City of Culver City, California
City Council Agenda Item Report
Meeting Date: _12/01/08__ Item Number: A-2
AGENDA ITEM: Consideration of Implementation of Supervision at the Culver City Skate
Park, Approval of Budget Amendment(s) for Staffing Costs Related to Supervision and/or
Additions to the Skate Park Facility, and Adoption of a Resolution Establishing User Fees
at the Culver City Skate Park.
Contact Person/Dept.: Pam Robinson,
Parks, Recreation and Community Services
Phone Number: (310) 253-6632
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master E-mail Notification List (11/26/08); Publication of Notice in the
Culver City News (11/06/2008, 11/13/2008 and 11/20/2008); Notices Placed on Public
Counters in Veterans’ Memorial Complex, the Teen Center and After School Program Sites
(11/17/08); E-Mail Notification to PRCS List of Skate Park Stakeholders (11/17/08) and
PRCS Master Notification List (11/20/08); Posted Notices at the Skate Park (11/17/08
through 12/01/08).
Department Approval:
Bill La Pointe (11/19/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/26/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/26/08
City Manager Approval:
Jerry B. Fulwood (11/26/08)
RECOMMENDATION:
Staff recommends the City Council consider the implementation of supervision at the
Culver City Skate Park, approval of Budget Amendment(s) for staffing costs related
to supervision and/or additions to the Skate Park Facility, and adoption of a
Resolution establishing User Fees at the Culver City Skate Park.
A Budget Amendment Requires a 4/5ths Vote.
BACKGROUND:
Pertinent discussions and activities with regard to the operation of the Culver City
Skate Park and actions taken by the 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 approved.
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 Upon the Commission’s recommendation (on 08/07/2007), the Council City of Culver City, California
City Council Agenda Item Report
to
8/20/2007
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.
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 (Attachment 1) 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 (Attachment 2).
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 remains
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 (Vice
Mayor Silbiger, Councilmember Armenta, PRCS Commission Chair
Shapiro and PRCS Commissioner Hudson) 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 is an option that should be
explored.
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. City of Culver City, California
City Council Agenda Item Report
10/14/2008 The Council and Commission Skateboard Park Subcommittees meet to
review information from staff. The Subcommittees raise questions
regarding the fiscal impact of supervising the Skate Park. 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.
DISCUSSION:
The Council Skateboard Park Subcommittee has indicated that it is in favor of
supervising the Skate Park and establishing user fees to recover a portion of
expenditures. The Subcommittee has also indicated that additions to the Skate Park
area to support supervision should be implemented at minimal cost to the City. (The
Subcommittee members may wish to give additional comment.)
The Commission, at its November 6, 2008 meeting, took action to make the
following recommendations to City Council regarding operations of the 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 in this report; and,
2. User Fees: That the Skate Park user fees proposed in this report be
established.
However, no recommendation was made by the Commission with regard to capital
or temporary additions to the Skate Park.
As draft minutes of this meeting were not yet available at the time of this report, a
synopsis of the comments from this meeting is presented in Attachment 3.
Staff is requesting the City Council’s policy direction on the following:
1. Determine if supervision at the Skate Park is desired and if so, by what
means and through what funding mechanism;
2. Determine if establishing user fees at the Skate Park is desired and if so,
adopt a Resolution establishing fees; and
3. Determine if any additions to the Skate Park area are desired, and if so,
which capital or temporary additions.
Further details and information for each of these three considerations follows.
Should the City Council decide on changes to the Skate Park operations or facility City of Culver City, California
City Council Agenda Item Report
that result in the need for additional funding, Council will be asked to consider an
associated Budget Amendment (which requires a 4/5 vote of the Council for
approval).
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. After much discussion, the Council and Commission
Subcommittees identified several key factors in evaluating the merits of, and
method(s) for, changing Skate Park operations.
If the Skate Park were to begin operating as a supervised facility, a policy and
practice for participant liability waivers should be instituted. For reference, a sample
liability waiver from the City of Santa Monica is included as Attachment 4. To reduce
the likelihood of injury to (almost) zero one option would be to close the Skate Park.
Outlined below are options for (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 5, Tables 1 - 3.
Options include, but are not limited to:
a. No changes: Continue operating as an unstaffed facility with periodic oversight
provided by City Parks and Playgrounds Staff, Park Patrol and Police. The City
thereby maintains certain immunities to liability as per State Code.
• As this is current practice, there is no additional fiscal impact.
