Legislation Details

File #: HIST-10489    Version: 1 Subject:
Type: Historical Status: Action Item
In control: PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
On agenda: 2/3/2009 Final action: 2/3/2009
Title: Consideration of a Recommendation to City Council Regarding the Reassignment of Parks and Playgrounds Recreation Leaders to Provide Supervision at the Culver City Skate Park.
Attachments: 1. Consideration of a Recommendation to City Council - ItemA1SkatePark.doc, 2. Consideration of a Recommendation to City Council - ItemA1SkateParkattachment.pdf
City of Culver City, California Parks, Recreation and Community Services Commission Agenda Item Report Meeting Date: _02/03/09__ Item Number: _A-1 AGENDA ITEM: Consideration of a recommendation to City Council regarding the reassignment of Parks and Playgrounds Recreation Leaders to provide supervision at the Culver City Skate Park. Contact Person/Dept.: Pam Robinson, Recreation Manager Phone Number: (310) 253-6632 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: PRCS Master Notification List (01/29/09). Department Approval: Pam Robinson, Recreation Manager (01/28/09) City Attorney Approval: N/A Chief Financial Officer Approval: N/A City Manager Approval: N/A RECOMMENDATION: Staff recommends that the Parks, Recreation and Community Services Commission consider making a recommendation to City Council regarding the option of reassigning Parks and Playgrounds Recreation Leaders to provide supervision at the Culver City Skate Park. BACKGROUND: The Parks, Recreation and Community Services Commission, at its November 6, 2008 meeting, took action to make the following recommendations to the City Council regarding operations of the Culver City Skate Park: 1. Supervision: That the Skate Park operate as a supervised facility with established operating hours during which City staff is on-site to monitor participant entry/exit and rule compliance and recommending the hours of operation outlined in City-Staffed Supervision Option B of the staff report; and 2. User Fees: That the Skate Park user fees proposed in the report be established. The staff report from the November 6, 2008 Commission meeting is provided as Attachment A; the meeting minutes are provided as Attachment B. The City Council, at its December 1, 2008 meeting, considered the implementation of supervision at the Skate Park, approval of budget amendment(s) for staffing costs related to supervision and/or additions to the Skate Park facility, and adoption of user fees. In considering the options for providing City-staffed supervision and funding allocation, the City Council indicated interest in reassigning existing Recreation City of Culver City, California Parks, Recreation and Community Services Commission Agenda Item Report Leaders from the Parks and Playgrounds program to provide supervision at the Skate Park. The City Council requested that staff provide an analysis of the effects such reassignment would have on current Parks and Playgrounds staffing. DISCUSSION: Currently the Parks and Playgrounds program is in place at eight park facilities: Blanco, Culver City, Culver West Alexander, El Marino, Fox Hills, Syd Kronenthal, Lindberg and Veterans’ Memorial Parks. Recreation Leaders organize and oversee free drop-in activities, encourage compliance with park rules, provide customer service to park patrons, collect information pertaining to park usage, and assist with maintaining cleanliness in the parks. The current Parks and Playgrounds salaries budget of $193,319 provides approximately 13,560 part-time staff hours per year. Approximately 25% of these hours are dedicated to non-school year staffing (late June – early September) with the remainder committed to school year staffing and training. Staff reviewed the number of hours Recreation Leaders are assigned to each of the Parks and Playgrounds sites and the number of staff hours needed to provide supervision at the Skate Park for each option identified in the Skate Park Supervision staff report of November 6, 2008. Recreation Leader reassignments from current parks to the Skate Park were proposed based on park usage and the presence of other PRCS staff on site. Using these criteria, the most significant reassignments occurred at Culver City, El Marino, Lindberg and Veterans’ Memorial Parks dependent on the selected Skate Park hours of operation (option A, B or C). Staff sought to maximize the number of hours Recreation Leaders were present in the parks during peak-use while maintaining the greatest amount of scheduling consistency across parks. Were supervision at the Skate Park to be implemented using existing Parks and Playgrounds staff, the Recreation Division would continue to evaluate the scheduling changes and further adjust the distribution of Recreation Leaders as appropriate. A summary of how Recreation Leaders may be reassigned to fulfill the supervision needs of the Skate Park is presented in the tables below. A graphical representation of the overall percentage of the Parks and Playground staff hours allocated to each park is presented in Attachment C: Parks and Playground School Year Staffing and Attachment D: Parks and Playground Non-School Year Staffing. City of Culver City, California Parks, Recreation and Community Services Commission Agenda Item Report Current Option A Option B Option C Blanco 14 14 10 8 Culver City 14 0 0 0 Culver West Alexander 39 34 30 28 CWA: 2nd Staff hrs/wk 25 20 20 20 El Marino 14 0 0 0 Fox Hills 39 34 30 28 Lindberg 29 14 10 0 Kronenthal 44 34 30 28 Veterans 39 14 10 8 Skate Park 0 38 47 63 Skate Park: 2nd Staff hrs/wk 0 38 47 63 Skate Park: 3rd staff hrs/wk 0 0 0 0 School Year Total Hours Staffed per Week Park Current Option A Option B Option C Blanco 29 10 10 10 Culver City 39 0 0 0 Culver West Alexander 44 35 35 30 CWA: 2nd Staff hrs/wk 30 25 25 20 El Marino 44 10 10 0 Fox Hills 44 35 35 30 Lindberg 39 35 35 10 Kronenthal 44 35 35 30 Veterans 44 35 10 10 Skate Park 0 70 70 70 Skate Park: 2nd Staff hrs/wk 0 70 70 70 Skate Park: 3rd staff hrs/wk 0 49 49 49 Park Non-School Year Total Hours Staffed per Week Staff foresees a number of challenges in reassigning Recreation Leaders in order to provide staff supervision at the Skate Park. With the exception of the Skate Park, reassigning staff would decrease the average Parks and Playgrounds staff shift from 5-7 hours to 4-5 hours. The Recreation Division expects this may create additional difficulty in the recruitment and retention of part-time Parks and Playgrounds Recreation Leaders. Staff further expects that such reassignments would reduce the level of customer service provided to park patrons and availability of drop-in recreation programs. In addition, decreased supervision may lead to greater misuse of fields. The Recreation Division continues to build the Parks and Playground program with the long-term goal of growing the program to include nine City Parks with Recreation Leaders in parks for 5-8 hours a day. Staff estimates that doing so would require a budget of $278,416, an increase of 44% over the current Parks and Playgrounds budget. In contrast, if the Parks and Playgrounds program were to begin providing supervision at the Skate Park, this in effect decreases the budget available to other parks by 37% - 53% annually. City of Culver City, California Parks, Recreation and Community Services Commission Agenda Item Report To minimize the effects of reassigning Parks and Playgrounds Recreation Leaders, the Commission may wish to consider the following: • Recommending that the Skate Park hours be adjusted to have greater consistency with the Parks and Playgrounds program hours; • Recommending that the 3 rd Recreation Leader proposed at the Skate Park during the non-school year period be eliminated, and these 490 hours be made available to provide staff at other parks; or • Other recommendations from Commissioners. The City Council is scheduled to consider the implementation of supervision at the Skate Park, including the option of reassigning Parks and Playgrounds staff, at its February 9, 2009 meeting. Though materials for that meeting will have been finalized prior to this discussion by the Commission, any recommendation made by the Commission will be provided to the City Council on or before February 9, 2009. FISCAL IMPACT: There is no fiscal impact associated with the discussion of this agenda item. ATTACHMENTS: A. November 6, 2008 PRCS Commission Agenda Item A-2. “Consideration of a