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HomeMy WebLinkAboutAgenda Report - March 2, 2005 Public CommentContinued March 2. 2005 and west of Stockton Street. A business recently extended a building over the water main. It was done without a building permit. Staff felt that the simplest thing to do would be to abandon that portion as a public main. The business would have to install backflow devices. Mayor Pro Tempore Hitchcock was opposed to staffs recommendation, as it abandons a public asset for the convenience of a private corporate business. She felt that the City should be compensated; otherwise it would encourage this type of situation. In answer to Council inquiries, City Attorney Schwabauer stated that, presumably, the easement states that property owners cannot build over the water main without seeking permission and as a legal matter the City could require them to destroy the structure. Mr. Prima stated it was his understanding that, in the case of additions done without building permits, the property owner must either tear it down or obtain a building permit and pay a penalty. Council Member Johnson asked staff to return to Council with more information regarding who is responsible, what the cost of the building permit and penalties would be, etc. MOTION/VOTE: The City Council, on motion of Council Member Johnson, Beckman second, unanimously moved the subject matter to the regular City Council meeting of March 16, 2005. F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS • Tyler Rothermel presented information to Council from the SkatePark Association of the United States of America (filed). He asked that the City consider implementing a policy whereby BMX bicycles can be allowed at the skate park. Mayor Beckman informed Mr. Rothermel that the City Manager would contact him regarding his request. G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS Council Member Hansen provided an update on a recent San Joaquin Council of Governments (SJCOG) meeting he attended, at which a decision was made on how to spend Surface Transpottation Program (STP) funds over a three-year period. All city representatives voted to allow $2.8 million in STP funds to be spent on regional projects and give SJCOG flexibility on how to spend it. Regional projects that had been identified included the interstates and highways of 205, 5, 12, 99, and 120. The two County representatives at the meeting wanted to spend the entire $16 million on local roads and projects. Another important issue that the SJGOG will be dealing with in the near future is the Regional Transportation Impact Fee, which will be assessed on new homes, businesses, and industries that come into San Joaquin County. City Manager King explained that some people viewed the Federal STP money as successor of local maintenance funds and felt that it should stay within the local jurisdiction for maintenance purposes. The SJCOG staff felt that the Federal STP funds were regional money that should go toward regional projects. He reviewed the options that were considered at the meeting. H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS None. PUBLIC HEARINGS 1-1 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Beckman called for the public hearing to consider and approve community input and proposals for uses of the City's 2005-06 Federal allocation of Community Development Block Grant and HOME Program funds and the reallocation of available funds from previous program years. 4 sv SkatePark Association of the United States of America A non-profit association SPAUSA BMX Chapter 209 Tyler Rothermel 2250 Scarborough Drive#59 Lodi CA 95240 3.1 .2005 DearTyler, I spoke with your risk manager the other day and he was optimistic that we will be able to work something out thru your SPAUSA BMX club, Chapter 209. Each one of your members would need to belong to SPAUSA and you would have to monitor your sessions to make sure that OT Is alreacly a memDer and name our policy. As you know BMX is already an Olympic sport (downhill racing) and we are working to receive recognition for Vert and Street and hopefully be able to have these sports in the future Olympics. We need to help make sure that BMX riders have as much opportunityto train and recreate as skateboarding and inline skating. I also have a call into Cities Securities to see if they will cover the BMX. I have known Pat for 10 years and he was a presenterfor insurance for the organizing bodies so I am sure he will have some ideas too. W!TPJ%nd members will be covered under SPAUSA for with $ 1 million per occurrence, Coverage also includes $25,000 medical with $2,500 deductible. I have attached some information on Mini Skatepark Expo and I am hoping you can pass this on to your recreation & parks dept. We will cover BMX in depth and I think your city will find it useful I look forward to working with you on this project. Sincerely, Executive director SPAUSA Board memberASTM standards for skateparks SPAUSA founding member USAS — USA Skateboarding Organizing Member USAS national competition series and ISF Olympic movement Board member 1BMXFF — International BMX Freestyle Federation 2118 wilshire blvd. #622 Santa monica, ca 90403 fax. 310.398.7122 www.spausa.org knowledge without organization is ineffectual SkatePark Association of the United States of America a A non-profit association Federal Tax ID # 95-4745205 SPAUSA's mission TO EDUCATE, INFORM AND RAISE PUBLIC AWARENESS IN ALL AREAS OF SKATEBOARDING, SKATING & FREESTYLE BMX Toprovide FREE assistance to individualsand cities interested in building skateparks. To develop safety demos and programs. To encourage cities to build safe, functional and creativeskateparks To aysist skaters Cr bikers with tickets &harassment. To assistsk7k" & bikers with civil rigbts issues. To assist individuals & cities with fund raising for