• In 2007, the Council discussed the possibility of installing video
surveillance equipment as a monitoring system. Staff estimates the cost
of materials and installation at $26,000. (Surveillance equipment has not
yet been installed as a funding source was not identified. Before staff was
able to secure a source of funding, conversations began indicating interest
in options for direct supervision of the Skate Park which may make
surveillance equipment duplicative or unnecessary.)
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 City of Culver City, California
City Council Agenda Item Report
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, marketing, 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 State Law
may be significantly impacted. (Given the relative newness of the statute there is
no prevailing precedent to help determine the extent/nature of any such
protection provided by the State Law.) Implementing a policy and practice for
participant liability waivers may preserve City immunity except in circumstances
of gross negligence and known dangerous conditions.
• Staff has proposed three options for hours of operation and projected
revenue and expenses associated with City-staffed supervision. These
are presented in Attachment 5, Table 1 as Options A, B and C. (Option B
includes an opportunity for adult-only skating as recommended by the
Subcommittees. User-specific skating could be implemented for other
user groups at times later determined by staff based on operating hours
and user feedback.)
• 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 5, 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 5,
Table 2. (See also section 2: Skate Park User Fees below)
• If the proposed user fees are implemented, staff estimates the net impact
(cost) to the City’s General Fund in the first year of operation could range
from a low of $28,537 (Attachment 5/Table 1 - Option A, including All
Revenue Activities) to a high of $50,674 (Attachment 5/Table 1 - Option C,
excluding Revenue from Supplemental Activities) depending on the
option(s) selected. Without the implementation of user fees, staff
estimates a net impact (cost) ranging from a low of $70,229 (Attachment
5/Table 1 – Option A Expenditures from Operations) to a high of $96,444
(Attachment 5/Table 1 – Option C Expenditures from Operations).
d. Contract-staffed supervision: Begin operating as a staffed facility by entering
into a contract with a skate park management entity for on-site monitoring of
participant entry/exit and rule compliance. The contracted entity would be City of Culver City, California
City Council Agenda Item Report
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 5, 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% based on past experience. Greater
specifics as to user fees, concession cost-sharing, etc. are terms which
the firm negotiates as part of the contract.
• The proposed costs received from the contractor estimate the net impact
(cost) to the City’s General Fund in the first year of operation at
approximately $101,400 with fees and concessions or $200,400 without
fees and concessions.
2. SKATE PARK USER FEES
Should the City Council determine the Skate Park be operated 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 5, Table 2
and Attachment 6. 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. This strategy is likely to be unsuccessful since such high
user fees will discourage the level of participation necessary to recover Skate Park
operational costs.
In projecting user fees and associated revenues, staff reviewed information for
various skate parks throughout the area. The skate parks in the cities of Santa
Monica and Torrance represented operations and facilities most comparable to
Culver City. Though the information gathered was used to help inform staff’s
recommendation, direct fee comparisons between cities are challenging due to the
inherent management differences between cities (collective bargaining agreements,
benefits provided, cost recovery policies, etc). Highlights of the park comparisons
follows: City of Culver City, California
City Council Agenda Item Report
F ee C a te g ory
C ulv er C ity
(Propos ed)
Sa n ta
M on ica* T o rra n ce **
A n nu a l R eg istra tio n F e e: A d ults 1 8+ $ 15 .0 0 $ 15 .0 0 $ 1 0 .0 0
A n nu a l R eg istra tio n F e e: A d ults 1 8+ (N on re sid en t) $ 16 .5 0 $ 1 0 .0 0
A n nu a l R eg istra tio n F e e: Y o ut h $ 10 .0 0 $ 10 .0 0 $ 1 0 .0 0
D aily S ka te Pa ss: A d ults 1 8+ $ 4.0 0 $ 5.0 0 $ 3 - 5, $1 0
D aily S ka te Pa ss: A d ults 1 8+ (N on re sid en t) $ 5.5 0 $ 3 - 5, $1 0
D aily S ka te Pa ss: Y o ut h $ 2.0 0 $ 3.0 0 $ 3 - 5, $1 0
Q ua rte rly Sk ate P ass: A du lts 1 8 + $ 80 .0 0 $ 35 .0 0 n /a
Q ua rte rly Sk ate P ass: A du lts 1 8 + (N o n re side n t) $ 38 .5 0 n /a
Q ua rte rly Sk ate P ass: Y ou th $ 30 .0 0 $ 20 .0 0 n /a
A n nu a l S ka te Pa ss: Ad u lts 1 8+ $ 2 4 0 .0 0 $ 1 4 0 .0 0 n /a
A n nu a l S ka te Pa ss: Ad u lts 1 8+ (N o nre sid e n t) $ 1 5 4 .0 0 n /a
A n nu a l S ka te Pa ss: Yo u th $ 90 .0 0 $ 80 .0 0 n /a
*Santa Monica: Registration Fee is a one-time fee
**Torrance: 2-hour sessions $3 with registration, $5 without registration, $10 for weekend day
pass with or without registration (4 sessions)
Public Notification
Staff did extensive public notification related to the issue of implementing
supervision and user fees at the Skate Park. A notice of this item was published in
the November 6, 13 and 20, 2008 issues of the Culver City News. In addition to
published notices, the PRCS Department posted notices at the Culver City Skate
Park and fliers at the Veterans’ Memorial Complex, Culver City Teen Center and
After School Program sites. (When appropriate, notices highlighted the date change
from the November 24, 2008 meeting to the December 1, 2008 meeting.) Staff also
provided e-mail notification to the PRCS master e-mail list and email list of skate
park stakeholders, advising them of tonight’s discussion and the possible
establishment of user fees.
