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HomeMy WebLinkAboutAgenda Report - February 17, 1999 Public CommentContinued February 17, 1999 Council Member Hitchcock recommended that the City discuss this matter with the League of California Cities. The City Council, on motion of Council Member Pennino, Mann second, unanimously adopted the following resolutions: • Resolution No. 99-35 entitled, "A Resolution Of The Lodi City Council Approving The Installation Of No -Parking Zones At Various Locations" as set forth below: D Cherokee Lane — install 50 feet of no parking on the west side of Cherokee Lane, just north of the driveways located at 1721 and 1651 South Cherokee Lane; and D Cherokee Lane — install 40 feet of no parking on the east side of Cherokee Lane, just north of the southerly driveway located at 1800 South Cherokee Lane. • Resolution No. 99-36 entitled, "A Resolution Of The Lodi City Council Approving Parking Restrictions, And Thereby Amending Traffic Resolution No. 97-148" as set forth below: D Cherokee Lane — prohibit the parking of vehicles six feet or more in height on the east side of Cherokee Lane from Almond Drive to 100 feet north of Almond Drive; D Cherokee Lane — restrict commercial vehicle parking from 7:30 a.m. to 9:00 p.m., everyday on the east side of Cherokee Lane from 180 feet north of Almond Drive 653 feet north of Almond Drive in front of the property addressed 1700 and 1740 South Cherokee Lane; and D Beckman Road — restrict commercial vehicle parking from 7:00 a.m. to 8:00 p.m., everyday on the east side of Beckman Road from Vine Street to 350 feet north of Vine Street in front of the property addressed 880 South Beckman Road. b) Agenda item #H-2 entitled, "East Side Improvement Committee phone survey results". Community Improvement Manager Wood informed the City Council that the East Side Improvement Committee conducted an informal survey of residents throughout the City of Lodi, asking the question, "What is your number one civic concern which may personally effect you and/or your neighborhood?" From that survey, 268 responses were received, and the results were shared with the City Council by Community Improvement Manager Wood and Lodi East Side Improvement Committee Chairperson, Virginia Lahr. Questions were posed by the City Council regarding the method of the survey. This matter was for information only; therefore, there was no Council action required. 10. ORDINANCES None. 11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS a) Mike D. McIntyre, co-owner of the 5-0 Skate Park, 615 West Locust Street, Lodi, informed the City Council that, due to an accident involving a youngster, the skate park will be closing on February 28, 1999. As a result of this accident, the youth sued the City of Lodi, which in turn was turned over to the insurance company. Mr. McIntyre feels that a travesty occurred when the City told the insurance company to sue Mr. Miller, the owner of the property. Lodi has lost a thriving business and a fun activity for the youth of this community. Unfortunately, Mr. Miller cannot find another facility to rent in the same price range and cannot get insurance because of this pending law suit. 8 Continued February 17, 1999 City Manager Flynn stated that staff has been working on alternative solutions that will be brought back at a later time. Further, City Attorney Hays responded to questions regarding the exempting of skateboard proprietors. There was a cap put on age, so they only have immunity for up to 14 years of age. 12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS a) Council Members voiced complaints about the selling of private vehicles on Lower Sacramento Road, between Vine Street and Tokay Street. They feel the City needs to do a better job of enforcement. City Manager Flynn responded that he will look further into the matter. b) Council Member Hitchcock apologized to citizens for not returning a lot of her phone calls. She had a problem with her voice mail box, which has now been corrected, and she will return her phone calls. c) City Manager Flynn sent condolences to the family of Marlene Burton -Knapp, a retired 27 - year employee of the Lodi Police Department, who passed away last week. 13. CLOSED SESSION Mayor Land adjourned the City Council meeting to a Closed Session to discuss the following matters: a) Actual litigation: Government Code §54956.9(a). One case. Fireman's Fund Insurance Company v. City of Lodi. et al., United States District Court, Eastern District of California Case No. CIV -S-98-1489 LKK PAN b) Prospective lease of City property (275± acres adjacent to White Slough Water Pollution Control Facility); the negotiating parties are Pro Style Sports and the City of Lodi. Price and terms of the lease are under negotiation. 14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION The City Council meeting reconvened at approximately 11:05 p.m., and Mayor Land disclosed that there were no final actions taken in these matters. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Land adjoumed the meeting at approximately 11:05 p.m. ATTEST: Alice M. Reimche City Clerk 9 CITY HALL 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6701 (209) 333-6807 FAX February 22, 1999 Mr. Mike McIntyre Lodi, CA 95240 CITY OF LODI CITY ATTORNEY'S OFFICE Re: Skateboard Injury Immunity Dear Mr. McIntyre: RANDALL A. HAYS City Attorney JOHN M. LUEBBERKE Deputy City Attorney During your presentation to the City Council on February 17, 1999, you suggested that there has been some change in the law relative to liability for cities due to injuries sustained by skateboarders. My response to your representation was that yes in fact there had been an attempt to provide some comfort to cities, but that the particular piece of legislation was conditioned in certain ways which when scrutinized closely, provided little comfort. I have included with this letter for your review §115800 of the Califomia Health and Safety Code. This is the particular piece of legislation that became effective January 1, 1998. Subsection (d) is the portion of that section which seeks to provide the comfort you spoke of. You will note that skateboarding is deemed a hazardous recreational activity if certain conditions are met. If those conditions are met there would be immunity in place for the city. However, a close scrutiny of the conditions that are in place demonstrate as I indicated that if any immunity exists at all, it is fairly limited and is extremely fact driven. I would also point out that the section is very specific in that it only relates to skateboards. A lot of the activities at your park as well as others I am sure, are undertaken by individuals on rollerblades. This section clearly does not apply to those who may be rollerblading. After you have reviewed this section, if you have any questions please feel free to contact me. Sincerely, ;g4gc2- RANDALL A. HAYS City Attorney RAH/pn cc: City Council City Manager \\LODINTS40ENT001\DEPARTMENTS\Administration\CA\COURT\PI\SUBRY\McIntyre.doc 4 11 1 1 HEAtitiTA-Kri- Cons Vi15800 • . . — Historical and Statutory Notes 1996 Legislation -of-legislation by Stats.1996, e. (S2.. regUlative findings, declaration and intentrelating to 1497), see Historical and Statutory Notes under Business Stats -1996. -e. -1023-(S fr14971-seellistorisal and Ststetoiy ±dpraejaialis-Ctiie - • _ Notes under Business and Professions Code 690. • S, af 1Ops- ' • - - , - _ . . . . Teri of SeCtiiiii:.;;;. ' 7 -F" -L•7 • • (a). Nfoperator of:a-skateboard park'shill perinit-aiiiperiOn to ride a skatebbau;d•therein,'tialess that person is wearing a helmet, elbow pads, and knee pads.' •'-of-7; '741:1; respeit_sta-any- facility,:owned.or. Operated :by_ai local:Public agency,: that is designed and maintained for the:In:lipase-of recreational skateboard use. aritithat is.not supervised.on_a regular _basis. the requirements ofsubdivision (a) may be Satisfiedby.compliance with the following -(1),Adoptiorkhy the local public agency of.an ordinance requiring any person riding a skateboard.* 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 pade;and knee -Pads, and that any person faiTthg to 'do s ll be subject to citation under the ordinance reqUired by paragraph (1).,' , (c) "LOCat•public age_ncyrjor:ourposes of this section.includes,.but is. not -limited to,a .city, -county, or city and county. (d)(1) Skiiteboaiditratanv facility:or pal-lc-eV/mei/ay operated bY 'a pulite 5 a-PUblic skafebkl • park. as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section-831.7-Ofthe-Government Code -Tali of thefollowinr conditions are met:' • (A) The person skateboarding — . • .. . - • . . • =MT' The-slratebdardineactiVity thin t caiised the I:Our, vras' stoat; trick:or hire Skateboarding. .,• •. _ • • .•._. (C) The skateboard park is on public propertytlint complies with suiic&iiion(a) or (b). .(2). Iii addithin-tO the PrOisionsOf Subdivision -CO -of Section 83L7: cif ihettivernment Code, nothing -in. this section is intended to limit the liability of a public entity. with respect to any other duty imposed pursuant to effisting law, including' the duty to protect arainst dangerous conditions of public property pursuant to Chapter 2 (commencing with- Sktian 830) if Part 2 of Division 3.6 of Title -1 of the Government . .-1 (3) For public skateboard parks -Dial ivere'constinited lin or befoie'Jarnisa-s; 1.1998, 'Subdivision shall apply .to hazardous recreational activity injuries incurred on or after January -1.-1998 and before January1:2001:-Xot-public-skabotird parks that are Constructed atter7January-1;199Ecthinsubdivision shalrappirto lazardous-recreational _activity irduries. incurred on or after -January 1. 1998andliefore Jannary 172.0(XL--:For purposes_ of this -subdivision; anylskateboard-facilitythat is-a-morabletaality shall. be deemed -constructed on -the first dare -it-is:initially made"availabie• for -use -at -anrlocation LT the local' Pub& .7Z 1.4).—Tfie.appropriate-nd.publi. •agjimcv Alan -maintainr-a--record-,df all -known or -reported piiiinles: incurred by a skateboarder inra-pnbnesikateboartl:park-or-,facilityThe:local .public agency. shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results:arising from those incidemsthat were•filed against -the public -agency. --Begirmkg izr1999; copies -of these records shall be filed annuallyr-no later -than 'January 30- each -year.-with Ciounal. -which 'shall -submit- a report to Ihe:Leinslatore tar or..before• March:31. 2000.0orr the incidenees.ofiniurissincurred.;:clainis asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or ladities. (5) This subdivision -shall not•aniplron or after January 1.2001,10.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 Januarri.: 2003. and as of that date is repealed. unless a later enacted statute. enacted before January 1.2003, deletes or extends that date. (Added by Stats.1995, c. 415 (S13_1360);*61.-iiiiiienatabiStatik1991; c. 5'73 CA_13.1296), § 1.) h,,bi',e Repea4.n'hooV 2.••••••...i.t.r1., 7," c.a./624st 1;6 bests -7n is•ivpaaladirrits-ount taerrieonVan. si :0* 1.a.-"i•- -Friii ieeHeaW 'cialuStifity:Code4 -Pak 51;