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HomeMy WebLinkAbout1993-07-19; Parks & Recreation Commission; 793-5; Stafff Update/Skateboard CommitteePARKS & RECREATION COMMISSION - AGENDA BILL AB * 793-5 MTG. 7-19-93 DEPT. ? & R TITLE: STAFF UPDATE/SKATEBOARD COMMITTEE (INFO) o 8 RECOMMENDED ACTION: Accept and file staff report. ITEM EXPLANATION: During the June 21, 1993 meeting, the Parks and Recreation Commission requested an informational report on the progress related to the skateboard issue which has been the subject of recent City Council deliberations. The staff report will present a chronology of events which will outline the work of initial committee proceedings, an unsuccessful attempt to pass legislation to provide immunity from liability, and the anticipated introduction of a City ordinance imposing regulations on the use of skateboards, roller skates, and roller blades on the bluff top walkway from Carlsbad Village Drive to the Encina Power Plant. EXHIBITS: 1. Memo/chronology of events - Assistant to the City Manager's office July 13, 1993 TO: SENIOR MANAGEMENT ANALYST, PARKS & RECREATION FROM: Assistant to the City Manager SKATEBOARDING ORDINANCE The following is a brief summary of action taken by the City with regard to skateboarding. • December 17. 1991. The City Council adopts Ordinance NS-188 that prohibits skateboarding in the following areas: 1. Private property open to the public in a general commercial zone, a neighborhood commercial zone, or in the village redevelopment zone where posted by the property owner. 2. The public parking lot on the northwest corner of State Street and Grand Avenue, in the public parking lot on State Street between Carlsbad Village Drive and Oak Avenue, or in the public sculpture park between Oak Avenue and Pine Avenue, west of Carlsbad Boulevard. 3. The City Council may adopt a resolution regulating or prohibiting the use of skateboards on specified public property or public rights-of-way. This ordinance was the result of the first skateboard committee appointed by the City Council. Mayor Lewis, Council Member Larson and seven Carlsbad residents served on this committee. The committee was formed due to opposition in the community to the first skateboard ordinance proposed by City staff. This ordinance would have prohibited skateboarding in the redevelopment area, the bluff top walkway, and in general neighborhood and commercial zones. The City Council rejected that ordinance and appointed a committee. The result of the committee's efforts was the ordinance outlined above. • July 17. 1992. The City Council adopts Resolution 92-229 prohibiting skateboarding on Ocean Street south of Oak Avenue (the parking lot directly north of the Split Pavilion). This area was added due to the number of complaints received from residents and business owners. 018 EXHIBIT 1 • October. 1992. The City Council limits the hours skateboarding is allowed in the public parking lot on the northeast corner of Carlsbad Village Drive and Roosevelt Street to after 6:00 p.m. Monday through Saturday. Business owners in the area had complained about skateboarders disrupting traffic in the parking lot and creating safety hazards for pedestrians. Rather than ban skating completely in the parking lot, the City simply restricted the hours. Due to the concern expressed by residents during the City Council meeting about the lack of a facility for skaters, the Council appointed another skateboard committee. The nine-member committee included a school district board member, a skateboarder, and seven Carlsbad residents. The committee was given the following tasks: 1. Review where skateboarding is allowed and where it is prohibited. 2. Identify possible sites for use by skateboarders. The committee reported back to the City Council in February of this year. A copy of that staff report is attached for your information. The City Council, due to the liability exposure for a skateboard facility, directed staff to pursue legislation that would add skateboarding to the list of hazardous recreational activities which exempts public entities and public employees from liability. This was to be accomplished before further evaluating the feasibility of a City skateboard facility. Assembly Member Morrow introduced the legislation but was not successful in getting the bill through the legislature. City staff will submit this legislation for inclusion in the California League of Cities platform for the upcoming legislative session. If the City is successful in changing state law, the issue of a City skateboard facility will be addressed. All appropriate advisory commissions and staff will be involved in that process. Please call me with any questions. LORI LIEBERMAN c: City Manager Parks & Recreation Director 013 CITY OF CARLSBAD — AGENDA BILL AB # MTQ. DEPT. 2/2/93 CM TITLE-REPORT ON SKATEBOARD COMMITTEE ACTIVITIES DEPT. HD. CITY ATTY CITY MGR RECOMMENDED ACTION: 1. Receive status report on Skateboard Committee activities; 2. Direct staff to further explore the feasibility of the following sites for skateboarding (see Exhibit 1): o I 3. * Site 1 - the parcel east of Fire Station #1 on Carlsbad Village Drive (owned by Pardee Development); * Site 2 - the two-acre lot on the corner of Elmwood Street and Laguna Drive (City- owned); and * Site 3 - aii open space area near the pump station on Carlsbad Boulevard at State Street (City-owned); Direct staff to explore the feasibility of a divided walkway to separate pedestrians from non-motorized vehicles on the blufftop; and 4. Approve the legislative approach to governmental immunity for skateboarding activities. ITEM EXPLANATION: On October 20, 1992, the City Council appointed a Skateboard Committee composed of concerned Carlsbad youth, parents, merchants and City Council and School District representatives. The Council charged the Committee with reviewing where skateboarding is currently allowed in the city and where it is prohibited, and identifying possible sites for use by skateboarders throughout the city including school sites. These issues arose when the Council was asked to consider prohibiting skateboarding in the public parking lot located at the corner of Carlsbad Village Drive and Roosevelt Street Public opposition to this prohibition and concern over the lack of alternate skateboarding sites prompted the City Council to form the Committee. Skateboarding is currently prohibited in several downtown parking lots, including the lot on State Street between Carlsbad Village Drive and Oak Avenue, and in the fountain parking lot on Grand Avenue (see Exhibit 2). Skateboarding is prohibited in these areas by an ordinance adopted by the City Council on January 7, 1992. The ordinance was developed by a similar citizen's committee appointed by the City Council on November 5, 1991 to address private property owner's concerns and safety issues related to skateboarding. The ordinance also prohibits skateboarding on private property open to the public in a general commercial zone, neighborhood commercial zone or in the redevelopment zone where posted by the property owner. In addition, the City Council may adopt a resolution regulating or prohibiting the use of skateboarding on specified public property or public right-of-way. Since adoption of the ordinance the City has prohibited skateboarding in the public parking area on Ocean Street south of Oak Avenue and limited skateboarding in the parking lot on the northeast corner oj Carlsbad Village Drive and Roosevelt Street to after 6:00 p.m., Monday through Saturday. 020 Page 2 of Agenda Bill Site Identification The Skateboard Committee has reviewed various sites throughout the city which may be used by skateboarders. The Committee evaluated the existing City-owned parking lots in the Village area for passible use by skateboarders. Due to the concern among Village merchants with regard to the available parking in the downtown area, staff is not recommending the dedication of a parking lot for skateboarding. Alternatives for addressing parking in the Village area are being addressed in the update of the Redevelopment Master Plan. Once the update of the Plan is complete staff may wish to reconsider use of an existing public parking lot Also included in this site review was the feasibility of utilizing Carlsbad Unified School District (CUSD) facilities. CUSD has adopted a policy prohibiting skateboarding, rollerblading and rollerskating on aU CUSD school sites and property (see Exhibit 3). School District officials have indicated that the District might reconsider the policy if funds were set aside to pay for damages to school property. Since neither CUSD or the City have funds currently appropriated for repairs the Committee is not recommending the use of CUSD sites or property. Issues related to liability have been analyzed. The City's municipal liability insurance pool wfll provide liability coverage for low-hazard facilities only. (City exposure under the current policy is $500,000.) Acceptable components of a low-hazard facility include: - Curbs - Benches - Mini-Banks (3* or lower curved cement walls) - Slightly slanted snake-run trails - Shallow dips - Open cement courts or riding grounds The Skateboard Committee recommends that staff be directed to further explore the feasibility of several sites in Carlsbad for establishment of a low-hazard skateboard facility. The facility would be unsupervised and unsecured. These sites include: • • • - the parcel east of Fire Station #1 on Carlsbad Village Drive; - the two-acre lot on the corner of Elmwood Street and Laguna Drive; and - an open space area near the pump station on Carlsbad Boulevard at State Street; Issues investigated in the feasibility analysis on these sites will include: - impacts of noise, litter and traffic congestion on surrounding property owners; - safety issues; - cost to lease property identified as Site 1; - facility construction costs; and •. - on-going maintenance and operation costs. In conjunction with this analysis, staff and the Committee wfll continue to look in^ti possibility of a public/private partnership. The Committee has already received a presematic from the former operator of the skate park at the Carlsbad Raceway. The operator express< interest in working with the City to develop a skateboard facility. For example, the City wou - 021 3 uf Agenda 3iil No. lease land at a minimal cost (Si/year) and the operator would construct and operate the facility. No formal proposal has been received since a site has not been identified. The Committee believes there is a population in Carlsbad that uses skateboards, rollerblades, rollerskates and bicycles as a form of recreation. The Committee recommends that the Parks and Recreation Commission and City Councfl consider these needs in the design of future parks. Blufltop Walkway The issue of skateboarding on the blufftop walkway was also addressed by the Skateboard Committee. The Committee recognizes that conflicts do exist between pedestrians and skateboarders, rollerbladers, bicyclists, etc. Therefore, it is recommended that staff be directed to explore the feasibility of a divided walkway along the blufftop to separate pedestrians from the other modes of transportation. Public Information Efforts The Committee is also working on an informational brochure to be distributed to skateboarders throughout the City and merchants i'n the Village area. The brochure wfll indicate where skateboarding is currently allowed, where it is prohibited and suggests ways to-prevent accidents with pedestrians and motorists. The brochure will be given to Police Officers and merchants in the area for distribution. The School District is also being asked to distribute the brochure. In addition, Committee members win be applying for a grant from the Carlsbad Cable Television Foundation to produce a video on safe skating. Legislation The Skateboard Committee asked the City Attorney to recommend several legislative approaches to obtaining governmental immunity from injuries incurred as a result of skateboard activities. After reviewing the alternatives, the Committee voted unanimously to recommend the following approach: Amend Government Code Section 831.7 to add the word "skateboarding" (see (3) below) as a hazardous recreational activity as follows: "(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 Iiaving 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, "liazardous 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. 022 Page 4 of Agenda Bill Mo. "Hazardous recreational activity" also means: "(1) Water contact activities, except diving, in places where or at a time when Ufeguard&Fe not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. "(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. "(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, skateboarding, boating, cross-country and downfall skiing, hang-gliding, kayaking, motorized vehicle activity, off-road motor cycling or four-wheel driving of any kind,... " (Underline added). The City Council Legislative Committee has reviewed and approved this approach. Mayor Lewis has asked Assemblymember Morrow to sponsor this legislation in the current legislative session (see Exhibit 5). FISCAL IMPACT: If Council concurs with the recommended action, staff will return with the following estimates: Low Hazard. Non-supervised Skateboard facility, facility construction costs and on-going maintenance and operation; Blufftoo walkway: cost to divide the walkway with striping; and Legislative approach; approximate staff time involved with this effort. The construction of a skateboard facility should be considered as part of the 1993-94 City budget deliberations. EXHIBITS: 1. Site Location Map. 2. Village Area Skateboarding Prohibitions. 3. Carlsbad Unified School District Policy 3513. 4. Draft of Skateboarding Information Brochure. 5. Letter dated January 21, 1993 to Assemblymember Morrow. ' 023 EXHIBIT : LOCATION MAP r SITE 3 NOT TO SCALE VILLAGE REDEVELOPMENT ZONE BOUNDARY 024 3RA*N Blft SCOn EVANS. CARLS3AO ENCINflRING OEPT. EXHIBIT 2 s**s*-*«^ 5 •S•3 si *»* •*• o151 ll EXHIBIT 3 CARLSBAD UNIFIED SCHOOL DISTRICT Carlsbad, California Business and Non-Instructional Operations Policy 3513 PROHIBITION QF SKATEBOARDING. RQI1PRSLADING. AND ROLLERSKATINS Due to the damage to facilities and the possible liability to the District inthe event of participant or other injury* skateboarding, rollerbUdIng, and rollerskiting are prohibited on all Carlsbad Unified School District schoolsites and property. Appropriate signs Informing the public of the prohibition of skateboarding,rollerblading, and rollerskating shall be erected at each Carlsbad Unified School District school site and property. Ltgal Raf«renca: .Education Code: S35160 Vehicle Code: \Z\\13(b) I (f) Policy Review: January 22, 1992 Policy Adopted: January 22, 1992 d S ?* isr S 9 MS<">b COr II K CO w i pi ii ? j3 , <? ^ I § iS- 3. a 1 S - * B10 ? ?lit i ; « a 4 » B 3-si: 16. t&IIlr^ P4 ^ 3 ^ 'e!! t I**r 02 ere S 1 •S K xx f g :g| I 3 VJ •••" IR|-1:!• iii s>^^ O 8 5 H S ? | S Sg^lBB3 a S3 s S ^§2°33? C S C K\o s3^3 I8ii S3 55 023 85a EXHIBIT 5 City of Carlsbad Office? orf the IV/fayor January 21, 1993 Assemblyman Bill Morrow 73rd State Assembly District 3088 Pio Pico Drive Carlsbad, CA 92008 Dear As my staff discussed over the phone with your staff, the City of Carlsbad is requesting your sponsorship of legislation that would make skateboarding a hazardous recreational activity. This issue was raised in 1991 in response to occurrences of property damage, and pedestrian, skateboarder and vehicular traffic hazards reportedly caused by skateboarders in the downtown Village Area. After hearing public testimony about these hazards, the Cityi Council directed staff to prepare an ordinance which would allow skateboarding for recreation and transportation, while at the same time allowing private property owners to protect their property. The resulting ordinance prohibits skateboarding on private property open to the public in neighborhood and general commercial zones where signs are posted. It also prohibits skateboarding in two downtown public parking lots, and allows the City Council, by resolution, to further prohibit skateboarding on public property upon the placement of appropriate signage. The problem which has arisen as a result of these prohibitions is fewer areas in which skateboarders can practice their sport In an attempt to provide safe recreational opportunities for our youth, the City Council appointed a citizen's Skateboard Committee to investigate possible areas for use by skateboarders. One of the overwhelming factors in this investigation is liability. Existing law does not provide immunity for public agencies from skateboard activities. Assembly Bill 2487, sponsored by the League of California Cities and signed by Governor Wilson this past summer, provides that for skateboard facilities that are not supervised on a regular basis that are owned or operated by local public agencies, the requirement to require persons riding skateboards therein to wear helmets and elbow and knee pads may be satisfied if the local agency adopts an ordinance and posts signs at the facility. However, it is the opinion of our City Attorney that this legislation does provide immunity from injuries incurred as a result of these activities. 029 - ~~,-> s-.^,,^.^^^ \/;na^.Carlsbad. California 92OO8-1 989 • (61 9) 434.-233O Assemblyman Morrow January 21, 1993 Page 2 The Committee asked the City Attorney to recommend several legislative approaches to obtaining governmental immunity from skateboard activities. After reviewing the alternatives, the Committee voted unanimously to recommend the following approach: Amend Government Code Section 831.7 to include skateboarding as a hazardous recreational activity as follows: "(a) Neitlier a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists tlie 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 tlie place of risk, or havbig the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. u(b) As used in this section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator. "Hazardous recreational activity" also means: "(1) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. "(2) . Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given. "(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, skateboarding boating, cross-country and downliitt skiing, hang-gliding, kayaking, motorized veliicle activity, off-road motor cycling or four-wheel driving of any kind,... " (Underline added). The City of Carlsbad is requesting your sponsorship of this proposal as legislation during the 1993-94 State legislative session. The League of California Cities has indicated it would be able to support this legislation. If you agree to sponsor this proposal, the City Council and City staff will assist you in any way we can. 030 Assemblyman Morrow January 21, 1993 PageS Thank you for your consideration of this proposal, and I look forward to hearing from you soon. Sincerely, CLAUDE A. "BUD" LEWIS Mayor jw c: City Council City Manager City Attorney 031 CITY OF CAHLbbAO - AUfcNUA BILL ^jM AR« iZ^SK UTO 1*1 £&/??>/ ntPT. POL ILH£;JJ^m~> AMENDMENTS TO THE MUNICIPAL CODE TO RESTRICT SKATEBOARDING AND ROLLER SKATING DEPT. HDfiSf CITY ATT\ (j-T CITY MGR.J^l RECOMMENDED ACTION: If the Council so desires, your action will be to introduce Ordinance No. A^S-^u/(p . amending Chapters 10.32 and 10.58 to add additional restrictions on skateboarding and roller skating. ITEM EXPLANATION At its meeting of March 2, 1993, the City Council directed staff to prepare an ordinance which would prohibit skateboarders and roller skaters from using public rights of way in a manner which interferes with use by the general public. Since we were anticipating the passage of AB 533 we did not bring this forward. AB 533 failed and it is now necessary to adopt this proposed ordinance. The Police Department and the City Attorney's office jointly prepared the proposed ordinance, which prohibits skateboarders, roller skaters, and others using similar devices from interfering with pedestrians on any sidewalk or public right of way, or interfering with the lawful use of a public right of way by. vehicular traffic. Persons using these devices must exercise due caution and yield the right of way to pedestrians. The ordinance also renumbers a section which prohibits skateboarding and roller skating in a public drainage facility, tennis court or gymnasium. The renumbering places the section into the same chapter as other ordinances regulating skateboarding. FISCAL IMPACT Increased enforcement costs in an unknown amount. EXHIBITS 1. Ordinance No. 2. Section 10.32.035 032 EXHIBIT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.32 AND CHAPTER 10.58, OF THE CARLSBAD MUNrCIPAL CODE FOR RESTRICTIONS ON SKATEBOARDING The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 10, Chapter 10.32 and Chapter 10.58 of the Carlsbad Municipal Code are amended by the renumbering of section 10.32.035 to section 10.58.040. SECTION 2: That Title 10, Chapter 10.58 of the Carlsbad Municipal Code is amended by the addition of section 10.58.050 to read as follows: "10.58.050 Interference with pedestrians and traffic. (a) Any person upon a skateboard, roller skates, coaster or any similar toy vehicle or device, shall exercise due caution and shall yield the right of way to and not interfere with pedestrians on any sidewalk or public right of way. (b) No person shall ride roller skates, coasters, skateboards, toy vehicles, or similar devices on any public right of way in such a manner as to interfere with or prevent the lawful use of a public right of way by vehicular traffic." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the city clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of . 1993, and thereafter 033 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1993, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 034 10.32.010 Chapter 1032 MISCELLANEOUS DRIVING RULES Sections: 10-32.010 Driving through funeral processions. 1032.030 Driving vehicles on sidewalks or parkways prohibited. 1032.035 Toy vehicle use restrictions. 1032.040 New pavement. 1032.050 Restricted access. 1032.060 Restriction on use of freeways. 1032.070 Certain vehicles prohibited in business district. 1032.080 Riding horse on sidewalk. 1032.090 Truck routes—Generally. 1032.091 Truck routes—Streets designated. 1032.092 Truck routes—Vehicles allowed. 1032.093 Truck routes—Posting. 1032.010 Driving through funeral processions. No driver of a vehicle shall drive between vehi- cles comprising a funeral procession while they are in motion and when the vehicles in such processions are conspicuously so designated. (Ord. 3005 § 45) 1032.030 Driving vehicles on sidewalks or parkways prohibited. The driver of a vehicle, including bicycles, shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway. (Ord. 3005 § 47) 1032.035 Toy vehicle use restrictions. No person shall skate, or use or ride any roller skates, coaster, skateboard, bicycle, toy vehicle or other forms of transportation in any public drainage facility, culvert, ditch or channel, tennis courts or gymnasiums. (Ord. 3143 § 1,1982) 1032.040 New pavement. No person shall ride or drive any animal or any vehicle over or across any newly-made pave- ment or freshly-painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed. (Ord. 3005 § 48) 1032.050 Restricted access. No person shall drive a vehicle onto or from any limited-access roadway except at such entrances and exits as are established by public authority. (Ord. 3005 § 49) 1032.060 Restriction on use of freeways. No person shall drive or operate any bicycle, motor-driven cycle, or any vehicle which is not drawn by a motor vehicle upon any street estab- lished as a freeway, as defined by Section 332 of the state Vehicle Code, nor shall any pedestrian walk across or along any such street so designated and described except in a space set aside for the use of pedestrians; provided, that official signs are in place giving notice of such restrictions. (Ord. 1296 § 16,1980; Ord. 3005 § 50) 1032.070 Certain vehicles prohibited in business district. (a) No person shall operate any of the follow- ing vehicles in the business district between the hours of seven a.m. and six p.m. of any day: Any freight vehicle more than eight and one- half feet in width, with load, or any freight vehicle so loaded that any part of its load extends more than twenty feet to the front or rear of the vehicle. (b) Provided, that the chief of police may by written permit authorize the operation of any such vehicle for the purpose of making necessary emergency deliveries to or from points within the business district. (Ord. 3005 § 78) 277 035