If user fees were to be adopted, staff would recommend instituting them effective
March 1, 2009. This will provide adequate time to inform the public and skate park
users, establish operations policies and practices, and allocate staffing for the park.
Prior to the fees taking effect, staff would also encourage community groups such as
the Parks and Service Foundation or the Culver City Exchange Club to consider
making Skate 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 City Council may also wish to consider additions to the Skate Park area as a
complement to, or independent of, recommendations made for supervision and/or
user fees. Possible additions and their associated fiscal implications are noted
below and summarized in Attachment 7. Projects include but are not limited to:
City of Culver City, California
City Council Agenda Item Report
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 shade
tent to a fully-functioning building.
a. 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 7. (If this option were to be selected, staff would not
collect fees on site but would rather establish a means of collecting fees at
secure facilities off-site, such as the Recreation Registration Office or
Transportation Building.)
b. Maximum: Engineering staff has prepared estimates for a traditional, custom-
built or modular-built facility. Inclusive of materials and construction, the cost is
estimated at $166,950 - $245,886 as outlined in Attachment 7.
• The skate park management company discussed in section 1.d. (Supervision:
Contract-staffed) has indicated a capital facility would be a prerequisite to
securing their services.
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:
Summarizing the fiscal implications noted above:
1. Supervision: The fiscal impact varies with the option(s) selected; from a low of
no fiscal impact for remaining unsupervised to an estimated high of $200,400 for
contract-staffed supervision. (See also Attachment 5).
2. User Fees: For City-staffed supervision, staff estimates the proposed fee
schedule will generate approximately $35,820 – $45,770 in revenue annually or
approximately $12,000 - $15,000 for Fiscal Year 2008-2009 if implemented
March 1, 2009. Revenue could be used to off-set a portion of the expenditures
associated with providing supervision. For contract-staffed supervision, user
fees would need to be further negotiated with the contractor, thus requiring staff
to return to Council for user fee adoption at a future date. (See also Attachments
5 and 6)
3. Additions to the Skate Park area: The fiscal impact varies with the option
selected; from a low of $4,400 for an outdoor area with shade tent, table and City of Culver City, California
City Council Agenda Item Report
chairs to a high of $245,886 for a custom-built, secure facility. (See also
Attachment 7)
Should the Council adopt changes to Skate Park supervision or additions to the
Park, a 4/5ths vote of the Council would be required to amend the budget
(however reallocation of funds already appropriated for 2008-09 would not require a
budget amendment). Options for funding allocation include, but are not limited to:
• Operations/Supervision Expenditures:
i. Allocation from Unappropriated General Fund Reserve (requires
budget amendment); and/or
ii. Reallocate 2008-09 PRCS Parks and Playgrounds part-time
personnel budget to provide Skate Park staffing (36 - 50%
reallocation without adoption of user fees, a maximum of $96,444;
or 15 – 23% reallocation with adoption of user fees, a maximum of
$44,802 as outlined in Attachment 5/Table 1 – Options A, B and C).
Amount as determined by City Council to be reallocated within
account #10132110; and/or
iii. Reallocation of 2008-09 PRCS Recreation Division regular salaries
budget for the ‘frozen’ unfilled position of Administrative Secretary.
Amount as determined by City Council (but not exceeding the
$70,000 available) to be reallocated from accounts 10131100 and
10132100 (This position was ‘frozen’ so as to realize a budget
cost savings during this fiscally challenging time.)
