HomeMy WebLinkAboutOrd 2009-3124ORDINANCE N0.3124
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.66, SECTION 2.66.255 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT
THE LEN MOORE SKATE 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 Council Resolution No.
8882, for the lease by CLUB of CITY property in Greg Rogers Pazk (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 Park (Original Amended Lease); and
WHEREAS, CITY and CLUB entered into an amended lease dated January 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 pazk; and
WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a
skate pazk in Greg Rogers Pazk (the "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, (the "State CEQA Guidelines") Section
] 5323, "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 similar 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 TI' RESOLVED that the City Council of the City of Chula Vista
does hereby ordain as follows:
SECTION 1: That Chapter 2.66, Section 2.66.255 of the Chula Vista Municipal Code is
amended by adding Subsection "G" in accordance with the following:
Ordinance No. 3124
Page 2
G. Notwithstanding any other provision contained within this code section,
BMX bicycle use may be permitted by express written consent of the Director of
Recreation at the Len Moore Skate Pazk. Should express written consent of the
Director of Recreation be obtained, then the posted signs at the Len Moore Skate
Pazk shall be revised to read as follows:
WARNING
Skateboazding, in-line skating, roller skating, BMX bicycle riding and
scooter riding aze hazardous recreational activities. Use of this facility
may result in serious injuries or death. The City of Chula Vista does not
assume any responsibility for injuries or death.
Any person using this facility must wear a helmet, elbow pads, and knee
pads designed for skateboazding, in-line skating or BMX bicycle riding.
The required protective geaz shall be properly worn (i.e., chin strap
attached) and be in good repair. Any person failing to comply with this
section shall be subject to citation and penalties pursuant to Chula Vista
Municipal Code Section 2.66.255(F).
SECTION 2: This ordinance shall take effect and be in full force thirty (30) days following
its second reading.
Presented by
J s D. Sandoval
Manager
Approved as to form by
Ordinance No. 3124
Page 3
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 3rd day of February 2009, by the following vote:
AYES: Councilmembers: Bensoussan Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Co Mayor
ATTEST:
~~m~, ~ ~~
Donna R. Norris,~CMC, 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
Ordinance No. 3124 had its first reading at a regulaz meeting held on the 27th day of January
2009 and its second reading and adoption at a regulaz meeting of said City Council held on the
3rd day of February 2009; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 3rd day of February 2009.
~l~C ~ /n ;,c A /C, ~ /V Ol4iS.c>I
Donna R. NorrisTCMC, City Clerk