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Council turns down the proposal and comes up with some better facts to get by this crucial time. He reiterated that the salary increases for the City Manager, City Clerk and City Attorney approved during the last year could have impacted this situation. His -- second point was directed to the City Manager, stating that he had not received his response regarding the skateboard liability issue. Council Member Ruskin stated his understanding that the legislature was of the opinion that skateboarding was a slightly higher risk activity and that a different approach was necessary. These sports are actually self- insured so people take those risks under their own accord. Vance Smith asked about liability and the skateboard park as it relates to skaters not equipped with proper attire such as helmets and /or protection. Specifically, he asked that if the City does not enforce the ordinance, does it then make the City liable. He stated that his neighbor's property has been an ongoing problem where the City Code Enforcement division and the San Mateo County Health and Safety Department have been out. He stated that weeds exist in both the front and back yards and present a consistent fire hazard. He complained that there are no penalties for repeat offenders. City Attorney Yamamoto stated that under the existing statute, the immunity applies to unsupervised skateboard parks and requires that the City adopt an ordinance. An ordinance has been adopted which requires the use of helmets and kneepads and that the rules be posted in a reasonable location for the users. There is no greater liability to the City in the event that it is an unsupervised facility. The liability exists irrespective of whether or not there is supervision and immunity applies when you do not actually have supervision. 7. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine by the City Council and are enacted by one motion and one vote. M/S Howard /Pierce to waive reading of the Consent Calendar except the ordinances by title, adopt the resolutions and the ordinances, and approve other items. The motion passed by a unanimous roll call vote by those present. 7.1 Section — Motions A. Motion to approve the Minutes of June 9, 2003 as submitted; (301) MINUTE ORDER 03 -134 B. Contract Renewal with Third Party Administrator (TPA) for worker's compensation administration services, Claims Management Inc. (CMI). (304) Recommendation: REGULAR CITY COUNCIL MEETING JUNE 23, 2003 MINUTES PAGE 3 MINUTES Book No. 59 Page No. 490