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HomeMy WebLinkAboutEmail Batch 1B - Produced332 From:Shoresman, Michelle Sent:Sunday, November 17, 2024 5:16 PM To:kathie walker Subject:RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi again Kathie, We will continue to work on this. I promise you that. It is also frustrating to me that, as a councilmember, I only generally “get” to attend one SCLC meeting a year, because the mayor attends them all, and so only one other councilmember can be present each time. So, we rotate. I have not been since last school year, and was supposed to attend in October….but got put on a jury that day! So, I missed what was supposed to be my one chance! I have however talked with the City Clerk about assigning me in the early part of the new year, so I hope to attend a meeting before St. Fratty’s so I can be part of the discussion as well. Thanks for staying engaged and keeping us informed. I really appreciate this extra context about the recent SCLC meetings. Michelle From: kathie walker < Sent: Friday, November 15, 2024 11:06 PM To: Shoresman, Michelle <mshoresm@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi Michelle, Thank you so much for the response. Last night was horrendous with so many fraternity parties and I guess it was a difficult realization that fraternities are not curbing their parties, after feeling hopeful last weekend because it was quiet. And there are more tonight. I love your suggestion about approaching the Regents and other local state representatives. I crossed paths with Dawn Addis years ago when I was helping run Heidi Harmon's campaign but she may not remember me. I'm not super comfortable in the forefront but am great as a supporter in the background for more extroverted people who enjoy the spotlight. I may have to step out of my comfort zone and be more public with this issue to get it solved. To touch briefly on another matter that is somewhat related to Greek life, I am very nervous about St. Fratty's Day and have been meeting with neighbors to strategize. Unfortunately, there has not been outreach from the 333 city and we feel alone over here. I've been attending SCLC for the past year. During the first meeting this academic year, there was an exercise to choose goals for initiatives. Whitney McDonald's only goal was to stop St. Fratty's Day. I was teamed up with Whitney and someone from Cal Poly in a small group, and the Cal Poly rep said that she's on the task force for St. Fratty's Day and Cal Poly was leaning toward holding a sanctioned event in the city. Whitney looked sideways and shook her head. It was the first time she'd heard of Cal Poly's plans for the City. During the next meeting, the Chair (Ashely Spragins) showed a list of initiatives, and St. Fratty's Day was not included. Whitney spoke up and it took some arm-twisting from city representatives on SCLC, including Erica Stewart and me, to get it included. (I happened to be sitting in for Mila during that time.) I reminded the group Rick Scott told SCLC last year in his debrief of St. Fratty's Day, that it needed to be student-led and SCLC was the best forum for that. Overall, I feel Cal Poly and its task force for St. Fratty's Day does not have the City's best interest in mind. Their focus is on protecting their campus and dorms. This sort of lines up with their approach to their illegal fraternities, which they are not sharing with the city but are still sa nctioning parties. It would be great if the City took a stronger stance to look out for itself. A report from Cal Poly's task force is a standing item on the SCLC agenda so I look forward to hearing what they say on Thursday. Thank you for your email and constructive ideas to approach the fraternity problem from another angle. I know you share my frustration and agree that the issue should be solved. Your communication is appreciated! (Sorry for all of the emails.) -Kathie On Fri, Nov 15, 2024 at 10:08 PM Shoresman, Michelle <mshoresm@slocity.org> wrote: Hi Kathie, Thanks for the letter. You are very diligent in your writing and reporting to us. And, I am pretty sure you were present at the council meeting when several of us (from the dias) expressed frustration with Cal Poly as well. I wondered if you have given any thought to advocating about this problem to your local state representatives or the CSU Board of Regents? I don’t know if that will help or not, but it is worth advocacy at every level I think. As you know, we are working on things from our end…but every little bit helps, from every angle, I think. Thanks again. Michelle From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; 334 E-mail Council Website <emailcouncil@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. 335 There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. 336 There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. 337 Thank you, Kathie 349 From:kathie walker < Sent:Friday, November 15, 2024 2:21 PM To:Scott, Rick Cc:Tway, Timothea (Timmi); Mezzapesa, John; McDonald, Whitney; E-mail Council Website Subject:Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Chief Scott, I think I understand what you're saying. Just to clarify: - SLOPD won't be sending me a list I requested of the "known/nuisance" properties that are prohibited from registering parties because SLOPD is using the list I provided last academic year, which documented legal and illegal fraternities in the city. I already have that list. Note: Most fraternities are illegal because only six fraternities have Conditional Use Permits and there are 19 fraternities with over 80 fraternity locations. There are also new fraternities this year that held documented rush/recruitment events. -SLOPD is not using the list I provided that documented legal and illegal fraternities for police response to noisy parties until or "while Community Development works to streamline their enforcement process with illegal use of residential properties." So meanwhile, SLOPD dispatch is sending college student SNAP officers to respond to fraternity parties in our neighborhoods a.k.a. "known/nuisance" properties. "We agreed and determined it was inappropriate to provide residents with the ability to register an event while simultaneously violating the municipal code and will maintain this best practice while Community Development works to streamline their enforcement process with illegal use of residential properties." I don't mean to be difficult and am really just trying to solve a problem that seems bogged down by bureaucracy. Wouldn't it be fairly easy to use that same list for SLOPD