANCE NO. 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING RESOLUTION NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING ORDINANCE NO. 483 FISCAL IMPACT N/A.

2 Chico Scrap Metal (RZ 15-06, AR 15-17, DA ) Meeting Date: June 7, 016 Page Reviewed by: Approved by: Mark Wolfe, Community evelopment D1rector Mark Orme, City Manager DISTRIBUTION: City Clerk (3) AP Morley Kim Scott, Chico Scrap Metal, 878 E. 0th Street, Chico, CA 9598 Shane Scott, Chico Scrap Metal, 878 E. 0th Street, Chico, CA 9598 Steve Gibson, P.O. Box 306, Paradise, CA Therese Y. Cannata, 100 Pine Street, Suite 350, San Francisco, CA Jon Luvaas, 1980 Wild Oak Lane, Chico, CA 9598 Files: DA 15-01, RZ 15-06, AR ATTACHMENTS: A. Ordinance No. 48 Exhibit I - Title 19 Amendment B. Excerpt from Chico Municipal Code section C. Ordinance Rescinding Ordinance No. 48 D. Resolution Rescinding Resolution No E. Ordinance Rescinding Ordinance No. 483 X:\Current Planning\Development Agreement\15-01_Chico Scrap\Staff Report_Support ltems\city Councii\Rescinding Docs_Report\6_7 CC_CSM Report.docx

3 ORDINANCE NO. 48 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO AMENDING TITLE 19 OF THE CHICO MUNICIPAL CODE AND AMENDING THE CHAPMAN/MULBERRY NEIGHBORHOOD PLAN (RZ 15-06) TO REMOVE LANGUAGE PERTAINING TO AMORTIZATION OF CHICO SCRAP METAL 7 BE IT ORDAfNED by the Council of the City of Chico that: 8 Section 1. Section Special Design Considerations Overlay Zone of Title 19 9 of the Chico Municipal Code is hereby amended as depicted on Exhibit I. I 0 II Exhibit II. Section. Chapman/MulbetTy Neighborhood Plan is hereby amended as depicted on 1 Section 3. The City Council finds that: 13 A. The proposed code amendment would result in improved compatibility of CSM's 14 aesthetics and operations with the surrounding neighborhood, which is a key goal of 15 the Chapman Mulberry Neighborhood Plan (Plan). With the proposed amendment to 16 the Plan, the Plan would remain intemally consistent as other aspects of the Plan, such I 7 I 8 as the development standards for single and multi-family residential projects, street designs, and lighting requirements are still applicable to propetiies located in the 19 adopted overlay zoning district; and 0 B. The code amendment is consistent with the General Plan, in that it support numerous 1 General Plan Goals, Polices and Actions that call for balancing the environment and economy to create a sustainable Chico (Goal SUS-I). promoting use of 3 environmentally friendly, local products and services that meet the needs of the 4 community, enhancing community character and identity (Policy SUS-3. I, Goal LU- 5, LU-3, Policy LU-3.3 and LU-3.4), encouraging economic development, and 6 ensuring that recycling services and waste diversion are available to City residents (ED 7 1.3, ED-1.9, Goal PPFS-8, Policy PPFS-8.1 and Action PPFS-8.1.1). Further, aspects 8 of the project such as removal and replacement of fencing, incorporation of art, and on- Page I of ATTAC HMENT A

