HomeMy WebLinkAboutPark and Recreation Skateboard Park•
MEMORANDUM
Date: May 27,1998
To: Parks & Recreation Commi ion
From: Irene -Staff Liaison to PRC
RE: Skateboard Park -June 1,1998 Meeting
In October of 1997, Patrick Burns, Saratoga youth, presented to the City Council
a petition with over 200 signatures requesting that the City consider building a
skateboard park. At that meeting, the Council referred this issue to the Youth
Commission and the Parks and Recreation Commission for consideration. The
issue was considered by the Youth Commission and somehow the issue was
never brought before the Parks and Recreation Commission until now.
I have attached the letter from Patrick Burns, the memo from the Youth
Commission supporting the idea, information provided by the City Attorney
• regarding liability and additional correspondence supporting the issue. I have
been in contact with Patrick, and from what I understand, he plans on attending
Monday night's meeting.
Just some history on the issue. In the early nineties, city staff constructed a
skateboard park made of wood and it was placed at Congress Springs Park.
From what I understand, the structure lasted a little less than two weeks before
unhappy neighbors, who lived near the structure and complained about the
noise, insisted that the structure be removed. The neighbors were never
informed in advance that the structure was going to be constructed.
There had also been a proposal to erect a skateboard park near the Corporation
Yard and sketches were drawn up along with the drawings that were done for
the Civic Center. I have been informed by the Youth Commission staff
representative that the drawings on file are not what the kids actually want
anymore. I also understand that the idea to use the Corporation Yard was
abandoned since a fueling station has been constructed on the proposed site.
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13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 •
(408) 867-3438
MEMORANDUM
TO: Larry Perlin, Interim Ciry Manager DATE: C+ct 17,1997
FROM: Beverly Tucker. Recreation Supervisor
SUBJECT: Youth Commission Response to Skatepark Petition
Patrick Burns, a Redwood Middle School student, presented a petition for building a
combined rollerblade/skateboard parkin Saratoga to the Youth Commission on Monday,
Octobei 6. The attached petition has 200 signatures of students, parents, teachers and
school administrators.
The Youth Commission supports the construction of a combined rollerblade/skateboard •
facility in Saratoga with the condition that students be involved in the entire process:
architect selection, design, location and operation policies.
The commission discussed the previous attempt of building a skateboard park and felt that
this issue should be considered as completely new. They are recommending amixed-use
facility which has a dramatically different design from the previous plan of a sunken
skateboard bowl. They feel the new type of facility is much less expensive and will
accommodate far more students. Please contact me if you have any questions or comments
at x234.
oc: Joan Pisani, Recreation Director
Parks & Recreation Commission
•
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We the undersigned are in 43. Kim Kim
