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City Council Minutes
November 28, 1977
Page 2
1. The City.Attorney reviewed with the City Council the purpose and procedure
for a disciplinary hearing and the hearing. script for the Disciplinary Appeal
Hearing requested by Larry G. Lunsford f o-im 'disciplinaryact on imposed upon
him by Police Chief Roger Neuman'; said hearing to be held'at'12:00 Noon, Friday,
December 2; 1977.
2. There being no further business to come before the Council, the meeting
adjourned at.1:20 p.m. to 12:10 p.m., Monday'. December. 5,:197-7.
APPROVED: January 3, 1978�� ,y
Fitzpatrick, City.Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
FRIDAY, DECEMBER 2, 1977 - 12:00 NOON
COUNCIL HEARING ROOM, CITY HALL '
Pledge
Roll Call
1. Meeting for Personnel Hearing cancelled at request of employee's attorney.
APPROVED: January 3; 1978
J*R Fitzpattick,_ City Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 5, 1977 - 11:45 A.M.
CITY ATTORNEY'S CONFERENCE ROOM
Roll Call
PRESENT: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City CLerk; Allen Grimes, City Attorney; R.D.
Miller, Administrative Officer
1. 11:50 a.m., the City Council adjourned to Executive Session.
2. 11:55 a.m., the City Council reconvened in Executive Session.
3. Allen Grimes, City Attorney, discussed with the City Council, the effect of
the State Law restricting members of the same legal firm from going both the
prosecution of an defense of criminal matters. He stated that this matter had
been brought to the forefront by a decision of a local Municipal Judge, who
ruleddthat a partner in his firm could not defend a person on a criminal charge
as long as Mr. Grimes was a City Attorney with prosecutor duties in criminal
matters, even though this case involved the City of Pismo Beach and not the
City of San Luis Obispo.
114
City Council Minutes
December 5, 1977
Page 2
He further suggested that the City Council, by resolution,.could relieve his
firm of criminal prosecution,-duties and this problem then would not face his
firm. He concluded that criminal cases were few for the.city and that he
could make arrangements with private attorneys to handle the.city's.criminal
cases.
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the
City Council relieve the City Attorney's Office and the firm of Wendt, Mitchell,
Sinsheimer, de la Motte of all prosecutor's duties in criminal cases involving
the city with the provision that the firm recruit special counsel as city
prosecutor and prepare the necessary documents for his contract employment
at no cost to the city for such recruitment. Motion carried.
On motion of Councilman Settle, seconded by Councilman Jorgensen, the follow-
ing resolution was introduced: Resolution No. 3470 (1977 Series), a resolution
of the Council of the City of San Luis Obispo revoking all prosecutorial duties
and powers of the office of the city attorney for criminal cases.
Passed and adopted on the following roll call vote:
AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
4. There being no further business to come before the Special called meeting,
the meeting adjourned at 12:10 p.m., Tuesday, December 5, 1977.
APPROVED: January 3, 1978 - -- " -
.— Fitzpatrick, City Clerk
11
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 5, 1977 - 12:10 P.M.
COUNCIL CHAMBERS, CITY HALL
ROLL CALL
Councilmen
PRESENT: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J:H. Fitzpatrick, City C1erk;.Allen Grimes, City Attorney; R.D.
Miller, Administrative Officer; Henry Engen, Director of Community
Development; Terry Sanville, Planning Associate; Dan Smith, Senior
Planner; Greg Smith, Planning Technician
1. The City Council held a public study session to discuss possible violations
to the R -1 Regulations in the Zoning Ordinance which prohibited three or more un-
related residents in R -1 or single - family dwellings. Mayor Schwartz reviewed for
the people present, the history of allowing unrelated persons to live in community
fashion in the R -1 zoned areas. He then read the definition of "Family" from
Municipal Code Section 9200.1 "An individual or two or more persons related by
blood, marriage or adoption, plus not more than two persons, excluding full-time
servants, who are not related by blood, marriage or adoption, living together as
a single housekeeping unit in a single- dwelling unit."
R.D. Miller, Administrative Officer, submitted his recommendations relative to
enforcement of Ordinance Provisions prohibiting more than three unrelated persons
living in residential zoned dwelling units.
Recommendations:
1) To continue past policy of enforcement where nuisances are created
and make sure that our enforcement efforts are diligent and effective.
2) If the Council agrees with this recommendation,., and the City.Attorney
convinces you that you should repeal the three - person limit, repeal it.
If he persuades you otherwise, keep the limit because it.helps control
unlimited densities and resulting problems.