4 site improvements are consistent with the General Plan in that they help create a sense of place. provide distinctive character, contribute to the quality of life and economic 3 vitality of Chico, and enhance diverse neighborhoods and surrounding development 4 (Goal CD-3, CD-4, CD-5, CD-7). With the amendment, the Neighborhood Plan would 5 remain consistent with the General Plan s broad public policy direction for the 6 community, and the neighborhood. The Neighborhood Plan is intended to be a 7 refinement to the General Plan and its vision and policy objectives for the 8 neighborhood remain applicable. 9 C. With regard to the negative declaration, that there is no substantial evidence supporting I 0 II a fair argument that the proposed amendment may have a significant effect on the environment, and a negative declaration has been prepared in conformance with the 1 provisions of the California Environmental Quality Act and the Chico Municipal Code, 13 Chapter Environmental Review Guidelines;' and the negative declaration 14 prepared reflects the independent judgment of the City of Chico. 15 Section 4. This ordinance shall not be effective until 30 days after recordation of the 16 development a!:,tfeement. 17 THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico 18 at its meeting held on Nay 17, 016 by the following vote: 19 0 AYES: NOES: Coolidge, Fillmer, Morgan, Sorensen Ritter, Schwab, Stone 1 ABSENT: None ABSTAINED: None 3 DISQUALIFIED: None 4 ATTEST: APPROVED AS TO FORM: Deborah R. Presson City Clerk By: Dani Rogers Deputy City Clerk / \iil'lcent-g:-e-wfng City Attorney* *Pursuant to The Charter of the City of Chico, Section 906(E) Page of X:\C urrcnt Planning\Dcvclopmcnt Agreement\ I 5-0 I_ Chico Scrap\Staff Rcpon Suppon ltemsicity Council\5_3 City Counci l :'.1ccting\5-J- 16 CC Ordi nacc_tc~t Amendment (Rczonc).docx

5 Excerpted from Chico Municipal Code Section (Special Design Considerations Overlay Zone) 6. SD-6 (Chapman!Mulbeny Neighborhood) a. Development shall be consistent with the Chapman/Mulberry Neighborhood Plan adopted by the city council. b. The following land uses are not permitted within the CN zone: retail liquor stores, gas stations, automobile sales and vehicle repair and maintenance. c. The following design standards shall apply to the development of singlefamily residences: (1) Front yard setbacks shall be consistent wi th the average ofthe existing front yard setback of adjoining parcels, but in no case less than fifteen ( 15) feet or greater than thirty (30) feet. () Front entries for all single-family residences shall be oriented toward the street. This requirement shall not apply to second dwelling units located on the rear of a parcel which have primary access from an alley. (3) Garages shall be set back at least ten ( 1 0) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, sing le- story garages shall be set back at least five (5) feet from the rear property line. (4) All single-family dwellings shall include a front porch with minimum dimensions of four feet by eight feet. (5) Front yard fe nces are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure views of the street or adjoining neighbors. (6) One new tree, 15 gallons or greater in size, shall be planted in the front yard of each new single-family residence, as a condition of the building penn it for such residence. The species of tree planted shall be selected from the list ' Recommended Street Trees for Chico" maintained by the City. d. The following design standards shall apply to the development of multifamily dwellings: (1) Parking lots shall primarily be located in the rear or side area of the parcel or in the interior of a building cluster and shall be screened from view from the street by vegetation or fencing that is no more than four feet in height. No parking lots shall be located within the required front or side set back area. () All multi-family buildings located within 40 feet of a front lot line shall be oriented to the street frontage. The main entrance of ground floor units located within 40 feet of a street must face the front lot line. Main entrances may be to either individual units, clusters of units or common lobbies or courtyards. Main entrances for multi-family residences on comer lots may be oriented toward either street frontage, or to ward the comer. EXHIBIT %

6 (3) Pedestrian walkways shall be provided from street sidewalks to the front entrance of each multi-family dwelling unit. e. It shall be a condition of the development of any new commercial or industrial use located on property which abuts residentially zoned property, that an 8 foot masonry wall be constructed between the ne'vv commercial or industrial use and the residentially zoned property. Such wall shall be constructed on the property on which the new commercial or industrial use is located and shall include landscaping along the side of the wall facing the residentially zoned property. Earthen landscape berms with a wall may be utilized to meet this requirement. f. A nonconforming commercial or industrial use shall not be expanded, enlarged. or extended. If a structure used for a nonconforming commercial or industrial use is destroyed or demolished, regardless of cause, or the nonconfonning use thereof is abandoned for six months or more, or is conver1ed to or replaced by a conforming use, the right to continue the nonconforming use therein shall cease. g. Nonconforming uses shall be amortized as follows: (1) Nonconforming commercial and iudusttial uses which \\ere located in the City prior to the date of the Ci ty ' s ctdoption of the Chapr111udMulbeuy Ne igltb01ltood Piau ou Octobc1 5, 004, shall be amo1 ti zed and terminated no later than December 31, 0 I I. () Nonconforming commercial and industrial uses which are annexed into the City after adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 004, and which v;erc nonconforming prior to annexation pursuant to the land use regulations of Butte County, shall be amortized and terminated as follows: (a) No later than January 5, 0 l 0, if the nonconforming use is annexed into the City prior to January 5, 007. (b) No later than three years after the date the property on which the usc is located is annexed into the City if the annexation occurs on or after January 5, 007. (3) Requests to extend the time period by vvhich a nonconforming use must terminate may be made to the planning commission and may be granted only for good cause upon a consideration of the following factors. (a) The total cost of the property and lawfully installed or constructed improvements. (b) The depreciated value ofthe property. (c) The remaining useful life of the improvements. (d) The original length and remaining term of the lease, if any, under which the premises is occupied. (e) The percentage ofthe business conducted on the premises compared to the percentage conducted elsewhere. (f) The cost of moving and reestablishing the business

