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Item 6 Staff Report Accept Status Report on Ordinance Regulating Skateboarding, In-line Skating, and Roller Skating4 () pdsf006: a: \cn cl rpts\skate.6m o Attachments: None Distribution: See Page Two for Distribution TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: NOVEMBER 9, 1993 TO: MAYOR AND TO I COUNCIL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 11/15/93 ITEM NO. / ACCEPT STATUS REPORT ON ORDINANCE REGULATING SKATEBOARDING, IN - LINE SKATING, AND ROLLER SKATING. RECOMMENDATION: Accept status report on ordinance regulating skateboarding, in -line skating, and roller skating. BACKGROUND: After receiving complaints from various business owners and residents, Council directed staff to draft an ordinance to regulate skateboarding, in -line skating, and roller skating. In April 1993, Council held a public hearing on a proposed ordinance which would have restricted skating on specific streets in the central business district. As a result of the comments made by a significant number of citizens expressing conflicting interests and concerns, Council directed staff to form a committee in an effort to formulate an ordinance which met the needs of both groups. Several meetings were held and a compromise ordinance was drafted which banned skateboards and other types of skating on publicly owned parking lots, the Civic Center, and private property which is properly posted. The ordinance also prohibited reckless behavior, stunts, and other behavior which interfered with pedestrians. The underlying agreement was that skaters would self -police their own behavior. Council adopted this compromise ordinance on May 17, 1993 and directed staff to submit a status report in six (6) months. DISCUSSION: The Police Department has received thirty seven (37) formal complaints resulting in calls -for -service. Twenty three (23) of the complaints were in the downtown area of East Main Street, North Santa Cruz Avenue, and in the Town parking facilities. The remaining fourteen (14) complaints were throughout the remainder of the Town, mainly along Los Gatos Boulevard. PREPARED BY: LARRY J. TODD CHIEF OF POLICE LJT:sf 11/11/93 1:51 pm Reviewed by: /J)/ Attorney Clerk COUNCIL ACTION/ACTION DIRECTED TO: Finance Treasurer PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ACCEPT STATUS REPORT ON ORDINANCE REGULATING SKATEBOARDING, IN -LINE SKATING, AND ROLLER SKATING. November 9, 1993 Of the total complaints received Town -wide, nine (9) related to vehicle/skating conflicts, seven (7) for pedestrian/skating conflicts, nine (9) for skating in public parking lots, and twelve (12) for creating problems on private property. One juvenile received serious head injuries while unlawfully skateboarding in the lower portion of the parking structure. During the six month period since adoption of this ordinance, Police Department personnel have contacted over one hundred responsible parties for the various shopping centers throughout the Town, business owners/managers in the downtown area, churches, homeowner associations, the Chamber of Commerce, and the Business Improvement District. These parties have been advised of the ordinance and the sign requirements needed to prohibit skating on their property. The ordinance has proven adequate for enforcing the restrictions on the public parking lots, Neighborhood Center, Civic Center, and on privately owned lots which have been properly posted. Skating on the sidewalks in the downtown area has remained a problem. Based on the number of calls - for -service, in conjunction with observations made by police personnel, it is clear that the behavior of large numbers of skaters and skateboards has not been modified. The complaints received are not mere nuisance problems, but serious safety conflicts which could cause injury. However, it is government's responsibility to balance the needs of its citizens. There are a large number of people who use skates and skateboards for both exercise and transportation. The ordinance previously enacted provides enforcement capabilities for stunts and other unsafe skating around pedestrians. And, there has not been any effort by the business community to support additional restrictions on skating or skateboarding. Therefore, staff recommends no changes to the Town's existing ordinance. FISCAL IMPACT: No fiscal impact Distribution: BID/Downtown Association 208 E. Main Street #205, Los Gatos, CA 95032 Chamber of Commerce 50 University Ave, Los Gatos, CA 95030 Gremic Skateboards and Roller Skates 15349 Los Gatos Boulevard, Los Gatos, CA 95032 Nuvo Colours 45 E. Main Street, Los Gatos, CA 95032 Steve Glickman 145 Maricopa Drive, Los Gatos, CA 95032 Rebecca Fernandez 441 San Benito Avenue, Los Gatos, CA 95030 Kurt Lemons, Upstream Fly Fishing 54 N. Santa Cruz Avenue, Los Gatos, CA 95030 Larry Edgar P.O. Box 1253, Los Gatos, CA 95031 Paul Ebrahem, Carousel Restaurant 15450 Los Gatos Boulevard, Los Gatos, CA 95032 November 15, 1993 Los Gatos, California SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING (06.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept status report on ordinance regulating skateboarding, in -line skating and roller skating. Carried unanimously. FUNDING CRITERIA/NONPROFIT AGENCIES/RESOLUTION 1988-130 (08.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council affirm Resolution 1988-130 entitled RESOLUTION ESTABLISHING GUIDELINES FOR FUNDING OF NON -PROFITS. Carried unanimously. 9324 PROJECT/TRAFFIC SIGNAL/NATIONAL & L.G. BLVD/RESOLUTION 1993-165 (09.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR PROJECT 9324 LOS GATOS-ALMADEN ROAD AND NATIONAL AVENUE TRAFFIC SIGNAL INSTALLATION. Carried unanimously. AFFIRMATION OF ORDINANCE 1877 AND ORDINANCE 1880/RESOLUTION 1993-166 (10.43) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-166 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING REPEAL OF SECTION 17-7 UNDER ORDINANCE NUMBER 1880 AS IT EXISTED PRIOR TO ADOPTION OF ORDINANCE NUMBER 1877. Carried unanimously. SAN BENITO AVE 615/FLOOR AREA RATION/RESOLUTION 1993-167 (11.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-167 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING APPEAL OF A PLANNING COMMISSION DENIAL OF A REOUEST TO EXCEED THE ALLOWABLE FLOOR AREA RATIO FOR AN EXISTING TWO-STORY RESIDENCE AND TO ADD ADDITIONAL FLOOR AREA TO THE SECOND FLOOR ON PROPERTY IN THE R-01:8.000 ZONE ARCHITECTURE AND SITE APPLICATION S-93-19. which incorporates the findings and decision of the Town Council at its meeting of November 1, 1993. Carried unanimously. BUSINESS IMPROVEMENT DISTRICT/RENEW & REDEFINE/RESOLUTION 1993-168 (12.43) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1993-168 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO RENEW AND REDEFINE THE BUSINESS IMPROVEMENT AREA KNOWN AS THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENT FOR FISCAL YEAR 1994 AND AMENDING ORDINANCE 1876. OR IN THE ALTERNATIVE TO REPEAL THE BUSINESS IMPROVEMENT DISTRICT CREDIT ON BUSINESS LICENSE TAXES PROVIDED BY TOWN CODE SECTION 14.20.120. Carried unanimously. 24 HOUR BUSINESSES/CONDITIONAL USE PERMITS/ORDINANCE 1961 (13.46) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1961 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CONDITIONAL USE PERMIT TABLE OF THE ZONING REGULATIONS REOUIRING 24 HOUR BUSINESSES TO OBTAIN CONDITIONAL USE PERMITS. which was introduced at the Town Council meeting of November 1, 1993. Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons stated in previous record. TC:D5:MM111593 3