skateparks. ToprovideFREE after school programs for youth. Topromote thegrowth c' the sport and the participants in apositive manner. Toprovidepositive role models for skateboarders, bikers & inline skaters. To make these sports available to allpersons regardless of income, race or religion. To support amateur competitions. To develop skateboard and BMX instructors tofurther teachingathletics in these areas. To actively work to bring thesesports to at riskyouth and inner cityyouth. Toprovideadditionalservicesforskateboarders, inline skaters and freestyle bmx'ers, as needed, tbru art, music and educational opportunities. For information on: skatepark construction, community planning, youth programming events, grand openings, risk management, sports programs contact SPAUSA 310.398.7112 ph 310.398.7122 fax heldW)_spausa.org www.spausa.org Board memberASTM standards for skateparks Board member International BMX Freestyle Federation IBMXFF Board member USA Skateboarding DSAS Committee member for the Olympic International Skateboard Federation Federal Tax ID # 95-4745205 2118wilshire blvd. #622 santa monica, ca 90403 ph. 310,398.71 12 fax. 310.398.7122 www.spausa.org 4 knowledge without organization is ineffectual SkatePark Association of the United States of America o A non-profit association Membership & Liability Coverage Membership & Sanctioning Fees SKATEPARKS & Events $100 per year Rider's membership fees are separate and fider Individual peryear MEMBERSHIP individual BMX $30 pew` no age restrictions coverage worldwide SPAUSA events & parks membership originating in USA www�ww***wwwww*ww*ww carrierfor medical: Mutual of Omaha $25,000 medical - $2500 deductible liability $2 million aggregate $1 million - products (completed Operations $1 million - personal &Advertising liability $50,000 -tenants legal liability medical expense (excluded see above for medical) $1 million -participant's legal liability DEMOS & Event Coverage If your participant is a current SPAUSA member — no fee 3 DAY events / $8 SK8 & $10 BMX I DAY event /$5 skate & $7 BMX riders mustfill outwaiver and all fees paid within 7 days * Great for PRO's! ADDITIONAL INSURED $45 Please include name, physical address and contact info FAX 310. 398. 7122 SPECIAL $49 BH(��M 2118 wilshire blvd. #622 santa monica, ca 90403 ph. 310.398.7112 fax. 310.398.7122 www.spausa.org knowledge without organization is ineffectual 4 SkatePark Association of the United States of America A non-profit association SPAUSA Membership Program SPAUSA membership program is very similar to AYSO soccer, Little League, NBL, ABA etc. It is based on individual membership. Your park, tour, event, camp or competition joins SPAUSA and becomes a sanctioned park. You will need to operate the park in a safe & responsible manner and riders need to wear helmets. You are covered while any SPAUSA member is riding in your park. Insurance is included with each individual membership. Each individual rider is covered as well as the park. We can also add your landlord on as an additional insured for a $25 fee. If you decide to hold a demo at another location you will he covered as long as all the riders are SPAUSA members. Your members will he covered in any SPAUSA member park / event, RISK: We only cover SPAUSA members. If a rider were to sneak into your park or borrow someone's card you would not he covered. I think that is why other organizations require uniforms — to identify members easily. That is not possible with skaters & hikers so you will have to he diligent. You may require a photo ID or you can require the riders to include a photo ID with the waiver and we will laminate it onto their cards. Camp riders will he covered while riding but NOT while doing other activities (swimming, jets skis etc). If you think there is risk here then you would benefit from an additional policy and you can get quotes from: Demos. Competitions & Events Your demo 1 event is covered as long as riders are SPAUSA members. We have 1-3 day memberships for events. Example: If you have a demo team of 5 riders and are planning 10 events around the country (or world) you would pay: $100 membership fee, 5 rider memberships $150. Total $250 per year. If you had extra riders at each stop you would pay $7 each and $45 for each additional insured as needed (landlords might require this). Waivers must he signed. * Great Program for Pro Demos Churches. non Profits & skate shops with mini -ramps You most likely already carry general liability, fire & theft and your company is excluding participants. That is what we pick up. As long as you are confident that your riders will he members this is all the coverage you require. The rider pays the fee and your cost is $100 per year. Waivers must he signed Indoor Darks If can control the admission you can get by with our program if you are diligent. You will still need general liability, fire & theft. If you have any doubts about someone sneaking in or forging a waiver then you would he wise to get additional coverage. Waivers must he signed Outdoor Darks with fencing Therc is a greater risk for kids to jump the park and ride. Again our members would he covered. The fact that the riders would be committing a crime may make them ineligible to sue if they were injured. You may want to carry extra insurance as the risk is greater. Waivers must he signed Advantaees of SPAUSA membership You are 1 step further away from a lawsuit. Each rider carries insurance and you are covered from each rider. If a board were to hit someone and they were to file a suit against you, SPAUSA, the landlord and the rider, we are all covered. This is good coverage for any pro riders who do a lot of demos. Spectators are covered if they are injured by one of our riders (SPAUSA). SPAUSA members support skat.enarks! 