Rationale:
I have now had an opportunity to confer with the City Attorney in this very
difficult problem and I.can see there is no simple solution;
however, I am con-
vinced that the enforcement policy in affect in the past, if
effectively adminis-
tered, is the most practical way`of handling the situation.
Therefore, I would
suggest that we continue to refer complaints on neighborhood
nuisances to the
Zoning Administrator to abate such conditions. There is one
change which would
clarify the situation and would avoid some criticism, but it
might also have the
reverse affect. This would be to repeal the three - person limitation. However,
I would recommend against this because I feel this provision
does act as somewhat
of a deterrent to completely uncontrolled densities which in
turn would tend to
induce nuisances, in my opinion.
Conclusion:
The Council may wish to probe this matter further with the City Attorney in
an effort to resolve this question: "Is it legal to enforce
the three - unrelated
person limit only when a nuisance occurs ?"
Mayor Schwartz declared the public hearing open.
City Council Minutes
December 5, 1977
Page 2
Mike Maino appeared before the Council stating he felt that some of the problem
involved in this particular area is that the City, over the years, has been
constantly changing zoning rules, regulations and designations; where a property-
might at one time have the right to allow students, but then was rezoned to some
other category and these rights were then lost. As more restrictive ordinances
were adopted, some illegal uses were caused. Finally, he recommended that
ordinances of the City should be enforced fairly and equitably on all citizens
of the City and not just on a selective basis.
William J. Edwards, Gulf Street, recommended that the City Council order strict
enforcement of all adopted ordinances by the City Staff and employees. He felt
that all rules and regulations should be enforced and not on a random, selective
basis as suggested by the City Manager. He stated that even when complaints were
submitted to the City, the employees always found some obscure reason for not
moving on the complaint. He then submitted a petition signed by some residents
of his area as follows: "We the undersigned residents of Gulf, Balboa, and
Lakeview Streets wish to go on record approving strict enforcement of the
restraints inherent in the San Luis Obispo R -1 Zoning Ordinance - - -in specific,
the part that specifies the number of independent family units who can occupy
a single family dwelling."
Dr. Timothy W. Kersten, member of the Citizens' Advisory Committee, presented
the following position paper on behalf of the majority of the members of the
Citizens' Advisory Committee: "In the past two weeks, I have received written
communications on this subject. Further, I have received two phone calls from
Larry Wilhelms dealing with this matter and talked with a group of students who
live in San Luis Obispo. This memo is intended to summarize my understanding
of the input received, as well as embodying my own feelings. Fundamentally, it
appears that there is a clash of life - styles when students in groups occupy homes
in single - family residential neighborhoods. This is related, but separate from
the problem that the City occasionally faces when dealing with student apartment
complexes and fraternities. At this time, the CAC's Subcommittee is dealing only
with the first issue. It appears as though the basic legal framework for dealing
with excessive noise, probably the biggest single problem, already exists; in
addition there seems to be an adequate legal framework for dealing with drunken-
ness and other unseemly behavior. The Subcommittee believes that the public
deserves relief from excessive noise, drunkenness and other unseemly behavior.
It suggests a policy of more vigorous enforcement of public complaints of this
nature. The CAC also recognized the economic forces which make sharing a home
in an R =l zoned area attractive to students and their parents. Although further
investigation is needed, a discussion with several students indicates that it is
probably the cheapest overall form of housing available to students and provides
a measure of freedom of living habits not available in any other housing mode.
As long as these strong incentives exist, it will probably be impossible to
eliminate this mode of student housing completely. Consequently, long -term
efforts should be made to lower the cost of other types of student housing and
to provide a greater measure of individuality to dorm and apartment living. To
promote this, the Subcommittee suggests that the CAC be prepared to address the
short -term problem of life -style conflict and the long -term problem of student
housing at the study session of the City Council. Among the suggested remedial
policies which should be explored and discussed are:
1) Stronger enforcement of present nuisance ordinances.
2) Enforcement of single - family residences in R -1 Zones.
3) Ways to lessen the economic incentives for students living in R -1 zoned
houses.
4) Community awareness programs to foster greater voluntary compliance with
nuisance legislation. ,
5) Public information programs to develop more public awareness of the nature
and size of the issue.
With this basic position paper, Dr. Kersten then submitted several documents
prepared by various members of the Citizen's Advisory Committee on the subject,
including copies of City Ordinances dealing with noise, prohibited conduct and
offensive conduct by citizens in the City and ways and means of enforcing such
rules.