• Additions to the Skate Park Area Expenditures:
i. Allocation from Unappropriated General Fund Reserve (requires
budget amendment); and/or
ii. Reallocation of 2008-09 PRCS Recreation Division regular salaries
budget for the ‘frozen’ unfilled position of Administrative Secretary.
Amount as determined by City Council to be reallocated from
accounts 10131100 and 10132100. (This position was ‘frozen’ so
as to realize a budget cost savings during this fiscally challenging
time.)
If supervision were to be recommended, or a facility option recommended, the
associated ongoing expenditures (i.e. personnel costs, utilities) would need to be
addressed in the Fiscal Year 2009-10 budget process.
ATTACHMENTS:
1. California Health and Safety Code Section 115800
2. California Government Code Section 831.7
3. Synoptic Comments from the Parks, Recreation and Community Services
Commission Meeting of November 6, 2008
4. Participant Liability Waiver from the City of Santa Monica City of Culver City, California
City Council Agenda Item Report
5. Options for Skate Park Supervision, Proposed User Fees and Projected
Expenditures and Revenues
6. Proposed Fee Resolution, including Proposed Fee Schedule
7. Options for Additions to the Skate Park Area
MOTIONS:
That the City Council:
1. Consider the recommendations of both the Council Skateboard Park
Subcommittee and the Parks, Recreation and Community Services Commission
related to the operations of the Culver City Skate Park;
and
2. Direct staff to implement the following:
a. That the Culver City Skate Park continue to 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
b. (As recommended by the Parks, Recreation and Community Services
Commission,) 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
i. That staff implement the Skate Park hours of operation as outlined
in Option A, B, or C of this report (the Parks, Recreation and
Community Services Commission recommended Option B); and
ii. Approve a Budget Amendment in the amount of $_________ to be
transferred from one or more of the accounts below and allocated
to the appropriate Recreation Division staff salary account
(reallocation of funds already appropriated for 2008-09 would not
require a budget amendment):
1. Unappropriated General Fund Reserve (4/5ths vote would
be required); and/or
2. 2008-09 PRCS Parks and Playgrounds part-time personnel
account #10132110; and/or
3. 2008-09 PRCS Recreation Division regular salaries
accounts 10131100 and 10132100.
OR
City of Culver City, California
City Council Agenda Item Report
c. 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 direct staff to
proceed with an RFP to solicit proposals for skate park management
services and return to the City Council when responses to the RFP are
received;
OR
d. That the Culver City Skate Park be closed (indefinitely or permanently).
AND
3. (If motion 2b or 2c is approved) That additions to the Skate Park area for staff
accommodations (outdoor, modular, or custom-built) as outlined in this report be
implemented; and approve a Budget Amendment in the amount of $_________
to be transferred from one or more of the accounts below and appropriated to a
newly-designated Capital Improvement Account (reallocation of funds already
appropriated for 2008-09 would not require a budget amendment):
i. Unappropriated General Fund Reserve (4/5ths vote would be
required); and/or
ii. 2008-09 PRCS Recreation Division regular salaries accounts
10131100 and 10132100.
AND
4. (If motion 2b is approved) Direct staff to develop and pursue sponsorship
opportunities to off set supervision expenditures for the Skate Park;
AND/OR
5. (If motion 2b is approved,) Adopt a Resolution establishing user fees for the
Culver City Skate Park (as recommended by the Parks, Recreation and
Community Services Commission), (staff recommends an effective date of March
1, 2009 for these fees if implemented).
OR
6. Determine to consider this entire subject as part of the Fiscal Year 2009-10
budget process.
AND/OR
7. Provide staff with additional comments or alternate direction.
MEETING DATE: December 1, 2008
AGENDA ITEM: Consideration of Implementation of Supervision at the
Culver City Skate Park, Approval of Budget
Amendment(s) for Staffing Costs Related to Supervision
and/or Additions to the Skate Park Facility, and Adoption
of a Resolution Establishing User Fees at the Culver City
Skate Park.
ATTACHMENTS
Page
1. California Health and Safety Code Section 115800 1 -2
2. California Government Code Section 8311 3 4
3. Synoptic Comments from the Parks, Recreation and 5
Community Services Commission Meeting of November
6, 2008
4. Participant Liability Waiver from the City of Santa Monica 6- 8
5. Options for Skate Park Supervision, Proposed User Fees 9 -10
and Projected Expenditures and Revenues
6. Proposed Fee Resolution, including Proposed Fee
11 - 12
Schedule
7. Expenditures for Additions to the Skate Park Area 13ATTACHMENT
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 8311 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.
