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Home My WebLink About2001-06-12 - AGENDA REPORTS - SCMC AMEND CHAP 12.54 (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Item to be pre DATE: June 12, 2001 SUBJECT: AMENDMENT TO CHAPTER 12.54 OF THE SANTA CLARITA MUNICIPAL CODE DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council introduce an ordinance amending Chapter 12.54 of the Santa Clarita Municipal Code to allow bicycle usage at the Santa Clarita Skatepark, and pass to second reading. In October 1998, the City of Santa Clarita became one of the first California cities to offer its youth a permanent Skatepark at the Santa Clarita Sports Complex (SCSC). Since opening, the Skatepark has attracted several hundred skateboarders, in-line skaters, and scooter riders. Due to its exciting crossover design and features, the Skatepark also attracts BMX bicycle riders who have been traditionally removed from the Skatepark. BMX riders are banned from many skateparks based on the assumption that their bikes damage unprotected elements of the park. The designer of the Santa Clarita Skatepark, L.R. Moss, has indicated that BMX usage poses no greater damage to our Skatepark than the skateboards, in-line skates, or scooters that are currently permitted in the Skatepark. Consistent BMX usage thus far has had less of an impact than Skatepark designers and operators originally anticipated. In his opinion regarding allowing bicycle usage in the Skatepark, Deputy City Attorney John Luebberke stated that Government Code 831.7 defines bicycle racing and jumping, as well as skateboarding, as a hazardous recreational activity in which the City is not liable for any damage or injury resulting therefrom. Bicycle usage has been prohibited at the Skatepark since July 1998. However, hundreds of bikers, skaters, scooter riders, and skateboarders share the Skatepark in a mixed-use environment on a weekly basis. APPROVED Agenda Item: 3 In April of 2001, proponents of bicycle use in the Skatepark attended a City Council meeting, and made presentations to the Parks and Recreation Commission to express their desire to allow bicycle use at the Skatepark. These individuals presented 100 signatures in support of their use of the Skatepark or development of a new site. On May 3, 2001, an item to discuss the feasibility of allowing bicycles to utilize the Skatepark was heard by the Parks and Recreation Commission. Parks and Recreation Commission Recommendation The Commission voted unanimously to permit bikes at the Skatepark on a six-month trial basis, and requested that alterations be made to Skatepark signage. The Commission also requested that the word "bike" be incorporated into the facility's name, and expressed the need for staff to expand designated times for junior users only. ALTERNATIVE ACTION Not amend Chapter 12.54 of the Santa Clarita Municipal Code. Provide Mini-Skateparks at multiple facilities to accommodate bike riders and skaters at an annual cost of $111,020. Other actions as determined by Council. FISCAL IMPACT None ATTACHMENTS (A) Draft Ordinance (B) Letter from Jeff Hutchins, Senior Associate, Lawrence R. Moss & Associates (C) Memo from Burke, Williams & Sorenson, LLP, regarding opening the Skatepark to bicycle use (D) Internet directory of skateparks in California that allow bikes. (E) Signage — Santa Clarita Skatepark Rules (F) Signage — Santa Clarita Skatepark Skaters & Bikers Code of Conduct RG/TC:skh pr\rvunciA\ rL epts\2001 Xbikeinskalepark.do Ms. Cuervo, This letter is to confirm our recent visits to the skatepark and the possibility of opening the park to BMX use. Originally, the skatepark was not designed with BMX use in mind. Due to the increase in BMX activity and the need to accommodate these users, we were asked to re -visit the park and evaluate it for future admittance of bikes. I brought along John Povah, the Schwinn Stunt Team Manager, and one of his team members to evaluate the spacial arrangement of the skatepark elements and their ride -ability. We were also asked to take a look at any damage in the park that may be due to the BMX use already in progress without consent. The Schwinn representatives, after riding the park, found it to be acceptable for BMX. We also noticed that some skateboarders and bladers were using the park at the same time as the BMXers and there didn't seem to be any use conflicts. We also saw some minor damage to concrete edges (not intended to be riding elements) that could be attributed to boards and blades just as much as bikes. Our opinion is that the Santa Clarita Skatepark could be used by BMX. Our recommendation at this time would be to have separate riding sessions for bikes until time that each group is accustomed to the other using the facility. It may also be easier to identify and inventory damage