City Council Minutes
December 5, 1977
Page 3
Mr. Herbert Pardoe, 1441 S1ack.Street, again appeared before the City Council
and presented a petition signed by 70 neighbors in his area stating as follows:
"We the undersigned residents of Slack, Longview and Albert Drive, wish to go
on record approving strict enforcement of the restraints inherent in the
San Luis Obispo R -1 Zoning Ordinance - - -in specific the part that specifies the
number of independent family units that can occupy a single family dwelling."
He then reviewed the problems caused by communal housing in his neighborhood
where a number of young people had taken over a single family dwelling in an
extremely nice residential area. He believed that the City Council's duty
and responsibility to protect and enforce the regulations in the R -1 zones in
the City and to enforce existing ordinances that they have adopted.
Lois Meyer spoke in support of allowing unrelated persons to live together in
single family zones. She felt that the regulations should be enforced against
those that were causing problems, nuisances, etc., and not against everyone living
in communal homes.
Betty Brown stated she felt that the City Ordinances dealing with communal living
in R -1 zones should be enforced..
Harry Busselen, 807 Skyline Drive, stated that he felt that due to the lack of
enforcement of the zoning regulations by the City Council, City Administration,
that the neighborhoods in San Luis Obispo were being rezoned by use to higher
densities. Further, he urged the Council to enforce City Codes in single family
areas to have the people comply to all the rules of-the City. He stated that
when people moved into areas of higher density they expected to put up with
noise, traffic, parking problems, etc. But when people went to the expense to
go to the outer areas of the community and buy and settle in R -1 zones, he felt
that these properties should be protected as R -1 zones and in R -1 use only.
Clyde Hoestetter, Los Verdes Park, urged the City Council to enforce the housing
rules in the R -1 zone. He stated that 5 or 6 of the houses in this new condominium
tract had been converted to group living with the attendant noise, traffic, parking,
etc. He felt the City should protect people who wished to live in a family oriented
environment. He listed violations to date caused by residents of these group
quarters. He felt zoning.laws should be enforced or should then be taken off the
books so everyone could reap the rewards of high income from renting single family
homes to large groups of people.
Walt Lambert, Housing Coordinator for Cal Poly and member of the City Human
Relations Commission, felt that before the City Council started action on this
particular problem that they get all the information possible. He stated that
this has been an on -going problem for a long time ignored by and even encouraged
by the City and to start a strict enforcement project without all information
would be disastrous. He stated that as far as he was concerned, they had at
Poly, a record of many beds available to students who went to Poly throughout
the community with no need of renting single family dwellings, but he said it
was a new life - style, it was easier, more economic to have four or more people
paying the rent for a house than one person paying rent in an apartment. He
hoped that whatever was done it should be enforced fairly to all citizens and
residents of the City and not just to areas in which the students might have
taken up living.
Mr. Wheeler, 764 Murray Avenue, agreed with enforcement of all City regulations as
he felt that the residential neighborhoods should be protected, but he felt that
all ordinances of the City should be enforced fairly and not only against the
students.
Anna Alexander,.555 Slack Street, urged that the City Council enforce all
ordinances adopted by the City to all areas of the City and to all people in the
City and not just pick on students or areas where there had been complaints. If
there were violations, everyone should be treated the same.
Mrs. Gamms, 1743 Huasna Street, demanded the enforcement of the three or more
unrelated ordinances in the City in all areas of the City, as she stated that
in her neighborhood there were too many dwellings devoted to communal living
by young people with the attendant parking problems, traffic, noise, filth,
vulgarity, etc. She hoped the City Council would enforce the ordinances and
demand that the City employees do their job.
City Council Minutes
December 5, 1977
Page 4
Mr. Woodford Bowls, 1935 Hays Street, urged the Council to direct the City
Staff to enforce the ordinances equitably on all people of the community and
not to select their enforcement targets as recommended by the Administrative
Officer.
Allen Harrison, Laguna Lake Area, did not feel the ordinances of the City should
be enforced equitably, but he agreed that this should be done on a selective or
complaint basis because in all instances, when 3 or 4 people lived together,
'
they might not be causing as much of a problem as a family with a number of
children and the reason these people did live communally was that it was more
economical to rent decent quarters when 3 or 4 people shared the rent than to
live alone.