to dictate the response to "known/nuisance" properties? Currently, fraternities with CUPs require a response from SLOPD and SNAP does not respond to "legal" fraternities. SNAP officers are young and some don't want to respond to fraternity parties. It is intimidating to pull up to a house with 100+ people, including fraternity guys hosting a party with sororities and other females who don't appreciate their party being ruined. You have specifically told me that it is dangerous for me to approach or video fraternity parties. While SNAP officers may be required to approach these fraternity parties, they do not issue DACs most of the time even if the party can be heard from a block away. I completely understand the awkward position they are put in and don't blame them. The bottom line is that it is not effective enforcement of the noise ordinance because the property must receive a DAC before it is elevated to a response from SLOPD and potentially given a noise citation. When DACs are not issued, properties never move on to SLOPD response and are not held accountable. Also, it is not fair to these young college student SNAP officers, dealing with a large group of fraternity members with a high potential for conflict. Responding to a "regular" party is reasonable and that's what the SNAP program was set up for. Sending SNAP to deal with fraternity parties is not reasonable or fair to the college student officers, or the residents in the neighborhood because of the fallout from non-enforcement. What does SLOPD need to enact this change and require sworn SLOPD officers to respond to fraternity parties? Is it possible for CSOs to help fill that role? Do you have enough officers during the targeted period on weekends, beginning on Thursday, to address the increased calls from fraternity parties? 350 I don't think it is fair for the residents of our neighborhood to endure the ongoing non-enforcement of the noise ordinance for another academic year. I love the SNAP program. It's just not a good fit for SNAP to respond to fraternity parties. Please let me know what you think would help move the process along so our neighborhood doesn't have to endure another academic year where fraternities are mostly not held responsible for their loud parties because SNAP is not issuing DACs most of the time. Thank you, Kathie On Fri, Nov 15, 2024 at 12:06 PM Scott, Rick <rscott@slocity.org> wrote: Kathie, Last spring, when Community Development received the extensive list of properties that you had identified as “illegal fraternity houses”, we determined that those houses would no longer be eligible for party registration. We do not have a mechanism for collecting that information, but as you had gleaned the information from your sources, presumably from the AB 524 report, we choose to rescind party registration opportunities from those properties. We agreed and determined it was inappropriate to provide residents with the ability to register an event while simultaneously violating the municipal code and will maintain this best practice while Community Development works to streamline their enforcement process with illegal use of residential properties. As previously mentioned, the operation of an illegal business/fraternity must route to Code Enforcement to validate. Once locations continue to be validated in the future, we’ll have a list for further enforcement opportunities and in turn Code will be able to obtain calls for service from those same properties to assist with their enforcement as well. Right now and in good faith, we are using the list of “known nuisances” you provided to deny party registrations. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications 351 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 10:51 AM To: Scott, Rick <rscott@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you for the clarification, Chief Scott. Your email also states that SLOPD began flagging "known/nuisance" properties last spring and that was put in place last spring. So presumably, you have identified those addresses somehow. Would you please send me a list of the property addresses that SLOPD considered "known/nuisance" properties? Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Were you aware that SNAP officers do not want to respond to frats? The SNAP officer expressed this to me last night, and others have told Steve and I that last year. I have sent you correspondence about witnessing bullying and intimidation of SNAP officers by fraternity members, yet they continue to respond to large fraternity parties. Do you feel that is acceptable? If not, what have you done to correct it? To All: I'm not sure why there is a delay in coordination between Code Enforcement and SLOPD. The Planning Commission was mystified about why this was not happening. The report that identified illegal fraternities and Cal Poly's AB 524 report that identified illegal fraternity houses was provided to Community Development over a year ago. SLOPD has been aware of the nuisance properties and fraternity houses in our lower-density residential neighborhoods for years. I have been sending videos of enormous, disruptive parties to SLOPD that were cleared as Negative Violation or Unable to Locate since Fall 2021. Coordination between Code Enforcement and SLOPD should have happened long ago and should be a priority now. Thank you for your efforts. 352 -Kathie On Fri, Nov 15, 2024 at 10:30 AM Scott, Rick <rscott@slocity.org> wrote: BCC CC: Hi Kathie, I believe the statement you are attributing to me below in your email is not accurate. My last email to you is attached for reference and here is the excerpt from that email on your question specifically. I only agreed with you and stated we are working towards that process. SLOPD does not yet flag “illegal” fraternity houses. This is a new approach, and we are beginning an integrated process where all departments can work from a single list as validated by Code Enforcement, the police department does not evaluate zoning legalities. Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications 353 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; E-mail Council Website <emailcouncil@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. 354 There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. 355 There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. 