su pport of a Skate Park to 44. Patty Fasang
be constructed in Saratoga. a~5. Judy wang
46. Sa: ah Yoo
47. Jake Brigante
48. Donald Prolo
49. Nick Brettner
1. Patrick Burns 50. Aris Gregorian
2. Tom Cummins 51. Scott Moran
3. Justin Oliver 52. Danielle Mederious
4. Nick Giacome 53. Brian Vermillion
5. Bobby Mulkey 54. Brett Stanger
6. Matt Delao 55. -Paul Snider
7. Dave Foreier 56. Ashvin Soin
8. Ian Beaven 57. Lara Spang
9. Scott Elving 58. Trevor Lavoi
10. Monica French 59. Nick Major
11. CK Kaplan 60. Kelly-Buchanan
~_ 12. Philip Cheung 61. Julie Wilson
13. Stephen Emami 62. Andrea Cheng
14. Adam Walter 63. Ryan Olsen
15. Leslie Van Aken 64. Adam Cook
16. John Griffin 65. Anthony Lin
17. Jonathon Baker 66. Sean Newmark
•
18. Josh Pinel 67. Tina Cheng
19. Matt Ashburn 68. Bryan Kang
20. Gary Hsia 69. Joyce Lee
21. Brett Cowdery 70. Will Gray
22. Dan Garrappolo 71. Kelly Van Aken
23. Justin Gardner 72. Salm Lin
24. Brian Robby 73. Edward Oh
25. Chris Barrett 74. Kim Stellman
26. Kerchan Ho 75. Eugene Kimm
27. Peter Guidotti 76. Krista Estrada
28. Oliver Hsu 77. Ben Morse
29. Lawrence Hui 78. Jakie Warden
30. Nick Pisano 79. Alex Uu
31. Chad Usher 80. Connor Peck
32. Munisti Bhatnner 81. Andrew Farina
33. Chris Engler 82. Jane Moon
34. Josh Evan 83. Lucy Anderson
35. Kate Lin 84. Yura Kim
36. Sang Ho 85. Eleanor Patrick
37. Matt Lazares 86. Andy Swanson
38. Seth Hartman 87. Connie Chen
39. Auria Malek 88. Teresa Hwang
40. Kyle Mullin 89. Moris Clark
• 41. Cris Mariani 90. Aaron Ulrich
42. Steven Baker 91.. lan Mosley
92. Michael Reed 141. Jon Laycock •
93. Greg Henderson 142. Jessica Cone
94. Jen mere 143. Grace Kim
95. Candis Teealink 144. Stephanie Morrow
96. Ginny Kaufmann 145. Ed Oh
97. Sam Smith 146. Catlin B.
98. Alan Sung 147. Ashley Munro
99. David Lii 148. Jessica Spears
100. Kyle Ozawa 149. Ashley Teeple
101. Stephanie DeKetzer 150. Emily Hopkins
102. Mike Perry 151. Aaron Blair
103. David Lessic 152. Taj Kawahara
104. Jacob Anderson 153. Nick Morris
105. Ana Graziosi 154.- Jenny Jo
106. Glair Junhbre 155. Bobby Craig
107. Dena Darya ~ 156. Theron Schaub
108. Aurthur Uao 157. Craig Blain
109. Heidi Chen 158. Heather Holdorf
_ 110. Danny Olivares 159. Katie- Klobe
111. Brad Seago 160. Devin Scholck
_
112. Milissa Chu 161. Jenna Maryon
113. Gavin McChesney 162. L Vennemeyer
114. Jon Goldman 163. Ken Lin
115. Jon Wyatt 164. Fordy Shoor
116.
Sergio Patterson
165. •
Clark Hey
117. Aaron Levin 166. Sarah Gold
118. John Snow 167. Keri Robinson
119. Jonathan Anderson 168. Troy Follmar
120. Mike Laughlin 169. Manuel Arroz
121. Greg VanHousan 170 Hillary Boller
122. Jason Muller 171. Kyle MdMullin
123. Sam Quicke 172. Andrew Brady
124. Aaron Burk 173. Chris Pram
125. Doug Schaller 174. Bobby Sampson
126. Mark Crosby 175. Anne Morrissey
127. Daniel Vhadic 176. Irene Chu .
128. Alvin Jeng 177. Olivia Tien
129. Romah Sciahns 178. Tina Chau
130. Justin Noodleman 179. Grace Chu
131. Kyle Louderback 180. Jenny Lee
132. Aaron Kidd 181. Tumoka Sarata
133. Matt Bromage 182. Audrey Weger
134. Rachelle Dottery 183. Stephanie Chang
135. Molly Brown 184. Abby Heerwagen
136. Jordan Hendrxson 185. Crystal Akimoto
137. John Wirt 186. Allen Fang _
138. Sasha D. 187. Kathy Saye
139. Courtney Lippard 188. Hannah Sim •
140. Julia Desmond 189. Marc Muniz
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190. Alina Shah
191. Jennifer Liu
192. Jennifer Lee
193. Nick Matson
194. Cafum Best
195. Emily Murrey
196. Jonny Bonyl
197. Judy Wang
198. Josh Ferrari
199. Meltra Payne
200. Brae McMullin
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MICHAEL R. NAVE
• STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
KENNETH A WILSON
DAVID W. SKINNER
STEVEN T. MATTAS
CLIFFORD F. CAMPBELL
MICHAEL F. RODRIQUEZ
KATHLEEN FAUBION, AICP
RICK W. JARVIS
LARISSA M. SETO
DEBBIE F. LATHAM
WAYNE K SNODGRASS
ARNE B. SANDBERG
BENJAMIN P. FAY
DANIEL A MULLER
LIANE M. RANDOLPH
PATRICK WHITNELL
KATHARINE G. WELLMAN
MEYERS, NAVE, RIBACK, SILVER & WILSON
A PROFESSIONAL LAW CORPORATION
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351-4300
FACSIMILE: (510) 351-4481 ~ r-
MEMORANDUM
OF COUNSEL
ANDREA J. SALTZMAN
CERTIFIED APPELLATE SPECL4LIST
TO:
FROM:
. RE:
Joan Pisani
Recreation Director
City of Saratoga
Michael S. Riback
City Attorney
..
T ; q a
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DATE: October 10, 1997
AB 1296 -Skateboarding Defined As Hazardous Recreational Activity
Periodically, cities are asked to consider whether or not to construct a public
skateboarding facility for its youth. The most common question asked in this regard is
what is the city's potential liability for providing this facility.