1CALIFORNIA HEALTH AND SAFETY CODE
SECTION 116800
(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.
2ATTACHMENT 2
CALIFORNIA GOVERNMENT CODE
SECTION 831.7
831.7 (a) Neither a public entity nor a public employee is liable to any person who
participates in a hazardous recreational activity, including any person who assists the
participant, or to any spectator who knew or reasonably should have known that the
hazardous recreational activity created a substantial risk of injury to himself or herself
and was voluntarily in the place of risk, or having the ability to do so failed to leave, for
any damage or injury to property or persons arising out of that hazardous recreational
activity,
(b) As used in this section, "hazardous recreational activity" means a recreational
activity conducted on property of a public entity which creates a substantial (as
distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a
spectator. "Hazardous recreational activity" also means: (1) Water contact activities,
except diving, in places where or at a time when lifeguards are not provided and
reasonable warning thereof has been given or the injured party should reasonably have
known that there was no lifeguard provided at the time. (2) Any form of diving into water
from other than a diving board or diving platform, or at any place or from any structure
where diving is prohibited and reasonable warning thereof has been given. (3) Animal
riding, including equestrian competition, archery, bicyde racing or jumping, mountain
bicycling, boating„ cross-country and downhill skiing, hang gliding, kayaking, motorized
vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering,
pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport
parachuting, paragliding, body contact sports (i.e., sports in which it is reasonably
foreseeable that there will be rough bodily contact with one or more participants),
surfing, trampolining, tree climbing, tree rope swimming, waterskiing, white water
rafting, and windsurfing. For the purposes of this subdivision, "mountain bicycling" does
not indude riding a bicycle on paved pathways, roadways, or sidewalks.
(c) Notwithstanding the provisions of subdivision (a), this section does not limit liability
which would otherwise exist for any of the following:
(1) Failure of the public entity or employee to guard or warn of a known
dangerous condition or of another hazardous recreational activity known to the
public entity or employee that is not reasonably assumed by the partidpant as
inherently a part of the hazardous recreational activity out of which the damage or
injury arose.
(2) Damage or injury suffered in any case where permission to participate in the
hazardous recreational activity was granted for a specific fee. For the purpose of this
paragraph, a "specific fee" does not include a fee or consideration charged for a general
purpose such as a general park admission charge, a vehicle entry or parking fee, or an
administrative or group use application or permit fee, as distinguished from a specific
fee charged for participation in the specific hazardous recreational activity out of
which the damage or injury arose.
(3) Injury suffered to the extent proximately caused by the negligent failure of the
public entity or public employee to properly construct or maintain in good repair any
structure, recreation equipment or machinery, or substantial work of improvement
utilized in the hazardous recreational activity out of which the damage or injury arose
3CALIFORNIA GOVERNMENT CODE
SECTION 831.7
(continued)
(4) Damage or injury suffered in any case where the public entity or employee
recklessly or with gross negligence promoted the participation in or observance of a
hazardous recreational activity. For purposes of this paragraph, promotional
literature or a public announcement or advertisement which merely describes the
available facilities and services on the property does not in itself constitute a reckless or
grossly negligent promotion.
(5) An act of gross negligence by a public entity or a public employee which is
the proximate cause of the injury. Nothing in this subdivision creates a duty of care or
basis of liability for personal injury or for damage to personal property.
(d) Nothing in this section shall limit the liability of an independent concessionaire, or
any person or organization other than the public entity, whether or not the person or
organization has a contractual relationship with the public entity to use the public
property, for injuries or damages suffered in any case as a result of the operation of a
hazardous recreational activity on public property by the concessionaire, person, or
organization.
4ATTACHMENT 3
Synoptic Comments from the Parks, Recreation and Community Services
Commission Meeting of November 6, 2008
BACKGROUND
Following discussions with the City Council and Parks, Recreation and Community
Services Commission Skateboard Park Subcommittees (Vice Mayor Silbiger,
Coundlmember Armenta, Commission Chair Shapiro, Commissioner Hudson), the
Commission chose to review the current practice of operating the Skate Park as an
unsupervised facility and asked staff to research, prepare and present information about
options for staffing the Skate Park.
At the November 6, 2008 meeting, the Commission took action to make a
recommendation to the City Council regarding the operations of the Skate Park. The
Commission expressed concern for the safety of Skate Park participants as an essential
element of the discussion to modify current operations.