if it occurs. Sincerely, A, eff Hutchins Senior Associate Lawrence R. Moss and Associates I ANDSC; APL .Ji C HI IL C T HL LAWRENCE R MOSS ASLA & ASSOCIATES INC March 29, 2001 3458 OCEAN VIEW BLVD GLENDALE, CA 91208 818 248-5200 Ms. Tymeri Cuervo FAX 818 248-6574 City of Santa Clarita CALIF. LICENSE #1201 Recreation Coordinator Parks, Recreation and Community Services Department 23920 Valencia Blvd. Suite 120 Santa Clarita, CA 91355-2196 Ms. Cuervo, This letter is to confirm our recent visits to the skatepark and the possibility of opening the park to BMX use. Originally, the skatepark was not designed with BMX use in mind. Due to the increase in BMX activity and the need to accommodate these users, we were asked to re -visit the park and evaluate it for future admittance of bikes. I brought along John Povah, the Schwinn Stunt Team Manager, and one of his team members to evaluate the spacial arrangement of the skatepark elements and their ride -ability. We were also asked to take a look at any damage in the park that may be due to the BMX use already in progress without consent. The Schwinn representatives, after riding the park, found it to be acceptable for BMX. We also noticed that some skateboarders and bladers were using the park at the same time as the BMXers and there didn't seem to be any use conflicts. We also saw some minor damage to concrete edges (not intended to be riding elements) that could be attributed to boards and blades just as much as bikes. Our opinion is that the Santa Clarita Skatepark could be used by BMX. Our recommendation at this time would be to have separate riding sessions for bikes until time that each group is accustomed to the other using the facility. It may also be easier to identify and inventory damage if it occurs. Sincerely, A, eff Hutchins Senior Associate Lawrence R. Moss and Associates I ANDSC; APL .Ji C HI IL C T HL BURKE, WILLIAMS & SORENSEN, LLP OFFICE MEMORANDUM TO: Tymed Cuervo, Parks and Recreation Dept. CC: Carl K. Newton FROM: John M. Luebberke, Deputy City Attorney FILE NO. 02012-0503 DATE: Apri124, 2001 RE: Opening Skate Park to Bicycle Use ISSUE Could the City be liable for injury occurring at the City owned Skate Park if it permits bicycle use simultaneously with skating use? ANSWER Probably not. The City would likely be immune under the hazardous recreational activity exception as both activities are considered hazardous recreational activities. This immunity can be further ensured provided that the City clearly warns participants of both hazardous recreational uses. ANALYSIS Hazardous Recreational Activity Government Code §831.7 defines bicycle racing or jumping as a hazardous recreational activity which the City is not liable for any damage or injury resulting therefrom. Health & Safety Code §115800 deems skateboarding a hazardous recreational activity the City can not be liable for if certain requirements are followed. The issue is whether combining these uses simultaneously within the City skate park would remove those immunities or create a dangerous condition of public property. The relevant language in §831.7 is subsection (c)(1) which denies immunity for injuries caused by hazardous recreational activities where the public entity fails "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." In DeVito v. State of California, the plaintiff, who was injured swinging from a fire hose tied to a tree on a hiking trial, argued that the public entity knew of the dangerous condition of the fire hose hanging from the tree next to the slope and had a duty to warn of the dangerous condition of the slope. The court found that the danger, that a person who swings on the hose LA #64396 Q Permitting Bicycles at Skate Park April 24, 2001 Page 2 might fall down the slope, is assumed by the participant as an inherent part of the activity of "tree rope swinging."'. The court in DeVito held that the City does not have the duty to warn of those conditions reasonably assumed in the course of the activity.2 In Perez v. City of Los Angeles, a case similar to DiVito, a minor, was hurt "tree rope swinging" an activity the City knew young children where attracted. The Court stated that the plain meaning of §831.7 "compel [s] the conclusion that the city (or other public entity) is immune from liability for an injury which results from a hazardous activity... unless the injury was suffered at least in part because the city... failed to warn or guard against some additional "dangerous condition" (or other hazardous recreational activity) for which no immunity is specified and which is not an "inherent part" of the risk presented generally by the specified hazardous activity."3 The court provided an example of the type of dangerous condition the city would be required to provide a warning. "Falling from a rope down the