This memorandum is to bring to your attention AB 1296, which was recently signed
into law by the Governor. This law defines skateboarding as a "hazardous recreational
activity" if the person skateboarding is 14 years of age or older, if the skateboarding
activity is stunt, trick or luge skateboarding, and the skateboarding is at a skateboard park
on public property.
As you may be aware, under Government Code Section 831.7, cities and their
employees have a qualified immunity from damages for injuries to persons caused while
engaging in a hazardous recreational activity. Prior to this bill skateboarding was not
defined as a hazardous recreational activity. Now, therefore, this bill has extended the
Section 831.7 immunity to skateboarding activities. Please be aware that this bill takes
effect January' 1, 1998.
• In addition, this bill mandates that the City maintain a record of all known
skateboarding injuries incurred in a public skateboard facility and report this annually to
the State's Judicial Council.
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NORTH BAV OFFICE ~~
555 FIFTH STREET, SUITE 230
SANTA ROSA, CA 95401
TELEPHONE: !7071 545-8009
FACSIMILE: 1707) 545-6617
A Y FFI
5250 CLARE NT AVENUE
STOCKTO A 95207
TELEPHONE: f209) 951-4080
fAU51MIL•Erf-2091 951-3009
TO: Joan Pisani, Recreation Director
FROM: Michael S. Riback, City Attorney •
RE: AB 1296 -Skateboarding Defined As Hazardous Recreational Activity
DATE: October 10, 1997
PAGE: 2
I have enclosed a copy of AB 1296 for your information. If you have any questions,
please do not hesitate to contact me.
i~'~~ ~C
Michael S. Riback
City Attorney
MSR:rja
Enclosure
c: Larry I. Perlin, Interim City Manager
J:\WPD\MNRSW~273\01~IvtEMO\OGT97\SKATEBOA 10
•
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A$1296 http://wwwsen.ca.Dov/htbin/ca-htm...O.AB 12961CURRVER.TXT;1/bi1llAB 1396
AB 1296 Liability.
• BILL NUMBER: AB 1296 CHAPTERED 09/30/97
CHAPTER 573
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1997
APPROVED BY GOVERNOR SEPTEMBER 29, 1997
PASSED THE ASSEMBLY SEPTEMBER 11, 1997
PASSED THE SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE AUGUST 29, 1997
AMENDED IN SENATE JULY 22, 1997
- - -INTRODUCED BY Assembly Members Morrow, Mazzoni, and Strom-Martin
(Coauthor: Senator Thompson)
FEBRUARY 28, 1997
An act to amend, repeal, and add Section 115800 of the Health and Safety Code, relating to liability.
LEGISLATIVE COUNSEL'S DIGEST
AB 1296, Morrow. Liability.
Existing law provides that neither public entities nor public employees are liable to any person who
participates in a hazardous recreational activity. Existing law defines "hazardous recreational activities"
for these purposes to include various activities.
• This bill would provide that skateboazding at a public skateboazd park is a hazardous recreational
activity for purposes of those provisions if the person skateboazding is 14 yeazs of age or older, the
skateboarding activity was stunt, trick, or luge skateboazding, and the skateboard pazk is on public
property, as specified. The bill would require appropriate local public agencies to maintain a record of
all known or reported injuries incurred by skateboazders in a public skateboazd park or facility, and other
information regazding those incidents, as specified, and would require copies of these records to be filed
with the Judicial Council annually, beginning in 1999. By imposing additional duties on local public
agencies, the bill would create astate-mandated local program. The bill would require the Judicial
Council to submit a report to the Legislature regarding this information on or before Mazch 31, 2000, as
specified.
The bill would provide for the repeal of these provisions on January 1, 2003.
The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs
mandated by the state, reimbursement for those costs shall be made pursuant to these statutory
provisions.
SECTION 1. Section 11800 of the Health and Safety Code is amended to read:
11 ~ 800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless
. that person is wearing a helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local public agency, that is designed and
maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis,
1 of 3 10/8/97 11:57 AM
AB 1296
http:l/www.sen.ca.~ov/htbin/ca-htm...O.AB 1296]CURRVER.TXT;1/biIUAB 1291,
the requirements of subdivision (a) may be satisfied by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the .
facility to weaz a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable notice that any person riding a skateboazd in
the facility must weaz a helmet, elbow pads, and knee pads, and that any person failing to do so will be
subject to citation under the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or
city and county.