RECOMMENDATION OF THE COMMISSION
Moved by Commissioner Cooper, Seconded by Vice Chair Vicki Daly Redholtz and
Passed Unanimously
That the Parks, Recreation and Community Services Commission:
Recommends to the City Council that the Culver City Skate Park operate as a
supervised facility with established operatinq 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 B and the
user fees proposed in this report
COMMISSIONER COMMENTS
In addition to the recommendation noted above, the Commission requested that the
following comments be included in the materials provided to the City Council when
considering this item.
That the Commission recommends (by consensus) the following priorities:
That the Skate Park Fencing Project (i.e., replacing the fencing) be expedited by
moving it up as a high priority in the Public Works CIP Work Plan; and,
• That the Ordinances, Rules and Regulations of the Skate Park be enforced on a
regular basis by the proper and appropriate entities.
Additional comments expressed and included at the request of Commissioners (though
not specifically gaining a consensus):
• Vice Chair Vicki Daly Redholtz, Commissioner Cooper: (1) The City should attempt
to find sponsorship to cover some of the costs of the Park operations and additions;
(2) The $240 fee for the adult annual pass seems too high.
5TACHMENT 4
WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
Last Name
First Name
THIS AGREEMENT APPLIES TO THE COVE, SANTA MONICA SKATEPARK
THIS AGREEMENT CONSTITUTES AN EXPRESS CONTRACTUAL
ASSUMPTION OF ALL RISKS, AND BOTH A WAIVER AND RELEASE
FROM ALL LIABILITY FOR ANY NEGLIGENCE OR DANGEROUS
CONDITION OF PUBLIC PROPERTY AND INDEMNITY FOR ALL THIRD
PARTILA NAFTER "AGREEMENT"
I know that skateboarding, in-line skating, skating and bicycle riding are inherently
dangerous sports and recreational activities in which I choose to voluntarily participate
at my own risk. I am aware that the usual risks, hazards and dangers of personal injury,
death and disability or property damage and loss (collectively "damages"), necessarily
increase when 1 or others use ramps, curbs, steps, railings, half pipes, inclines or
declines, bowls or any other structure or device. I know that the risks, hazards and
dangers include, but are not limited to, uncontrollable boards and bicycles, falling,
jumping, landing, performing tricks, as well as colliding with other users, staff,
bystanders or spectators. I also understand that these risks, hazards and dangers are
further increased when other persons, whether or not of the same-level of experience or
skill, are present at the same time and using the same facilities. (All of the above-
defined activities are collectively referred to throughout this Agreement as "the
Hazardous Recreational Activities.")
By this Agreement, it is my intention to forever relieve CITY OF SANTA MONICA, its
officers, employees, and agents, volunteers, sponsors, vendors, contractors, exhibitors
(hereinafter "CITY") of any duty to me and I do assume the entire risk of any personal
injury, damage, loss, harm, death, claim, medical expense and any other type of
expense that might occur during or as a result of my use of, or presence at The Cove,
Santa Monica Skatepark (hereinafter "The Cove"). By this Agreement, I also intend to
forever release, discharge and absolve CITY from any and all liability for any active or
passive negligence whatsoever by CITY and to waive and relinquish any claim or cause
of action against CITY for any personal injury, damage, loss, harm, death, medical
expense and any other type of expense caused by any negligence of CITY and promise
not to sue or exercise any legal right to seek damages from CITY. By this Agreement, I
also intend to forever release, discharge, waive and relinquish and absolve CITY from
any and all claims or causes of action against CITY for any personal injury, damage,
loss, harm, death, medical expense and any other type of expense caused by the
condition and/or maintenance of The Cove premises or any of its structures or devises,
including but not limited to ramps, curbs, steps, railings, half pipes, inclines, declines, or
bowls and promise not to sue or exercise any legal right to seek damages from CITY.
Initials:
6
Page 1 or 3lI consideration of utilizing The Cove, I agree as follows:
. As to my participation in any activity, including, but not limited to, the
Hazardous Recreational Activities and as to any and all liability for any
injury or damages which I may suffer or incur due to any cause
whatsoever, while on The Cove premises, I hereby agree:
a. To forever waive any and all claims for any injury and/or damages
that I may have against CITY or any other person, company or
entity in any way associated with it
b. To forever release CITY from any and all liability for any injury
and/or damages that I may suffer or incur, or that my next of kin
may suffer as a result of my participation in any activity, including
but not limited to the Hazardous Recreational Activities;
c. To forever hold harmless and indemnify CITY from any and all
liability for any injury and/or damages to any third party resulting
from my participation in any activity, including but not limited to the
Hazardous Recreational Activities.