Recommendation to City Council Regarding Options for Supervising the Skate Park and Establishing User Fees” B. Excerpt of the Minutes of the November 6, 2008 PRCS Commission Meeting C. Comparison Graphs for Parks & Playgrounds: School Year Staffing D. Comparison Graphs for Parks & Playgrounds: Non-School Year Staffing MOTION: That the Parks, Recreation and Community Services Commission: 1. Recommend to the City Council that if City-staffed supervision is to be provided at the Skate Park that staff from the Parks and Playground Program are reassigned to provide such supervision; or 2. Recommend to the City Council that if City-staffed supervision is to be provided at the Skate Park that staff from the Parks and Playground Program are not reassigned to provide such supervision; and/or 3. Provide staff with additional comments. MEETING DATE: February 3, 2009 AGENDA ITEM: Consideration of a recommendation to City Council regarding the reassignment of Parks and Playgrounds Recreation Leaders to provide supervision at the Culver City Skate Park. ATTACHMENTS Page A. November 6, 2008 PRCS Commission Agenda Item A-2. “Consideration of a Recommendation to City Council Regarding Options for Supervising the Skate Park and Establishing User Fees” 1 - 44 B. Excerpt of the Minutes of the November 6, 2008 PRCS Commission Meeting 45-46 C. Comparison Graphs for Parks & Playgrounds: School Year Staffing 47 D. Comparison Graphs for Parks & Playgrounds: Non- School Year Staffing 48 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report Meeting Date: _11/06/08__ Item Number: _ A-2 AGENDA ITEM: Consideration of a Recommendation to City Council Regarding Options for Supervising the Skate Park and Establishing User Fees. Contact Person/Dept.: Bill La Pointe, Director of Parks, Recreation and Community Services Phone Number: (310) 253-6655 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: PRCS Master Notification List (10/30/08); Courtesy Advance Email Notification to all PRCS Distribution Lists and the City Master Email Notification List (10/27/08; n=1,193) PRCS E-Mail List of Skate Park Stakeholders (10/24/08; n=30); Posted Notices (10/24/08 through 11/06/08). Department Approval: Bill La Pointe, Director of Parks, Recreation and Community Services (10/28/08) City Attorney Approval: N/A Chief Financial Officer Approval: N/A City Manager Approval: N/A RECOMMENDATION: Staff recommends that the Parks, Recreation and Community Services (PRCS) Commission consider making a recommendation to City Council regarding options for supervising the Skate Park and establishing user fees. BACKGROUND: Pertinent discussions and activities with regard to the operation of the Culver City Skate Park and actions taken by the City Council (‘Council’) and/or the Parks, Recreation and Community Services Commission (‘Commission’) are summarized in the table below: DATE ACTION / ACTIVITY 04/28/2003 The Council approves submission of a Land and Water Conservation Fund (LWCF) grant application for funding a permanent skateboard park which is subsequently granted. 08/22/2005 The Council awards a professional services agreement to SITE Design Group, Inc. to design a permanent skateboard park at Culver City Park and a final site plan is developed. 8/13/2007 to 8/20/2007 Upon the Commission’s recommendation (as per the meeting of 08/07/2007), the Council introduces an Ordinance amending Culver City Municipal Code Section 9.10.300(B) to authorize the Council to establish, by Resolution, Skateboard Park Rules and Regulations and adopts the Resolution. ATTACHMENT A 1 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report (note: effective 11/20/07) As a result of the adoption and the posting of the Skateboard Park Rules and Regulations, the City is in compliance with Section 11580 of the California Health and Safety Code and, therefore, the City can classify skateboarding as a “hazardous recreational activity” and qualify for certain immunity to liability with respect to this type of activity as per California Government Code 831.7. These State Codes are provided as Attachments A and B. 11/01/2007 The Council and Commission Skateboard Park Subcommittees meet with staff to recommend continuing operating as an unsupervised park as outlined in State Law and recommend: improved enforcement of existing rules, locking the Skate Park; increased lighting to improve visibility of the locking mechanism; preparing additional signage and creating an incentive program to increase rule compliance. 11/06/2007 The Commission reviews the Subcommittees’ report and takes action to indicate to Council that they recommend: the Skate Park remain unsupervised; be locked when closed; an increase in the frequency of rule enforcement; exploration of incentive programs to encourage rule compliance; installation of additional signage regarding proper safety gear. 11/19/2007 The Council considers and takes action to support the recommendation of the Skateboard Park Subcommittees and the Commission to continue operating the Skate Park as an unsupervised park as outlined in State Law and directs staff to implement various other enforcement and incentive activities to promote rule compliance. 5/06/2008 The Council and Commission Skateboard Park Subcommittees meet with City staff to discuss challenges arising at the park. Agreement is reached to convene again once the new Commission is seated in July. (However, due to scheduling conflicts the group is unable to convene.) 8/27/2008 and 9/11/2008 The Council and Commission Skateboard Park Subcommittees meet with City staff to discuss supervision alternatives for the Skate Park, fiscal implications and additional recommendations to staff. The Subcommittees reach general agreement that supervision of the Skate Park may be in the best interest of all parties concerned. Draft minutes from these meetings are included as Attachment C. 9/04/2008, 10/07/2008 and 10/22/2008 The Commission receives updates from the Subcommittee members (Chair Shapiro, Commissioner Hudson), makes inquiries of staff and receives public comment regarding possible supervision of, user fees for, and additions to, the Skate Park. The Commission requests the item be scheduled for further discussion at the meeting of November 6, 2008. 10/14/2008 The Council and Commission Skateboard Park Subcommittees meet to review information from staff. The Subcommittees express concerns about the fiscal impact of supervising the Skate Park particularly given current economic conditions. The Subcommittees propose a variety of recommendations for staff to explore including providing options for limiting the hours of operation, establishing specific hours for designated user groups (e.g., adults, younger children, etc), and utilizing volunteers to support supervision efforts. * Staff reports and/or minutes from the above referenced meetings are available on the Culver City website in the past agendas and meetings archives. 2 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report DISCUSSION: In the year since its opening, the operations of the Skate Park have been the subject of ongoing Council, Commission and Subcommittee discussions with most recent conversations focusing on possible options for supervising the Skate Park and establishing user fees. As discussed in Attachment C, the Subcommittees identified several key factors in evaluating the merits of, and method(s) for, changing Skate Park operations, the most paramount being the safety and wellbeing of participants, park users and staff. A brief report of injuries incurred at the Skate Park since its opening in October 2007 is included as Attachment D. To reduce the likelihood of injury to (almost) zero one option would be to close the Skate Park. Other options discussed below outline options for the Commission’s consideration in the following areas: (1) Skate Park Supervision, (2) Skate Park User Fees and, (3) Additions to the Skate Park Area. 1. Skate Park Supervision Possible options for supervising the Skate Park and the associated fiscal implications are noted below and summarized in Attachment E, Tables 1 - 3. Options include, but are not limited to: a. No changes: Continue operating as an unstaffed facility with periodic oversight provided by Parks and Playgrounds Staff, the Park Patrol and the Culver City Police Department. The City thereby maintains certain immunities to liability as per State Code. • As this is current practice, there is no additional fiscal