That the City Council consider skate park staffing options and direct staff to proceed with a recommendation to either:
A.  Remove security staffing at the La Habra Skate Park, and maintain signage requiring safety equipment and explaining the penalties for non-compliance; or,

B.  Maintain security staffing at the La Habra Skate Park and continue actively enforcing California Health and Safety Code Section 115800 requirements of full safety equipment for all visitors utilizing the skate park.

During the Public Comment portion of the February 21, 2023, City Council Meeting, several individuals attending the meeting requested that the City Council remove the City's requirements for the use of safety equipment at the La Habra Skate Park for adults. Several speakers claimed that the La Habra Skate Park is the only skate park in the area that requires the use of safety equipment, such as helmets and elbow/knee pads. Furthermore, the speakers noted that because of these rules, many skateboarders choose to visit other skate parks in the region since they do not enforce the use of safety equipment like La Habra does. As a result of these comments, City Council requested staff to research skate park rules and regulations in surrounding communities, as well as the laws pertaining to skate park use and provide Council with a report regarding these issues at a future meeting.

Since that meeting, staff has reviewed the City's current skate park rules and regulations, researched the rules and regulations of skate parks in surrounding communities, reviewed the La Habra Municipal Code, and reviewed the California Health and Safety Code Section pertaining to public skate parks.

La Habra Municipal Code section 12.29.030 was adopted by the City Council by Urgency Ordinance 1608 on April 15, 2002, and it requires the posting of signs that notify skate park users that safety gear is required by law and that violations of the policy may result in penalties. This language is a requirement of California Health and Safety Code Section 115800, which extends qualified immunity to public agencies for injuries occurring at public skate parks, but only when that agency adopts an ordinance requiring skate park users at the facility to wear a helmet, elbow pads, and knee pads. In addition, the Code requires that signage be posted at the facility giving reasonable notice that failing to wear such protective gear will be subject to citation under the ordinance.

The City Council has two options regarding the enforcement of safety gear at the City's skate park.

A. Remove staffing at the skate park, and maintain the signage that requires users to wear safety gear and that explains the penalties for non-compliance; or,
B. Maintain staffing at the skate park and actively enforce California Health and Safety Code 115800 requirements for the use of safety equipment by all visitors using the skate park, regardless of age.
 

California State law does not allow the City to remove the requirement for the use of safety equipment the City's public skate park. The City's insurance broker has advised that, if the City were to remove the requirement for the use of safety equipment at the skate park, as required by law, that the City would not be able to secure liability insurance for the park, leaving the City uninsured and potentially fully liable for any injuries that were to occur at the park. 
 

In their research, staff found that other cities in the region have adopted similar local ordinances as La Habra, requiring signage at their skate parks notifying users of the requirement to utilize safety equipment. While these local ordinances provide qualified immunity to those cities, staff could not find another local city in the area that assigns City personnel or security guards to enforce those rules at their skate parks.

The qualified immunity extended to cities that provide public skate parks protects those jurisdictions in the event of injury, since the signage that is required provides reasonable notice to users of the skate park that skateboarding is a dangerous activity and that safety equipment is required. However, if a skate park is unsupervised, users are left to their own volition and, despite the warnings and park regulations, many skateboarders choose not to utilize required safety equipment. Although the individuals who spoke recently during public comments implied that no other skate park in the area requires safety equipment, staff confirmed that these other public skate parks have essentially the same requirements posted as La Habra does. It appears that many skate park users in other cities who may not be wearing helmets or other safety equipment, do so because there is no staff supervising and enforcing rules at those parks.

The City of La Habra has had a history of intermittently staffing the skate park at different times over the years; however, since July 20, 2020, the City has contracted with a firm to provide an on-site security guard at the skate park, with instruction to enforce all requirements of California Health and Safety Code Section 115800 and the City's Municipal code regarding safety equipment at the skate park. The City brought on a security guard at the skate park to enforce social distancing requirements as a result of the Coronavirus Pandemic. While many other cities across the state chose to close their parks during the pandemic, the City of La Habra determined that the public could benefit from outdoor activities and chose to keep the La Habra Skate Park open; however, did so by bringing on a security guard to enforce social distancing regulations.

The provision of a security guard at the skate park not only allowed the City to keep the park open, but it also had an additional effect of deterring negative activities at the park including a reduction in graffiti, vandalism, fights, and drug use. During this time, staff has also noticed an increase in the number of younger children and families utilizing the skate park. Staff spoke with representatives at the Police Department, the Community Services Department, Public Works, and the Boys and Girls Club of La Habra (which is located adjacent to the skate park) and were told that the on-site security guard has provided a positive influence at the skate park and in the surrounding area of La Bonita Park. The Police Department reported that they have seen an approximately 25 percent reduction in calls for service regarding incidents at the skate park since the security guard has been in place.

After a review of this issue, staff recommends that the City continue to implement State Health and Safety Code Section 115800 requirements for the use of protective equipment at the skate park to continue to providing the City with qualified immunity protection. Staff also recommends that the City continue to maintain proper and updated signage posted at the skate park regarding rules and regulations, and continue staffing the stake park with a security guard to ensure that the rules are being enforced, and that a safe environment is being maintained for all skate park users and visitors.

Option A would continue to cost the General Fund approximately $87,000 per year to maintain a security guard at the skate park.

Option B would realize an annual savings of $87,000 to the General Fund, however, there will likely be an increase in costs related to additional Police patrols/response, Public Works maintenance and repairs, and Community Services calls for service. Prior to the assignment of a security guard at the skate park, Public Works staff indicated that the City spent approximately $40,000 per year to repair damage associated with graffiti and vandalism at the skate park.