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HomeMy WebLinkAbout07/01/1991 B A K E R S F I E L D Conni Brunni, Chair Lynn Edwards Mark Salvaggio Staff: Lee Andersen AGENDA CONVENTION CENTER AND COMMUNITY SERVICES COMMITTEE Monday, July 1, 1991 12:00 noon City Manager's Conference Room 1. Request for a Skateboard Park 2. Sound frOm Vehicles Adjacent to Parks 3. Maintenance Districts Citizen Advisory Committee 4. Metropolitan Park and Recreation District RECEIVED ~J~ ~~ MEMORANDUM . _ .. -.~..'-=' ._..- _- ~ .~"..-:~=-_.. ~'-., ~.-[ -- ~- ~-. M~rch 25, TO: Paul Dow, Community Services Manager FR~M: /~'~Jim Ledoux, Recreation Superin~enden~ SU~JECT~ SKATEBOARD FASZL]TY ZNFORMATZON UPDATE. La~e ~as~ year, CounC~]member Pa% DeMond con~ac~ed me re~ues:ing know if further information had been collected regarding skateboard facilities, an issue ~ha~ was addresed by ~he ~hen Aud~orium and Community Services Oommi~ee (repor~ No. 4-8?) a~ ~he Council meeting of January ?, 1989, and ~hen raised again on May 17, 1989, on a public s~a~emen~ by Ma~hew Joseph Gaines. Subse~uen~ ~o ~his ~ublic s~a~emen~ ~he Recreation Division s~ff was d~rec~ed ~o correspond wi~h Mr. Gaines. The correspondence indicated ~o Mr. Gaines ~ha: ~he s:aff would continue'' ~o make inauiries of o~her agencies and ci~ies in an effor~ ~o keep abreas~ of possible changes ~n po]icy in o~her areas, and also ~o de~er- m~ne if a'recommenda~ion should be made by s~aff for ~he O~y ~o reconsi- der ~s position on skateboarding. Several organizations'and ci'~ies were con~ac~ed (~hese in 'addi:ion ~o an ear]ier effor~ ~n December of 1986) regarding skateboarding The ~nd~viduals ~ ~alked'~o, wi~h a brief summary of ~he conversa:ions, ~re as follows: '1. Mrs. Lee, O~lifornia Amateur Skateboard League (7l~) 883-95?0 Mrs. Lee s:a~ed that ska:ebo~rd r~m~s are primarily located. on eas~ coast, ~ha:'~here are very few in southern Califor- nia. She gave me ~he names of several ci:ies :ha: either are opera=lng ramps or have opera,ed ramps in ~he pas: and also sen: me a copy of ~he C.A.S.L. registration form. 2. Ocean City, Maryland Parks and Recrea:ion Depar~men~ C~rol Eber~ar~ (S01) 72S-102S Brough~ in more ~han $2D,DDO revenue 2. Kirkwood, Missour~ Parks and Reczea~ion. De~ar~men~ No longer operating due ~o high :os~ of liability insurance 4. Webster Grove, Zllinois Ann Arbor, Michigan Ohe: Mill 5. Carlsbad, Oalifornia Mike Magill's Skate Club (~19) 59~-B688 Boys'and Girls' Club Affili~:ion ,~ 6'. Redlands, California Parks and Recreati'on"DeDartmen% - - Frank Guerrero " City of Redlands has started cons%ruction on half pipe; however due to budget cuts,-has-stop,ed"work. This facil'i%y-was to be run by City staff and would have been "skate a% your own risk". Redlands is self insured; Risk Management, Building and Safety Department against building ramp but council wants it built. Red]ands City Attorney says if. City really concerned about liability, close all parks, because play apparatus just as dan- gerous as skateboard ramp. · 7. Visalia, California Y.M.C.A. Dave 'Simpson (209) 627-0700 Currently operating'2 half pipes. Stated they have had limited success. Skaters do not have to be member of "Y" to participate. Note: The Y.M.C.A. carries no accident insurance. 8. San Jose, California Department of Parks and Recreation John Guisto (408) 277-4703 City is planning to build and operate facility. There has been some Council discussion on this issue but no official action as of yet. A ten member task force was appointed to study issue and report due to go to Council. If facility established, it will be on a "skate at your own risk" basis. Risk Management against building ramp; City attorney feels other equipment just as dangerous. Insurance. companies not willing to talk about skateboard insurance. 