356 Thank you, Kathie 357 From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 12:06:39 PM To: kathie walker < Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Kathie, Last spring, when Community Development received the extensive list of properties that you had identified as “illegal fraternity houses”, we determined that those houses would no longer be eligible for party registration. We do not have a mechanism for collecting that information, but as you had gleaned the information from your sources, presumably from the AB 524 report, we choose to rescind party registration opportunities from those properties. We agreed and determined it was inappropriate to provide residents with the ability to register an event while simultaneously violating the municipal code and will maintain this best practice while Community Development works to streamline their enforcement process with illegal use of residential properties. As previously mentioned, the operation of an illegal business/fraternity must route to Code Enforcement to validate. Once locations continue to be validated in the future, we’ll have a list for further enforcement opportunities and in turn Code will be able to obtain calls for service from those same properties to assist with their enforcement as well. Right now and in good faith, we are using the list of “known nuisances” you provided to deny party registrations. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications 358 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 10:51 AM To: Scott, Rick <rscott@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you for the clarification, Chief Scott. Your email also states that SLOPD began flagging "known/nuisance" properties last spring and that was put in place last spring. So presumably, you have identified those addresses somehow. Would you please send me a list of the property addresses that SLOPD considered "known/nuisance" properties? Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Were you aware that SNAP officers do not want to respond to frats? The SNAP officer expressed this to me last night, and others have told Steve and I that last year. I have sent you correspondence about witnessing bullying and intimidation of SNAP officers by fraternity members, yet they continue to respond to large fraternity parties. Do you feel that is acceptable? If not, what have you done to correct it? To All: I'm not sure why there is a delay in coordination between Code Enforcement and SLOPD. The Planning Commission was mystified about why this was not happening. The report that identified illegal fraternities and Cal Poly's AB 524 report that identified illegal fraternity houses was provided to Community Development over a year ago. SLOPD has been aware of the nuisance properties and fraternity houses in our lower-density residential neighborhoods for years. I have been sending videos of enormous, disruptive parties to SLOPD that were cleared as Negative Violation or Unable to Locate since Fall 2021. Coordination between Code Enforcement and SLOPD should have happened long ago and should be a priority now. Thank you for your efforts. -Kathie On Fri, Nov 15, 2024 at 10:30 AM Scott, Rick <rscott@slocity.org> wrote: BCC CC: Hi Kathie, I believe the statement you are attributing to me below in your email is not accurate. My last email to you is attached for reference and here is the excerpt from that email on your question specifically. I only agreed with you and stated we are working towards that process. SLOPD does not yet flag “illegal” fraternity houses. This is a new approach, and we are beginning an integrated process where all departments can work from a single list as validated by Code Enforcement, the police department does not evaluate zoning legalities. 359 Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; E-mail Council Website <emailcouncil@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A 360 screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. 361 There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. Thank you, Kathie 362 From:Armas, Sara Sent:Friday, November 15, 2024 12:50 PM To:kathie walker Cc:CityClerk Subject:RE: Planning Commission 11/13/2024, follow up Hi Kathie Walker, Your written comment has been entered into the public archive for the November 13, 2024 Planning Commission Meeting and provided to the Commissioners. BCC: Council_All Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: kathie walker < Sent: Friday, November 15, 2024 12:07 PM To: Advisory Bodies <advisorybodies@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Kersten, Markie <mkersten@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Cc: E-mail Council Website <emailcouncil@slocity.org> Subject: Planning Commission 11/13/2024, follow up This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commissioners and City Staff, Follow-up Information is provided below to answer some questions asked during the Planning Commission meeting on 11/13/2024 for which city staff indicated they did not know the answer. Were letters to property owners of Cal Poly fraternities lost by the Community Development Department (CDD)? Yes. A public records request was made on 9/12/2024 for any records sent to property owners of illegal fraternities in San Luis Obispo from 11/8/2023 to the present. The reason records were requested beginning on 11/8/2023 is that there was a meeting between Timmi Tway, John Mezzapesa, Brett Cross (of RQN), and me on 11/8/2023. 366 From:kathie walker < Sent:Friday, November 15, 2024 12:07 PM To:Advisory Bodies; Tway, Timothea (Timmi); Kersten, Markie; Corey, Tyler; Hanh, Hannah Cc:E-mail Council Website Subject:Planning Commission 11/13/2024, follow up Attachments:CDD fraternity action.pdf; AB 524 REPORTS Before and After Addresses Removed.pdf; Email 7.17.2024. Cal Poly is hiding the locations of illegal fraternities.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commissioners and City Staff, Follow-up Information is provided below to answer some questions asked during the Planning Commission meeting on 11/13/2024 for which city staff indicated they did not know the answer. Were letters to property owners of Cal Poly fraternities lost by the Community Development Department (CDD)? Yes. A public records request was made on 9/12/2024 for any records sent to property owners of illegal fraternities in San Luis Obispo from 11/8/2023 to the present. The reason records were requested beginning on 11/8/2023 is that there was a meeting between Timmi Tway, John Mezzapesa, Brett Cross (of RQN), and me on 11/8/2023. During the meeting, I provided Ms. Tway and Mr. Mezzapesa with a detailed report and documentation of the address locations of dozens of illegal fraternity houses operating as full-fledged fraternities in the city's neighborhoods. In response to my request for records, on 9/23/2024, the City Clerk sent a link to the records available and stated that some of the letters sent to property owners were lost by the Community Development Department so were not able to be produced. 