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to provide the evidence upon which the City could bring additional law suits. Mr. Schricker explained that 696 Upton is not considered a boarding house as meals are not provided, and explained that the state legislature struck down the traditional notion of family, and any number of people can live together in one house, as long as safety and health codes and all related laws are observed. Mr. Schricker advised that nuisances and health and code violations are the best issues to prosecute, but they are easy to temporarily rectify. Also, the City could reasonably expect a continuation of Mr. Hurchanik's behavior, but the City would remain aggressive in its efforts to have that property cleaned up. Acting Community Development Director Patterson described the many, many courses of action taken by staff and Council over the years in trying to find a resolution to the problem behavior of the tenants and owner of 696 Upton Street, and the difficulties of obtaining the evidence needed to proceed with prosecutions. Mr. Patterson described how in June the City Attorney sought warrants to enter 696 Upton and a team of San Mateo County health officials, City police and code enforcement officers issued violations to Mr. Hurchanik, the owner of 696 Upton. Mr. Patterson described the reasons behind issuing a 30-day extension, and also plans for prosecution. Councilmembers described their frustration with the preemption of state law that stops them from being able to resolve this issue quickly. In response to Council questions, City Attorney Schricker advised that as long as a vehicle is operable it may legally be parked in the owner's driveway for an indeterminate length of time. Also, the evicted tenants are not eligible for relocation benefits under the City's current relocation ordinance. City Manager Everett described the team approach to this problem being taken by City and County officials and advised that several promising alternatives were discussed at a meeting held earlier in the day. The following people addressed the Council regarding this issue: Leslie Miller, 696B Upton, stated she is one of the tenants being evicted for demanding better conditions. Ms. Miller thanked the police for trying to force the owner of the property, Mr. Hurchanik, into cleaning up the property. Tim Garretson, 131 Upton, asked that further discussion of this issue take place at another Council meeting. Mayor Buchan suggested that the new Councilmembers who needed additional background, and Mr. Garretson and other neighbors meet with the City Manager to discuss this further. MEMO 8/3/93 Regular Meeting and Study Session Agenda August 2, 1993 Page 2 MINUTE BOOK NO. 51 Page No. 491 ..~..- ---,~_. '-..-..-.-"" 1