9. Lawndale, California. Parks and Recreation Department Larry Corrington (213) 973-4221 Have held skateboard contest in fron~ of City Hall one time only, may do it again, but not planning to build ramp. 10. Santa Cruz, California Parks and Recreation Department Rudy Quintanar (408') 429-3777 Santa Cruz has had a "skateboard bowl" for years in a City park.. The facility is maintained by the City but is no% operated by the City. There is no admissisn charged, and skateboards skate At Their Own Risk. There have been no law suits to date against the City as a result of the facility. Attached is a copy of a California Amateur Skateboard League regi- tration-form and also information from the Visalia Y.M.C.A. June 5, 1989 TO Paul Dow, Community Services Manager FF:JOM ~ Jim Ledoux, Recreation Superintendent SUBdECT SKATEBOARD FACILITY INFORMATION UPDATE As directed, I contacted several more organizations or cities regarding skateboarding facilities. The individuals I talked to, with a brief summary of the conversations, are as follows: 1. Mrs. Lee, California Amateur Skateboard League (714) 883-9570 Mrs. Lee stated that skateboard ramps are primarily_ located on east coast, that there are very few in southern California. She gave me the names of several cities that either are operating ramps or have operated ramps in the past, and also sent' me a copy of the C.A.S.L. regis- 'tration form. 2. Ocean ~City, Maryland Parks ~hd Recreation Department Carol Eberhart (301) 723-1025 Brought in more than $20,000 revenue 3. ~irkwood, Missouri Pa~ks and Recreation Department (3014) 822-5855 No longer operating due to high cost of liability insurance 4. Webster Grove, Illinois Ann Arbor, Michigan Chet Hill (313) 994-'2U80 5. Carlsbad, California Mike Magill's Skate Club (619) 598-8688 Boys' and Girls' Club Affiliation 6. Redlands, California Parks and Recreation Department .......... Frank Guerrero (714) 798-2513 City of Redlands has started construction on half pipe; however, due to budget cuts, has stopped work. This facility was to be run by City staff and would have been "skate at your own risk" Redlands is self insured, Risk Management, Building and Safety Departments against building ramp, but Council wants it built. Redlands City Attorney says if City really concerned about lia- bility, close all parks, because play apparatus just as dangerous as skateboard ramp. 7. Visalia, California Y.M.C.A. Dave Simpson (209) 627-0700 Currently operating 2 half pipes. Stated they have had limited success. Skaters do not have to be member of "Y" to participate. Note: The Y.M.C.A. carries no accident insurance. 8. San Jose, California Department of Parks and Recreation ~ John Guisto (408) 277-4703 City is planning to build and operate facility. There has been some Council discussion on this issue but no official action as of yet. A ten member task force ~as appointed to study issue and report due to go to Council.. If facility established, it will be on a "skate at your own risk" basis. Risk Management-against building ramp; City attorney feels other equipment just as dangerous. Insurance companies not willing to talk about skateboard insurance. 9. Lawndale, California Parks and Recreation Department Larry Co~rington (213) 973-432t Have held skateboard contest in front of City Hall one time only, may do it again, but not planning to build ramp. Attached is a copy of a California Amateur Skateboard League registration form and also information from the Visalia Y.M.C.A. JL:cr Attachments  NOTARY FORM REQUI~F.D OF ALL MEMBERS UNDER 18 THESE FORMS ARE ABSOLUTELY NECESSARY. THEY MUST BE COMPLETED AND SIGNED BEFORE YOU WILL BE ~TJ~)WED TO COMPETE IN THE C.A.S.L. SERIES. NO EXCEPTIONS: ' "' If you are under 18, your parents or legal guardian must sign the following permission, slip in front of a public notary. ABSOLU~.Y no one may sign in place of parent or legal guardian-not even your Team Manacer. It is against the Law to allow this. We will attach the notarized permission statement to your C.A.S.L. forms. C.A.S.L. PERMISSION FORM , parent/legal guardian of I, ' give said minor my permission to join the California Amateur SkazeDoard League and to participate in all scheduled events of the 1989 C.A.S.L. season. I understand and have been advised that this Permission Form will be attached to my childs; 1) C.A.S.L. Membership application and medical release form; 2)Lia- bility Release Form; 3) C.A.S.L. Behavior Code and 4) Emergency Medical'Card. '::,..2~..,...... I further understand that by signing and having this attachment :?:',?