367 On 9/27/2024, I sent an email to Ms. Tway, Mr. Mezzapesa, the City Manager, the City Council, RQN Board members, and the president of the Alta Vista Neighborhood Association (AVNA), expressing my concern about the lost letters, undated Notices of Violation, and the overall failure to address the fraternity problem. Also, many well-documented fraternity houses were overlooked and not sent Advisory Letters or Notices of Violations, including the main chapter houses for some fraternities. I also recognized that Mr. Mezzapesa was great to work with and acknowledged that he expressed that Code Enforcement has limited resources and insufficient staff to deal with this huge problem. Sixteen (16) Advisory Letters were lost and eighteen (18) fraternity houses were not issued any letters or notices, even though they are operating as a fraternity and documented in Cal Poly's AB 524 report, and/or advertised fraternity-related events on social media. My email on 9/27/2024 included further documentation of the fraternity operations at those 18 fraternity locations and also included a list of the addresses for the letters that were lost. (See Attachment: CDD fraternity action) Did Cal Poly erase the addresses of its fraternities in a public report that was required by some sort of legislation? Yes. On 10/1/2023, Cal Poly published a report for each fraternity and a spreadsheet that listed the date, time, and address of each sanctioned event during the academic year 2022-2023. In July 2024, after Code Enforcement sent Advisory Letters and Notices of Violation to many property owners with illegal fraternity operations within the city's neighborhoods, Cal Poly erased all the addresses of sanctioned events held at its fraternity in the AB 524 report. It appears Cal Poly is hiding the addresses because it doesn't want Code Enforcement to know where the illegal fraternities are located in the city. Below is an example of one fraternity. The original report for Phi Sigma Kappa on 10/1/2023 listed the addresses (top) and in July 2024, the addresses were replaced with "San Luis Obispo" in the edited report (bottom). I've attached three more examples to this email. (Attachment: AB 524 REPORTS Before and After) This was done for each of the 17 fraternities for the 2022-2023 academic year. 368 The CSU system provided a template to each of the 23 campuses within the CSU system to streamline and standardize the AB 524 reports for each campus. The template specifically says "Address (On and Off-campus)" in the heading of the spreadsheets, as shown below. Cal Poly provided a hyperlink in the "Address" column that leads to the blue spreadsheets with a heading that says "Location". 369 On 7/17/2024, I notified the City and the RQN Board members that Cal Poly had erased the addresses of fraternity events during the 2022-2023 academic year from its AB 524 report. Ms. Tway responded, "We are disappointed to see the change that occurred with the AB524 report information that is provided online. We will be providing your email to Cal Poly leadership and speaking with them about the changes to the report information as well as the role that the University can play in addressing this issue." (Attachment: Email 7.17.2024 Cal Poly is hiding the locations of illegal fraternities) Courtney Kienow responded on behalf of Cal Poly explaining that Cal Poly had realized that they were the only CSU of all 23 campuses that included addresses of fraternity events in the report, so the addresses were removed to be consistent with the other CSU campuses. However, only five of the 23 CSU campuses did not include the addresses of fraternity events. When this information was provided to Ms. Kienow, she said that the addresses were removed to protect the privacy of Cal Poly's students. The address information did not include any personally identifiable information that would identify a particular student, so did not violate a student's privacy according to Federal and State law. Nonetheless, Cal Poly has doubled down on its narrative. On 10/1/2024, Cal Poly published a report for each fraternity, as required by AB 524, and did not list the addresses for sanctioned events held by fraternities during the 2023-2024 academic year. Instead, they listed "San Luis Obispo" as the address. The requirements of AB 524 were adopted as the California Education Code beginning with section 66310 and the purpose is to provide transparency. Hopefully, this information helps to clarify some of the questions asked during Wednesday night's Planning Commission meeting. Best Regards, Kathie Walker SIGMA NU Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 10/3/2023 (above) SIGMA NU Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 7/15/2024 (above) KAPPA SIGMA Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 10/3/2023 (above) KAPPA SIGMA Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 7/15/2024 (above) LAMBDA CHI ALPHA Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 10/3/2023 (above) LAMBDA CHI ALPHA Fraternity “Sanctioned Events” in Cal Poly’s AB 524 Report, 7/15/2024 (above) Zeta Beta Tau 244 Albert Drive 244 Albert Drive, referred to as “the Zoo” had an event with a live band on January 12, 2024, and a music video for the band was filmed during the concert in the backyard. The band posted clips from the concert at 244 Albert on their Instagram page (below) 26 No Date on Notice of Violation 1525 Slack Street – Sigma Pi 27 No Date on Notice of Violation 1327 E. Foothill Blvd – Beta Theta Pi 28 Wrong address cited in letter (should be 1740 not 1704) 1740 Fredericks Street – Phi Kappa Psi 29 The City’s spreadsheet (page 2) shows Notices of Violation and Advisory Letters were sent to the following addresses, but the City claims the letters were “lost” by the Community Development Department. How will the City have a record of the violation and/or follow-up since the letters are lost? Lost Notice of Violation: 1. Beta Theta Pi 1327 E. Foothill Blvd *main Chapter house for the fraternity Lost Advisory Letters: 2. Kappa Sigma 1861 Hope St 3. Phi Kappa Psi 1740 Fredericks St 4. Phi Kappa Psi 346 Grand Ave 5. Sigma Nu 1621 McCollum St 6. Theta Chi 1661 McCollum St 7. Phi Kappa Psi 237 Albert Dr 8. Phi Gamma Delta 385 Chaplin Ln 9.Kappa Sigma 108 Crandall Wy 10. Theta Chi 1238 E. Foothill Blvd 11. Phi Gamma Delta 1254 Bond St 12. Theta Chi 191 Kentucky St 13. Kappa