2118wllshire bivd. #622 santa monica. ca 90403 ph. 310.398.7112 fax 310.398.7122 www.spausa,org knowledge without organization is. ineffectual SkatePark Association of the United States of America A non-profit association Welcome to SPAUSA Enclosed are your waivers It is very important that the parents sign the waiver if the child is under 18. They need to do this in front of you or get it notarized. If you have any doubts about the parent ask them to have it notarized (different last names.. too many children all the same age..) Send the white copy to us with payment every week $30 —skaters 1 year membership $30 - bikes Keep the yellow copy for your files. Your coverage begins as soon as the forms are signed and they pay the membershipfee. Mail every week to: SPAUSA 2118 wllshlre blvd 9622 santa monlca ca 90403 We will issue a permanentcard in approx. 3 weeks. It will be mailed to your park unless you make a note to send it somewhere else. Helmets must be worn in the park. Every SPAUSA member carries $2 million liability to protect the park or event they are riding in and to protect themselves against a lawsuit. Carrier: Chubb liability 1 medical Mutual of Omaha Covered activities: Freestyle Biking, Inline & Skateboarding SPAUSA & Members in sanctioned: Parks, events, demos & competitions each occurrence $1,000,000 deductible $0 Medical - $2500 deductible — secondary coverage only report all injuries at once ****** inspect park daily and keep a written log RIDE hard & have FUN! Ph.310.398.7112 fax 310. 398 .7122 Event Membership 3 DAYS for $8 SK8 & $10 BMX I DAY event $5 SK8 & $7 BMX 1 Year $30 per person SPAUSA members with a current membership card — NO FEE Waivers must be signed and sent in with payment We must have all event info on file BEFORE the event. SPECIAL $49 INCLUDES A SKATEBOARD DECK AND SPAUSA Skate Park Membership and sanctioninLy for privately owned narks and events you must meet all safety requirements: Membership Fee $100 per year 2918 wilshire blvd #622 santa monlca ca 90403 ph 310 398 7112 fax 310 398 7122 www.spousa org knowledge without organization is ineffectual 4''0 SkatePark Association of the United States of America V A non-profit association IASL member discount $50 peryear Date Organization, Park or Event Addres City State Zip Director of Park, Event or Organization Phone# ( ) Fax.# emai4 Web Site Emergency Contact ph# Indoor Outdoor Air-conditioned Y___ N Approximate Sq. footage of skating area Describe Fencing or crowd control Hours of Operation Do you allow: Competitions BMX In line Skateboards Concerts Day Camp Sleep Away Camp Tours Child Care Park or Event Description ( If you are a competition or tour please attach your itinerary, including dates and locations.) # of injuries in the last 12 months Have you ever had a claim? If so explai a copy of print name signature of park director or responsible party date Safetv Reauirements: Your park must have fencing or crowd control, be supervised 8 participants must wear helmets Keep glass and debris out Of the lark Your park must be maintained and inspected before opening A written log is required for park inspection. maintenanceand injuries This is very important in the event of a lawsuit Park must be a drug 8 alcohol free zone Spectators must be kept out of the park area unless they sign a waiver and weara helmet Please check all that apply: SPAUSA individual membership required not required Additional Insured 2118 Wilshire blvd. #622 santa monica, ca 90403 ph. 310.398.7112 fax. 310.398.7122 www.spausa.org knowledge without organization is ineffectual SkatePark Association of the United States of America A non-profit association Claim Foirm special RiSkServices R0 B€K31156 CWnahu, Nebraska 681.31 Claim Inquiries 1.800-521-2324 SEE RWERK SIRE FAR FMUD LANGUAGE Policy Nureberz MIL Org►nkodarVSchad Name: j6deJ Addreaw eraterra uuuf O/.�oai fyfd<'tdeat� � Ciaimants Name: ®side 0 Fernale Address of Parents. Guardian a Clatma* Name and address of F§amk Ptrirsicbm Has trewtrrwnt been wmplere& is Ws ® No fiather, Guardian or CWmant'a (if aduit) Employer, Name and Address: bane Phone Na. i ) Aherne No. i Phone No. Mother or Wuse"s Erni WW, Name and Address - Phone No. C ) Name of all companies provWIng your insurance ccnrerap or prepaid heiahh pians IRem e4 c mpa ny Addeeaa POW er fort0kWa 111a. Are beanedts due for this daim urrderthese other insurance rweragrs? CIVes CINo If fr s, e00* 04" of UROAaaattoe of Ip"FING" MM PdwmycWdw. I hem* certify that all above info matibn is true and complete. 'Oanature Rate M22985_0S03 0 individual Q GMW {Eff. Date aver -----sr GEN r, Phone N& (—) Name ofteamjslaort (ifapokablo. >1pe ofAdh* © Into rich D RE, rla s D Intramural 10 Practice Q Garne o Jr. Harsty oywrsty Oates of Evart 01'shadent-date school started): At the time of fr(Lay w the insured Involved in an actludt sponsored birthe PafthoWer? Ovas ❑ No underrehowswervialon? Was Wshe audtms? Olves ONO ifemptayerd, was tnfixylskierms faked to cafmants emptowment? OY s © No MAceident Aedical BateofAcciderrrt 0 llerftl i ucaticn saf acoldent a.aa pm. ¢ sickiress-medical 0ex*ion of ardde nt 'type of injury or illness Lassa QfTlme First tnaaetment date Oates dalmed eraterra uuuf O/.�oai fyfd<'tdeat� � Ciaimants Name: ®side 0 Fernale Address of Parents. Guardian a Clatma* Name and address of F§amk Ptrirsicbm Has trewtrrwnt been wmplere& is Ws ® No fiather, Guardian or CWmant'a (if aduit) Employer, Name and Address: bane Phone Na. i ) Aherne No. i Phone No. Mother or Wuse"s Erni WW, Name and Address - Phone No. C ) Name of all companies provWIng your insurance ccnrerap or prepaid heiahh pians IRem e4 c mpa ny Addeeaa POW er fort0kWa 111a. Are beanedts due for this daim urrderthese other insurance rweragrs? CIVes CINo If fr s, e00* 04" of UROAaaattoe of Ip"FING" MM PdwmycWdw. I hem* certify that all above info matibn is true and complete. 'Oanature Rate M22985_0S03 0 individual Q GMW {Eff. Date aver -----sr GEN r, W!413 pocug!