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HomeMy WebLinkAbout11-036 CC Resolution RESOLUTION NO. 11-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, existing law provides qualified immunity to local public agencies that operate public skateboarding parks; and WHEREAS, this immunity is due to expire, under current law, on January 1, 2012; and WHEREAS, Senate Bill 264 (Correa) would remove that sunset date and, therefore, extend immunity indefinitely; and WHEREAS, the assumption of risk doctrine prevents individuals from recovering for injuries caused when they engage in hazardous recreational activities on public property; and WHEREAS, in 1997, skateboarding, under certain conditions, was added to the list of recreational activities with qualified immunity; and WHEREAS, as a result of this immunity, communities began building skateboarding parks for the use of their residents; and WHEREAS, these skateboarding parks provide a dedicated location for individuals to skateboard without worry of trespassing or vehicular hazards, and WHEREAS, Senate Bill 264 (Correa) would permanently extend the limited immunity, and associated safety requirements, by removing the January 1, 2012 sunset date; and WHEREAS, without repeal or extension of the sunset provision for the qualified immunity for skateboarding parks, public entities will face increased liability related to skateboard parks; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports Senate Bill 264 (Correa) and will provide a formal letter of support to California State legislators. R:/Resos 2011/Resos 11-36 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of May, 2011. Ron Roberts, Mayor ATTEST: . �� Susan . Jones, MMC ' CI k [SEALJ � R:/Resos 2011/Resos 11-36 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11-36 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of May, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None 1�-�as-,2� � Susan . Jones, MMC City Clerk R:/Resos 2011/Resos 11-36 3