William S. Howell, 2724 Johnson Avenue, felt the City Council should protect
the residents in the R -1 zone and force people who were in violation of the
ordinance to comply with the proper number of people in the residences. He
also felt in this way the density and occupancy numbers in the residential
areas would be reduced. He also felt there was another problem, particularly
in the Johnson Avenue Area where there were auto repair shops, major auto
repairs being done in the R -1 zone. He stated that all in all communal housing
was a nuisance in an R -1 zone as the people living in these units did have
businesses on the side as the one he just mentioned and which had been reported
to the City on a number of occasions, with no follow -up action.
Brian Colt, student - Cal Poly, objected to constant complaints about the
student. He felt that even families with 4 or more members could cause problems
such as noise, parking, traffic, etc. and he felt that the violations should be
listed as people and not students.
Mayor Schwartz declared the public hearing closed.
Chief Neuman reported to the City Council on how complaints were handled by his
Department when there were noise, traffic, parking problems, etc.
'
Councilman Dunin asked why, if there were so many problems and complaints of
violations to the zoning ordinance relating to 3 or more residents had not the
City Staff informed the Council of these problems and asked for directions.
R. D. Miller, Administrative Officer, stated that it was his understanding
that it had been a City policy of long- standing not to enforce any violations
to the 3 or more persons ordinance. The Staff did not feel that the Council
was interested in full enforcement of this ordinance.
Councilman Jorgensen stated that he hoped the City Council would not take
precipitous action on this problem until all the information had been received.
He would like a report on why the Staff felt that these ordinances were diffi-
cult to enforce, and unless convinced that they were impossible to enforce, he
would urge the enforcement of all ordinances of the City until brought to the
Council's attention why they could not be enforced.
Councilman Dunin asked why could not the City enforce ordinances that were
now on the books.
R.D. Miller, Administrative Officer, stated it could be done but it would take
an increase in staff if the Council wished enforcement of the various ordinances.
Councilman Dunin also asked could the City demand a business license from people
renting dwellings so that the tenants could be limited by permits. The City
Attorney answered that he would have to look up the laws on requiring single
rentals to have a business license.
1:45 P.M. Councilman Jorgensen left the meeting.
Councilman Settle felt that all ordinances of the City should be enforced. He
hoped the Staff would not leave this meeting and start a dragnet for violations.
He did not feel that any increase in Staff was needed to conscientiously enforce
the ordinances already on the books and he urged enforcement.
City Council Minutes
December 5, 1977
Page 5
Councilman Dunin stated that he had a number of questions that he wished
answered, but he wanted time to study the citizens' complaints first and
asked that the Council set a future meeting for final consideration of this
particular problem.
Councilman Petterson felt that people living in an R -1 zone should expect
to live in peace and quiet and that 3 or more unrelated persons did not add
to an R -1 living environment. He hoped that all ordinances of the City would
be vigorously enforced by the City Administration.
After brief discussion by the City Council, the matter was continued to 7:30 P.M.,
Tuesday, January 10, 1978, at which time the public study hearing would be con-
tinued for citizen input. The Community Development Department was directed to
prepare a report on enforcement activities and problems together with possible
solutions.
2. There being no further business to come before the City Council, Mayor
Schwartz adjourned the meeting at 1:45 P.M.
APPROVED: January 17, 1978 4
J,or Fit trick, City Clerk
M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 6, 197.7 - 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
Pledge
ROLL CALL
Councilmen
PRESENT: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
ABSENT: None
City Staff
PRESENT: J.H. Fitzpatrick, City Clerk; Allen Grimes, City Attorney; R.D.
Miller, Administrative Officer; Henry Engen, Director of Community
Development; Dan Smith, Senior Planner; Terry Sanville, Associate
Planner; Richard Minor, Fire Chief; Jim Stockton, Director of
Parks & Recreation; Roger Neuman, Police Chief; David Romero,
Director of Public Services
A. Mayor Schwartz on behalf of the City Safety Committee, presented the City
Safety Award to the Fire Department for having the least number of accidents in
' the fiscal year July 1, 1976 thru June 30, 1977, and congratulated the City Staff
on behalf of the City Council.
B. At this time, the City Council considered recommendations from various
subcommittees for appointment of individuals to the various advisory boards,
committees, and committees of the City Council.
1) Councilman Dunin, on behalf of the Subcommittee (Dunin /Petterson),
nominated the following persons to four year terms on the Architectural Review
Committee: Donald J. Kahn, Jerry Reiss, Roger Marshall and Myron Graham. Mayor
Schwartz nominated Dr. Lawrence Field for a four year term on the Architectural
Review Committee.
On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City
Council appoint Donald J. Kahn, Jerry Reiss and Roger Marshall to four year terms