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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. • ~%-P/h~/ 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 • }/. 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 L~ • • 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 ~_ ~~ _ ~~ ~ y ~ . c ~ ~C V ~ ~ ~C~~ C~ ~~~ ~ ~ car ~ ~ ~~;. - ~ ,1' ~t\ - U , 1 _~j '~~. . ;, ~ ~ „ ~-- - , T, ~ ~ ~ -..;,7~~~-'~--- ' err ~~c;'~ ~-~.~'~ ~ l i ~" ~ ~ ~ • ~ ,.~ ~ ~/ /+~ ~ ~ ~ v ~ ~ ~' ... _ r.-- I r ~ ~ --- - " `, ~ /1` ,~ ~ .. ` , ,~ l~ ~~~~~Y~ ,, ~' ~ _ _ -~ _\ -I l , I ~ ti L U. H (,~(.t 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 ''1CL 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. P ~~~ ti f 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 • • 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 g • 3 of 3 10/8/97 11:57 AM Y r ~~~ 0~ ~ ~ ~ ~ ~O~r~ ~ • 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 ~z ~2~ • 3 r • ~,.~000~N ~~~5 Mp.~~'kzNE~ P~~ ~ FJN , '~i~ HAVE ~ 'bC CoN ~4x'(E ~S ~ Tt+~ w aY '(D G~ . ^~: _ _ ._ . . a ,~ =~, r ~~ `# a- ~- ~, r a _ .. . ~" _ 9C'~r4'. . ` K. ~` .!'y ~° ~, ~~ wb/Y'ni~'^ ~~~y1w- ~~•wN.•~M'e '!n!". _`.~~3~'FC a. 'lt _i~'-" 1 .~ r+ ~KA~a~D6R.S RCN SF :z~qG ~'T ~N Tti~3~, Du•)N "(b MMtE l'K~SELVET ,A SK+~TE~I~l~.~ w~cK :~.~~ E Y,il~F'l.Pt~ 'oF ~ C~ ~T GoNUZ.t3TE