►nt Retrieval CALIFORNIA CODES GOVERNMENT CODE SECTION 830-831.9 830. As used in this chapter: (a) "Dangerous condition" means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. (b) "Protect against" includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition. (c) "Property of a public entity" and "public property" mean real or personal property owned or controlled by the public entity, but do not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity. 830.1. For purposes of this chapter, seismic safety improvements or fire sprinkler improvements which are owned, built, controlled, operated, and maintained by the private owner of the building in which they are installed are not public property or property of a public entity solely because the improvements were financed, in whole or in part, by means of the formation of a special assessment district. 830.2. A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorably to the plaintiff, determines as a matter of law that the risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding circumstances that no reasonable person would conclude that the condition created a substantial risk of injury when such property or adjacent property was 1ised with due care in a manner in which it was reasonably foreseeable that it would be used. 830.4. A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide regulatory traffic control signals, stop signs, yield right-of-way signs, or speed restriction signs, as described by the Vehicle Code, or distinctive roadway markings as described in Section 21460 of the Vehicle Code. 830.5. (a) Except where the doctrine of res ipsa loquitur is applicable, the happening of the accident which results in the injury is not in and of itself evidence that public property was in a dangerous condition. 311105 914 PM http:libmrriders.orgmroidocsiCAcodcs.htm Page L of 8 WAIS Docurwcht Retrieval (b) The fact that action was taken after an injury occurred to protect against a condition of public property is not evidence that the public property was in a dangerous condition at the time of the injury. 830.6. Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved, if the trial or appellate court determines that there is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor. Notwithstanding notice that constructed or improved public property may no longer be in conformity with a plan or design or a standard which reasonably could be approved by the legislative body or other body or employee, the immunity provided by this section shall continue for a reasonable period of time sufficient to permit the public entity to obtain funds for and carry out remedial work necessary to allow such public property to be in conformity with a plan or design approved by the legislative body of the public entity or other body or employee, or with a plan or design in conformity with a standard previously approved by such legislative body or other body or employee. In the event that the public entity is unable to remedy such public property because of practical impossibility or lack of sufficient funds, the immunity provided by this section shall remain so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of the condition not conforming to the approved plan or design or to the approved standard. However, where a person fails to heed such warning or occupies public property despite such warning, such failure or occupation shall not in itself constitute an assumption of the risk of the danger indicated by the warning. 930.8. Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking or device (other than one described in Section 830.4) was necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care. 830.9. Neither a public entity nor a public employee is liable for an injury caused by the operation or nonoperation of official traffic control signals when controlled by an emergency vehicle in accordance with the provisions of subdivision (a) of Section 25258 of the Vehicle Code. 311105 9:14 PM ttp:/fbmxriders.org/bry/does/CAcodes.htm Page 2 of 8 WAIS Document Retrieval 831. Neither a public entity nor a public employee is liable for an injury caused by the effect on the use of streets and highways of weather conditions as such. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such effect if it would not be reasonably apparent to, and would not be anticipated by, a person exercising due care. For the purpose of this section, the effect on the use of streets and highways of weather conditions includes the effect of fog, wind, rain, flood, ice or snow but does not include physical damage to or deterioration of streets and highways resulting from weather conditions. 831.2. Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach. 831.21. (a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. The provisions of this section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this division. (b) This section shall only be applicable to causes of action based upon acts or omissions occurring on or after January 1, 1988. 831.25. (a) Neither a public entity nor a public employee is liable for any damage or injury to property, or for emotional distress unless the plaintiff has suffered substantial physical injury, off the public entity's property caused by land failure of any unimproved public property if the land failure was caused by a natural condition of the unimproved public property. (b) For the purposes of this section, a natural condition exists and property shall be deemed unimproved notwithstanding the intervention of minor improvements made for the preservation or prudent management of the property in its unimproved state that did not contribute to the land failure. (c) As used in this section, "land failure" means any movement of land, including a landslide, mudslide, creep, subsidence, and any other gradual or rapid movement of land. (d) This section shall not benefit any public entity or public employee who had actual notice of probable damage that is likely to occur outside the public property because of land failure and who fails to give a reasonable warning of the danger to the affected property owners. Neither a public entity nor a public employee is liable for any damage or injury arising from the giving of a warning under this section. (e) Nothing in this section shall limit the immunity provided by Section 831.2. (f) Nothing in this section creates a duty of care or basis of 3/1/05 914 PM ttp,tthmxriders.osglbroldmslCAeodes.htm Page 3 of WAIS Document Retricva[ liability for damage or injury to property or of liability for emotional distress. 