Sigma 281 Hathway Ave *main Chapter house for the fraternity 14. Unknown Fraternity 525 El Camino Real 15. Unknown Fraternity 1130 Olive St 16. Unknown Fraternity 618 Felton Wy 17. Used as Event Venue 1010 Paseo DeCaballo 30 Cal Poly is hiding the locations of their illegal fraternities kathie walker < Wed, Jul 17, 2024 at 8:13 PM To: "Mezzapesa, John" <JMezzape@slocity.org>, "Tway, Timothea (Timmi)" <ttway@slocity.org>, "Scott, Rick" <rscott@slocity.org>, emailcouncil@slocity.org, wmcdonald@slocity.org, "Stewart, Erica A" <estewart@slocity.org>, "Shoresman, Michelle" <mshoresm@slocity.org>, "Francis, Emily" <EFrancis@slocity.org>, "Pease, Andy" <apease@slocity.org>, Jan Marx <jmarx@slocity.org> Cc: Sandra Rowley < , Brett Cross < , Carolyn Smith < , Karen Adler < , Stewjenkins Info < , Doug Irion < San Luis Obispo City Leaders and Elected Representatives, I have worked very hard for the past couple of years to solve the problem of illegal satellite fraternity houses in our neighborhoods in San Luis Obispo because their parties and other disruptive behavior have ruined the quality of life for many of us, including me and my family. I spent many months preparing a report identifying illegal satellite fraternity houses in R-1 and R-2 neighborhoods, which include the main chapter houses for several fraternities at Cal Poly. Last year, all colleges and universities in California were required to publish a report online including the locations of their fraternities and the location, dates, and times of all "sanctioned events" held by every fraternity and sorority per Assembly Bill 524: The Campus- Recognized Sorority and Fraternity Transparency Act (AB 524; Sections 66310-66312 of California Education Code). Most of the locations for "sanctioned events" listed in the AB 524 Report were at illegal fraternity houses in R-1 and R-2 residential neighborhoods. It is against the City's municipal code and zoning regulations for fraternities to operate in R-1 and R-2 neighborhoods. I cross- referenced the addresses from my report with Cal Poly's AB 524 report, which confirmed the locations of satellite fraternity houses in our neighborhoods. Subsequently, I provided my report to Community Development Director, Timmi Tway and Code Enforcement Supervisor, John Mezzapesa during a meeting on 11/8/2023. I have also kept John Mezzapesa updated about the fraternity's social media posts, advertising fraternity events at the illegal fraternities in our neighborhood. The last academic school year was worse than ever, as evidenced by the explosion of the number of calls to SLOPD during the 3-night Halloweekend event and the enormous turnout for St. Fratty's Day. As a side note, I contacted the property owner of 348 Hathway before St. Fratty's Day and he promised that the fraternity members would block off their property and they would not participate in the event. Still, several fraternities did host parties that day, and as you know, the event was a nightmare. It is by sheer luck that no one was hurt or killed during the event. From September to June, dozens of illegal fraternities in our neighborhood continued to operate Thursday - Sunday and the loud parties have made our lives a living hell. Summer and Winter Break are the only reprieves we have from the regular, disruptive, noisy fraternity parties operating illegally in our neighborhood. Recently, the City issued Notices of Violation and advisory letters to over 50 of the illegal fraternity houses. After the property owners and/or property managers received these notifications from the City, they contacted the City and Cal Poly's Greek Life office. Many claimed they were unaware that the house was holding fraternity events and they wanted their homes removed from Cal Poly's list of "satellite fraternity houses." As a result of this pushback, Cal Poly told the City that they will no longer keep track of their fraternity's satellite fraternity houses. These "satellite fraternity houses" are operated as full-fledged fraternity houses, with rush events, huge parties that host sororities, and other "philanthropic" events with tons of loud, boisterous, intoxicated people. It's like having multiple nightclubs in a residential neighborhood with people walking from party to party, every weekend. Notably, some of these "satellite" fraternity houses are the main chapter houses for the fraternity and are located in R-1 and R-2 neighborhoods. These illegal fraternity houses have changed the fabric of our neighborhood and have made it unlivable every weekend that Cal Poly is in session. Several people, including me, my neighbors, and code enforcement, have been awaiting the publication of Cal Poly's AB 524 Report on 10/1/2024 so we can confirm new illegal fraternity houses that have popped up in our neighborhood, and those that still exist. It has come to my attention today that Cal Poly Greek Life just removed the addresses from their AB 524 Report online that identified "sanctioned events" at illegal fraternity houses within the neighborhoods in San Luis Obispo. They have replaced the addresses with "San Luis Obispo". The only logical explanation for this action is that Cal Poly wants to hide the location of their illegal fraternity houses from the public and from the City of San Luis Obispo's code enforcement department. This also indicates that Cal Poly will not release the addresses in their report on 10/1/2024, for the events held at illegal fraternities during the last academic year, 2023-2024. Below is an example of Cal Poly's AB 524 Report when it was originally published on 10/1/2023 compared to today. As you can see, someone at Cal Poly recently altered the report and removed all the addresses. They did the same for every one of their 18 fraternities. Cal Poly does not care about our neighborhoods. They don't care that the ongoing disruptive parties at illegal satellite fraternity houses are destroying our lives. Otherwise, they would not try to secret their locations by removing them from the AB 524 report and telling the City's code enforcement that they will no longer keep track of satellite fraternity locations. Why doesn't Cal Poly do something to solve the problem rather than continue to place the burden on the people who live near the nuisance fraternities? During the last academic school year, we could not sleep, rest, or enjoy our property from Thursday to Sunday. How is that okay? Last year, the Cal Poly employee who oversees Greek Life, Elizabeth Aiello-Coppola, told me that the disruptions caused by fraternities are not Cal Poly's responsibility. She suggested that I contact