2. This waiver and release of liability and indemnification agreement
shall be effective and binding upon my heirs, next of kin, family,
relatives, guardians, conservators, executors, administrators,
trustees and assigns in the event of my injury, disability or death.
3. I have read, understand and agree to be bound by the SANTA MONICA
SKATE PARK RULES FOR USE while using The Cove. I understand the
rules and that violation of the rules may result in loss of park privileges,
removal from the park and/or citation.
I acknowledge and understand that The Cove is a drop-in recreation facility. CITY does
not supervise skate park use or users and assumes no responsibility for them.
I acknowledge and understand that this agreement affords CITY broader rights and
protections than provided by statute, including but not limited to California Health and
Safety Code Section 115800, and California Government Code Sections 835 and 8311.7.
I hereby consent to the photographing, recording or reproduction in any other manner
(including the use of videotapes and audiotapes) of my or my child's likeness, voice
and/or skate park activities and further authorize CITY to make unlimited use of such
reproductions, including but not limited to, broadcasting to the public of the
reproductions over radio and television stations_ I understand that I will not receive any
monetary compensation, now or in the future, for participating. I hereby release and
hold harmless CITY from any claims that may result from the use of such reproductions.
I agree that this Agreement is intended to be as broad and inclusive as is permitted by
laws of the State of California and that if any portion of the Agreement is held invalid, it
is agreed that the balance shall continue in kill legal force and effect.
Initials:|1010|Page 2 of 3I 'certify that I have no medical condition that would cause participation in any activities
at The Cove to increase the risk of hazard to my health. In addition; I authorize CITY to
provide or cause to be provided such medical treatment that may be necessary or
appropriate if I am injured while at The Cove.
I HAVE READ AND VOLUNTARILY SIGN AND INITIAL THIS 3 PAGE AGREEMENT,
and further agree that no oral representations, statements, or inducements apart from
this Agreement have been made by CITY with regard to the subject matter of this
Agreement.
III am younger than 18 years old, my parent (legal guardian) and I hereby certify that I
am younger than 18 years old. I (We) have completely read and understand this
Agreement and its terms. Prior to signing this Agreement, I (We) have had the
opportunity to consult an attorney about the affect of this agreement. I (We) are aware
that, by signing this Agreement, I (We) assume all risks and waive and release all rights
that I (We) and my heirs, next of kin, family, relatives, guardians, executors,
administrators, trustees and assigns may have against CITY.
THIS AGREEMENT MUST BE SIGNED IN PRESENCE OF CITY STAFF.
Participant's signature Date
Parent (legal guardian) signature Date
Parent (legal guardian) driver's license # Phone Verified By (City Staff Only)
ACKNOWLEDGEMENT
(Note: if City staff cannot witness the parent or guardian's signature, the form must be notarized)
State of California
County of
On (date) before me (name)
Personally appeared Marne), personally known to rne — OR—proved
to me on the basis of satisfactory evidence, to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hiefientheir authorized capacHy(ies), and
that by his/herAheir signature(s) on the instrument the person(s) orthe entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
Page 3 of 3Skate Park Supervision and User Fees
ATTACHMENT 5
The figures in Tables 1-3 incorporate the following assumptions:
• Expenditures for Operations assumes a minimum of two (2) part-time staff persons supervise the facility at any given time and includes fully
burdened personnel costs, departmental supplies, uniform allowances, and communications expenditures.
• Revenue from Admission assumes adoption of the User Fees proposed in Table 2. (Exception: The figures presented in Table 3 do not
reflect exact user fees but rather an expected cost recovery rate based on the contractors' past experience.)
• Assumes the Skate Park closes at dusk; staff would adjust the hours of operation to best ensure the safety of participants. Further, staff
would adjust the hours of operation as needed based on user feedback
• Assumes relatively consistent revenue, given the discounted price of purchasing quarterly and annual passes. (Table 2: User Fees is the
baseline for Option B. Option A represents a 10% decrease in revenue given more limited hours of operation. Option C represents a 15%
increase in revenues given more liberal hours of operation.)
• Assumes securing Revenue from Supplemental Activities requires additional expenditures for staffing, supplies, etc. Projected revenue is a
net figure and thus represents the anticipated revenue once these additional expenses are paid. Total of $5,782 reflects net revenue from
lessons of $1,872 (70/30 contractor agreement); net revenue from special events of $2,000; and net revenue from sponsorships of $2,000.