831.3. Neither a public entity nor a public employee is liable for any injury occurring on account of the grading or the performance of other maintenance or repair on or reconstruction or replacement of any road which has not officially been accepted as a part of the road system under the jurisdiction of the public entity if the grading, maintenance, repair, or reconstruction or replacement is performed with reasonable care and leaves the road in no more dangerous or unsafe condition than it was before the work commenced. No act of grading, maintenance, repair, or reconstruction or replacement within the meaning of this section shall be deemed to give rise to any duty of the public entity to continue any grading, maintenance, repair, or reconstruction or replacement on any road not a part of the road system under the public entity's jurisdiction. As used in this section "reconstruction or replacement" means reconstruction or replacement performed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highways Code. 831.4. A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to fishing, hunting, camping, hiking, riding, including animal and all types of vehicular riding, water sports, recreational or scenic areas and which is not a (1) city street or highway or (2) county, state or federal highway or (3) public street or highway of a joint highway district, boulevard district, bridge and highway district or similar district formed for the improvement or building of public streets or highways. (b) Any trail used for the above purposes. (c) Any paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property, so long as such public entity shall reasonably attempt to provide adequate warnings of the existence of any condition of the paved trail, walkway, path, or sidewalk which constitutes a hazard to health or safety. Warnings required by this subdivision shall only be required where pathways are paved, and such requirement shall not be construed to be a standard of care for any unpaved pathways or roads. 831.5. (a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide effective and responsible alternatives to costly public acquisition programs. The Legislature therefore declares that it is beneficial to the people of this state to encourage private nonprofit entities such as public land trusts to carry out programs that preserve open space or increase opportunities for the public to enjoy access to and use of natural resources if the programs are consistent (1) with public safety, (2) with the protection of the resources, and (3) with public and private rights. (b) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, 311105 914 PM ittp://bmxriders.orglbro/docs/CAeodes.httn Page 4 of 8 WAIS Docorpent Retrieval "public entity" includes a public land trust which meets all of the following conditions: (1) It is a nonprofit organization existing under the provisions of Section 501(c) of the United States Internal Revenue Code. (2) It has specifically set forth in its articles of incorporation, as among its principal charitable purposes, the conservation of land for public access, agricultural, scientific, historical, educational, recreational, scenic, or open -space opportunities. (3) It has entered into an agreement with the State Coastal Conservancy for lands located within the coastal zone, as defined in Section 31006 of the Public Resources Code, with the California Tahoe Conservancy or its designee for lands located within the Lake Tahoe region, as defined in subdivision (c) of Section 66953 of the Government Code, or with the State Public Works Board or its designee for lands not located within the coastal zone or the Lake Tahoe region, on such terms and conditions as are mutually agreeable, requiring the public land trust to hold the lands or, where appropriate, to provide nondiscriminatory public access consistent with the protection and conservation of either coastal or other natural resources, or both. The conservancy or the board, as appropriate, shall periodically review the agreement and determine whether the public land trust is in compliance with the terms and conditions. In the event the conservancy or the board determines that the public land trust is not in substantial compliance with the agreement, the conservancy or the board shall cancel the agreement, and the provisions of Sections 831.2, 831.25, 831.4, and 831.7 shall no longer apply with regard to that public land trust. (c) For the purposes of Sections 831.2, 831.25, 831.4, and 831.7, "public employee" includes an officer, authorized agent, or employee of any public land trust which is a public entity. 831.6. Neither the State nor an employee of the State is liable under this chapter for any injury caused by a condition of the unimproved and unoccupied portions of: (a) The ungranted tidelands and submerged lands, and the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits, owned by the State. (b) The unsold portions of the 16th and 36th sections of school lands, the unsold portions of the 500,000 acres granted to the State for school purposes, and the unsold portions of the listed lands selected of the United States in lieu of the 16th and 36th sections and losses to the school grant. 