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HomeMy WebLinkAboutReso 2009-016RESOLUTION N0.2009-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT AND RESTATEMENT OF THE JANUARY 21, 2003 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK WHEREAS, the City of Chula Vista (CITY) and the Boys and Girls Club of Chula Vista (CLUB) entered into a lease dated November 8, 1977, pursuant to City Counci] Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Park (Original Lease); and WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Pazk (Original Amended Lease); and WHEREAS, CITY and CLUB entered into an amended lease dated Januazy 21, 2003 to modify said Original Amended Lease by removing from the definition of premises in the Original Amended Lease the property that will be occupied by a planned skate park; and WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a skate pazk in Greg Rogers Pazk (Lease and Operating Agreement); and WHEREAS, the skate pazk was completed and opened in 2003 and named the Len Moore Skate Pazk; and WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit new uses of the Len Moore Skate Pazk by allowing the use of BMX bicycles; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, (State CEQA Guidelines) Section 15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists of the normal operations of existing facilities for public gatherings for which the facilities were designed and there is a past history of the facility being used for the same or similaz kind of purpose. Therefore, pursuant to Section 15300 et seq. of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Amendment and Restatement of the January 21, 2003 Agreement between the City of Chula Vista and the Boys and Girls Club of Chula Vista for the Lease and Operation of the Len Moore Skate Pazk at Greg Rogers Pazk. Resolution No. 2009-dT6 Page 2 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City. Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of January 2009 by the following vote: AYES: Councilmembers: Bensoussan, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda Cheryl Co Ma or ATTEST: I~U~D~'LGtG ~ ~fi.Ltl Donna R. No s, C C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-016 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 27th day of January 2009. Executed this 27th day of January 2009. Donna R. Norris, CM ,City Clerk Presented by