impact. b. Volunteer supervision: Begin operating as a volunteer ‘staffed’ facility with trained volunteers on-site to monitor participant entry/exit and rule compliance. In the interest of preserving participant safety and City liability protections, staff does not recommend sole utilization of volunteers to provide supervision at the Skate Park. Staff welcomes the opportunity to engage volunteers and could explore such a program at a future date. In isolation however, staff feels that using volunteers exclusive of staff has the potential to create an unsafe situation for users and/or volunteers and a greater liability on the City. • No fiscal impact at this time. If a volunteer program were to be initiated, costs incurred may include staff time, volunteer training, publicity, etc. c. City-staffed supervision: Begin operating as a staffed facility with Recreation staff on-site to monitor participant entry/exit and rule compliance. If the City were to provide supervision at the Skate Park, the immunity afforded by law may be significantly compromised. Implementing a policy and practice for participant liability waivers could preserve City immunity except in circumstances of gross 3 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report negligence and known dangerous conditions. (Given the relative newness of the statute there is no prevailing precedent to help determine the extent/nature of any such protection as provided by Law.) • Staff has proposed three options for hours of operation and projected revenue and expenses associated with City-staffed supervision. These are presented in Attachment E, Table 1 as options A, B and C. (Option B includes an opportunity for adult-only skating. Time-specific skating could be implemented for other user groups as well at times later determined by staff based on the operating hours selected.) • Staff has also proposed supplemental revenue options (lessons, events and sponsorships) that may be used to further offset the cost of operating the Skate Park. These options are presented in Attachment E, Table 1. • Staff has proposed user fees to recover a portion of costs and believes the Skate Park could be expected to achieve a cost recovery of 40-50%, consistent with the Recreation Division overall recovery rate of approximately 50%. The proposed fees are presented in Attachment E, Table 2. (See also Skate Park User Fees below) • If the proposed user fees are implemented, staff estimates the net impact to the City’s General Fund in the first year of operation could range from a low of $28,537 to a high of $50,674 depending on the option(s) selected. d. Contract-staffed supervision: Begin operating as a staffed facility by entering into a contract with a skate park management organization for on-site monitoring of participant entry/exit and rule compliance. The contracted entity would be required to hold an insurance policy identifying Culver City as an additional insured. (As noted above, such limits to liability are subject to interpretation.) • Staff has received a preliminary proposal from a skate park management organization that operates facilities for a number of municipalities around the country. Proposed hours of operation and projected revenue and expenses are presented in Attachment E, Table 3. Revenue estimates include admissions, concessions, special events and sponsorships. • Though specific user fees were not proposed, the contractor estimates cost recovery of approximately 50%. • The proposed costs received from the contractor estimate the net impact to the City’s General Fund in the first year of operation at approximately $101,000. 4 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report 2. Skate Park User Fees If the Parks, Recreation and Community Services Commission recommends the Skate Park operate as a supervised facility, staff recommends the costs for supervising the facility be supported by a combination of General Fund resources and moderate user fees to partially recover costs. As noted above, proposed user fees are presented in Attachment E, Table 3. In the absence of user fees, the City’s General Fund would need to fund the full cost of supervision thus having a more significant negative impact on programs previously funded in the 2008-09 Adopted Budget. In the absence of support from the General Fund, very high user fees would need to be charged to completely recover costs, a strategy likely to be unsuccessful. In projecting user fees and revenues, staff reviewed information for various skate parks, primarily comparable sites in the cities of Santa Monica and Torrance. Information from these parks is provided in Attachment F. Though this information was used to help inform staff’s recommendation, it is important to recognize that fee comparisons between cities are challenging due to the inherent differences across cities (collective bargaining agreements, benefits provided, cost recovery policies, etc). Though user fees of this nature do not, by law, require a public hearing, the City Council and PRCS Department would generally observe the following process to establish user fees to encourage community input in the process: i. A public meeting (in the form of a City Council meeting) is scheduled to consider adopting a resolution establishing the proposed fees. ii. Public notices are published in a local newspaper of general circulation in the City not less than 14 days prior to the meeting. Additional noticing is conducted as deemed appropriate by the PRCS Department Director. iii. Public comment in the form of correspondence or audience testimony is received by the Council at the meeting. iv. City Council, after receiving public comment and a staff report, may continue the item or take action. If continued, additional notices are published and the process repeats until the City Council takes action to/not to adopt the fees. Were supervision and/or user fees to be adopted by the City Council, staff would implement further noticing to ensure users have knowledge of the change prior to it taking effect. Further, staff would encourage community groups such as the Parks and Service Foundation or the Culver City Exchange Club to consider making Skate 5 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report Park passes an eligible use for funds these groups make available to support the participation of youth from low-income families. 3. Additions to the Skate Park area The Parks, Recreation and Community Services Commission may also wish to consider a recommendation pertaining to additions to the Skate Park area as a complement to, or independent of, recommendations made for supervision and/or user fees. Possible improvements and their associated fiscal implications are noted below and summarized in Attachment G. Projects include but are not limited to: a. Staff Accommodations: Provide a staff area for supervising participants, tracking attendance, collecting fees (if implemented) and the capacity to contact emergency personnel if necessary. This area can range from a simple staff chair and tent to a fully-functioning building. • Minimum: Staff has prepared an estimate for providing an outdoor on-site staff area. Inclusive of a radio connected to the City’s emergency communications system, a small shade tent and seating, the cost is estimated at $ 4,400 as outlined in Attachment G. • Maximum: Engineering staff has prepared estimates for a traditionally- built or a modular-built facility. Inclusive of materials, construction, a drinking fountain and office equipment, the cost is estimated at $166,950 - $245,886 as outlined in Attachment G. o The skate park management company mentioned previously has indicated a capital facility would be a prerequisite to securing their services. b. Permanent Water Fountain: Installation of a water fountain adjacent to the Skate Park. • Infrastructure such as a water connection would be necessary. A sewer connection is preferred but not required. • Staff estimates a stand-alone water fountain without a sewer connection could cost up to $13,000 depending on the proximity of a water line. c. Video Surveillance Equipment: The installation of video surveillance equipment was approved by a previous City Council, however the current Council may wish to reconsider the issue and/or make a determination as to the exact nature/function of the equipment. • Staff estimates the cost of materials and installation at $26,000. 