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HomeMy WebLinkAboutOrd 925 Urgency Skate Park t t INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: THE HONORABLE MAYOR, CITY COUNCIL AND CITY MANAGER FROM: KEN WELLER,RISK MANAGER SUBJECT: SKATE PARK CITY COUNCILTION: APPROVED DENIED •IFDATE: SEPTEMBER 9, 1999 CEIVED OTHER 'eETIN DATE `1 - -y 'I LyES: Recommendation: �'BSENT: A4A'vo ABSTAIN: A Ant 00 By minute motion: VERIFIED BY: �? I ')riainal on File witl Cif Clerk's Office 1. Approve the Skate Park Urgency Ordinance. 2. Authorize staff to have a temporary chain link fence installed for up to six months for an amount not to exceed$1,000, funds are available in Account#430-4674-454-4001. 3. Under existing contract with Coachella Valley Recreation and Park District, authorize one additional staff member at$13.00 an hour. Background: Issue#1. Skate Park Ordinance Health and Safety §115800 provides cities with liability protection from Hazardous Recreational Activities, Assembly Bill 1296 (AB 1296) further amends §115800 by adding skate boards and in-line skating to list of Hazardous Recreational Activities. One of AB 1296 requirements is that cities adopt an ordinance for the use of the skate park. The attached ordinance 8.85 will be added to the Health and Safety section of the Palm Desert Municipal Code. Also, attached for your review is AB 1296. Due to the opening of the park on September 1, 1999, and the need to enforce all the regulations specified in the ordinance, I am recommending that the urgency ordinance be approved. This ordinance will be back to City Council on the next agenda for this first reading and then for adoption. The City Attorney has reviewed and concurred with the language in this urgency ordinance. Issue#2. Skate Board Park Meeting of September 8, 1999 On September 8, 1999, a meeting was held with the following attendees: THE HONORABLE MAYOR, CITY COUNCIL,AND CITY MANAGER SEPTEMBER 9, 1999 o Ray Diaz, City Manager o John Wohlmuth, Assistant City Manager o Phil Drell, Director of Community Development o Jeff Winklepleck, Park and Recreation Manager o Ken Weller, Risk Manager o Michele Bats , Planning Commission o Terry Scheurer, Planning Commission o Rick Vincent, "Sports Fever" Shop Owner o Steve McGrath- "Sports Fever"on Design Committee o Kevin Klaman, CV Parks and Recreation o Dallas Williams, YMCA o Kim Chafin as recording secretary. The meeting was called to discuss the skate park issues that have surfaced since its opening of September 1, 1999. The three issues discussed were: 1. Control and scheduling of times for use by skaters to address the concern of over use and the mix of skill levels at one time. 2. The need to have an ordinance to set rules and procedures for the skate park. 3. Is there a need to provide both temporary and permanent fencing of the skate park? Issue#1 It was agreed that we would not set schedules for use by age or skill level and that the skate park would remain open to all participants. Issue#2 The entire group agreed on the need for an Urgency Skate Park Ordinance. Issue#3 There was a very lengthy discussion on the need for a temporary as well as a permanent fence. 2 THE HONORABLE MAYOR, CITY COUNCIL,AND CITY MANAGER SEPTEMBER 9, 1999 The two Parks and Recreation Commissioners in attendance had their monthly meeting that morning and came with two recommendations from the Committee. 1. No fencing of any sort be provided. 2. Do not take any irrevocable approach, wait and see if the issues go away. Commissioner Bats felt that design was to be open to give the feeling of freedom to use the skate park. Also,that the park was placed next to San Pablo so that deputies driving by could see into the park. I am anticipating that both Commissioner Bats and Scheurer will be present at the City Council meeting to give their points of view. The recommended action by Ray Diaz, John Wohlmuth, and myself was to provide both temporary and permanent fencing for the skate park. The Park and Recreation District representative wanted a fence if their were going to provide staffing and if they were not providing staffing they did not care one way or the other. The other kids who were on the committee Steve and Dallas said a fence was okay, Mission Viejo has one and it doesn't deter participation. Ray, John and myself felt that the CV Park and Recreation person needed the ability to screen kids as they enter the park,to keep kids from hanging around and waiting for an opportunity to sneak back in without being detected, and it would keep out unwanted use by bicycles to name a few. It was also noticed that a fence is needed to close the park for maintenance,repair to concrete(which will take days to cure),remove spectators from being injured,keeps kids from bringing additional homemade obstacles to jump into the park. 3 THE HONORABLE MAYOR, CITY COUNCIL,AND CITY MANAGER SEPTEMBER 9, 1999 Although the Committee has a split decision, it is the recommendation to have a temporary as well as a permanent wrought iron fence. REVIEWED AND CONCUR: KE WELLER, RISK MANAGER RAY DIAZ, CITY MANAGER PAUL GIBSON, FINANCE DIRECTOR KRW/rgf Attachment 4 ' Page 3 4TH DOCUMENT of Level 1 printed in FULL format. THE STATE OF CALIFORNIA BILL TEXT STATENET Copyright (c) 1997 by Information for Public Affairs, Inc. CALIFORNIA 1997-98 REGULAR SESSION ASSEMBLY BILL 1296 CHAPTER 573 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1997 APPROVED BY GOVERNOR SEPTEMBER 29, 1997 PASSED THE ASSEMBLY SEPTEMBER 11, 1997 PASSED THE SENATE SEPTEMBER 4, 1997 AMENDED IN SENATE AUGUST 29, 1997 AMENDED IN SENATE JULY 22, 1997 ASSEMBLY BILL NO. 1296 CHAPTER 0 1997 CA A.B. 1296 VERSION: Enacted VERSION-DATE: September 30, 1997 SYNOPSIS: An act to amend, repeal, and add Section 115800 of the Health and Safety Code, relating to liability. DIGEST: LEGISLATIVE COUNSEL'S DIGEST AB 1296, Morrow. Liability. Existing law provides that neither public entities nor public employees are liable to any person who participates in a hazardous recreational activity. Existing law defines "hazardous recreational activities" for these purposes to include various activities. This bill would provide that skateboarding at a public skateboard park is a hazardous recreational activity for purposes of those provisions if the person skateboarding is 14 years of age or older, the skateboarding activity was stunt, trick, or luge skateboarding, and the skateboard park is on public property, as specified. The bill would require appropriate local public agencies to maintain a record of all known or reported injuries incurred by skateboarders in a public skateboard park or facility, and other information regarding those incidents, as specified, and would require copies of these records to be filed with the Judicial Council annually, beginning in 1999. By imposing additional duties on local public agencies, the bill would create a state-mandated local Page 4 1997 CA A.B. 1296 program. The bill would require the Judicial Council to submit a report to the Legislature regarding this information on or before March 31, 2000, as specified. The bill would provide for the repeal of these provisions on January 1, 2003 . The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $ 1, 000, 000 statewide and other procedures for claims whose statewide costs exceed $ 1, 000, 000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. TEXT: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 115800 of the Health and Safety Code is amended to read: 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1) . (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3) , shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b) . (2) In addition to the provisions of subdivision (c) of Section 831.7 of the Page 5 1997 CA A.B. 1296 Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3 .6 of Title 1 of the Government Code. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, 'this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2003 . For purposes of this subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Beginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2000, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (e) This section shall remain in effect until January 1, 2003, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2003, deletes or extends that date. SEC. 2. Section 115800 is added to the Health and Safety Code, to read: 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is maintained designed and g for the of recreational purpose skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1) . Page 6 1997 CA A.B. 1296 (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) This section shall become operative on January 1, 2003. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($ 1, 000,000) , reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SPONSOR: Morrow LOAD-DATE: October 10, 1997 APPENDIX A HEALTH AND SAFETY CODE §115800. (First of two; Operative until January1, 2003) Skateboard parks; Helmet, elbow P pads, and knee pads required (a)No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2003. For purposes of this subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. - 8 - RMBUSUC11155319 Beginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2000, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (e) This section shall remain in effect until January 1, 2003, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2003, deletes or extends that date. §115800. (Second of two; Operative January 1, 2003) Skateboard parks; Helmet, elbow pads, and knee pads required (a)No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) This section shall become operative on January 1, 2003. §115800.1. (Operative until January 1, 2001) Adult in-line skating as hazardous recreational activity (a) In-line skating by an adult shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (1) The local public agency has, by legislative action, designated specific public property as a recreational area, boardwalk, or park in which in-line skating is permitted. (2) The designated area, boardwalk, or park is adequately posted with notices advising the public that in-line skating in the designated area by adults is deemed to be a hazardous recreational activity and that the public entity may not be liable for injuries incurred by persons participating in the hazardous recreational activity in the designated area, boardwalk, or park. (b)Nothing in Section 831.7 of the Government Code or this section shall be deemed to limit the duty of a public entity to maintain public property or premises in a safe manner. (c) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by an in-line skater on designated public property and other public property. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Beginning - 9 - RMBUSVC'I\155319 • in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2000, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while in-line skating on designated public property and other public property. (d) This section shall remain in effect only until January 1, 2001, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2001, deletes or extends that date. GOVERNMENT CODE §831.7. Liability to participant in or spectator to hazardous recreational activity (a)Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. (b) As used in this section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator. "Hazardous recreational activity" also means: (1) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. (2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. (3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, paragliding, body contact sports (i.e., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, "mountain bicycling" does not include riding a bicycle on paved pathways, roadways, or sidewalks. (c) Notwithstanding the provisions of subdivision (a), this section does not limit liability which would otherwise exist for any of the following: (1) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose. (2) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this paragraph, a - 10 - RMBUSVCll155319 "specific fee" does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose. (3) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose. (4) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this paragraph, promotional literature or a public announcement or advertisement which merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion. (5) An act of gross negligence by a public entity or a public employee which is the proximate cause of the injury Nothing in this subdivision creates a duty of care or basis of liability for personal injury or for damage to personal property. (d)Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization. - 11 - RMBUSl1CT\155319 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF WINKLEPLECK, PARKS AND RECREATION PLANNING MANAGER DATE: SEPTEMBER 9, 1999 SUBJECT: SKATE PARK MONITORING AND SAFETY RECOMMENDATION: 1. That intially the Coachella Valley Recreation and Parks District monitor the facility enforcing safety equipment requirements and bicycle prohibition; 2. That the City Council direct staff to work with the skate park oversight committee to develop long-term strategies for the appropriate level of supervision and enforcement. Committee consists of City staff, skate representatives and the City Attorney. DISCUSSION: There are three approaches to the supervision issue that cities in California have taken. 1. The first approach would be to fence the area and have full-time supervision, as the City of Temecula does at its facility. This does ensure that anyone entering the park has the required waivers signed and is wearing the required safety equipment. However, a portion of the skaters may stay away from the more structured facility and return to the streets and commercial districts. 2. The City of Carpinteria follows the second approach, which is to require waivers, issue helmet stickers, but only conduct spot checks to ensure compliance. Claim information and information regarding program success is forthcoming. 3. The third approach is to post the facility skate at your own risk," and "helmet and pads required," and then do not supervise the facility. The Cities of Huntington Beach, Yuba City, Hanford, Chico, Redding and Yucca Valley have done this successfully with no claims. The majority of cities contacted have non-supervised facilities and liabilityhas not been an issue. have however, no Injuriesoccurred; claims have been filed. At a League of California Cities seminar regarding skate park liability, it was recommended that signage and non-supervision of skate park facilities was the appropriate management policy. Based on this advice, it is our intention to limit supervision to a minimum. 1 The main issue that some of the cities have had to deal with include graffiti, alcohol consumption and swearing. These are issues that the City currently faces at its baseball fields, basketball courts and other park facilities. The location of Palm Desert's Skate Park will assist with these problems due to the high visibility of the project. In addition, the popularity of the facility will assist with the self-policing of these issues. An oversight committee has been formed to identify strategies and approaches to help identify the appropriate level of supervision and enforcement. The site is currentlybeingsupervised byCoachella ValleyRecreation and Park District, p who is enforcing the safety equipment requirement and bicycle prohibition. Prepared by: Review and Concur: JEFF WINKLEPLECK, PARKS AND PHIL DRELL RECREATION PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT Review and Concur: 7 RAMOIV A. DIAZ CITY MANAGER wp\mem\skatsupr.vsn 2