{,'-'~ made, I am agreeing to all terms of the above mentioned forms. " ".:.:~... Signed: ' :" .... Parent/Legal Guardian : ..... "': . O? .:' ...~. :..- - STATE CALIFORNIA , , " "'" ~'~"~i". :~.'-':' '.' ' ..... ..- '::3'.'-~.-': :"- County of' - · " ':":':':":~'"::":::" On '" before me,: th'e unde:ii~n&d, a Notary Public in and .. :.-: .::'.:.--:::... :.:: ..... · .... . :. ........ · '"':' for said State, persona!l~-"aPOeared "':":': - : ::._.,.:... known to' me to be the pers~n' ..whose name zre. subscribed to the .. within instrument and acknowleged that executed the same. .'. :.:..,:..::- ...: .-. . WITNESS My hand and official seal. Signature Name tvoed or orinted .' ."- , oC.A.$.L, n~moershzp $2~.00 (per ~ontest ~son) · C.A.S.L. . . C.A.S.~. ~s a Mn~to~ ~nsuran~ plan w~Ach all ~itive ~ - ~rs must have. T~i plan ~s unoe~r~::en by Transa~rA~ and ~X~ Or C.A.S.L'S ~ 1) $I,000,000.00 ~eneral liability (deducible 2) $ 50,000.00 ~rtici~nt/legal liabilxty 3) $ ]5,000.00 secon~ry ~dica1 coverage ~excess); if none, reverts to pr~y ~r=icipan[ accident Mdical coverage ( deduc='ible 4) $ 5,000.00 life inSuranco/acci6en=al Oeath or 198~ C.A;S.I.. SCHEDULE P*R~r:~: ~e need ~our he~p! call ~rs. I~e @ (714) 8~3-9570 April 22 '& 23 van's Skatepark Mini-ramp 209S Batavia Orange, Ca. ~ ~ay 6 Famk]y Pun Center Preestyle/Crosa- .~, 1041N. Shepard ' Country RaCing & Anaheim, Ca. June 3 San Diego dog's Club Var=guam"ramp h .. location to ~ announced in newsletter June 24 & 25 Depart, men: of Parks/Rec. $=ree~atyle/Tight location to be announced Slalo~ ~an Bernardino, Ca. July 8 Y.M.C.A. Mini-ramp/Tight 1155.Court.Stree: 'Slalo~ Redding, Ca. 'August 5 & 6 City of Lawndale $=reeus:yle/High-jump ~awndale, Ca. September 9 Fam/ly Fun Cancer ~reestyle/Cross- 1041H. $hepard Country Racing ~nahei~, Ca. Oc=ober 7 Van's Ska=epark 2095 aa:avia . NOv~r' 4 .... .": ' · 'r~ily Fun Can:er ~reestyle/Cross- ' ''1041 ~. Sbepard Orange 690 ~. Arid Ave. ~nefi:s: ~an ~:nardino, ' C.A.S.L. Newsle::ers I 5 ~r season) .*~ubl~ ~in: an~ all :rophy ~n=es=s .. head 9asker and Tracker finger ~ard) Comprehensive i~uran=e program · End of ~eries A~ar~ ~ ~ ~ f~ ~ End of Series Ralfle P.O. ~ 30~4 ship card, T-shit: and m~r's gift packaoe. Estimated re~il coal ~ ~, ~ 92413 of :hess i:~s is S50.00 ' age groups for 1989 are: 8 & under ' 12 & under l~ A under 12 & under 15-16 17 & over 17 A over 17 & over ~.7 A over G!RL~ D!VT~!ON~:~aCh division skates as one age group FA~Ry .T~ RIDERS: Skates as one age group MEDICAL EXAMINATION SUBSIDIZED MEMBERSHIP The Visaiia YMCA recommends that The Visalia YMCA will subsidize all adults planning to pamticipate membership in whole, or in part, in physical education activities the need exists. Ask for details consult their physician prior to aC the Service Desk. becoming involved at the YMCA. ACCIDENTS, INJURY OR INCIDENT NON-MEMBER COURSE FEE DISCOUNT All cases oF accident, injury or unusual incidents should be reported .. Non-members may receive a one-time to the staff person on duty at the discount equal to their non-member Service Desk. The YMCA carries no accident insurance, fees, to a maximum of ~SO.O0 per in- dividual or family, with the purchase of any prepaid 12 month membership. Membership must be purchased within CLOTHING 3D Oays oF receipt date(s). Sweatsui~s, leotards, shorts, T-shirts and gym shoes must be wo~___~n in the gym, exercise room, Fitness Training Center, or lobby area. LOST AND FOUND SEBVICE CLUBS ' - Women oF the "¥" We keeO lost articles at the Service Desk For 14 days, after which time Annual dues prorated, all renewal they ars donated to charity, takes place in February. Once-a- month luncheon on the third Th'uraday, in the Social Hall at The YMCA. YMCA CLOSED Evenin~ "¥'m" Men and Mene~e~ Labor Day - September 5, 1988 Annual dues. Twice a month on Thanksgiving - November E4, 1988 Monday evenings they meet For Christmas Eve - December 24, 1988 dinner at 6:30 p.m., in the YMCA (Noon] Club Room. Chris,mas Day - December ES, 19~8 New Year's Eve - December 31, ~988 BmeakFast "Y's" Men (5:00 p.m.] New Year's Day - January ~, 1989 Annual dues. 5very Wednesday Easter Sunday - March ~5, 1989 morning at 6:45 a.m. they meet Memorial Day - May ES, 19£9 at the Y.M.C.A. 4 SKATEBOARD SKATEBOARD CLASSES During skate time the YMCA provides A one-of-a-kind class designed to . supervision, so you can have a tad take the beginning skater [ages 3-BO) rise on the pipes, step-by-step through the basics of mamp and street riding. 