6 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report As these projects are not included in the adopted 2008-2009 Capital Improvement Project Budget, their implementation would be contingent on securing funding as per the direction of the City Council, if any. Staff estimates that securing funding and completing construction could be expected to take 9-18 months depending on the selected projects. FISCAL ANALYSIS: Though the decision to approve a budget amendment and appropriate funds is the responsibility of the City Council, the Parks, Recreation and Community Services Commission may wish to consider the financial impact to the City in making their recommendation(s). The fiscal implications of each of the preceding options are summarized in Attachments E and G. ATTACHMENTS: A. California Health and Safety Code Section 115800 B. California Government Code Section 831.7 C. Draft minutes of the August 27, 2008 and September 11, 2008 Joint Meetings of the City Council and Parks, Recreation and Community Services Commission Skateboard Park Subcommittees D. Report on Injuries Incurred at the Skate Park Since Its Opening in October 2007 E. Skate Park Supervision & User Fee Options F. Operations Information for the Cities of Santa Monica and Torrance Skate Parks G. Expenditures for Additions to the Skate Park Area MOTIONS: That the Parks, Recreation and Community Services Commission: 1. Recommend to the City Council that the Culver City Skate Park operate as an unstaffed facility with periodic oversight provided by Parks and Playgrounds Staff, the Park Patrol and the Culver City Police Department as is current practice; or 2. Recommend to the City Council that the Culver City Skate Park operate as a supervised facility with established operating hours during which City-staff is on- site to monitor participant entry/exit and rule compliance; and further recommend the Skate Park hours of operation as outlined in Option (A, B, or C) and the user fees proposed in this report; or 7 City of Culver City, California Parks, Recreation and Community Services Agenda Item Report 3. Recommend to the City Council that the Culver City Skate Park operate as a supervised facility with established operating hours during which Contract-staff is on-site to monitor participant entry/exit and rule compliance; and further recommend staff work towards a proposal that includes user fees similar to those proposed in this report; or 4. Recommend to the City Council that the Culver City Skate Park be closed (indefinitely or permanently). and 5. Recommend the City Council fund one or more of the additions to the Skate Park area outlined in this report: staff accommodations, permanent water fountain, and/or video surveillance equipment. and/or 6. Provide staff with additional comments. 8 MEETING DATE: November 6, 2008 AGENDA ITEM: Consideration of a Recommendation to City Council Regarding Options for Supervising the Skate Park and Establishing User Fees. ATTACHMENTS Pages A. California Health and Safety Code Section 115800 1 - 2 B. California Government Code Section 831.7 3 C. Draft minutes of the August 27, 2008 and September 11, 2008 Joint Meetings of the City Council and Parks, Recreation and Community Services Commission Skateboard Park Subcommittees 4 - 9 D. Report on Injuries Incurred at the Skate Park Since Its Opening in October 2007 10 - 14 E. Skate Park Supervision & User Fee Options 15 - 16 F. Operations Information for the Cities of Santa Monica and Torrance Skate Parks 17 - 34 G. Expenditures for Additions to the Skate Park Area 35 9 CALIFORNIA HEALTH AND SAFETY CODE SECTION 115800 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 12 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. However, nothing in this section is intended to abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (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, 2012. 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. ATTACHMENT A|1010| 10CALIFORNIA HEALTH AND SAFETY CODE SECTION 115800 (continued) (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, 2011, 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, 2012, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2012, deletes or extends that date. 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) This section shall become operative on January 1, 2012. |1010| 11ATTACHMENT B|1010| 12Draft Minutes of the Joint Skate Park Subcommittee Meeting on August 27, 2008 These minutes are not official until approved by the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee. JOINT MEETING OF THE August 27, 2008 CITY COUNCIL SKATEBOARD PARK SUBCOMMITTEE 5:10 P.M. AND THE PARKS AND RECREATION COMMISSION SKATE PARK SUBCOMMITTEE CITY OF CULVER CITY, CALIFORNIA Call to Order – 5:10 p.m. The joint meeting of the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee was called to order at 5:10 p.m. in the Patio Conference Room, 2 nd floor, City Hall. o0o Roll Call City Council Skateboard Park Subcommittee Members Present: Gary Silbiger, Vice Mayor Christopher Armenta, Councilmember Parks and Recreation Commission Skate Park Subcommittee Members Present: Anita Shapiro, Chair Rick Hudson, Commissioner Staff Present: Jerry Fulwood, City Manager Marlee Chang, Assistant City Manager Heather Baker, Assistant City Attorney Roland Miranda, Deputy City Attorney Don Pedersen, CCPD Chief of Police Scott Bixby, CCPD Police Captain Sharon Guidry, Enforcement Services Manager Jeff Muir, Chief Financial Officer Mary Noller, Budget Services Division Manager William La Pointe, PRCS Director Brianna Frazier, PRCS Senior Management Analyst o0o Item J-1 A Joint Meeting of the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee to Discuss Supervision Alternatives for the Skate Park at Culver City Park. Roland Miranda, Deputy City Attorney, provided a brief overview of how the supervision of the skate park impacts the city’s liability according to State Code. He noted that as an unsupervised park with rules and regulations included in both an ordinance and posted signage, the City has immunity from liability. If the City were to supervise the park, and in particular if it charges a user fee, the City immunity would be substantially compromised, exposing the City to greater risk. Heather Baker, Assistant City Attorney further highlighted that supervising the skate park could increase our liability particularly for “gross negligence” or “known dangerous conditions.” Attachment A ATTACHMENT C|1010| 13Draft Minutes of the Joint Skate Park Subcommittee Meeting on August 27, 2008 Councilmember Armenta inquired as to the effect of liability waivers in preserving immunity. Mr. Miranda advised that it is somewhat unclear how much a waiver would protect the City. Given the relative newness of the statute there is no prevailing precedent that would help to define if such a policy could successfully be challenged in the courts but advised that a waiver would be a ‘good start’ for mitigating the City’s exposure to risk. Bill La Pointe, PRCS Director solicited input on the experiences of persons around the table in relation to the Skate Park. Discussion ensued regarding: • an incident which occurred August 4 th at the Skate Park; • the importance of participant safety; • abusive actions by skate park participants towards staff and the park; • participants who use the skate park because it is an unsupervised facility; • lack of cleanliness; • perceived need for sturdier fencing to minimize unauthorized use; • safety hazards created by items brought into the park, including cones, carts, trash cans; • concerns that the City is missing out on revenue from unauthorized events and vendors at the skate park; and • programming and partnership opportunities associated with a supervised facility. Mr. La Pointe highlighted an idea previously proposed by the City Council of installing video surveillance on the rooftop of the City Transportation Facility garage. The Police Department would monitor the cameras at their discretion and send a unit to the skate park on an as-needed/as-available basis. Mr. La Pointe and Vice Mayor Silbiger remarked on a visit they made to The Cove Skate Park in Santa Monica which is a supervised facility surrounded by various parks and recreation amenities that are also supervised and heavily used. Santa Monica staff noted that The Cove is City subsidized by about 50%, with annual expenditures of approximately $100,000 and revenues of $50,000. Mr. La Pointe estimated Culver City would need to subsidize