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HomeMy WebLinkAboutAGENDA REPORT 2019 0717 REG CCSA ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of July 17, 2019 ACTION A pproved Staff Recommendation. BY B.Garza E. Consider Response to Final Report of the Ventura County Grand Jury 2018-2019 on Youth Sports and Public Liability. Staff Recommendation: Approve the draft response to the Grand Jury Report Findings and Recommendations and authorize the Mayor to sign and submit the response to the Presiding Judge of the Superior Court. (Staff: Jeremy Laurentowski) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director PREPARED BY: Stephanie Anderson, Recreation Services Manager DATE: 07/17/2019 Regular Meeting SUBJECT: Consider Response to Final Report of the Ventura County Grand Jury 2018-2019 on Youth Sports and Public Liability BACKGROUND & DISCUSSION On May 8, 2019 the Ventura County Grand Jury (Grand Jury) provided the City Council and City Manager with a Final Report of its investigation entitled “Youth Sports and Public Liability.” The Grand Jury report requires a response from the City Council on the findings and recommendations within ninety (90) days of receiving the report. A form was provided for the response. Staff has provided the attached draft response to the Grand Jury Report for City Council consideration. STAFF RECOMMENDATION Approve the draft response to the Grand Jury Report Findings and Recommendations and authorize the Mayor to sign and submit the response to the Presiding Judge of the Superior Court. Attachment 1: Response to Grand Jury Report Form Attachment 2: Ventura County Grand Jury Final Report Youth Sports and Public Liability Item: 10.E. 163 Youth Sports and Public Liability April 17, 2019 Janice Parvin Mayor, City of Moorpark FA-05, FA-06, C-02, C-03 R-03 R-01, R-02 FA-01, FA-02, FA-03, FA-04, C-01 02 ATTACHMENT 1 164 The City agrees with the findings/conclusions numbered: FA-01, FA-02, FA-03, FA-04, and C-01 to the extent applicable to the City of Moorpark. The City disagrees wholly or partially with the findings/conclusions numbered: FA-05, FA-06, C-02, and C-03, to the extent applicable to the City of Moorpark. • Fact FA-05: The City requires proof of general liability insurance from non-affiliated sports leagues that rent city sports fields for organized games. The insurance is intended to cover claims involving bodily injury, personal injury, death, or property damage. Such insurance could cover concussion-related injury claims. The City does not require proof of general liability insurance, or other insurance policies, from non-affiliated sports leagues that merely rent a City sports field for practices or other non-game purposes. The City does not require specific sexual abuse or molestation insurance from sports leagues, except for those that have executed an agreement with the City for exclusive use of City sports fields during designated periods of time. • Fact FA-06: The City is not in a position to comment on whether Ventura County’s cities and districts maintain insurance programs that vary greatly with respect to the types of insurance and coverage amounts. With respect to the City of Moorpark, the City has confirmed with its insurance provider, the California Joint Powers Insurance Authority (CJPIA), that the City’s liability coverage does not specifically exclude claims arising from competitive sports or sports practices. The City believes that its insurance coverage with the CJPIA is sufficient and appropriate regarding coverage related to sports and use of the City’s fields. • Conclusion C-01: The City generally agrees that the City does not require non-affiliated sports leagues to provide proof to the City of their compliance with California Law (California Health & Safety Code Section 124235) regarding protection against concussion-related injuries. The City also generally agrees that the City does not require proof from non-affiliated sports leagues that procedures for preventing and reporting child physical and sexual abuse are in place within their organizations. Conclusion C-02: The City generally does not require proof of parental waivers, and only requires general liability insurance from non-affiliated sports leagues that rent City sports fields for organized games. The City disagrees that these actions are necessary to protect against legal actions that could jeopardize the City’s monetary resources. The Government Claims Act (Cal. Gov. Code Sections 810 et seq.) immunizes the City from money damages arising out of certain policy decisions and activities. The City notes that the discretionary immunities provided by Government Code Sections 820.2 (immunity from policy decisions) and 818.2 (immunity from failure to adopt a law or