2 GREAT HALF PIPES - One is 40 Feet wide, 11 Feet high, with 9~ Feet of TIME: S:OD-1D:DO a.m. transition and plenty of challenging skating surface. The other is a FEE: Member $10.00 "' super Fun mini-ramp 12 fleet wide and Non-Member S3D.DD 5 Feet high. Come in and take advan-. 'rage o.F these mare ramps that only The Visalia YMCA-has to offer! RULES: - Skateboarding is allowed only TIME: T-W-Th-F 4:DO-dark Owning .established hours in SaturSay 1:00-4:00 p.m. designated areas. - NO DRUGS, ALCOHOL, TOBACCD OR FEZ: Member $ S.O0 FOUL LANGUAGE. Non-Member $17.50 - Helmets knee pads, elbow pads A daily pass may be purchased and high top shoes MUST be at the Service Desk For the wcmn to rise. cost oF $2.50 per day. - No wall riding. Additional houms will be scheduled on school holidays. - No Food, or drinks on the ramp. - You mus~ presen~ skate card ~o park. MEM 0 RAN D U M December 3, 1986 TO Paul Dow, Community Services Manaqer FROM Jim Ledot~x, Recreation Superintendent SUBJECT Skateboard Facility Information Following is a summary of the information gathered by the Recreation Division as per'your direction regarding skateboard parks or facilities. I. Cities contacted (Parks & Recreation Agencies) 1. Huntington Beach, California 2. Anaheim, California 3. Lancaster, California 4. Irvine, California 5. North Bakersfield, California 6. Sacramento, California 7. Scottsdale, Arizona 8. Virginia Beach, Virginia II. Organizations contacted 1. Southern California Municipal Athletic Federation 2. YMCA of Visalia 3. YMCA of Bakersfield 4. Boys' Club of'Bakersfield III. Businesses contacted 1. Surf & Turf Facility 15555 Del Mar Avenue San Diego, CA (610) 755-5400 2. Wavelengths Surf Shop 3670 Ming Avenue Bakersfield, CA' (805)..833-140!.. Of the agencies contacted~ only the City of Irvine had actually operated a skateboard park. Community Services Manager, Patricia Fierro, indicated a facility was in operation several years ago at a park location. She stated that the city discontinued operations because the unsupervised park attracted cyclists that consequently caused complaints from nearby residents. The facility operated fort approximately three years but has been demolished. Ms. Fierro indicated, that liability coverage was not an issue during the period'they operated their facility. The YMCA of Visalia presently has a facility under construction which is scheduled to be completed in the near future. Mark Newman, who is the Director of Fitness, stated that the YMCA is'getting into the skateboard business because of local popularity. He indicated that liability coverage ,was not an issue because Mr. Paul Dow Page 2 December 3, 1986 - each YMCA nationwide is covered for $1,000,000 under a blanket plan. The insurance plan which expires in June of 1987, covers any activity sponsored under the YMCA. He-indicated that all YMCA's may become self-insured when the policy expires. In regard to facility charges, rates will not be determined until after completion; however, membership will be required. The local Boys' Club, whose Executive Director is Brent McClanahan, indicated an interest in operating a skateboard park if they can obtain a suitable location. Mr. McClanahan indicated that his organization has been approached in regard to operating a facility. He also stated that the Boys' Club's insurance carrier has been contacted in regard to liability coverage which would cost approximately $3,000 annually. He didn't recall the amount of coverage. Paul Andersen of the local YMCA indicated his organization has a definite interest in operating a skateboard facility, as well as a BMX track; however, they have no location planned. Phyliss. Magness, Assistant Director of Parks & Recreation with the City of Virginia Beach, Virginia, related that their city had operated facilities at three locations since the summer Of 1985, and there have·been no problems. During hours of operation, the facility is supervised. She