the skate park by $50,000 - $70,000 annually to provide supervision. The Subcommittees reached consensus to further explore the possibility of providing staff supervision to the Culver City Skate Park. The Subcommittees agreed to reconvene on September 11, 2008 at 6 PM to further discuss the issue and review the financial implications of supervising the skate park. o0o Meeting Adjourned – 6:08 p.m. o0o |1010| 14Draft Minutes of the Joint Skate Park Subcommittee Meeting on August 27, 2008 Respectfully submitted, Gary Silbiger, Vice Mayor City Council of the City of Culver City City Council Skateboard Park Subcommittee Respectfully submitted, Anita Shapiro, Chair Parks and Recreation Commission Parks and Recreation Skate Park Subcommittee Brianna M. Frazier PRCS Senior Management Analyst |1010| 15Draft Minutes of the Joint Skate Park Subcommittee Meeting on September 11, 2008 These minutes are not official until approved by the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee. JOINT MEETING OF THE September 11, 2008 CITY COUNCIL SKATEBOARD PARK SUBCOMMITTEE 6:08 P.M. AND THE PARKS AND RECREATION COMMISSION SKATE PARK SUBCOMMITTEE CITY OF CULVER CITY, CALIFORNIA Call to Order – 6:08 p.m. The Joint Meeting of the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee was called to order at 6:08 p.m. in the Cathedral Conference Room, 3 rd floor, City Hall. o0o Roll Call City Council Skateboard Park Subcommittee Members Present: Gary Silbiger, Vice Mayor Christopher Armenta, Councilmember Parks and Recreation Commission Skate Park Subcommittee Members Present: Anita Shapiro, Chair Rick Hudson, Commissioner Staff Present: Marlee Chang, Assistant City Manager Roland Miranda, Deputy City Attorney Don Pedersen, CCPD Chief of Police Scott Bixby, CCPD Police Captain Mike Bowden, CCFD Captain Sharon Guidry, Enforcement Services Manager Mary Noller, Budget Services Division Manager William La Pointe, PRCS Director Brianna Frazier, PRCS Senior Management Analyst o0o Item J-1 A Joint Meeting of the City Council Skateboard Park Subcommittee and the Parks and Recreation Commission Skate Park Subcommittee to Discuss Supervision Alternatives for the Skate Park at Culver City Park. Bill La Pointe, PRCS Director presented for discussion a memo to the Subcommittees outlining projected revenues and expenditures, both operating and capital, for providing supervision at the Skate Park. Mr. La Pointe explained that the figures proposed by staff represented a mildly conservative view of revenues and a slightly liberal view of costs in an effort to present the potential impact to the City’s General Fund should the Council choose to move forward with supervision. The key figures for discussion were as follows: • Projected Annual Revenue: $46,375 • Projected Capital Improvement Expenditures: $192,950 - $271,886 • Projected Annual Operating Expenditures: $109,553 Discussion ensued about elements of the revenue and expenditure figures. Attachment B|1010| 16Draft Minutes of the Joint Skate Park Subcommittee Meeting on September 11, 2008 Councilmember Armenta remarked that the estimates seemed too high to successfully gain the support needed given the impact to the City’s General Fund. He highlighted the Subcommittees’ desire to focus on supervision and enforcement to enhance participant, staff and general park user safety and questioned if there were other means to accomplish these goals. His concerns were echoed by Vice Mayor Silbiger and Commissioners Shapiro and Hudson. Discussion ensued regarding: • possibility of providing a shaded/comfortable space for staff without investing in a capital improvement project of this scale; • potential implications to staff safety, emergency response and revenue security if supervision was instituted in the absence of a secure facility (capital improvement); • availability of grant funding or sponsorships to provide capital improvements; • decreasing the need for capital improvements by collecting participant payments at other PRCS or City locations, such as the Veterans’ Memorial Building, or the Transportation or Public Works Buildings (across from the Skate Park); • importance of a transition plan and messaging campaign if the Skate Park were to become a fee-for-use facility to ensure users are aware of the change; • timing of the change to supervision if adopted; and • procedural options and next steps for consideration of supervision and capital improvements to the site. Roland Miranda, Deputy City Attorney, in reviewing the staffing proposal presented by staff, advised that if Skate Park staff were to be responsible for checking in and/or taking fees from participants, a minimum of two staff should be on site. Mr. Miranda elaborated that the City’s liability could increase if a single staff person were responsible for these duties and supervision as they could be distracted from rule enforcement/safety monitoring. The Subcommittees reached consensus to further explore the possibility of providing staff supervision to the Culver City Skate Park and requested that staff prepare the item for presentation to the Parks and Recreation Commission and the City Council. The Subcommittees agreed to reconvene on October 9, 2008 at 6:15 PM to further discuss the issue and review the recommendations made by the Parks and Recreation Commission at their meeting scheduled for October 7, 2008. o0o Meeting Adjourned – 7:32 p.m. o0o |1010| 17Draft Minutes of the Joint Skate Park Subcommittee Meeting on September 11, 2008 Respectfully submitted, Gary Silbiger, Vice Mayor City Council of the City of Culver City City Council Skateboard Park Subcommittee Respectfully submitted, Anita Shapiro, Chair Parks and Recreation Commission Parks and Recreation Skate Park Subcommittee Brianna Frazier PRCS Senior Management Analyst |10 10| 18ATTACHMENT D 10 1911 2012 2113 2214 23Expenditures for Operations Revenue from Admission Subtotal: General Fund Impact Revenue from Supplemental Activities* Net General Fund Impact, All Revenue Activities A Summer: 10 AM - 8 PM daily (10hrs/day) Fall, Winter, Spring: 3 - 7 PM weekdays (4hrs) 10 AM - 7 PM weekends (9hrs) $ 70,229.00 $ 35,820.00 $ 34,409.00 $ 5,872.00 $ 28,537.00 B Summer: 10 AM - 8 PM daily (10 hrs) Fall, Winter, Spring: 12 -3 PM MWF Adult Only (3hrs) 3 - 7 PM weekdays (4hrs) 10 AM - 7 PM weekends (9hrs) $ 79,329.00 $ 39,800.00 $ 39,529.00 $ 5,872.00 $ 33,657.00 C Spring & Summer: 10 AM - 8 PM daily (10hrs) Fall & Winter: 10 AM - 7 PM weekdays (9hrs) 10 AM - 7 PM weekends (9hrs) $ 96,444.00 $ 45,770.00 $ 50,674.00 $ 5,872.00 $ 44,802.00 Options for Skate Park Hours of Operation Skate Park Supervision & User Fees Table 1: Proposed Skate Park Hours of Operation and Projected Expenditures & Revenue CITY-STAFFED *Revenue from Supplemental Activities includes: • Net Revenue from Lessons: $1,872 • Net Revenue from Special Events: $2,000 • Net Revenue from Sponsorships: $2,000 ATTACHMENT E 15 24Proposed User Fee Annual Sales Annual Revenue $ 15.00 450 $ 6,750.00 $ 10.00 850 $ 8,500.00 $ 4.00 400 $ 1,600.00 $ 2.00 800 $ 1,600.00 $ 80.00 100 $ 8,000.00 $ 30.00 200 $ 6,000.00 $ 240.00 25 $ 6,000.00 $ 90.00 15 $ 1,350.00 $ 39,800.00 Operations Expenditures Net General Fund Impact D Summer: 12 PM - 9 PM daily Fall, Winter, Spring: 3 - 9 PM weekdays 9 AM - 9 PM weekends $ 200,400.00 $ 101,400.00 (CITY-STAFFED contd.) CONTRACT-STAFFED Annual Skate Pass: Adults 18+ Daily Skate Pass: Adults 18+ Daily Skate Pass: Youth Quarterly Skate Pass: Adults 18+ Quarterly Skate Pass: Youth Revenue: All Revenue Activities $ 99,000.00 Table 2: Proposed Skate Park User Fees and Projected Revenue Fee Type Registration Fee: Adults 18+ Registration Fee: Youth Skate Park Hours of Operation Annual Skate Pass: Youth Projected Annual Admissions Revenue Table 3: Proposed Skate Park Hours of Operation and Projected Expenditures & Revenue The figures in Tables 1-3 incorporate the following assumptions: • Operations Expenditures assumes a minimum of two staff persons supervise the facility at any given time. • Revenue: Admission assumes adoption of the User Fees proposed in Table 3. (Exception: The figures presented in Table 4 do not reflect exact user fees but rather an expected cost recovery rate based on the contractors' experience.) • Assumes the Skate Park closes at dusk and staff would adjust the hours as needed to best ensure the safety of participants. • Assumes relatively consistent revenue, independent of hours of operation, given the discounted