SLOPD and/or Code Enforcement. I did so, and now Greek Life is trying to make it difficult for San Luis Obispo to enforce its laws related to illegal fraternities. That isn't right. Throughout the past year, I have contacted the City Council about this ongoing issue and have received the same response: "We're working with Cal Poly." I want you to realize that this tactic did not work. Cal Poly does not want to cooperate. So now what? What is the City going to do to solve this problem since it is obvious that Cal Poly does not want to be part of the solution? There are dozens of illegal fraternities in our neighborhood that are taking up city resources with SLOPD response and ruining the quality of life for those who live here. Please let me know the next steps the City will take to tackle this problem that has become out of control. Thank you, Kathie Walker P.S. The city could have done something in 2015 after the roof collapsed during St. Fratty's Day and Cal Poly issued a report to the City and the community that identified illegal fraternities in R-1 and R-2 residential zones on Hathway. Back then, there were only a few illegal fraternities (all on Hathway Avenue) and ZERO near our home or in the Monterey Heights neighborhood. Now there are over 60! If the city were proactive then, this would not have happened. The illegal fraternities have exponentially overtaken the neighborhoods and continue to expand further each year. This situation is unacceptable and needs to be fixed. Tway, Timothea (Timmi) <TTway@slocity.org>Thu, Jul 18, 2024 at 11:56 AM To: kathie walker < Cc: Sandra Rowley < , Brett Cross < , Carolyn Smith < , Karen Adler < , Stewjenkins Info < , Doug Irion < , "Mezzapesa, John" <JMezzape@slocity.org> BCC:CC Good morning, Kathie, First, Code Enforcement staff would like to thank you and the other members of RQN for the productive meeting yesterday about fraternities and the issues that you are facing in the neighborhood. As you know, we have been working to educate students and landlords about regulations and also enforce the zoning code when violations are identified. As you stated in your email, Community Development staff has also been working with Cal Poly over the past year to address the issues in the neighborhood. While it is true that the City’s Code Enforcement staff is ultimately responsible for ensuring zoning code compliance, there is a role for the university to play in ensuring that students and student groups are operating within the bounds of established regulations and educated about what the regulations are. We are disappointed to see the change that occurred with the AB524 report information that is provided online. We will be providing your email to Cal Poly leadership and speaking with them about the changes to the report information as well as the role that the University can play in addressing this issue. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 376 From:Stowe, Lala Sent:Friday, November 15, 2024 12:01 PM To:Corey, Tyler; Tway, Timothea (Timmi); Hanh, Hannah; Mezzapesa, John; Sheats, Steven; Cohen, Rachel; Loew, Michael Cc:Curry, Krista Subject:PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Importance:High Hi all, Timmi has identified you all as likely to have responsive records, and anyone on your teams that may have responsive records. We have created a planner with all related information linked below. Please comment on the page so you can get email updates and utilize the comments to share information. Planner - PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current The link to the folder for you drop your responsive documents is on the task page. Please note - City Attorney will be pulling all email communication, so you do not need to pull that. If there's anyone we missed that might have documents, please let me know as soon as possible. Thank you, Lala Stowe pronouns she/her/hers Supervising Administrative Assistant Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E lstowe@slocity.org T 805.783.7870 slocity.org Stay connected with the City by signing up for e-notifications 377 From:Stowe, Lala <lstowe@slocity.org> Sent:Friday, November 15, 2024 11:41 AM To:Corey, Tyler; Stowe, Lala; Public Record Requests Subject:RE: Comments on task "PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current" Thanks Tyler. I'll send out an email shortly to ensure we all know the needs and expectations for this request. These comments are about the task PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current in the plan Public Record Requests. Reply in Microsoft Planner or reply to this email to add a task comment. From: Corey, Tyler <tcorey@slocity.org> Sent: Friday, November 15, 2024 7:31:40 PM To: Stowe, Lala <lstowe@slocity.org>; Public Record Requests <PublicRecordRequests@slocitycloud.onmicrosoft.com> Subject: RE: Comments on task "PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current" Planning will have responsive documents. These comments are about the task PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current in the plan Public Record Requests. Reply in Microsoft Planner or reply to this email to add a task comment. From: Stowe, Lala <lstowe@slocity.org> Sent: Thursday, November 14, 2024 4:41:09 PM To: Public Record Requests <PublicRecordRequests@slocitycloud.onmicrosoft.com> Subject: Comments on task "PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current" John and Steve - I assume Code will have responsive documents to this request. Tyler - Not sure if Planning will, please let me know. Timmi - Let me know if you have documents and if you can think of other staff who might. Reply in Microsoft Planner You can also reply to this email to add a task comment. This task is in the Public Record Requests plan. 379 From:Scott, Rick Sent:Friday, November 15, 2024 11:26 AM To:Tway, Timothea (Timmi) Subject:RE: Touching base - fraternity/sorority enforcement 뇤눎눐눑눒눏 never a bother. Greatly appreciated. Thank you, Rick From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 11:24 AM To: Scott, Rick <rscott@slocity.org> Subject: RE: Touching base - fraternity/sorority enforcement Yeah no problem – adding room now. Conference Room 6 in City Hall. Thanks! I will stop bothering you now! From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 11:20 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Touching base - fraternity/sorority enforcement Hi Timmi, Thanks for scheduling so quickly, but can this meeting be in person please? Thank you, Rick -----Original Appointment----- From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 