_ _(d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard
park, as provided in pazagraph (3), shall be deemed a hazardous recreational activity within the meaning
of Section 831.7 of the Government Code if all of the following conditions are met:
(A) The person skateboazding is 14 yeazs of age or older.
(B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding.
(C) The skateboard pazk is on public property that complies with subdivision (a) or (b).
(2) In addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in
this section is intended to limit the liability of a public entity with respect to any other duty imposed
pursuant to existing law, including the duty to protect against dangerous conditions of public property
pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the
Government Code.
(3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall •
apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January
1, 2001. For public skateboazd parks that aze constructed after January 1, 1998, this subdivision shall
apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January
1, 2003. For purposes of this subdivision, any skateboard facility that is a movable facility shall be
deemed constructed on the first date it is initially made available for use at any location by the local
public agency.
(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred
by a skateboarder in a public skateboazd park or facility. The local public agency shall also maintain a
record of all claims, paid and not paid, including any lawsuits and their results, arising from those
incidents that were filed against the public agency. Beginning in 1999, copies of these records shall be
filed annually, no later than January 30 each yeaz, with the Judicial Council, which shall submit a report
to the Legislature on or before March 31, 2000, on the incidences of injuries incurred, claims asserted,
and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or
facilities.
(~) This subdivision shall not apply on or after January 1, 2001, to public skateboard pazks that were --
constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are
constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2003, and as of that date is repealed, unless a later
enacted statute, enacted before January 1, 2003, deletes or extends that date.
SEC. 2. Section 11800 is added to the Health and Safety Code, to read:
11 ~ 800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless •
that person is wearing a helmet, elbow pads, and knee pads.'
2 of 3 10/8/97 11:57 AN
.AB 1296 http://www.sen.ca.gov/htbin/ca-htm...O.AB 1296)CURRVER.TXT;1 /biIUAB 129E
(b) With respect to any facility, owned or operated by a local public agency, that is designed and
maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis,
• the requirements of subdivision (a) may be satisfied by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring any person riding a skateboazd at the
facility to wear a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable notice that any person riding a skateboazd in
the facility must weaz a helmet, elbow pads, and knee pads, and that any person failing to do so will be
subject to citation .under the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or
_ _ __city and county.
(d) This section shall become operative on January 1, 2003.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates
determines that this act contains costs mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4
of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed
one million dollazs ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of
this act shall become operative on the same date that the act takes effect pursuant to the California
Constitution.
Senate Home Page ~~ Search Bill Test
• Senate Rules Committee /California State Senate / WebMaster en. ca. ov
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•
3 of 3 10/8/97 11:57 AM
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13777 FRUITVALE AVENL?E • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COt'NCIL DIEAlI3ERS
Stan Bogosrar.
Paul E Jacobs
iwluan Moran
J!m Sha~+
Donald ~ Wolte
March 10, 1998
Jonathan Oh
14700 Vickery Place
Saratoga Ca 95070
Dear Mr. Oh:
Thank you for your letter dated March 3 concerning a skateboard
park.
This letter has been referred to the Parks and Recreation
Commission and the Youth Commission. They will be pleased to have •
your views on a skateboard park. By copy of this letter, I am also
informing the City Council and City Manager of your views.
Please let me know if you have any questions.
Sincerely,
-~'
Grace E. Cory
Deputy City Clerk
cc: City Council
City Manager
Beverly Tucker, Youth Commission
LIrene Jacobs, Parks and Recreation Commission
•
Panted on receded paper
•
Saratoga City Council
13777 Fruitvale Ave.
Saratoga, CA 95070
Dear Council Members:
Jonathan Oh
14700 Vickery Pl.
Saratoga, CA 95070
March 3, 1998
All of you have probably been presented with a plan to build a
skatepark in Saratoga. I have lived in this community for twelve
years, and every year I have had a friend or someone I knew try to
go to a council meeting and get a skatepark for our community. Our
last skatepark in Congress Springs was torn down before anyone my
age really had a chance to enjoy it.
Now that Skateboarding is considered a dangerous sport, the
city of Saratoga can now build a park without the threat of having
kids suing. There are tons of basketball courts, baseball diamonds,
soccer feilds, and jungle jims for kids, but not one skatepark for the
• skaters. If you go to Redwood or Saratoga High School, then you will
see that there are many skateboarders who would welcome a park.
Thank you for taking the time to read this letter. I have
enclosed a couple of pictures so you will know just what I am talking
about. I know my friends and I are willing to help construct a park
(maybe a wooden one could be built as a test run, then if that works
out we could have a permanent concrete park).
Sincerely yours,
Jonathan Oh
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