price of purchasing quarterly and annual passes. • Assumes Supplemental Revenue Options will require additional expenditures for staffing, supplies, etc. Projected revenue is a net figure and thus represents the anticipated revenue once these additional expenses are paid. 16 25ATTACHMENT F 17 2618 2719 2820 2921 3022 3123 3224 3325 3426 3527 3628 3729 38http://www.ci.torrance.ca.us/Parks/7482.htm City of Torrance Skate Park SKATE PARK NEWS The Skate Park is currently open Friday-Sunday. The City of Torrance is proud to re-open the South Bay's largest and most exciting Skate Park! Skaters off all skill levels and ages are encouraged to use this recently remodeled attraction whether you are a first time skater or an experienced rollerblader, The City of Torrance Skate Park offers ramps and jumps to suit your needs. Come join us Friday-Sunday for an unlimited amount of skating in the sun. We also offer 2 hour party rentals. ANNUAL MEMBERSHIP $10.00 2 HOUR SESSION $3.00 ALL DAY PASS- SAT AND SUN ONLY (NO MEMBERSHIP REQUIRED) $10.00 2 HOUR SESSION (NO ANNUAL MEMBERSHIP) $5.00 HOURS OF OPERATION/SESSION TIMES FRIDAY SESSION 1- 3:30pm-5:30pm SESSION 2- 6:00pm-8:00pm SATURDAY/SUNDAY SESSION 1- 11:00am-1:00pm SESSION 2- 1:30pm-3:30pm SESSION 3- 4:00pm-6:00pm SESSION 4- 6:30pm-8:30pm For additional information regarding the skate park, committee updates and meeting times go to: http://www.torranceskateparkassociation.com/ ALL PARTICIPANTS MUST HAVE A WAIVER/RELEASE FORM SIGNED PRIOR TO ADMITTANCE IN THE FACILITY. ANYONE UNDER THE AGE OF 18 MUST HAVE THEIR WAIVER SIGNED BY A PARENT/LEGAL GUARDIAN. SAFETY EQUIPMENT REQUIRED: HELMET (STRAPS MUST BE FASTENED) KNEE PADS ELBOW PADS THERE WILL BE NO EXCEPTIONS TO THIS RULE. PARTICIPANTS MUST KEEP PROTECTIVE GEAR ON AT ALL TIMES. Food and drinks are NOT permitted in the Skate Park. INAPPROPRIATE BEHAVIOR WILL NOT BE TOLERATED AND MAY RESULT IN TEMPORARY OR PERMANENT REMOVAL FROM THE FACILITY. FOR MORE INFORMATION: (310)320-9529 Email: Rollerhockey@torrnet.com 30 39City of Torrance Community Services Department · (310) 618-2930 PROCEDURES AND GUIDELINES FOR SKATE PARK RENTAL CLEANLINESS The representative of each user group is responsible for supervising the clean-up of any area used by his/her group: · No food or drink allowed inside the Skate Park. GENERAL INFORMATION REGARDING SKATE PARK RENTAL · A signed waiver must be on file before participating. · Skate at your own risk. · Helmets, elbow pads and knee pads are required. · Report injuries to skate park management immediately. · Report any broken equipment, loose screws or unsafe conditions to skate park management immediately. · The City of Torrance is not responsible for lost or stolen items. · Anyone caught stealing will be prosecuted. · No weapons, fighting or reckless behavior. · No alcohol or controlled substances on property. · No smoking in the skate park. · No skating or bikes in neighboring parking lots or properties. Please respect our neighbors. · No soliciting or unauthorized sales on property. · No chewing gum in the skate park. No food or beverages in skate areas. · No Graffiti · No Profanity · The time reserved must include the party as well as set-up & clean-up time. Your group will be billed for any damages. For any questions regarding reservations, please call the Skate Park Office at (310) 320-9529, Monday through Friday, from 8:00 am to 5:00 pm alternating with a closed Friday every other week. __________________________________ _____________________ Signature Date KK:pa:Adultsports\skatepark\proceduresguidelines Create PDF with PDF4U. If you wish to remove this line, please click here to purchase the full version 31 40City of Torrance Parks and Recreation Department Skate Park Membership Form Participant’s Name: Phone #: Parents Names: Signature verified Card issued Address: Date of Birth: City: State: Zip: Sex: Name of Emergency Contact: Phone: Relationship: Please list any medical conditions staff should be aware of: SKATE PARK RULES: ? A signed waiver must be on file before participating. ? No alcohol or controlled substances on property. ? Skate at your own risk. ? No smoking in the skate park. ? Helmets, elbow pads and knee pads are required. ? No skating or bikes in neighboring parking lots of properties. ? Report injuries to skate park management immediately. Please respect our neighbors. ? Report any broken equipment, loose screws or unsafe ? No soliciting or unauthorized sales on property. Conditions to skate park management immediately. ? No chewing gum in the skate park and no food or beverages ? The City of Torrance is not responsible for lost or stolen items. in skate areas. ? Anyone caught stealing will be prosecuted. ? No graffiti. ? No weapons, fighting or reckless behavior. ? No profanity. VIOLATION OF ANY OF THESE RULES MAY RESULT IN EXPULSION FROM THE SKATEPARK OR SUSPENSION OF SKATEPARK PRIVILEGES. NO REFUNDS WILL BE GIVEN. City of Torrance Parks and Recreation Department Skate Park Membership Form Participant’s Name: Phone #: Parents Names: Signature verified Card issued Address: Date of Birth: City: State: Zip: Sex: Name of Emergency Contact: Phone: Relationship: Please list any medical conditions staff should be aware of: SKATE PARK RULES: ? A signed waiver must be on file before participating. ? No alcohol or controlled substances on property. ? Skate at your own risk. ? No smoking in the skate park. ? Helmets, elbow pads and knee pads are required. ? No skating or bikes in neighboring parking lots of properties. ? Report injuries to skate park management immediately. Please respect our neighbors. ? Report any broken equipment, loose screws or unsafe ? No soliciting or unauthorized sales on property. Conditions to skate park management immediately. ? No chewing gum in the skate park and no food or beverages ? The City of Torrance is not responsible for lost or stolen items. in skate areas. ? Anyone caught stealing will be prosecuted. ? No graffiti. ? No weapons, fighting or reckless behavior. ? No profanity. VIOLATION OF ANY OF THESE RULES MAY RESULT IN EXPULSION FROM THE SKATEPARK OR SUSPENSION OF SKATEPARK PRIVILEGES. NO REFUNDS WILL BE GIVEN. 32 41CHILD [Waiver and Release for Skateboarding -- Child.DOC] Statement of Assumption Of Risk And Intentional Release And Waiver ("Release And Waiver") I hereby represent that I am the parent and/or the legal guardian of ______________________________________________________. I request that my child be allowed to participate in the Torrance Skate Park, Skateboarding and related activities sponsored by the City of Torrance. I am in agreement with all of the terms of this Release and Waiver. I have authority to enter into this Release and Waiver and do so on behalf of my child, myself and all parents and/or legal guardians of my child. I acknowledge that Skateboarding and activities associated with Skateboarding and the Torrance Skate Park are hazardous and dangerous and require strenuous exercise and activity. I am aware that serious accidents occasionally occur during athletic activities; and that participants may sustain serious personal injury or death and/or property damage, as a consequence thereof. I understand that in addition to the above-mentioned risks, there are unpredictable dangers involved in athletic activities. If, however, I observe any unusual and/or significant hazard I will bring such to the attention of the nearest official immediately and remove my child from participation if necessary. I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY OR EVEN DEATH ON MY CHILD'S BEHALF WHILE HE OR SHE IS PARTICIPATING IN SKATEBOARDING. Understanding the inherent risks and dangers of participating in Skateboarding, I represent that to the best of my knowledge my child has no medical, physical, and/or emotional health condition which would hinder or prevent his or her active participation in Skateboarding in any whatsoever. I also certify that my child is physically fit, has sufficiently trained for participation in this athletic activity and has not been advised otherwise by a qualified medical person. In consideration of the request and permission to participate in the activity of Skateboarding, I HEREBY AGREE, ON MY OWN BEHALF, ON BEHALF OF MY CHILD, TO RELEASE AND FOREVER DISCHARGE the City of Torrance, the City Council, each member thereof, present and future, its officers, agents, employees, and volunteers (hereinafter “Torrance”) from any and all liability for injuries