CITY-STAFFED SUPERVISION
Table 1: Proposed Hours of Operation, Projected Expenditures and Revenue
.
Summer:
10 AM - Dusk daily (avg. of 10hrs/day)
Fall, Winter, Spring:
3 PIVI - Dusk weekdays (4hrs)
10 AM - Dusk weekends (9hrs)
,
70,229.00 $ 35,820.00
.
$ 34,409.00 $ 5,872.00 $ 28 537.00
B Summer:
10 AM -Dusk daily (10 hrs)
Fall, Winter, Spring:
12 PM - 3 PM MWF Adult Only (3hrs)
3 PM - Dusk weekdays (4hrs)
10 AM - Dusk weekends (9hrs) 79,329.00 39,800.00 $ 39,529.00 $ 5,872.00 $ 33,657.00
c Spring & Summer:
10 AM - Dusk daily (10hrs)
Fall & Winter:
10 AM - Dusk weekdays (9hrs)
10 AM - Dusk weekends (9hrs) 96,444.00 $ 45,770.00 50,674.00 $ 5,872.00 44,802.00(CITY-STAFFED SUPERVISION contd.)
Table 2: Proposed Skate Park User Fees and Projected Revenue
Annual Registration Fee: Adults 18+ 15.00 450 $ 6,750.00
Annual Registration Fee: Youth $ 10.00 850 $ 8,500.00
Daily Skate Pass: Adults 18+ $ 4.00 400 $ 1,600.00
Daily Skate Pass: Youth 2.00 800 $ 1,600.00
Quarterly Skate Pass: Adults 18+ 80.00 100 $ 8,000.00
Quarterly Skate Pass: Youth $ 30.00 200 $ 6,000.00
Annual Skate Pass: Adults 18+ $ 240.00 25 $ 6,000.00
Annual Skate Pass: Youth $ 90.00 15 $ 1,350.00
Projected Annual Admissions Revenue
$ 39,800.00
CONTRACT-STAFFED SUPERVISION
Table 3: Proposed Hours of Operation, Projected Expenditures and Revenue
D Summer:
12 PM - Dusk daily (avg. of 9hrs/day)
Fall, Winter, Spring:
3 PM - Dusk weekdays (6 hrsiday)
9 AM - Dusk weekends (12 hrsiday) $ 200,400.00 $ 99,000.00 $ 101,400.00
10ATTACHMENT 6
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, AMENDING THAT PORTION
OF EXHIBIT F-1 OF RESOLUTION NO. 2008-R048,
WHICH ESTABLISHED THE 2008-2009 RECREATION
USER FEES, TO ADD THE ESTABLISHED SKATEBOARD
PARK FEES.
The City Council of the City of Culver City, California, DOES HEREBY
RESOLVE as follows:
1. Pages 27 through 30 of Exhibit F-1 of Resolution No. 2008-R048,
which established Recreation User Fees, are hereby amended to add the following
Skateboard Park fees:
-6n _._.,__ _-,-, „. ... - - -.'-' .,...--7.- "'"
'0-',__,,,_ ^,,,== •, ^34"-:
. ra., 1 , .. ir: -
.
--tudAlw.7 M-1,44:-WS7''
Annual Registration Fee: Adults 18+
. H
15.00
Annual Registration Fee: Youth 10.00
Daily Skate Pass: Adults 18+ $ 4.00
Daily Skate Pass: Youth
2.00
Quarterly Skate Pass: Adults 18+, unlimited
admissions $ 80.00
Quarterly Skate Pass: Youth, unlimited
admissions
30.00
Annual Skate Pass: Adults 18+, unlimited
admissions $ 240.00
Annual Skate Pass: Youth, unlimited
admissions $ 90.00
//I
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282_ The fees established herein shall be effective on March 1, 2009_
APPROVED AND ADOPTED this day of , 2008.
a SCOTT MALSIN, Mayor
ATTEST:
Martin Cole, City Clerk Carol Schwab, City Attorney|1010101010101010 10
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-2-ATTACHMENT 7
Additions to the Skate Park Area
Proposed Projects and Projected Expenditures
000.0004004:4
Outdoor, on-site staff area
(including: emergency communications equipment, shade tent, chairs, table)
Secure Facility for Staff, Restroom, Drinking Fountain and Equipment: Modular Built
(including: electrical, telephone & DSL, water and sewer, computer, etc)
Secure Facility for Staff, Restroom, Drinking Fountain and Equipment: Custom Built
(including: electrical, telephone & DSL, water and sewer, computer, etc)
4,400.00
166,950.00
245,886.00
13