enactment) would cover many types of claims arising out of the City’s decision to rent City sports fields to non-affiliated sports leagues. In addition, the immunity applicable to hazardous recreational activities (Cal. Gov. Code Section 831.7) applies to many types of body contact sports, including but not limited to, football and basketball, and would likely address concussion-related injuries arising out of those sports. As a policy matter, the City wishes to encourage youth participation in recreational activities. The City seeks to balance the regulatory burdens placed on recreational activities, which might 12853-0001\2304698v6.doc 165 limit those resources, against the benefit to the City of protecting itself from liability when state law immunities have been developed to address those claims. • Conclusion C-03: The City disagrees that it is underinsured with respect to the type of coverage and coverage amounts to sufficiently protect itself from litigation arising from the conduct of youth sports on City property. As stated in its response to Conclusion C-02, the City believes that the Government Claims Act immunizes the City from many types of liability associated with its decision to rent City sports fields to non-affiliated sports leagues and the City’s decision to require or not require the non-affiliated sports leagues to have specific types of insurance coverage and to comply with concussion-related laws. In addition, the City believes that its forms of insurance are, and have been, sufficient to cover such potential liability exposure. • Recommendation R-01. This recommendation, which requires proof from non-affiliated sports leagues that they comply with California law regarding concussion-related sports injuries, that they have child physical or sexual abuse prevention and reporting procedures in place, as a condition of the use of City recreational facilities for practice or play will not be implemented. The City believes that the regulatory burden that this requirement would place on the City is not warranted in light of the Government Code immunities provided to cities in these matters. • Recommendation R-02: This recommendation, relating to evidence of insurance coverage, will not be implemented. As stated in its response to Conclusion C-02 and C-03, the City believes that the Government Claims Act immunizes the City from many types of liability associated with its decision to rent City sports fields to non-affiliated sports leagues and the City’s decision to require or not require the non-affiliated sports leagues to have specific types of insurance coverage and to comply with concussion-related laws. The portion of this recommendation related to the City requiring proof of adequate parental waivers from participants will also not be implemented because the regulatory burden that this requirement would place on the City is not warranted in light of the Government Code immunities provided to cities in these matters. • Recommendation R-03: The City has reviewed its own insurance coverage in light of the Grand Jury report and the applicable Government Code immunities and believes that it has adequate coverage as described in Fact FA-06. 12853-0001\2304698v6.doc 166 Ventura County Gr nd Jury 01 .. 201 Final Report Youth Sport!! and Public Liability April 17, 2019 ATTACHMENT 2 167 This page intentionally blank 168 Ventura County 2018 -2019 Grand .Jury Final Report Youth Sports and Public Liability Summary Hundreds of minors in Ventura County (County) participate in activities organized by non-affiliated sports leagues. Non-affiliated sports leagues are those that are not regulated by a national governing body such as the American Youth Soccer Organization or Little League. The Grand Jury was concerned that these non- affiliated sports leagues may not be complying with certain laws pertaining to the protection of youth from physical or sexual abuse, or from concussion-related injuries when they practice or play sports on public property. Parks and Recreation districts (Districts) as well as cities in the County need to ensure that youth participating in sports activities on city and district property are protected against child physical or sexual abuse and concussion-related injuries. Cities and Districts should also ensure that the public monetary resources they manage are adequately protected against litigation awards arising from allegations of child physical or sexual abuse and concussion-related injuries occurring during youth sports activities. The Grand Jury concluded that most cities and Districts in the County allow non- affiliated sports leagues to use their facilities to practice or play. However, they do not require proof of compliance with California law regarding protection