or death or property damage arising or resulting from or in any way connected with my child's participation in Skateboarding, including any such accident, illness, injury or death, or property damage, loss or destruction, caused or allegedly caused by a dangerous condition of public property or by negligence on the part of Torrance. The terms of this Release and Waiver apply to myself and to my child and our heir(s), executor(s), administrator(s), assign(s), successor(s), personal representative(s), distributees, agent(s), spouse (if applicable), legatees, other parents and/or legal guardians of the child, and for all of our family members. I understand that by signing this Release and Waiver we are forever giving up all rights to sue Torrance to recover any money of damages from them for any harm my child may suffer in this activity, even if Torrance is at fault in any way. I agree that this Release and Waiver shall cover my child's participation in any and all Skateboarding activities and/or any and all Skateboarding related activities sponsored by Torrance including, but not limited to, practice sessions, instructional sessions, activities directed by a coach or a team representative and/or promotional Skateboarding exercises. I acknowledge that my child's participation in Skateboarding is strictly voluntary and that such participation does not in any manner imply that my child or I am acting in the course and scope of Torrance’s business. I further acknowledge that my child's participation in Skateboarding does not and cannot in any manner establish the existence of an employer-employee or an agency relationship of any type whatsoever with Torrance. I represent that my child and I are not employees or agents of Torrance or a carrier on behalf of Torrance in any manner in connection with my child's participation in Skateboarding. I agree to indemnify and hold Torrance harmless from any and all liability arising out of, whether directly or indirectly, my child's involvement or participation in Skateboarding including, but not limited to, attorneys' fees, whether paid by Torrance, or a carrier on behalf of Torrance, costs, and any liability which may arise out of my child's involvement or participation in Skateboarding. I acknowledge that I have read and understand this Release and Waiver, have had the opportunity to have counsel of my choice review it with me, and that I am fully aware of the contents of this Release and Waiver and of its binding legal effect. I have executed this Release and Waiver voluntarily and without duress or undue influence by any person or entity. In the event a dispute or controversy arises regarding this Release and Waiver, its interpretation, modification, application or termination, the prevailing party shall be entitled to costs and reasonable attorneys' fees from the other party. No amendment, change or modification of this Release and Waiver shall be valid unless in Writing signed by the Risk Manager of the City of Torrance and by me. I give my permission to Torrance to obtain on my child's behalf any emergency medical treatment. In case of sickness, accident or injury, Torrance have my express permission to secure, at my expense, such medical attention as is deemed necessary in the sole discretion of Torrance. I have read and understand all the information presented to me in this document and understand the terms and agreements. Lastly, I agree to accept and abide by the rules and regulations of the Torrance Skate Park, the instructor, the coach, and the City of Torrance. I understand that my child and I may be photographed. I agree to allow photo, video or film likeness of my child or me to be used for any legitimate purpose by the City of Torrance, officials, producers, sponsors, organizers and/or assigns. *PLEASE NOTE: Torrance strongly recommends that each participant obtain the appropriate insurance coverage for his or her own protection while engaged in Skateboarding. ___________________________________ ___________________________________ (PRINT) Name of Parent Home Phone Business Phone ___________________________________ ___________________________________ Address of Parent and Participant Date of Birth ___________________________________ ___________________________________ City/State/Zip Parent's Signature Date 33 42ADULT [Waiver and Release for Skateboarding -- Adult.DOC] Statement of Assumption Of Risk And Intentional Release And Waiver ("Release And Waiver") I request to be allowed to participate in the Torrance Skate Park, Skateboarding and related activities sponsored by the City of Torrance. I am in agreement with all of the terms of this Release and Waiver. I acknowledge that Skateboarding and activities associated with Skateboarding and Torrance Skate Park are hazardous and dangerous and require strenuous exercise and activity. I am aware that serious accidents occasionally occur during athletic activities; and that participants may sustain serious personal injury or death and/or property damage, as a consequence thereof. I understand that in addition to the above-mentioned risks, there are unpredictable dangers involved in athletic activities. If, however, I observe any unusual and/or significant hazard I will bring such to the attention of the nearest official immediately and remove myself from participation if necessary. I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY OR EVEN DEATH ON MY BEHALF WHILE I AM PARTICIPATING IN SKATEBOARDING. Understanding the inherent risks and dangers of participating in Skateboarding, I represent that to the best of my knowledge I have no medical, physical, and/or emotional health condition which would hinder or prevent my active participation in Skateboarding in any whatsoever. I also certify that I am physically fit, have sufficiently trained for participation in this athletic activity and have not been advised otherwise by a qualified medical person. In consideration of the request and permission to participate in the activity of Skateboarding, I HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE the City of Torrance, the City Council, each member thereof, present and future, its officers, agents, employees, and volunteers (hereinafter “Torrance”) from any and all liability for injuries or death or property damage arising or resulting from or in any way connected with my participation in Skateboarding, including any such accident, illness, injury or death, or property damage, loss or destruction, caused or allegedly caused by a dangerous condition of public property or by negligence on the part of Torrance. The terms of this Release and Waiver apply to myself and my heir(s), executor(s), administrator(s), assign(s), successor(s), personal representative(s), distributees, agent(s), spouse (if applicable), legatees, and for all of my family members. I understand that by signing this Release and Waiver we are forever giving up all rights to sue Torrance to recover any money of damages from them for any harm I may suffer in this activity, even if Torrance is at fault in any way. I agree that this Release and Waiver shall cover my participation in any and all Skateboarding activities and/or any and all Skateboarding related activities sponsored by Torrance including, but not limited to, practice sessions, instructional sessions, activities directed by a coach or a team representative and/or promotional Skateboarding exercises. I acknowledge that my participation in Skateboarding is strictly voluntary and that such participation does not in any manner imply that I am acting in the course and scope of Torrance’s business. I further acknowledge that my participation in Skateboarding does not and cannot in any manner establish the existence of an employer-employee or an agency relationship of any type whatsoever with Torrance. I represent that I am not an employee or agent of Torrance or a carrier on behalf of Torrance in any manner in connection with my participation in Skateboarding. I agree to indemnify and hold Torrance harmless from any and all liability arising out of, whether directly or indirectly, my involvement or participation in Skateboarding including, but not limited to, attorneys' fees, whether paid by Torrance, or a carrier on behalf of Torrance, costs, and any liability which may arise out of my involvement or participation in Skateboarding. I acknowledge that I have read and understand this Release and Waiver, have had the opportunity to have