7 eisev.,there. (g) The nature and extent of efforts made by the owner or operator of the nonconfom1ing use to relocate and/or reestablish the use in a properly zoned location. (h) The nature ofthe nonconforming use, as compared to the character of the surrounding neighborhood. (i) The harm to the public if the use remains beyond the amortization period. (j) The feasibility of converting the use of the premises to an allowed use or a use allowed with a use permit. (k) Other related factors. Extension requests must be s ubmitted no later than two years before the date the nonconforming usc is required to be terminated. Such applications shall be on a form approved by the planning director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The planning commission shall act on ail requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits. ( 4) Nothing in this paragraph 6 shall preclude the conversion of a nonconforming use to a lawful use if: 1) the nonconforming use could be permitted with a use permit; ) a usc permit is obtained; and 3) the use is thereafter conducted in conformance with the terms and conditions of the use permit and all applicable provisions of this code.

8 Time Frame: FY Amortization of Nonconforming Uses Prior to the annexation of areas that continue to have non-conforming uses as identified in the County's Chapman/Mulberry Neighborhood Plan (excluding Chinca 's Market), the City shall adopt an ordinance providing for the amortization of such businesses pursuant to the County's Chapman/Mulberry Neighborhood Plan. The County has already notified owners of legal nonconfonning uses of their starus and the County's amortization policy and period. Time Frame: Ongoing Amortization ofchico Scrap Metal Yard The Chico Scrap Metal Yard is located within the Chapman!Mulben=y Neighborhood Plan area and is J3roposed to be the site of a future mixed use netghl>orhood core. Upon City adoption of the Chapn1an/Mulberry?>Jeighborhood Plan, the Chico Scrap Metal Yard will becorne a Aon conforming use. Once the Chico Scrap Metal Yard becomes a non eonformiag use, the City shall adopt an ordiaance prm iding for its amortizution. Time Frame: Ongoing Neighborhood Rehabilitation Neighborhood Clean-Up The City and County shall assist community based organizations in their efforts to organize a neighborhood clean-up program. Time Frame: Ongoing RelocatioA of the Cllico Scrap Metal Yard The City aad County shall cooperatively take the Heeessaf)' steps to relocate the Chico Scrap Metal Yard to a rnore appropriate location. Tirne Frarne: 0HgoiAg Community Design Neighborhood Design Guidelines The City Community Development Department shall institute procedures that will ensure that al l development proposals and building permits approved in the Chapman/Mulberry Neighborhood are consistent with the Chapman/Mulberry Design Standards contained in the -SO overlay district. Time Frame: Ongoing Chapman/Mulbeny Neighborhood Streets The City Community Development Department, Planning Division and the Public Works Department shall ensure that all new discretionary development proposals that affect existing CHAPMAi'/ Mt;LBERR Y NEIGHBORHOOD PLAI' OCTOBER 004 Page II of 1 EXHIBIT ]I