against concussion-related injuries from these leagues. They also do not require proof that procedures for preventing and reporting child physical or sexual abuse are in place. Finally, the Grand Jury concluded that cities and Districts themselves are underinsured with respect to the conduct of youth sports on their properties. The Grand Jury recommends that cities and Districts require proof of child protections against physical or sexual abuse and concussion-related injuries from sports leagues that are not affiliated with a national governing body, as a condition of allowing them to practice or play sports on city and district properties. The Grand Jury also recommends that cities and Districts review their own insurance coverage and parental-waiver requirements to ensure that they are adequately protected with respect to claims arising from the conduct of youth sports on city and district properties. Background The federal Sexual Abuse and Safe Sports Authorization Act (SASSAA) requires that all adults who are authorized to interact with minors in national youth sports report suspected child sexual abuse to authorities. The SASSAA also mandates that national governing bodies develop training programs and enforce policies and procedures regarding child sexual abuse prevention. The SASSAA specifically applies to sports leagues with national governing bodies, but it does not apply to non-affiliated sports leagues. (Ref-01) However, the California Youth Sports Concussion Protocols (AB 2007) requires that youth sports organizations comply with specified safety requirements regarding Youth Sports and Public liability 1 169 Ventura County 2018 -2019 Grand .Jurv Final Report concussions or other head injuries. A youth sports organization is defined as "an organization, business, nonprofit entity or local government agency that sponsors or conducts amateur sports competitions, training, campus, or clubs in which persons 17 years of age or younger participate." This law applies to cities and Districts, as well as to non-affiliated sports leagues. (Ref-02) The Grand Jury recommends that all cities and Districts require proof from non- affiliated sports leagues that they are in compliance with California law regarding concussion-related sports injuries and that they have child physical or sexual abuse prevention and reporting procedures in place as a condition of the use of public facilities for practice or play. Methodology The Grand Jury conducted internet research regarding federal and state legislation regulating youth sports organizations with respect to child physical or sexual abuse and concussion-related injuries. The Grand Jury also conducted interviews with the three Districts and the seven cities in the County regarding the requirements they place on non-affiliated sports leagues who use their facilities. The Grand Jury also requested documents that contain policies and procedures to ensure that non- affiliated sports leagues provide protection against child physical or sexual abuse and comply with concussion-related injury prevention laws. Finally, the Grand Jury requested information regarding the cities' and Districts' own liability insurance coverage with respect to youth sports activities conducted on their property. Facts FA-01. The Grand Jury found that all cities and Districts in the County, except the cities of Port Hueneme and Santa Paula, allow non-affiliated sports leagues to use city or district property for practice or play. FA-02. The Grand Jury found that none of the cities or Districts in the County require proof of compliance with AB 2007 from non-affiliated sports leagues when permitting them to use city or district property for practice or play. FA-03. The Grand Jury found that none of the cities or Districts in the County require proof from non-affiliated sports leagues that child physical or sexual abuse prevention training, reporting and enforcement policies are in place when permitting them to use city or district property for practice or play. FA-04. The Grand Jury found that none of the cities or Districts require proof that parents have given permission for their child to play sports that could cause physical injury (parental waivers) are obtained by the non-affiliated sports leagues when permitting them to use city or district property for practice or play. FA-05. The Grand Jury found that none of the cities or Districts require proof of liability insurance coverage specifically for child physical or sexual abuse or concussion-related injury claims from non-affiliated sports leagues when permitting them to use city or district property for practice or play. 2 Youth Sports and Public liability 170 Ventura Countv 2018 -2019 Grand .Jury Final Report FA-06. The Grand