0t; Neither a public entity nor a public employee is liable to any person who participates in a r 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 311105 9 14 PM httpJlbmxriders.org/bro/docs/CAcodes.htm Page 5 of 8 WAIS Document Retrieval entity which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator. "'HaffrM6u.s—tetreational 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, bS1t1e racing of '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 swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, "mountain bicycling" does not include 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 participant 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, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose. (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 3/1105 9;14 PM ttp://bmxriders.org/broldocs/CAeodes.htm Page 6 of 8 WAIS DocumentRetrieval )_lability 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. 831.8. (a) Subject to subdivisions (d) and (e), neither a public entity nor a public employee is liable under this chapter for an injury caused by the condition of a reservoir if at the time of the injury the person injured was using the property for any purpose other than that for which the public entity intended or permitted the property to be used. (b) Subject to subdivisions (d) and (e), neither an irrigation district nor an employee thereof nor the state nor a state employee is liable under this chapter for an injury caused by the condition of canals, conduits or drains used for the distribution of water if at the time of the injury the person injured was using the property for any purpose other than that for which the district or state intended it to be used. (c) Subject to subdivisions (d) and (e), neither a public agency operating flood control and water conservation facilities nor its employees are liable under this chapter for an injury caused by the condition or use of unlined flood control channels or adjacent groundwater recharge spreading grounds if, at the time of the injury, the person injured was using the property for any purpose other than that for which the public entity intended it to be used, and, if all of the following conditions are met: (1) The public agency operates and maintains dams, pipes, channels, and appurtenant facilities to provide flood control protection and water conservation for a county whose population exceeds nine million residents. (2) The public agency operates facilities to recharge a groundwater basin system which is the primary water supply for more than one million residents. (3) The groundwater supply is dependent on imported water recharge which must be conducted in accordance with court -imposed basin management restrictions. (4) The basin recharge activities allow the conservation and storage of both local and imported water supplies when these waters are available. (5) The public agency posts conspicuous signs warning of any increase in water flow levels of an unlined flood control channel. (d) Nothing in this section exonerates a public entity or a public employee from liability for injury proximately caused by a dangerous condition of property if all of the following occur: (1) The injured person was not guilty of a criminal offense under Article 1 (=Tffiencing with Section 552) of Chapter 12 of Title 13 of Part 1 of the Penal Code in entering on or using the property. (2) The condition created a substantial and unreasonable risk of death or serious bodily harm when such property or adjacent property was used with due care in a manner in which it was reasonably foreseeable that it would be used. (3) The dangerous character of the condition was not reasonably 311105 9;14 PM tp://bmxriders.orgibro/docs/CAcodes,htm Page 7 of 8 WAIS Dotlument Retrieval apparent to, and would not have been anticipated by, a mature, reasonable person using the property with due care. (4) The public entity or the public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against the condition. (e) Nothing in this section exonerates a public entity or a public employee from liability for injury proximately caused by a dangerous condition of property if all of the following occur: (1) The person injured was less than 12 years of age. (2) The dangerous condition created a substantial and unreasonable risk of death or serious bodily harm to children under 12 years of age using the property or adjacent property with due care in a manner in which it was reasonably foreseeable that it would be used. (3) The person injured, because of his or her immaturity, did not discover the condition or did not appreciate its dangerous character. (4) The public entity or the public employee had actual knowledge of the condition and knew or should have known of its dangerous character a sufficient time prior to the injury to have taken measures to protect against the condition. (f) Subdivision (c) shall become inoperative on and after January 1, 2002. 831.9. (a) The County of Los Angeles Department of Public Works shall maintain a record of all known or reported injuries incurred by the public in the unlined flood control channels or adjacent groundwater recharge spreading grounds during the activities of groundwater recharge. The County of Los Angeles Department of Public Works shall also maintain a record of all claims, paid and not paid, including any civil actions or proceedings and their results, arising from those incidents, that were filed against the county. Beginning in 2000, copies of these records shall be filed annually, no later than January 1 of each year, with the Judicial Council, which shall then submit a report to the Legislature on or before January 31, 2001, on the incidences of injuries incurred, claims asserted, and the results of any civil action or proceeding filed, by persons injured at these facilities. (b) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. 