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HomeMy WebLinkAboutItem 5.1 EmerGlenPark BMX BikesCITY CLERK FILE # 920-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 6, 2001 SUBJECT: Request to use Emerald Glen Park Skate Park for BMX Bikes Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Correspondence from Sherry Gordon RECOMMENDATION: Deny request and direct Staff to include the BMX bike riders in the ~0L/.f~master planning process for the future Sports Park at Gleason Drive and Fallon Road FINANCIAL STATEMENT: See discussion below DESCRIPTION: Correspondence has been received from Sherry Gordon requesting shared use of the Emerald Glen Park Skate Park with BMX bikes. BACKGROUND In 1997, AB 1296 was signed into law which defines skateboarding as a "hazardous recreational activity". As such, cities and their employees have a qualified immunity from damages for injuries caused while a person is engaging in a hazardous recreational activity. Section 115800 of the Health and Safety Code provides that no operator of a skateboard park shall permit any person to ride a skateboard unless that person is wearing a helmet, elbow pads, and knee pads. Further, with respect to a facility owned and operated by a public agency that is ngt supervised on a regular basis, the public agency must adopt an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. A sign must also be posted notifying persons of these rules and informing them that violators are subject to a citation. Phase I of Emerald Glen Park contains a skate park. In April of 2000, the City Council adopted Resolution No. 58-00 designating the skateboard use area at Emerald Glen Park and authorizing the use of skateboards, roller skates, roller-blades, and in-line skates at the Emerald Glen Park Skate Park. Also in April, the City Council adopted Ordinance No. 11-00 amending Chapter 5.100 of the Dublin Municipal Code to authorize skateboard use at the Emerald Glen Park Skate Park and adopting related safety rules. This ordinance limits use to skateboards, roller skates, roller-blades and in-line skates. Use by bicycles is prohibited. ANALYSIS OF REQUEST In analyzing the request, Staff contacted the designer of the skate park, Steve Rose of Purkiss Rose-rsi, Landscape Architecture. Mr. Rose indicated that while the skate park was designed for use by skate boards, it could be used by BMX bikes. However, he cautioned that for safety purposes bikers and skaters should not be allowed to use the facility simultaneously. When asked if bikes will cause damage to the facility, he indicated that the concrete and metal will wear faster and the pegs and the posts from the bikes F:XEMRLDGLE\cc 2-6-0 1 skatepark-bmx.doc COPIES TO: Sherry Gordon ITEM NO. will scar and break up the concrete. Repairs must be made immediately so it is not the cause of an accident to a skater. In most cases, the repair would involve core drilling out the damaged area and then repairing with concrete. If the patch is done correctly and it is very strong, there should not be a reduction in the integrity or life of the skate park. The estimated cost for this type of repair is between $2,500 to $3,500 and would necessitate that the skate park be closed for up to two weeks; one week for the repair and one week for curing of the concrete. During this time, it may be necessary to have increased park security to keep bikers and skaters from using the skate park. Staff also investigated the liability of BMX bike use of the skate park. The City is self-insured through a municipal pool administered by the ABAG Plan Corporation. The Director of Risk Management indicated that there would be n__o immunity from damages under AB1296 for injuries caused by BMX bikes using the skate park thus exposing the City to increased liability. He recommends that if the City were to allow use by BMX bikes, there should be separate hours of use and signage requiring helmets, elbow pads and knee pads. He also recommends that the use be supervised so that there are not skaters and bikers attempting to use the skate park at the same time. Based on twelve hours of supervised use per week, the annual cost to the City would be $8,300. Lastly, Staff conducted a survey of public agencies with skate parks to determine if BMX bikes are allowed. None of the 23 agencies surveyed allowed use by BMX bikes. RECOMMENDATION Over the past several weeks, Staff has heard from a number of BMX bike riders requesting a place where they can ride their bikes without the threat of eviction. However, Staff does not believe that allowing BMX bike riders to use the Emerald Glen Park Skate Park is the answer. The skate park was designed for skateboard use with input from the skateboard community; a group that rallied long and hard for a place of their own. Allowing BMX bikes to use the skate park would not only displace the skaters, it could damage the skate park resulting in increased .repair and maintenance costs for the City and increased downtime of the facility. Additionally, the City would be exposed to increased liability. Since none of the other Tri-Valley cities allow BMX use at their skate parks, Staff would anticipate that in addition to Dublin BMX bike riders, the park would draw a large number of out of area riders. Instead, Staff believes that a separate facility designed for BMX bikes is a better solution. A potential location for a BMX facility would be the future Sports Park at Gleason Drive and Fallon Road. Staff anticipates that the master planning process for this park may begin as early as next fiscal year. The BMX riders would be invited to participate in the planning process and provide input on a proposed BMX facility. If, however, the City Council is in favor of allowing BMX bikes to use the Emerald Glen Skate Park, it will be necessary to amend Chapter 5.100 of the Dublin Municipal Code to accommodate this use. Staff would recommend that separate hours of use be established and that the use be supervised by City personnel. Additionally, it is recommended that riders be required to wear protective gear including helmets, elbow pads and knee pads. The amendment to the Municipal Code and budget change related to supervision costs would be brought to the City Council ,at a subsequent meeting. -2- January 25, 2001 Mayor Guy Houston Dublin City Counsel Please place us on your agenda for the February 6th city council meeting. We would like to discuss the shared use of Emerald Glen Park. Thank You, Sherry Gordon. 11633 Circle Way Dublin, Ca 828-7289 Home 838-2343 Work