is sending additional information pertaining to their operation. In regard to the other agencies contacted, none have operated a skateboard park. North Bakersfield indicated a need but opening a facility is not in their plans. The City of Anaheim had a commercially run facility over 10 years ago which operated approximately two years. Scottsdale, Arizona has allowed skateboard promoters to erect temporary facilities on city-property with proper permits, fees paid, and liability coverage. Contact was made with the Wavelengths Surf Shop, 3670 Ming Avenue, where two magazines were obtained pertaining to skateboarding. "Transworld Skateboading" and "Thrasher", which indicates that skateboarding is very popular and widespread at ,' this time. WayneScaarrs, Manager, ·Surf and Turf Facility,.San Diego, was contacted. He related that his facility, which is privately owned and operated, has two (2) skating areas but also includes a mini golf course, a driving range and a tennis · ·club -He stated that they carry no liability insurance on the~skate area. He also stated that if wanted, a limited T~-ability policy could be obtained, but he didn't feel that was any good.. When questioned concerning age restrictions placed on skaters, he replied that it was no problem that all of the participants were Explorer Scouts. Note: The Scouting Program provides insurance for its members. JL:cr MEMORANDUM JUNE 14, 1991' TO: LAWRENCE M. LUNARDINI, CITY ATTORNEY DALE HAWLEY, CITY MANAGER LEE ANDERSON, COMMUNITY SERVICES MANAGER FROM: ALLEN M. SHAW, DEPUTY CITY ATTORNEY RE: REPEAL OF MUNICIPAL CODE SECTION 12.56.050(1) At the last Convention Center and Community Services Committee meeting on Monday 'April 29, 1991, the repeal of an obsolete provision of the municipal code came before the committee' for action. (A copy of the proposed repealing ordinance and the "back up" available to the committee members' is attached to this memorandum as Exhibit "A.") Questions were directed to me regarding: (1) whether and in what respects the old statute was obsolete; and ('2) whether the more recently.enacted ordinance violated the vehicle'code proscription against local reg~.lation of excessively~loud car stereo systems. Since the repealing ordinance and "back up" had been prepared by someone else, I was not able to answer those questions. In that regard I performed follow-up research, and prepared the attached memorandum addressing those issues after the meeting. 'I am circulating that memorandum at this time for your information. AMS:ja REPEAL1.MEM MEMORANDUM June 14, 1991 TO: LAWRENCE M. LUNA~DINI, CITY ATTORNEY DALE HAWLEY, CITY MANAGER FROM: ALLEN M. SHAW, DEPUTY CITY ATTORNEY SUBJECT: REPEAL OF MUNICIPAL CODE §12.56. 050 (1) Vehicle Code §§21 and 27007 preempt Municipal Ordinances regulating sound~systems outside of a vehicle. Vehicle Code §21 captioned "uniformity of Code" reads as follows: "Except as otherwise expresSly provided, the provisions of this code are applicable and uniform throughout the State and in all Counties and municipalities therein and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein." Vehicle Code ~/7~07 in relevant part reads as follows: "No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway, ~ unless that system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution." (Amended 1989). May 6., 1991 Re: Repeal of MUnicipal Code ~12.56.050(1) Page 2 Municipal Code ~9.24.080 entitled "Amplified Sound From Vehicles" reads as follows:. "Except as otherwise allowed under this chapter, no person shall use or operate or permit to be.used or operated a radio, tape player, tape recorder, compact disc player, or any similar device in or attached to a vehicle, whether moving, stopped or parked, occupied or unoccupied, which is audible to a person of normal hearing sensitivity more than 50 feet from said vehicle or, as to any vehicle not located on a public street, so audible-more than 50 feet from the property line of the property on which said vehicle is located. This section shall not apply to acts proscribed by Vehicle Code ~27007 after the effective date of such section, to any sound system being operated to request assistance or to warn