311105 9:14 PM ttp:l/bmxriders.org/broldocs/CAeodes.htm Page 8 of 8 Skaianarir Fact Sheat oq.4 'act: It is your responsibility to consider all of the issues. ENV( Skateboarding and inline ke all sports, can be oangerous. When co -is ide,-„ng the rules for your park. there are three main choices you ave with respectto allowing BMX bicycles: Allow BMX to ride all hours with skateboards and inline skaters. his is the model followed by the oldest parks in the world, and is currently being adopted by many public arks. From a BMX rider's perspective, this is obviously the most preferred option. We feel that all users of kateparks need to get aiong and team to share. One of the most obvious things to do in this case is to make ie park large enough for anticipated growth in the number of participants. Also, more space allows designers Mace objects in the park further apart. giving participants more time to anticipate the they direction end awid ollisions. Consider that snowboards were not aiiowed i n many ski resortsfor many years for fear of injuries to kiers. It is now almost unheard of to discriminate against these athletes. Have separate hours for BMX .MX riders understand the need to splitthe hours of use it the facility becomes loo crowded during peak hours, Lit it should be understood that a new skatepark wili have Nsh of use when the park firstopens. If separate ours are set up, they must be fairto all users of the park and include popular weekend and after-school meslots for all sports. Times that are not crowded should be availablefor ail to ride. Build a bike only park in addition to your skatepark. his is a viable Solution and some public BMX parks already exist. The BMX Riders Organization is in favor of uiiding more of these parks, but we believe that it is unrealisticto think that skateboarders and inline skaters 1111 nd use these parkstoo, whether or not it is iegai for them to do so. We feel that the best solution will be to pen parks to all sports. if the parks are too crowded, an easy solution would beto simply rotate the days in rhich bikes and skates are allowed. 'hem are many important details in building public skatepark. It pays to hire skilled contractors who are radiced in building facilitiesfor ALL spoils. Please check the resourcessecdon of ourwebsite fora list of kateparks builders who support BMX. It is cruciaithat athletesfmm, all sports have input during the design rocess \k hope that this fact sheet will help you make decisionsthat are not only iniormed but also fair io a I I members f your community. I BIi SAmimm rir Fact Sheet Ag. r i This fact sheet rs means m serve as a resource to Parks and Recreation administrators, skatepark designers. and builders to aid ra understanding BMX riding in skate park It is also a resource for BMX riders to use when attending pubiic plan n ing meetings. There are currentlymanymisconceptions about BMX park riding, and it is our hope hta! with more information available, reasonable compromises can be made that include BMX riders in a I I skateparks. Forany comments orclarifications please Contact the BMX Riders Organization at 1230 Market Street#502 San Francisco, CA94102-4801 oremail inio@bmxriders.org Fact: There areover 1 mill ion BMX riders in the UnitedStates. Despite the fact that we are the minority in the world of "Bikes. boards and blades", BMX freestyle is a rapidiygrowing sport and is dearly more popularthan other sports that already have pubiic facilities. According to Bicycle Retailer and industry News, BMX bikes accounted for 30% of aii bike sales in 1998. In some communities. the number of BMX riders even outnumbers skateboarders. Fact: BMX r i d e rs a re p a rt of your community. These children are just as entitledto enjoy the benefits of publicfacilities as skateboarders and traditional'stick and ball" athletes. Ticketing ridersfor using your public facility is unfair. Those who can afford these tickets are often willing to pay them, but for disadvantaged kids and theirfamiiies. it is an undue burden. Fact: Sports a re healthy for kids. According to Archives of Pediatrics& Adolescent Medicine(1995)1 out of every 8 American kids suffers from obesity and another 1 in 5 is overweight. Obesity has more than doubled in the US since the 1960'S.Arecent study lead by Dr. Strauss, directorof the childhood-weightanhi program at the Robert Wood Johnson Medical School (NJ) found that the average child spent only 12 minutes a day running or playing hard. Obesity and physical inactivityaccount for $100 billion in health care expenditures each year. More importantare the emotional problems that accompany obesity. Skateboarders, inline skaters and BMX Riderswill happily spend many HOURS per day practicing their sport, which in turn builds confidence. More importantly, there have been countless studies showing that kids who participate in sportsare less likely to use drugs orjoin gangs. Treating young BMX criminafa is sending the wrong message! It is noteworthythat baseball players were once treated as criminals because they played ball in the streets. Eventually they came to be accepted by society as athletes simply doing what they love. BMX riders are no different-- we love to ride our bikes! Fact: There is a long standing history of BMX in sk&%parks.'SkWpark is* a word. Just because it is called a skatepark doesn't mean that BMX riders don't practice there. There is really no such thing as a'bike" park. BMX riders have been riding skateparks as long as skateboarders have. in fact, before the first skateparks were built, kids were riding Schwinn Stingrays in empty swimming pools. The early roots of formal BMX "park riding' can be traced back to Lakewood