9 Excerpted from Chico Municipal Code Section (Special Design Considerations Overlay Zone) 6. SD-6 (Chapman/Mulberry Neighborhood) a. Development shall be consistent with the Chapman/Mulberry Neighborhood Plan adopted by the city council. b. The following land uses are not permitted within the CN zone: retail liquor stores, gas stations, automobile sales and vehicle repair and maintenance. c. The following design standards shall apply to the development of single- family residences: (l) Front yard setbacks shall be consistent with the average of the existing front yard setback of adjoining parcels, but in no case less than fifteen ( 15) feet or greater than thirty (30) feet. () Front entries for all single-family residences shall be oriented toward the street. This requirement shall not apply to second dwelling units located on the rear of a parcel which have primary access from an alley. (3) Garages shall be set back at least ten (10) feet from the front edge ofthe dwelling. Garages located in rear yards are encouraged. Detached, single- story garages shall be set back at least five (5) feet from the rear property line. (4) All single-family dwellings shall include a front porch with minimum dimensions of four feet by eight feet. (5) Front yard fences are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure views of the street or adjoining neighbors. (6) One new tree, 15 gallons or greater in size, shall be planted in the front yard of each new single-family residence, as a condition of the building permit for such residence. The species of tree planted shall be selected from the list "Recommended Street Trees for Chico" maintained by the City. d. The following design standards shall apply to the development of multi-family dwellings: ( 1) Parking lots shall primarily be located in the rear or side area of the parcel or in the interior of a building cluster and shall be screened from view from the street by vegetation or fencing that is no more than four feet in height. No parking lots shall be located within the required front or side set back area. () All multi-family buildings located within 40 feet of a front lot line shall be oriented to the street frontage. The main entrance of ground floor units located within 40 feet of a street must face the front lot line. Main entrances may be to either ATTACHMENT 8

10 individual units, clusters of units or common lobbies or courtyards. Main entrances for multi-family residences on comer lots may be oriented toward either street frontage, or toward the comer. (3) Pedestrian walkways shall be provided from street sidewalks to the front entrance of each multi-family dwelling unit. e. It shall be a condition of the development of any new commercial or industrial use located on property which abuts residentially zoned property, that an 8 foot masonry wall be constructed between the new commercial or industrial use and the residentially zoned property. Such wall shall be constructed on the property on which the new commercial or industrial use is located and shall include landscaping along the side of the wall facing the residentially zoned property. Earthen landscape berms with a wall may be utilized to meet this requirement. f. A nonconforming commercial or industrial use shall not be expanded, enlarged, or extended. If a structure used for a nonconforming commercial or industrial use is destroyed or demolished, regardless of cause, or the nonconforming use thereof is abandoned for six months or more, or is converted to or replaced by a conforming use, the right to continue the nonconforming use therein shall cease. g. Nonconforming uses shall be amortized as follows: (I) Nonconforming commercial and industrial uses which were located in the City prior to the date of the City's adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 004, shall be amortized and terminated no later than December 31, 014. () Nonconforming commercial and industrial uses which are annexed into the City after adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 004, and which were nonconforming prior to annexation pursuant to the land use regulations of Butte County, shall be amortized and terminated no later than three years after the date the property on which the use is located is annexed into the City. Requests to extend the time period by which such a nonconforming use must terminate may be made to the planning commission and may be granted only for good cause upon consideration of the following factors. a. The total cost of the property and lawfully installed or constructed improvements. b. The depreciated value ofthe property. c. The remaining useful life ofthe improvements. d. The original length and remaining term of the lease, if any, under which the premises is occupied. e. The percentage of the business conducted on the premises compared to the percentage conducted elsewhere.

11 f. The cost of moving and reestablishing the business elsewhere. g. The nature and extent of efforts made by the owner or operator of the nonconforming use to relocate and/or reestablish the use in a properly zoned location. h. The nature of the nonconforming use, as compared to the character of the surrounding neighborhood. i. The harm to the public ifthe use remains beyond the amortization period. j. The feasibility of converting the use of the premises to an allowed use or a use allowed with a use permit. k. Other related factors. Extension requests must be submitted no later than two years before the date the nonconforming use is required to be terminated. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits. For properties on which a nonconforming commercial or industrial use exists at the time they annexed into the City, extension requests must be submitted no later than one year after the date that the property is annexed into the City. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits. (3) Nothing in this paragraph g. shall preclude the conversion of a nonconforming use to a lawful use if: I) the nonconforming use could be permitted with a use permit; ) a use permit is obtained; and 3) the use is thereafter conducted in conformance with the terms and conditions ofthe use permit and all applicable provisions of this code.

12 ORDINANCE NO II ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING ORDINANCE NO. 48 WHEREAS, Exhibit I to Ordinance No. 48, wh ich Ordinance is entitled "Ordinance of the City Council of the City of Chico Amending Title 19 of the Chico Municipal Code and Amend ing the Chapman/Mulberry Neighborhood Plan (RZ 15-06) to Remove Language Pertaining to Amortization of Chico Scrap Metal" has been found to include inaccurate information; WHEREAS, correction of the identified error is necessary, and such correction will require adoption of a new ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Chico that: Section l. The City Council rescinds Ordinance No. 48 in its entirety. Section. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it wou ld have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 3. The city clerk shall attest to the passage and adoption of this Ordinance, and shall cause the same to be posted as required by law, and this Ordinance shall take effect thirty (30) calendar days after its adoption. 1

13 THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico at its Meeting held on by the following vote: 3 4 AYES: 5 NOES: 6 ABSENT: 7 ABSTAINED: 8 DISQUALIFIED: 9 ATTEST: 10 II APPROVED AS TO FORM Deborah R. Presson City Clerk Vincent C. Ewing City Attorney* *Pursuant to The Charter of the City of Chico, Section 906(E)

14 RESOLUTION NO. 3 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING RESOLUTION NO II WHEREAS, on May 3, 016, the City Council adopted Resolution 43-16, which Resolution is entitled " Resolution of the City Council of the City of Chico Adopting Negative Declaration and Approving Architectural Review (AR 15-17) for Chico Scrap Metal''; and WHEREAS, subsequent to the adoption of Resolution 43-16, it was discovered that Ordinance No. 48, which Ordinance relates directly and essentially to the action taken by the Council through Resolution 43-16, contained errors which resulted in that Ordinance being rescinded; and WHEREAS, it is in the public interest that the Chico Scrap Metal project, in its entirety, be reconsidered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHICO AS FOLLOWS: Section l. Resolution No is hereby rescinded in its entirety. Section. If any part of this Resolution or its application is held to be invalid, the remainder of this Resolution shall not be affected and shall continue in full force and effect. Section 3. This Resolution shall become effective immediately upon its adoption. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Chico at its Meeting held on by the following vote: AYES: NOES: ABSENT: ABSTAINED: DISQUALIFIED: ATTEST: 1 i!fort n Jr

15 APPROVED AS TO FORM Deborah R. Presson City Clerk Vincent C. Ewing City Attorney* *Pursuant to The Charter of the City of Chico, Section 906(E)

16 3 4 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO RESCINDING ORDINANCE NO WHEREAS, Exhibit I to Ordinance No. 48, which Ordinance is entitled "Ordinance of the City Co unci I of the City of Chico Amending Title 19 of the Chico Municipal Code and Amending the Chapman/Mulberry Neighborhood Plan (RZ 15-06) to Remove Language Pertaining to Amortization of Chico Scrap Metal" has been found to include inaccurate information, and said Ordinance has been rescinded. WHEREAS, Ordinance No. 483, entitled "Ordinance of the City Council of the City of Chico Approving Development Agreement (DA 15-0 I) Between the City of Chico and Chico Scrap Metal" pertains directly to the actions taken by the Council through Ordinance No. 48. WHEREAS, The Development Agreement referred to in Ordinance No. 483 is rendered null and void, and any future Development Agreement may be approved only by adoption of a new Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Chico that: Section 1. The City Council rescinds Ordinance No. 483 in its entirety. Section. The Development Agreement referred to in Ordinance No. 483 is rendered null and void, and any future Development Agreement may be approved only by adoption of a new Ordinance. Section 3. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining 1, 1 I TtJ r ', ~ 7 E

17 portions of this Ordinance. The City Council hereby declares that it would have adopted this II Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. The city clerk shall attest to the passage and adoption of this Ordinance, and shall cause the same to be posted as required by law, and this Ordinance shall take effect thirty (30) calendar days after its adoption. THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico at its Meeting held on by the following vote: AYES: NOES: ABSENT: ABSTAINED: DISQUALIFIED: ATTEST: APPROVED AS TO FORM Deborah R. Presson City Clerk Vincent C. Ewing City Attorney* *Pursuant to The Charter of the City of Chico, Section 906(E)