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CITY COUNCIL AGENDA ITEM NO. 12


Meeting Date: September 11, 2001

Subject/Title: Second Reading of Ordinance No. 684 amending Section 9.48.075 of the Brentwood Municipal Code adopting Rules and Regulations pertaining to the Skate Park

Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Ken DeSilva, Park Services Manager

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Approve an ordinance amending section 9.48.075 of the Brentwood Municipal Code to add rules and regulations for the Skate Park.

PREVIOUS ACTION
The Council Park and Recreation Subcommittee held a community meeting on September 16, 1999, to discuss the possibility of building a skate park in Brentwood. The City Council passed Resolution No. 99-225 on October 12, 1999, amending the 1999-2004 Capital Improvement Program to include construction of a skate park in Brentwood (CIP Project No. 522-5213) and directing the Director of Parks and Recreation to return to City Council for the award of the construction contract. The Park and Recreation Commission and Youth Commission held a joint special meeting on October 18, 1999, to consider forming a task force for the development of a skate park. The City Council approved the establishment of a Skate Park Task Force on October 26, 1999. The City Council authorized the City Manager to execute a professional services agreement with Land Image on January 11, 2000, for the design of the City of Brentwood Skate Park. On April 11, 2000, City Council approved the Park and Recreation Commission recommendation to approve the Brentwood Skate Park preliminary site master plan and related budget (CIP Project #522-5213). On September 26, 2000, City Council directed staff to have one additional community meeting with the architect and then put the project out to bid. The final community meeting was held on November 13, 2000, with the project being put out to bid on January 22, 2001. Bids were opened on February 20, 2001. City Council awarded the bid for construction of the Skate Park (CIP No. 522-5213) to A.J. Vasconi General Engineering on February 27, 2001. City Council approved first reading of Ordinance No. 673 at the City Council meeting of June 26, 2001 and second reading on July 10, 2001. City Council discussed and approved rules and enforcement procedures at the Skate Park at the City Council meeting on August 14, 2001 directing staff to follow up with a revision of Ordinance No. 673. City Council approved the first reading of Ordinance No. 684 at the City Council meeting of August 28, 2001.

BACKGROUND
Staff brought proposed rules and regulations to the City Council for discussion and approval on August 14, 2001. Staff was directed to make minor revisions and proceed with revising Section 9.48.075 to include these rules and regulations. This action was approved by City Council on August 28, 2001 during the first reading of Ordinance No. 684. If approved as a second reading, the amended Section 9.48.075 of the Municipal Code will go into effect in thirty (30) days. 

If the Skate Park opens prior to the effective date of this Ordinance, staff will still be able to enforce these rules as they relate to the safety of participants at the facility. As an example, rules for health and safety at the Aquatic Complex are enforceable as they relate to providing a safe environment for staff and the public even though they are not a part of a specific ordinance.

Staff is working on a schedule that will open and close the facility on a daily basis as per the posted hours of operation. Related to the concern expressed for security lighting at the facility, staff is securing a change order proposal from the contractor to install motion sensor lights that will activate should anyone enter the facility after dark. It will be clearly obvious when an unauthorized person enters the facility after hours, as the lights will come on automatically.

Once this Ordinance is approved by City Council, staff will move forward with installing appropriate signage, which will be in place prior to the opening of the facility.

Attachment:
Ordinance

ORDINANCE NO. 684

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND SECTION 9.48.075 OF THE MUNICIPAL CODE TO ADD RULES AND REGULATIONS FOR USE OF THE BRENTWOOD SKATE PARK.

WHEREAS, the purpose of this ordinance is to establish rules, regulations, and requirements for the wearing of safety gear at the Brentwood Skate Park, pursuant to the requirements of California Health and Safety Code Section 115800; and

WHEREAS, any person riding a skate board or in-line skates at the Brentwood Skate Park must wear a helmet, elbow pads and knee pads, and follow the rules and regulations for use of the Skate Park; and 

WHEREAS, any person failing to wear required safety gear or follow the rules and regulations of the facility will be subject to citation under this ordinance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

A. The foregoing recitals and staff report statement are found and determined to be true and correct.

Section 2.

A. Section 9.48.075 of the Brentwood Municipal Code shall be amended to add Section 9.48.075 as follows:

A. All users shall wear helmets, knee and elbow pads.
B. Skateboards and in-line skates shall be permitted. Bicycles or scooters shall
be prohibited 
C. Users shall protect the skate park from vandalism and graffiti. Aggressive behavior will not be tolerated. Use of profanity is not permitted. Park will be subject to closure should incidents occur at Cityís sole discretion. 
D. Skate park hours shall be posted on site and shall be obeyed.
E. All users shall place trash in receptacles provided. Glass, food or drink are prohibited in skate area. 
F. Additional obstacles or other materials (ramps, jumps, etc.) are prohibited in Skate Park.
G. Users shall not use facility if a hazardous condition exists. Users should report any damage, vandalism or hazardous condition to the City at phone number posted on site. 
H. All organized events or formal contests shall have prior written approval from the City.
I. The City reserves the right to remove any person from the facility if he/she is acting in an inappropriate manner or is disobeying the rules provided in this section and 9.48.075.
J. Drugs and alcohol are prohibited.
K. Violators of this section are subject to citation, which may include permanent expulsion from the facility.
L. Any use of this facility shall be at the userís own risk.
M. City does not provide attendant on duty.
N. The City of Brentwood does not assume any responsibility for injuries or theft.
O. This facility is under 24-hour recorded video surveillance.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

BE IT FURTHER RESOLVED that this Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

THE FOREGOING ORDINANCE was passed and adopted at a regular meeting of the Brentwood City Council on August 28, 2001, by the following vote:

AYES: 
NOES: 
ABSENT: 
ABSTAIN: 

_____________________________
Michael A. McPoland, Sr.
Mayor

ATTEST:



_______________________________
Karen Diaz, CMC
City Clerk

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