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HomeMy WebLinkAbout12/05/1977L .L 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