of a hazardous situation, to any authorized emergency vehicle or vehicles operated by gas, electric, communications or water utilities. (Ord. 3254 §1, 1989)." Municipal Code §9.24.080 (where it says "this section shall not apply to acts proscribed by Vehicle Code ~27007 ... ") does not violate Vehicle'Code §27007 because it only attempts to regulate activities not subject to Vehicle Code §27007. Municipal Code ~12.56.050 entitled "Prohibited Acts in Parks" prohibits certain acts in parks without a permit. One of those activities is operating a "boom box", if you will, in a park or from any vehicle parked upon any street right-of-way within or adjacent to any park. Municipal Code §12.56.050(1) reads as follows: "Except as allowed under permit issued pursuant to ~5.40.150 [this section no longer exists] operate any, radio, ... on or in any park, or from any vehicle parked upon any · street right-of-way within or adjacent to any park, or in any parking area or lot within .any park ..." May6, 1991 Re: Repeal of Municipal Code §12.56.050.(1) Page 3 The part of Municipal Code §5.40.150 referring to operating a radio from any vehicle parked upon any street right-of-way is preempted by Vehicle Code ~27007. The part of Municipal Code §12.56.050 referring to Municipal Code §5.40.150 is obsolete because §5.40.150 no longer exists. The part of Municipal Code ~12.56.050 referring to the operation of any radio in any parking area or lot within any park has been superseded by Municipal Code §9.24.080. Therefore it would appear that all or almost all of Municipal Code §12.56.050 is either obsolete, preempted, or superseded by State law or other more recent, narrowly drafted Municipal Code sections. If you have further'questions please ask. AMS:kld ~ REPEAL.MEM VICE MA?OR REFERRAL (PROPOSED ORDINANCES ONL?) DATE OF REFERRAL: April 23, 1991 REFERRED TO: CONVENTION CENTER AND COMMUNITY SERVICES COMMITTEE (Lee Andersen) ITEM: SOUND FROM VEHICLES 'ADJACENT TO 'PARKS (Proposed) AN ORDINANCE REPEALING SUBSECTION L. OF SECTION i2.56.050 OF THE MUNICIPAL CODE RELATING TO SOUND FROM VEHICLES ADJACENT TO PARKS. ~aCKqrOund: THE ~EPEAL OF THIS ORDINANCE IS REQUIRED SECAUSE THE SUBJECT MATTER IS COVERED IN SECTION 9.24.080 OF THE MUNICIPAL CODE, AND SECTION 27007 OF THE CALZFORNIA VEHICLE CODE. THE VEHICLE CODE PREEMPTS LOCAL REGULATION IN THE SAME AREAS'. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee on Committee Repor~ No. Sent to Council on Public Hearing on Ordinanc~ Adopted (date) Proposed Ordinance Canceled (dace) Other PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED. THANK YOU cc: Carol Williams Mary Ellen Gonzales 2EFER91.5:jp MEMORANDUM April 10, 1991 ....... ' '":':- TO: Vice Mayor Ken 'Peters0n FROM: Lawrence M. Lunardini, City Attorney Please refer the following proposed repeaI of an ordinance to whichever committee you deem appropriate: 1) SOUND FROM VEHICLES ADJACENT TO PARKS. BackgroUnd: The repeal of this ordinance is required, because the subject matter is covered in Section 9.24.080 of the Municipal Code, and Section 27007 of the h~. California Vehicle Code. The Vehicle Code preempts. ..J~'\ local regulation in the same areas. LML/meg ORD-REFERRAL\ REPEAL.MEM Attachment cc: J. Dale Hawley, City Manager' R. A. Patterson, Police Chief DRAFT O~DT~ANCE NO. AN ORDINANCE REPEALIN~ SUBSECTION L. :~' ': OF SECTION 12.56.050 OF ~ BAKERSFIELD MUNICIPAL 'CODE RELATING TO SOUND FROM VEHI~ ADJ~ TO PARKS. BE IT ORDAINED by the Council of the City of Bakersfield as. follows: SECTION 1. 'Subsection L. of Section 12.56.050 of the Bakersfield Municipal Code is hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after tke d~te of its passage. o0o I b~.