slope of a hill or ravine would classically be assumed by the participant as an inherent part of the activity for "tree rope swinging." However, if a person were to swing from a rope and jump into a body of water where, to the rope swinger's surprise, there were, for example, dangerous piranhas or crocodiles whose presence was known by the public entity, liability could be premised on the public entity's failure `to guard or warn of a known dangerous condition' i.e., the dangerous fish or reptiles, despite the legal characterization of tree rope swinging as a hazardous recreational activity. In the instant case, there is no additional "dangerous condition."4 In the present matter, the City is proposing to allow the hazardous recreational activity, of bike racing and jumping to be engaged in at the skate park simultaneously with the hazardous recreational activity of skating. Risks from bike riders are not reasonably assumed by those skating at the nark. s such. the Citv may be Liable for failin_; to _card ur %v.uu of thi, uew ri.k. Therefore, the City strouid clearly warn that there may De orcycle ndmg ano state ooardrng simultaneously occurring at the park and that participants should take extra care to protect against the possible risks resulting therefrom. Dangerous Condition of Public Property A dangerous condition of city property generally means a structural defect. However, a dangerous condition may be found where the property, used in a manner that is reasonably foreseeable, creates a substantial risk of injury.5 Under the facility operator line of cases, an Id. (1988) 202 Cal. App 264, 272. Z Id. 3 Perez, (1994) 27 Cal. App. 4th 1380, 1383. Id. 5 Ouelvog v. City of Long Beach, (1970) 86 Cal Rptr 127. Permitting Bicycles at Skate Park April 24, 2001 Page 3 operator of a sporting facility has a duty to use due care not to increase risks to a participant over and above those inherent in the sport. In Branco v. Kearny Moto Park. Inc., an operator of a motocross course was found to have a duty to the bike racer where the racer was injured on a bicycle jump designed in a manner that increased those risks .6 In Branco the design of the course created the dangerous condition which is different from the present situation where the use of the park by both bikes and skaters may cause a dangerous condition. As such it is unclear whether adding the bike use would be considered increasing the risk if the sport where no design changes are made. Under this analysis, if it can be shown that the park itself is designed properly for both uses and does not contain a defect, then a plaintiff would only be left with a cause of action against the other party or parties involved in the accident. If an accident occurs solely due to third -party conduct, the City will generally not be liable. However, proving that no defect in the park contributed to the accident may be costly because such matters usually involve questions of fact that must be decided at a trial. CONCLUSION The City should keep in mind the issues discussed above if it decides to condone bicycle use in the skate park. Also, if the City decides to allow both uses to have simultaneous access it should post clear warnings. The City may also wish to consider re -naming the facility to include an express reference to the fact that bicycle use is permitted. c Id. 43 Cal. Rptr. 2d 392. BMXonline.com I Ride I CA. Park Directory BMXonline Subscribe News Interviews Feature Stories Event Calendar Event Coverage Focus Scene Report Road Trips Reader Input How To's Bike Check Buyer's Guide Products Music Reviews Video Reviews Ride Gear Bike Shop List Park List Free Downloads Live Chat Message Board Classifieds Email Us AM.:d1.17n, mx CA. Bike Parks (back to search) Name: Benicia Skatepark Location: Address Not Available Benicia, CA USA Phone: 0.0.0.0 Cost: Free. Website: N/A Are Bikes Allowed: Bikes OK when not crowded Description: Three-foot banks, outdoor, no pads required (officially an amphitheater). Name: Derby Skatepark Location: Address Not Available Santa Cruz., CA USA Phone: 0.0.0.0 Cost: Free. Website: N/A Are Bikes Allowed: Bikes OK when not crowded Description: Details: Banks, snake run, no pads required. Name: Escondido Sports Center Location: 333 Bear Valley Parkway Escondido, CA USA l—SEARCH Phone: 760.073.5425 I Cost: $4410 Website: N/A advanced search Are Bikes Allowed: Wecnesday and Sunday Visit Snap BMX Page 1 of 4 http://www.bmxonline.com/ride/parks/results.cfm 1/26/2001 BNIXonline.com I Ride I CA. Park Directory subscribe to Description: Hips, jump, street course, mini with sMxslett s E -newsletter spine, bowl, and hip, vert ramp, outdoor, pads "The Grip" required. THE GRIP archives Name: FGO Skatepark Location: Address Not Available Pleasanton, CA USA Phone: 0.0.0.0 Cost: Free. Website: N/A Are Bikes