counsel of my choice review it with me, and that I am fully aware of the contents of this Release and Waiver and of its binding legal effect. I have executed this Release and Waiver voluntarily and without duress or undue influence by any person or entity. In the event a dispute or controversy arises regarding this Release and Waiver, its interpretation, modification, application or termination, the prevailing party shall be entitled to costs and reasonable attorneys' fees from the other party. No amendment, change or modification of this Release and Waiver shall be valid unless in Writing signed by the Risk Manager of the City of Torrance and by me. I give my permission to Torrance to obtain on my behalf any emergency medical treatment. In case of sickness, accident or injury, Torrance has my express permission to secure, at my expense, such medical attention as is deemed necessary in the sole discretion of Torrance. I have read and understand all the information presented to me in this document and understand the terms and agreements. Lastly, I agree to accept and abide by the rules and regulations of the Torrance Skate Park, the instructor, the coach, and the City of Torrance. I understand that I may be photographed. I agree to allow photo, video or film likeness of me to be used for any legitimate purpose by the City of Torrance, officials, employees, producers, sponsors, organizers and/or assigns. *PLEASE NOTE: Torrance strongly recommends that each participant obtain the appropriate insurance coverage for his or her own protection while engaged in Skateboarding. ___________________________________ ___________________________________ (PRINT) Name of Participant Home Phone Business Phone ___________________________________ ___________________________________ Address of Participant Date of Birth ___________________________________ ___________________________________ City/State/Zip Participant's Signature Date 34 43Staff Accommodations Estimated Cost $ 4,400.00 $ 166,950.00 $ 245,886.00 Other Additions Estimated Cost $ 13,000.00 $ 26,000.00 Drinking Fountain Only (includes materials, construction and water connection. Sewer connection add $20,000) Surveillance Camera, Signage, Mounting Pole Proposed Projects and Projected Expenditures Outdoor, on-site staff area (including: emergency communications equipment, shade tent, chairs, table) Additions to the Skate Park Area Secure Facility for Staff, Drinking Fountain & Equipment: Modular Built (including: electrical, telephone & DSL, water & sewer, computer, etc) Secure Facility for Staff, Drinking Fountain & Equipment: Custom Built (including: electrical, telephone & DSL, water & sewer, computer, etc) ATTACHMENT G 35 44 EXCERPT OF THE APPROVED MINUTES OF THE REGULAR MEETING OF THE November 6, 2008 PARKS, RECREATION AND 7:00 P.M. COMMUNITY SERVICES COMMISSION CITY OF CULVER CITY,CALIFORNIA Call to Order & Roll Call The meeting of the Parks, Recreation and Community Services Commission was called to order at 7:06 P.M. Members Present: Chair Anita Shapiro Vice Chair Vicki Daly Redholtz Commissioner Jeffrey Cooper Commissioner Rick Hudson Commissioner Marianne Kim -------------------------EXCERPT BEGINS------------------------- Item A-2 Consideration of a Recommendation to City Council Regarding Options for Supervising the Skate Park and Establishing User Fees Staff provided a summary of the material of record. James McDemas opposed fees and regulations in the skate park due to concerns with discriminating against low-income riders and negative impacts to the community by putting kids back on the streets. He felt safety equipment was up to the discretion of parents and noted that most parks did not require fees or pads. He also suggested looking to sports manufacturers and retailers to maintain the park, and he presented drawings with solutions to various issues. Cary Anderson provided a DVD presentation illustrating rules being repeatedly broken and he discussed: the impact of fees; enforcement issues; supervision and controlled access; and an assertion that the rental of safety equipment would pay for supervision and enforcement. Staff read the following comment cards: Price Campbell reported on rules broken at the skate park including bullying and smoking, and noted that very few parents are around. Mea Combs expressed support for supervising the skate park noting serious problems with smoking and bullying. ATTACHMENT B 45 Heidi Lemmon, Executive Director of the Skate Park Association, did not recommend a change except to allow BMX on certain days. She cautioned that staffing the park would make the City liable, and suggested making the park more parent-friendly. Staff and Commission discussion included: operating costs; liability and additional insurance for the City; other skateboard parks in the area and how many are unattended vs. attended; the General Fund impact; City staff operated facility vs. a contractor; the Park Patrol Report; safety issues; charging to offset costs; scholarships; streamlined hours and a desire to accommodate adult users; the number of people required to staff the facility properly; the Torrance facility; the status of the fence and high priority for replacement; sponsorship opportunities; video surveillance; fee structure and assertion that adult fees are too high; Park ID cards; subcommittee input; issues with proper maintenance of safety equipment; the importance of enforcement, consequences and a signed contract; concern with not getting the attention of users; the need for a gate and an inexpensive shelter; a bulletin board; the need for the City to take control; waiting to expand until the City takes control; and a suggestion to conduct a survey for maximum participation. Trent Williams objected to user fees; fencing the park; and requiring safety equipment. MOVED BY COMMISSIONER COOPER TO RECOMMEND TO THE CITY COUNCIL THAT THE CULVER CITY SKATE PARK OPERATE AS A SUPERVISED FACILITY WITH ESTABLISHED OPERATING HOURS (TO BE DECIDED) DURING WHICH CITY-STAFF IS ON-SITE TO MONITOR PARTICIPANT ENTRY/EXIT AND RULE COMPLIANCE; AND FURTHER RECOMMEND THE SKATE PARK HOURS OF OPERATION AS OUTLINED IN OPTION B WITH THE HOURS BEING 10 AM TO DUSK AND THE USER FEES PROPOSED IN THIS REPORT. VICE CHAIR DALY REDHOLTZ SECONDED THE MOTION. VOTING ON THE MOTION WAS UNANIMOUS. Vice Chair Daly Redholtz asked that Commission comments be passed on to the City Council for their consideration, especially that the Commission felt replacement fencing should be a high priority along with the enforcement of park rules by Police and/or Park Patrol. Further discussion between the Commission and staff included: finding a way to get users more involved in their own park; the importance of having a gate; BMXers; posting a notice about the Council meeting in simple language at the park; ensuring that the public speakers from tonight are notified when the item goes before the City Council; and subcommittee consideration of hours, fees and equipment. -------------------------EXCERPT ENDS------------------------- 46Parks & Playgrounds: School Year Staffing 100% = All staff hours available in season OPTION A: Parks & Playground Staffing Distribution Fox Hills 14% Vets' 6% Culver City 0% CWA 23% El Marino 0% Lindberg 6% SK 14% Skate Park 31% Blanco 6% OPTION B: Parks & Playground Staffing Distribution Lindberg 4% Blanco 4% Vets' 4% SK 13% Fox Hills 13% Culver City 0% CWA 21% El Marino 0% Skate Park 41% OPTION C: Parks & Playground Staffing Distribution Fox Hills 11% Blanco 3% Culver City 0% CWA 20% El Marino 0% Lindberg 0% SK 11% Vets 3% Skate Park 52% CURRENT: Parks & Playground Staffing Distribution Fox Hills 15% Vets' 15% SK 18% Lindberg 11% Culver City 5% El Marino 5% Skate Park 0% CWA 26% Blanco 5% ATTACHMENT C 47Parks & Playgrounds: Non-School Year Staffing 100% = All staff hours available in season CURRENT: Parks & Playground Staffing Distribution Fox Hills 12% Skate Park 0% Vets' 12% SK 12% Lindberg 11% El Marino 12% CWA 22% Culver City 11% Blanco 8% OPTION A: Parks & Playground Staffing Distribution Skate Park 45% Vets' 9% SK 9% Lindberg 9% Fox Hills 9% El Marino 2% CWA 15% Culver City 0% Blanco 2% OPTION B: Parks & Playground Staffing Distribution Skate Park 48% Vets' 3% SK 9% Lindberg 9% Fox Hills 9% El Marino 3% CWA 16% Culver City 0% Blanco 3% OPTION C: Parks & Playground Staffing Distribution Fox Hills 9% Skate Park 58% Vets' 3% SK 9% Lindberg 3% El Marino 0% CWA 15% Culver City 0% Blanco 3% ATTACHMENT D 48