~l%y CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of'the City of Bakersfield APPROVED CLARENCE E. M~DDERS 'MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg VEH-RPL.O-4 4/9/91 'MEMO RAN D UM TO: J. DALE HAWLEY - CITY MANAGER FROM: LEE ANDERSEN - COMMUNITY SERVICES MANAGER~ SUBJECT: SKATEBOARD FACILITIES Since 1986, the issue of skateboarding facilities in the City of Bakersfield has received considerable attention. A substantial amount of staff time has been devoted to resolving the concerns 'of its citizens. While there is a definite need for skateparks or ramps, it has been the position of past councilmembers that the City should not authorize the development of such facilities. The risk manager has indicated that liability is high and a claim against the' City could be extremely costly.. He further feels that these facilities are attractive nuisances and would require 24-hour monitoring. In the past, insurance has not been available nor .would our joint powers (insurance pool) cover the cost. "r As 'per my directions, Jim Ledoux, Recreation Superintendent, contacted several cities as well as the California Amateur Skateboard League, to update existing information. The individuals he contacted, along with a brief summary of their conversation, follows. Also, attached for your review are previous reports dealing with this matter. 1) Sonya Catalano, California Amateur Skateboard League (714) 833-2576 Mrs. Catalano' stated that Huntingt°n..Beach, Palo Alto and Saratoga are newest cities to open skateboard facilities. She also said that if the facilities are supervised it reduces the liability. The. skateboard league provides insurance for its membership through Transamerican Insurance Company. 2) Huntington Beach, Community Services Department Bill Fowler (714) 536-5486 Mr. Fowler stated that they are in the process of developing .three facilities in local-'parks. They feel that most accidents occur on irregular surfaces; therefore, all obstacles will be 18" or lower. This facility will be designed as a "people plaza", so that if they decide to ban. skateboarding in the future, the area will still be usable. There is an existing ordinance that allows the City to designate which areas can be used for skateboarding. These areas will not be supervised and safety equipment will not be required. There will be no fees charged. The long range plan is to have a private party operate the facilities on a concession basis. 3) Palo Alto, Department of Recreation, Open Space & Sciences Dave Breeze (415) 329-2510 Palo Alt© opened their skatebowl in January, I991. It is open seven days a week from 8 am to 8 pm. There is no charge. The facility is staffed by temporary employees. Safety equipment is mandatory. The facility is the result of a well organized group having petitioned the City Council. 4) Benecia, Parks and Recreation Department Michael Alvarez (707) 746-4285 Mr. Alvarez was unavailable; however, I was informed that they do operate a facility ("people plaza" design). It is located in a City park, and there is no fee charged. 5) San Jose, Department of Parks and Recreation John Guisto (408) 277-4703 Mr. Guisto stated that a skateboard facility is "still on the drawing, board" and that there had been no change since we last talked in 1990. A summary of that conversation is as follows: "The City is planning to build and operate a facility. There has been some council discussion on this issue but no official action as of yet. A ten-member-task- ' force was appointed to study the issue and report back to Council. If a facility is established, it will be on a "skate at your own risk" basis. Risk management is against building a ramp; the City attorney feels that other equipment is just as dangerous. Insurance companies not willing to talk about skateboard insurance." '.6) Saratoga, Recreation/Maintenance Department Klm saxon-Heinrichs (408) 867-3438 M~s. Saxon-Heinrichs was unavailable; however, she will return on July 2, 1991. They do have a skateboard facility~ Since December of 1986, Mr. Ledoux has contacted more than 30 cities or organizations regarding their policies on skateboarding.. As you can tell from previous memos there are differences of opinions about what should or should not be allowed. Because. of' liability problems, I suggest the City maintain its current position until such time as a viable program can be developed. Aside from the liability aspect, costs to construct, maintain and operate such a facility could be prohibitive. It has also been pointed out that insurance is now available through Transamerica Insurance Company. Who is eligible and what the costs are is currently being researched by the risk manager.