skatepark, the first skatepark in California. This park was home to the most famous park riders of the 1970s, who were allowed to use the fadlity during all hours. They were also given special "bike only" days. In 1979, Lakewood Skatepark hosted the first BMX park competition. For evidence of the long term effects of bikes in skateparks, we can look to the oldest parks in existence (such as Southsea and Romford in the one for over 15 years without separate hours c n the un tea States canno• come i These Darks , e - . • ;Kat .. . c �sxateS r aaa t ona maintenance )van .aa Tharp ; no reasor trial p3 me. act: Skateparksarejust as useful to B M X freestylers asthey are to skateboarders. Ke sKateooarc ng BMX s a creat ve spor. anc BMX noers f n public skateparks to be just as usefu as Kate Doareers co. BMX haers aria sKateooacers 'OU na y compete on?ne sane co.rses ana t s reasonao e iattney snolo oeaDeto practce on the same cc�rses act: Your city may produce the next Michael Jordan or Tiger Woods of BMX, nagne f ger W000s grew c p n town o.: was n o a ohec onina go course Tns stuavon s napipe n ng rgn: nov, qm manyta entea young BMX atnletes ESPN repor.s that b cyoe st,.nt s me most pop. arX-Games sport for ev s on v eyers T ne re m grit oe r oers n your community that could make your lows famous ne town of Edmona OK anoma rias n Ina same pos t on man} comm,n t as p am ng a sKateparK a,e n - tney as noltnoLgnl to so ci BMX np,.r ana we'e wer SurDnsea bytne amount of nteres'. from 3YX %ers amona is now p arta ng to al ow o cyc es n lne r sxateoarx. Pardsa m Recreat on C rector Mar Meyer offereo e to oNng comment: atemauve spons s,,cn asBMX 0 Kers anc skaters asooeserna access to DL Of cfac :es soinattney cat ract ce ana en,oy the r sport,.s: as rium as par c pants r the !rao : onal oa spans' amone happens to oe wnereMai rroffmaI g•ewt,D ana ne s nowaworlo classatnete wno nasma Cie ns twn famo,.s Mats alsorefenrec to as"Ine Ton) Hawk, Mcnae -organ orTger VleooS of 6 1X'. act: You have a choice to include B MX riders in your skatepark. Man) oona•ciass <ateparKs exst Inat Serve sDons Someofinese panes are p.D cy ownea anc epera!ed Fo• a s: of p.0 c <aleWKS inat allow o cycles pease Awt our A eD sfie at www omxr am org Fact: Bicycling is on the hazardous sports i;st in almost every state. T;"te "Hazardous recreational activity" 1istinCalifornia iseven more specific, and includes...'bicycle racing orjumping. mountain bicycling,'... (Ca. Gov. Code Sec. 831.7). Fact:Withaut public facilities, BMX kids are on their own to find places to ride. With nowhere else to go, BMX riders will ride in the streets. This is certainly more dangerousthan riding a skatepark and can cause damage to public and private property. Rememberthat most BMX freestylers would rather ride in a skateparkthan in the streets. However, like skateboarders, we adapt to our surroundings and make do with what we have. Fact: "If you bui Id it they wi I I come". Regardless of what the signs say, BMX riders will ride public skateparks. This is not because we want to breakthe law, but ratherthat park riding is a populardiscipline in BMX and there is currentlya scarcity of facilities. DiscriminatingagainstBMX riders in your public skatepark guarantees trouble for the loca I police department Police resources are better spent fighting real crime rather than ticketing kidsfor riding their bikes. Itwill not be as simple as putting up a "no bicycles" sign. BMX ridersare nowexposed to media such as the X - Games which show them riding the same "park wurses" as skateboarders and inliners. Precedence has been set and itis reinforced by media images that group these sports in the same venues. If you chwse to completely exclude BMX riders from your skatepark they will only see your rule as discriminatoryand ignore it (remember the failure of "no skateboarding" signs). These unfair rules can also produce an "us against them" attitude toward the police and the government. Fact: BMX racetracks and public dirtjumps are not a substitute for a skatepark.A common question we get is W e have a local BMX track. Why don't these kidsjust ride there?" BMX tracks are great but they are for racing, which is a differentsport from park riding. Though there is some overlap, most BMXfreestylers would find no usefora racetrack. In sum, these facilities serve Mo different, though overlapping. groups. Fact: B M X bicycles do not destroy skateparks. There is no study showing that BMX use will lead to greaterwear than skates on a properly built skatepark According to the SkateparkAssociationof the USA, W e have been surveying parksfor several years and have not wm a up with any evidencethat they cause any more wear and tear than skateboarders or inline skaters" Concrete skateparks are now being built very sturdily and there is no proof of additionalwear from BMX bikes. The myth that bicycles destroy skateparks may have started back in the days when rampswere sketchy wooden shanties with Vin sheeting and inadequate bracing. Southsea and Romford, which are public skateparks in England, have over 15 years experiencewith BMX in their parks and have always remained open to all sports. Effraim Catlow, operator of Southsea skatepark for many years had this to say: W e run Bikes. Blades and Boards together every session, we've never had any problems. Contests run separately of wurse. Bikes have neveraffected the maintenance of the park." Bicycles spend almost all of Vleirtime on rubber tires and only occasionally strike the surface with their pegs or handle bar ends. The manufacturerofSkateLite, the leading ramp surfacing product, has endorsed this product for BMX use. Skatelite has been in use at Mat Hoffman's 5Mkskate ramp facility for over 2 years under the higheststresscondiiions and has held up fine. It 9s important to rememberthatcement Is far stronger than wood or SkateLite