Allowed: Bikes OK when not crowded Description: Hips, grind box, small street course, outdoor, pads recommended. Name: Ground Zero Skatepark Location: 1162 Noble St. Madera, CA USA Phone: 209.966.1819 Cost: Free. Website: N/A Are Bikes Allowed: Thursday and Sunday Description: Rectangle/figure-eight bowl with spine, vert walls, street course, vert ramp, indoor, pads required. Name: Modesto Skatepark Location: Forest Glen Dr. at Sylvan Ave Modesto, CA USA Phone: 0.0.0.0 Cost: Free. Website: N/A Are Bikes Allowed: Monday -Sunday Description: Bowls, hips, snake -run, small street course, outdoor, pads recommended. Name: Monterey Bay SK8 Station Location: 1855 East Ave. Sand City, CA USA Phone: 831.189.7587 Page 2 of 4 http://www.bmxonline.com/ride/parks/results.cfm 1/26/2001 BMXonline.com I Ride I CA. Park Directory Page 3 of 4 Cost: 10 Website: N/A Are Bikes Allowed: Monday Description: Mini ramp, vert ramp, street course, indoor, pads required. Name: Santa Maria YMCA Skatepark Location: 3400 Skyway Dr. Santa Maria, CA USA Phone: 805.593.8521 Cost: 15 Website: N/A Are Bikes Allowed: Friday Description: Vert ramp, sub box, street course, mini, outdoor, pads required. Name: Sk8 Underground Location: 24550 Sunnymead Blvd. Moreno Valley, CA USA Phone: 909.992.4573 Cost: $5410 Website: N/A Are Bikes Allowed: Monday -Friday Description: 7 -foot mini spine with elbow,5-foot mini spine with hip,2 jump boxes, street course, vert ramp, outdoor, pads required. Name: Skate Street Location: 1990 Noble St. Ventura, CA USA Phone: 805.565.1213 Cost: $549 Website: N/A Are Bikes Allowed: Monday and Wednesday Description: Vert ramp with escalator, seven -foot bowl, vert wall and 1/4pipes, mini, street course, indoor, pads required. Name: Vans Skatepark Location: 20 City Blvd. West http://www.bmxonline.com/ride/parks/results.cfm 1/26/2001 3MXonline.com I Ride I CA. Park Directory Orange, CA USA Phone: 714.476.3800 Cost: $9-$14 Website: www.vansshoes.com Are Bikes Allowed: Tuesday and Thursday Description: Vert ramp, Combi-pool, two street courses, mini bowls, bowl with spine and hips, indoor/outdoor, pads required. Park List_ Main Page RIDE Home Sejarchrch BMXonline I BMXonline (c)2000 Times Mirror Interzines, a division of Tirnes Mirror Magazines. Privacy policy Visit our other sites Page 4 of 4 http://www.bmxonline.com/ride/parks/results.cfm 1/26/2001 S KATEPARK City of Santa Clarita Skatepark Rules • Safety protection required. 12.45.030 & 12.54.040 SCMC L.A. County Sheriffs Dept. 661-255-1121 • Skateboards, Skates, Bicycles and Scooters only. NO FOOT TRAFFIC. • Please observe park hours- 7 a.m. to 9:30. • Please keep noise to a minimum. Protect your skatepark from graffiti and abuse. • Keep food or drink off the skating surface. • No glass or litter in and around the skating area. • Additional obstacles or other materials (ramps/jumps) may not be used at the Skatepark. • Do not use the facility if a hazardous condition exists. Report any damage or hazardous condition to the City of Santa Clarita at 661-284-1458. • All organized events shall have written approval from the Director of Parks, Recreation, and Community Services. WARNING Skateboarding, Skating and Bicycle use are hazardous recreational activities. Use of this facility may result in death, paralysis, brain damage, concussion, broken bones or other serious injury. Any use is at your own risk (California Government Code Section 831.7, and Health and Safety Code 115800). The City of Santa Clarita does not assume any responsibility for injuries. City of Santa Clarita Skater's & Biker's Code of Conduct Keep Your Sport Alive & Well O No Alcohol or Drugs O Graffiti is Uncool - Don't Tag O Don't vandalize O Skate or bike in designated areas only O Don't litter - put trash where it belongs O No Profanity O Be courteous; watch out for younger ones O Don't skate or bike when it's wet or raining O Observe hours of the park 1 All users are required to wear helmet & pads SCMC 98-17 Please abide by the above code of conduct so that the Skatepark can remain open for you. When the Parks, Recreation, and Community Services Department has to make repairs due to vandalism, the Skatepark will close until the vandalism is repaired. Thanks for your cooperationl If you want to skate & bike - Follow the rules! IT'S UP TO YOU! PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on June 12, 2001, the City Council of the City of Santa Clarita introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 12.54 OF THE SANTA CLARITA MUNICIPAL CODE TO ALLOW BICYCLE USE IN SKATEPARK A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita, and/or a copy may be obtained from that office. Dated this 14' day of June, 2001. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, June 14, 2001, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita