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HomeMy WebLinkAbout1996-08-19; Parks & Recreation Commission; 896-3; City Council RequestPARKS & RECREATION COMMISSION - AGENDA BILL AB# 896-3 r~S 08-19-96 DcPT CSD TITLE: CITY COUNCIL REQUEST / CATAGORICAL SELECTION OF SKATEBOARD COMMITTEE (ACTION) RECOMMENDED ACTION: Consider a City Council request for the Parks and Recreation Commission to make recommendations regarding the categorical selections which would provide representation on a committee to study the feasibility of a skateboard facility in Carlsbad. Take appropriate action. ITEM EXPLANATION: During the past several years the City has studied and explored the feasibility of providing a skateboard facility for the community (exhibit 1). Due to the increase in popularity of the sport, the City Council has authorized the formation of a proposed seven member volunteer skateboard committee. The function of this committee would be to study and make recommendations through the Parks and Recreation Commission, who would then deliver a final report to the City Council regarding the feasibility of providing a City-owned skateboard facility (exhibit 2). The Council is requesting the Parks and Recreation Commission review and make recommendations as to the categorical make-up of the proposed seven-member committee. Council proposed the committee consist of one individual in the following categories: • Junior high school aged rider • Senior high school aged rider • Professional rider • Representative of a local business • Citizen at large • A mother or father of riders • Member of the Parks and Recreation Commission Once individual members are assigned by the Mayor/Council, it will be the responsibility of the committee to study and make recommendations to the Parks and Recreation Commission as to the appropriate site or sites for construction, preferred size, a design layout and an estimated cost for construction and maintenance. At this time, the Council has referred this issue to the Parks and Recreation Commission to consider the proposed categories of the committee make-up and make recommendations back to the Council so that individual representatives of each category may be appointed to serve on the skateboard committee. EXHIBITS: 1. Memorandum to Mayor/Council - August, 1995. °- City Council Agenda Bill no. 13767. , Memo from Community Services Director. August 1, 1995 TO: MAYOR CITY COUNCIL VIA: City Manager FROM: Assistant to the City Manager SKATEBOARDS IN CARLSBAD The Mayor and Council recently received a request from residents and business owners in the Village to ban skateboarding in the Redevelopment Area. It is interesting to note the first recommendation made by staff to regulate skateboarding in Carlsbad was a recommendation to ban skateboarding in the Redevelopment area. A copy of the citizens request is attached for you information (Attachment #1). Staff has sent Mr. Jones a letter indicating they are reviewing current skateboard regulations and asked Mr. Jones to forward a list of specific problem areas in the Village in order that contact can be made with the skaters. The following summary will provide you with skateboarding background information as well as Council's previous actions surrounding skateboarding in the City, particularly in the Redevelopment Area. INITIAL COUNCIL ACTION - 1991 The issue was placed on the City Council agenda in September, 1991 by Council Member Margaret Stanton in response to occurrences of property damage (both private and public), and pedestrian, skateboarder and vehicular traffic safety hazards. At its meeting of September 10, 1991, the City Council heard testimony from several members of the public detailing the nuisances caused by skateboarders and their concern for the safety of skateboarders. Those who testified were in support of an ordinance prohibiting skateboarding in certain areas of the City. After hearing this testimony, Council directed staff to prepare an ordinance which would have prohibited skateboarding in certain areas of the City. Staff returned with an ordinance on November 5, 1991, that prohibited skateboarding in the Village Redevelopment Zone, Ocean Street between Cypress Avenue and Carlsbad Village Drive, and on the blufftop walkway. In addition, the ordinance also prohibited skateboarding on private property open to the public in general and neighborhood commercial zones where signs are posted. 18 EXHIBIT 1 Mayor & City Council August 1, 1995 Page 2 Finally, the ordinance allowed the City Council, by resolution, to prohibit skateboarding at any time on specific public property or public right-of-ways, upon the posting of appropriate signs. (See Attachment #2 - Map of the Village Redevelopment Zone). Due to the concerns expressed by citizens attending this hearing, the Council appointed a committee to review skateboarding in Carlsbad and return to the Council with recommendations. SKATEBOARD COMMITTEE #1 - 1991 This committee was appointed by the City Council at its meeting of November 5, 1991 (referenced above) and was comprised of Mayor Lewis, Council Member Eric Larson and seven Carlsbad residents. The Committee was charged with addressing the issue of skateboarding in the City, the occurrences of property damage and pedestrian, skateboarder and vehicular traffic hazards which are reportedly caused by skateboarders. This Committee met several times and proposed an ordinance which was adopted by the City Council on December 17,1991. The ordinance prohibits skateboarding on private property open to the public in general commercial and neighborhood zones, and in the village redevelopment zone where signs are posted. It also prohibits skateboarding in two Village Area parking lots, specifically the "fountain parking lot" on State Street and Grand Avenue, and the public parking lot on State Street between Carlsbad Village Drive and Oak Avenue. In addition, the ordinance prohibits skateboarding in the sculpture park. Finally, the ordinance allows the City Council, by resolution, to regulate or prohibit skateboarding at any time on specific public property or public right-of-ways upon the posting of appropriate signs. The ordinance was introduced and first read at this meeting and was second read and adopted by the City Council on January 7, 1992. In addition to the ordinance for City Council adoption, the Skateboard Committee indicated it would investigate the feasibility of a privately-funded skateboard park in Carlsbad. The Committee members interested in this option have never reported back to the Council. OCEAN STREET - 1992 The City Council at its June 14, 1992 Meeting, adopted a resolution prohibiting skateboarding on Ocean Street south of Oak Avenue. The Police Department received several complaints about skateboarding in the public street, north of the Split Pavilion and west of the Surf Shop. Because of its proximity to the Split Pavilion, there was some confusion as to exactly where skateboarding is prohibited. In order to provide consistency, the adopted resolution prohibits skateboarding in this area including adjacent sidewalks and the parking lot. (See Attachment #3 - Ocean Street Location Map) 19 Mayor & City Council August 1,1995 Page 3 ROOSEVELT STREET PARKING LOT -1992 This parking lot is located on the northeast corner of Carlsbad Village Drive and Roosevelt Street and is a City-owned lot. The Mayor and Council received a letter signed by members of the downtown business community requesting action be taken to mitigate the impacts of skateboarder using this parking lot. In response to this request, staff submitted a resolution to City Council on October 6, 1992 that would have prohibited skateboarding in this parking lot. Public opposition to this prohibition and concern over the lack of alternative skateboard sites prompted the Council to defer this matter until more public testimony could be taken. Additional testimony was taken at the Council meeting of October 20, 1992 at which time Council directed staff to return with a resolution prohibiting skateboarding in the public parking lot on Carlsbad Village Drive and Roosevelt Street between 8:00 a.m. and 6:00 p.m., Monday through Saturday. The Council adopted this resolution on November 3,1992. In addition to adopting this resolution, the Council also adopted a resolution establishing another citizen committee. SKATEBOARD COMMITTEE #2 -1992 THE SEQUEL The Committee was charged 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. Members of the Committee included Council Members Nygaard and Stanton, Carlsbad Unified School District Board Member Jim McCormick, a student representative, a parent and three business owners. Site Identification The Committee reviewed various sites throughout the City including City-owned parking lots and Carlsbad Unified School District (CUSD) facilities. Due to the concern among Village merchants with regard to the available parking in the downtown area, staff did not recommend the dedication of a parking lot for skateboarding; however, it was recommended in the Committee report that once the Village Master Plan was complete the issue of utilizing a City-owned lot in the Village area should be revisited. With regard to school facilities, CUSD has adopted a policy prohibiting skateboarding, rollerblading and rollerskating on all CUSD school sites. CUSD did indicate it would be willing to 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 did not recommend the use of CUSD sites or property. Mayor & City Council August 1,1995 Page 4 The Skateboard Committee recommended staff be directed to explore the feasibility of several sites in Carlsbad for establishment of a low-hazard skate facility. The facility was proposed to be unsupervised and unsecured. The sites to be reviewed (Attachment 4) included: 1. Parcel east of Fire Station #1 on Carlsbad Village Drive 2. Two acre lot on the comer of Elmwood Street and Laguna Drive 3. Open space area near the pump station on Carlsbad boulevard at State Street. At the City Council meeting however, staff was directed to pursue legislation that would diminish the liability exposure to the City, so the site review recommended by the Committee was not conducted. A discussion of the liability issue and legislation follows this section of the report. City Liability At the time of Skateboard Committee #2's report to the City Council, the City's Municipal Liability Insurance Pool would provide liability coverage for low-hazard facilities only. (City exposure under the current policy is 5500,000). 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 cost to construct a small low-hazard facility was estimated to be $15,000 to 320,000 in 1992 but does not include land costs. As mentioned above, the Council directed staff to pursue legislation that would provide governmental immunity from injuries incurred as a result of skateboard activities. The specific legislation proposed would have added skateboarding to the list of "hazardous recreational activities". Legislation was introduced by Assemblyman Morrow in the 1993 Legislative Session; however, the City was unsuccessful in getting the bill passed by the Legislature. Additionally, the issue was included in the League of California Cities 1994 Legislative Policies but no legislative action was taken. 21 Mayor & City Council August 1,1995 Page 5 Blufftop Walkway The Committee also recognized conflicts do exist between pedestrians and skateboarders, rollerbladers, bicyclists, etc. Therefore, the Committee recommended and Council concurred with directing staff to explore the feasibility of a divided walkway along the blufftop to separate pedestrians from the other modes of transportation. In evaluating this request, staff had to consider the standards set by the Americans with Disabilities Act (ADA). The ADA provides minimum walkway widths and passing space for persons using wheelchairs. Due to these requirements, the Council concluded that dividing the walkway was not feasible. Public Information Efforts The Committee developed an informational brochure that was distributed to skateboarders throughout the City and merchants in the Village area. The brochure indicates where skateboarding is currently allowed, where it is prohibited and suggests ways to prevent accidents with pedestrians and motorists. Staff is in the process of updating the brochure and will distribute it in the Village area as well as provide copies to Police Officers. PROHIBITION ON BLUFFTOP WALKWAY -1993 The blufftop walkway is one of the places the City receives the most frequent complaints about skateboarders and rollerbladers. In an attempt to address this concern, the Council directed staff to prepare an ordinance that would prohibit non-motorized vehicles from the blufftop sidewalk on the west side of Carlsbad Boulevard. Staff prepared the ordinance and it was submitted for Council consideration on March 2, 1993. This ordinance did except wheelchairs and baby strollers from this prohibition. After extensive public testimony, Council directed staff to return with an ordinance that prohibits skateboarders and roller skaters from using public rights-of-way in a manner that interferes with use by the general public. The Council adopted this ordinance on July 20, 1993. STATUS 1995 Although the City received numerous complaints at the beginning of the summer regarding skateboarders, primarily on the blufftop walkway and in the Split Pavilion, those have decreased significantly due to increased police enforcement. This additional enforcement may have pushed some of the skaters into the Village area. Until last week the City Manager's office has not received any complaints from merchants in the area. Staff has also met with the Mr. Rich Flores. the XYZ skate shop manager on Carlsbad Village Drive, to determine the level of interest on behalf of the private sector in providing funds to construct a skate park. 22 Mayor & City Council August 1, 1995 Page 6 Mr. Flores is contacting several businesses in the community, that are in some way associated with skating to see what interest there is in this issue. He will call to set up a meeting when his work is complete. If you would like additional information or would like staff to take additional action please let me know. LORI LIEBERMAN Attachments 1. Letter from John Jones 2. Map of Redevelopment Zone 3. Ocean Street Location Map 4. Site Location Map 23 ATTA v'f #1 July 19, 1995 Citizen Awareness Group C/O John Jones 3044 State Street Carlsbad, CA 92008 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn.: Matt Hall RE: Skateboarders To Whom It May Concern: I have been having as much trouble with the above problem as I want The persons who use this means of recreation are abusing everything. The skateboarders have no respect for property, people, sidewalks, or streets; their destructive nature knows no bounds. I have seen and witnessed outright flaunting of the law. The skateboarders persist in using anything that they see fit for ramps, rises, and the like. They have not the least bit of respect for public or private property. I am writing to let you know of this persistent problem!!! The skateboarders are a danger to anyone near them, and even to themselves, with their wild antics. I am representing several people and merchants who are thoroughly disgusted with this problem. We wish you to propose NO SKATEBOARDING IN THE REDEVELOPMENT AREA. This constitutes the entire downtown area, and all connected streets and alleys. Here are some signatures for now, and if more ane needed we will certainly get them. Thank You, John Jones * ,-rt vv^ Citizen Awareness Group < /' >/ . i UJ Zo N H2 UJ£ Cu Oj UJ> UJ Q UJcc UJ o < ATTACHMENT #3 EXHIBIT 2 O O Sf "3 <S^.S -a S§-s fe3 £4 332^:-. s ^ . ATTACHMENT #4 EXHIBIT 1 LOCATION MAP SITE 3 •VILLAGE: ^EDEVELCPMENF ;:,NE BOUNDARY CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT.MAYOR TITLE REFERRING THE ISSUE OF THE FORMATION OF A SKATEBOARD COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS REGARDING FEASIBLE SITES. DESIGNS, AND ESTIMATED COSTS OF CONSTRUCTION AND MAINTENANCE FOR A CITY OWNED SKATEBOARD FACILITY RECOMMENDED ACTION: Adopt Resolution No. 9^-<£f7t/ referring the issue of the formation of a committee to study feasible sites and designs for a City-owned skateboard facility to the Parks and Recreation Commission. ITEM EXPLANATION: The Council determined at its meeting of July 9, 1996, that the Resolution addressing the proposed formation of a skateboard committee should be revised to refer it first to the Parks and Recreation Commission. That Resolution has been revised and is included for the Council's consideration. A skateboard committee was first formed in 1991, to study issues relating to skateboarding including the feasibility of a privately funded skateboard park in Carlsbad. The second skateboard committee was formed in 1992 and charged with reviewing sites where skateboarding was allowed and prohibited in the City, and identifying possible sites for use by skateboarders throughout the City. The committee recommended that staff be directed to explore the feasibility of several sites in Carlsbad for establishment of a low hazard skate facility. At the City Council meeting, however, staff was directed to pursue legislation to diminish the liability exposure to the City, so the site review recommended by the committee was not conducted. Now, in response to a request by skateboarders to provide skateboard facilities for this increasingly popular sport, the Council subcommittee is requesting the Council to refer the issue to the Parks and Recreation Commission forjts_recprnrnendations as to forming ajnine- .. member, committee to study the feasibility of development of the first City-owned skateboard" facility in Carlsbad. The proposed committee would consist of a group of volunteers (none of whom would be members of the City Council), and include one elementary school, one junior high school, and one high school aged rider, a professional rider, representatives of two local related businesses, a mother and father of riders, and a member of the Parks and Recreation Commission. Upon formation, the Committee will study and recommend to the City Council through the Park and Recreation Commission an appropriate site or sites for construction of a local skateboard facility, preferred size and design layout of the facility, and estimated construction and maintenance costs. EXHIBIT 2 Agenda Bill No. Page 2 Based upon information obtained from cities which currently have city-owned skateboarding facilities, and the recommendation of the City Attorney on liability issues, the following guidelines and considerations will be imposed on the committee's recommendations: The skateboard facility will be City-owned, but not supervised by City employees. No specific fee will be charged, since existing state law provides that a city will lose potential immunity if it does. Legislative attempts to correct this situation and to specifically add skateboarding to the list of hazardous recreational activities continue in Sacramento. It should have only low hazard props. The facility should be in a highly visible location. Wearing of safety equipment will be mandatory while using the facility, and this mandate will be conspicuously posted at all facilities and vigorously enforced by citations for a violation of a municipal code ordinance which will be enacted for that purpose. FISCAL IMPACT: The cost of the actual study is negligible. Design and construction fees will vary depending on the size of the facility, the complexity of the design, and whether or not the facility is incorporated into an existing park with amenities such as bathrooms, parking, fencing and landscaping. An additional cost may be land acquisition, if a site other than a currently owned City property or existing park is recommended. EXHIBIT: 1. Resolution No. 30 S li o enO _l£ DC 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REFERRING THE ISSUE OF FORMATION OF A SKATEBOARD COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS REGARDING FEASIBLE SITES, DESIGNS, AND ESTIMATED COSTS OF CONSTRUCTION AND MAINTENANCE FOR A CITY- OWNED SKATEBOARD FACILITY WHEREAS, the City Council of the City of Carlsbad desires to form a skateboard committee to study the feasibility and manner, methods, financing and other alternatives of providing a City-owned skateboard facility for use by City residents in response to a demand for such facilities; and WHEREAS, based upon information obtained by City staff from other existing municipal skateboard facilities and the recommendation of the City Attorney, the following guidelines will be placed on the committee's recommendations: The facility will be unsupervised by the City, it will have only "low hazard" props, there will be_no specific fee charged for the use of the facility, it will be in a high visibility location, and it will have conspicuously posted a mandatory requirement for wearing safety equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the matter will be referred to the Parks and Recreation jf,, • - ~*~ ' "~' ~~~~*——~«« Commission for recommendations as to a(^oposjBd__jeven-rnernber volunteer committee whose task shall be to study and make recommendations through the Parks and Recreation Commission regarding suitable locations, jdesjgn, estimated costs for construction and maintenance of a City-owned skateboard facility, which will be 1 2 3 4 5 6 7 8 9 10 11 12o 5) > 2 -]O 5: £ g< o S < o 3 < 14 j? o •* O ic < >• 2 <Z LU CO o§ | 5 S 16 tow£N 17 18 19 20 21 22 23 24 25 26 27 28 considered by the Council in determining whether to approve the construction of such a- facility. 3. That the catetories of the individuals who serve on the committee shall be recommended by the Parks and Recreation Commission and approved by the Mayor. 4. That the committee shall make its recommendations^ to the City Council through the Park and Recreation Commission and, thereafter be dissolved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the dav of 1996. bv the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) _, August?, 1996 TO: RECREATION SUPERINTENDENT FROM: Community Services Director SKATEBOARD PARK FEASIBILITY STUDY On August 6,1996 Council referred the issue of a formation of a Skateboard Committee (7 members) and to make a recommendation to Council regarding the feasibility of a City Skateboard Park to the Parks and Recreation Commission. I would like you to be the staff liaison person to the committee utilizing the Park Development Coordinator and the Senior Management Analyst as resource personal for assistance. DAVID BRADSTREET c: Assistant City Manager Park Development Coordinator i/Senior Management Analyst Skateboard Park File EXHIBIT 3 31