Jury found that city and district insurance programs varied greatly with respect to the types of insurance and coverage amounts. Most insurance programs were not specific to litigation arising from the conduct of youth sports on city or district property. Conclusions C-01. The Grand Jury concluded that most cities and Districts in the County allow non-affiliated sports leagues to use their facilities to practice or play. However, they do not require proof of compliance with California law regarding protection against concussion-related injuries from these leagues. They also do not require proof that procedures for preventing and reporting child physical or sexual abuse are in place. (FA-01, FA-02, FA- 03) C-02. The Grand Jury concluded that cities and Districts do not require proof of adequate parental waivers and insurance coverage from non-affiliated sports leagues to protect against legal action that could jeopardize public monetary resources. (FA-04, FA-05) C-03. The Grand Jury concluded that cities and Districts are underinsured with respect to the type of coverage and coverage amounts to sufficiently protect them from litigation arising from the conduct of youth sports on city or district property. (FA-06) Recommendations R-01. The Grand Jury recommends that all cities and Districts require proof from non-affiliated sports leagues that they are in compliance with California law regarding concussion-related sports injuries and that they have child physical or sexual abuse prevention and reporting procedures in place as a condition of the use of public facilities for practice or play. (C-01) R-02. The Grand Jury recommends that all cities and Districts require proof of adequate parental waivers from participants and sufficient insurance coverage from non-affiliated sports leagues as a condition of the use of public facilities for practice or play. (C-02) R-03. The Grand Jury recommends that all cities and Districts review their own insurance coverage to ensure that they are adequately protected with respect to potential claims arising from the conduct of youth sports on city or district property. (C-03) Youth Sports and Public liability 3 171 Ventura County 2018 -2019 Grand Jury Final Report Responses Responses Required From: City Council, City of Oxnard (C0-1, C-02, C-03) (R-01, R-02, R-03) City Council, City of Ventura (C-01, C-02, C-03) (R-01, R-02, R-03) City Council, City of Moorpark (C-01, C-02, C-03) (R-01, R-02, R-03) City Council, City of Fillmore (C-01, C-02, C-03) (R-01, R-02, R-03) City Council, City of Ojai (C-01, C-02, C-03) (R-01, R-02, R-03) City Council, City of Port Hueneme (C-01, C-02, C-03) (R-01, R-02, R-03) City Council, City of Santa Paula (C-01, C-02, C-03) (R-01, R-02, R-03) Board of Directors, Conejo Valley Recreation and Parks District (C-01, C-02, C-03) (R-01, R-02, R-03) Board of Directors, Pleasant Valley Recreation and Parks District (C-01, C-02, C-03) (R-01, R-02, R-03) Board of Directors, Rancho Simi Recreation and Parks District (C-01, C-02, C-03) (R-01, R-02, R-03) References Ref-01. Protecting Young Victims From Sexual Abuse and Safe Sport Authorization Act of 2017 https://www.usyouthsoccer.org/protecting-young-victims-from-sexual- abuse-and-safe-sport-authorization-act-of-2017 Accessed April 11, 2019 Ref-02. AB 2007 https://www.lcwlegal.com/news/ab-2007-requires-youth-sports- organization-to-abide-by-specified-safety-requirements-regarding- concussions-and-other-head-injuries Accessed April 11, 2019 4 Youth Sports and Public liability 172 Ventura Countv 2018 -2019 Grand .Jury Final Report Glossary TERM AB 2007 County Districts Grand Jury Non-affiliated sports leagues Parental waiver SAS SAA DEFINITION California Youth Sports Concussion Protocols, which requires youth sports organizations that offer athletic programs to comply with specified safety requirements regarding concussions or other head injuries County of Ventura Independent Parks and Recreation Districts 2018-2019 Ventura County Grand Jury Youth sports leagues that are not organized or regulated by a national governing body such as American Youth Soccer Organization or Little League A document signed by a parent of a child giving permission for that child to participate in a sport that may cause physical injuries and waiving liability claims against a third party Sexual Abuse and Safe Sports Authorization Act, federal law that requires that all adults who are authorized to interact with minors in national youth sports organizations report suspected child sexual abuse to authorities. This act also requires national governing bodies of organized sports leagues to develop and enforce policies and procedures to report and respond to child abuse or molestation claims. Youth Sports and Public liability 5 173