11:18 AM To: Scott, Rick; Mezzapesa, John; Wallace, Christine; Mickel, Fred Subject: Touching base - fraternity/sorority enforcement When: Tuesday, November 19, 2024 3:30 PM-4:30 PM (UTC-08:00) Pacific Time (US & Canada). Where: Microsoft Teams Meeting ________________________________________________________________________________ Microsoft Teams Need help? Join the meeting now 380 Meeting ID: For organizers: Meeting options ________________________________________________________________________________ 383 From:Scott, Rick Sent:Friday, November 15, 2024 11:16 AM To:Tway, Timothea (Timmi) Subject:RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Book it, I’ll make it work뇤눎눐눑눒눏 Thank you, Rick From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 11:11 AM To: Scott, Rick <rscott@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi, Looking at calendars it looks like almost everyone in the operations meeting is available next week on Tuesday from 3:30 to 4:30 except you. Let me know if your meeting is movable – if not, we will meet after the Thanksgiving break! Thanks! Timmi From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:47 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you very much. If we’re shooting for next week, it will have to be before Wednesday as Christine Wallace is leaving for vacation. R. Scott On Nov 15, 2024, at 10:39 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Got it and that makes sense – I will provide direction to Lala to Thanks! t 384 From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:37 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you, Rick From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 10:35 AM To: Scott, Rick <rscott@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you, Chief! I am on the same page, and Lala is working with Tiffany for scheduling. I am also going to include Whitney and Christine D., as Whitney has previously mentioned wanting a meeting on this… Thank you for responding to Kathie, Have a great weekend, Timmi From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:33 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: FW: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi Team, I would like to have a meeting about this at our earliest convenience. Tiff will be working with you and around your already hectic schedules. Thank you, Rick From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. 385 Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential 386 neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re- confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too 387 long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. Thank you, Kathie 388 From:Scott, Rick Sent:Friday, November 15, 2024 11:15 AM To:Wallace, Christine Subject:FW: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Attachments:RE: Fraternity parties and noise Ok. See the attached email as that must be what she is referencing. Thank you, Rick From: kathie walker < Sent: Friday, November 15, 2024 10:51 AM To: Scott, Rick <rscott@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you for the clarification, Chief Scott. Your email also states that SLOPD began flagging "known/nuisance" properties last spring and that was put in place last spring. So presumably, you have identified those addresses somehow. Would you please send me a list of the property addresses that SLOPD considered "known/nuisance" properties? Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Were you aware that SNAP officers do not want to respond to frats? The SNAP officer expressed this to me last night, and others have told Steve and I that last year. I have sent you correspondence about witnessing bullying and intimidation of SNAP officers by fraternity members, yet they continue to respond to large fraternity parties. Do you feel that is acceptable? If not, what have you done to correct it? To All: I'm not sure why there is a delay in coordination between Code Enforcement and SLOPD. The Planning Commission was mystified about why this was not happening. The report that identified illegal fraternities and Cal Poly's AB 524 report that identified illegal fraternity houses was provided to Community Development over a year ago. SLOPD has been aware of the nuisance properties and fraternity houses in our lower-density residential neighborhoods for years. I have been sending videos of enormous, disruptive parties to SLOPD that were cleared as Negative Violation or Unable to Locate since Fall 2021. Coordination between Code Enforcement and SLOPD should have happened long ago and should be a priority now. Thank you for your efforts. 389 -Kathie On Fri, Nov 15, 2024 at 10:30 AM Scott, Rick <rscott@slocity.org> wrote: BCC CC: Hi Kathie, I believe the statement you are attributing to me below in your email is not accurate. My last email to you is attached for reference and here is the excerpt from that email on your question specifically. I only agreed with you and stated we are working towards that process. SLOPD does not yet flag “illegal” fraternity houses. This is a new approach, and we are beginning an integrated process where all departments can work from a single list as validated by Code Enforcement, the police department does not evaluate zoning legalities. Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications 390 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; E-mail Council Website <emailcouncil@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. 391 There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. 392 There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. 393 Thank you, Kathie 1 From:Scott, Rick Sent:Tuesday, November 5, 2024 3:41 PM To:kathie walker Cc:Sandra Rowley; Carolyn Smith; Brett Cross; McDonald, Whitney; Mickel, Fred; Tway, Timothea (Timmi); CityClerk Subject:RE: Fraternity parties and noise BCC CC: Hi Kathie, Thank you for your email, our team will review your observations for any issues to address. The police department was properly upstaffed this past weekend and the weekend prior to address complaints as they came in, as well as proactive patrols throughout the north end neighborhoods in conjunction with the City’s Safety Enhancement Zone. There are a few exciting updates to pass along based on the following questions/comments from your email: Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. Q: Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. A: Agreed. All “regular” houses (without a CUP) are offered the ability to do early removal. However, this will most likely change in the Spring as we change our focus on “nuisance” properties according to Code, thus keeping them on the list indefinitely or until they are off “nuisance” or “satellite” properties list. Again, as maintained by Code Enforcement since PD doesn’t determine an “illegal” fraternity. Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications 2 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Monday, November 4, 2024 12:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Scott, Rick <rscott@slocity.org>; Mickel, Fred <fmickel@slocity.org> Cc: Sandra Rowley < ; Carolyn Smith < ; Brett Cross < Subject: Fraternity parties and noise This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. It was a noisy weekend and I will send a report after the election. But I wanted to sum up the problem in this email. Problem 1 SLO Code Enforcement has met with Cal Poly Greek life administration and advised that fraternity operations are illegal in lower- density neighborhoods, including those near the campus. Despite knowing that fraternity-related events are not permitted in lower-density neighborhoods, Cal Poly administration continues to “approve” and “sanction” fraternity parties at documented fraternity houses in our neighborhood. This has changed the fabric of the City’s neighborhoods and made them unlivable to the average, reasonable person who wants and needs to have the quiet enjoyment of their property. Problem 2 SLO Code Enforcement has contacted property owners of many illegal fraternity houses in the City’s neighborhoods and told them that fraternity operations are against the law, and their property has held documented fraternity events. Despite receiving a notice of violation or advisory letter, the properties continue to host fraternity-related illegal events, including large fraternity parties. These investors are profiting from the rental income from a fraternity and have no stake in the ruination of the quality of life of those who live near their investment properties/fraternity houses, because they -the investors- live in quiet neighborhoods or on large estates. Some of the investors who own multiple properties with illegal fraternity houses and are not personally affected by noise: David Scarry, Sanjay Ganpule, Jerry Lenthall. Problem 3 Code Enforcement and SLOPD do not seem to be sharing information about documented illegal fraternity addresses. This has allowed fraternities to hold disruptive parties without accountability. I've included some party addresses at known fraternity houses from this weekend, below: 1. A legal fraternity is not allowed to register a party.  Documented illegal fraternity houses are registering parties with SLOPD to escape a response from SLOPD if someone calls dispatch about a noisy party. (e.g. Delta Sigma Phi at 1684/1688 Mill Street) 2. A legal fraternity requires a response from SLOPD, not SNAP.  SNAP officers are responding to documented illegal fraternity houses in our neighborhoods. (e.g. Sigma Phi Epsilon at 2090 Hays, Theta Chi at 2149 Santa Ynez, Theta Chi at 250 Grand, Phi Kappa Psi at 1276 Bond, Delta Sigma Phi at 1688 Mill, etc.) 3 3. A legal fraternity is not eligible for a Disturbance Advisement Card (DAC) but is issued a citation when a noise violation is found.  SNAP officers cannot issue citations. They are responding to documented fraternity locations and clearing parties with negative violations or, in some cases, issuing DACs when there are 100 or more people at a party. (e.g. Theta Chi at 1820 Hope Street had 150 people) 4. A legal fraternity is not allowed to clear its citation history through SLOPD’s Early Removal Program.  Property owners of documented illegal fraternity houses with multiple citations, costing the landlord and tenants thousands of dollars, have been allowed to clear their citation history to avoid the financial accountability of expensive noise citations through SLOPD’s “Early Removal Program” (e.g. Phi Sigma Kappa at 348 Hathway Avenue) I'm unsure if 1820 Hope also cleared their history but it was historically the main chapter house for Theta Chi, has a history of noisy parties and citations, but received a DAC this weekend with 150 people at the party. Solution Stop the illegal fraternity events in the city’s neighborhoods by holding Cal Poly and the investor property owners responsible. Obtain the addresses of all fraternity events in our neighborhoods during the last academic year and this academic year from Cal Poly and flag the properties in SLOPD’s system so they are accountable for their disruptive activities. I have already provided the address locations, including social media posts for fraternity rush events this academic year. Declare the properties a public nuisance if necessary, for continued fraternity operations that are making it impossible for residents to rest or sleep. Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. Illegal fraternity properties should not be eligible to register their parties through SLOPD. Also, Alpha Sigma Phi had an enormous party at 299 Albert on 10/31 that completely blocked the streets. The PD log shows the party as a traffic hazard and the party was not cited. I suggest it would be helpful for the city manager and council to view SLOPD video footage from their vehicles and body cams to better understand the disruption caused by fraternities in our neighborhood. Same goes for the Delta Upsilon party at 281 Albert on 11/1. Please watch video of the parties from SLOPD footage from vehicles and body cams. Thank you, Kathie 399 From:kathie walker < Sent:Friday, November 15, 2024 10:55 AM To:E-mail Council Website Subject:Fwd: Illegal Fraternities and Communication Between SLOPD & Code Enforcement I should have included Council in my message so am forwarding it now. Thank you. ---------- Forwarded message --------- From: kathie walker < Date: Fri, Nov 15, 2024 at 10:51 AM Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement To: Scott, Rick <rscott@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>, Mezzapesa, John <JMezzape@slocity.org>, McDonald, Whitney <WMcDonal@slocity.org> Thank you for the clarification, Chief Scott. Your email also states that SLOPD began flagging "known/nuisance" properties last spring and that was put in place last spring. So presumably, you have identified those addresses somehow. Would you please send me a list of the property addresses that SLOPD considered "known/nuisance" properties? Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Were you aware that SNAP officers do not want to respond to frats? The SNAP officer expressed this to me last night, and others have told Steve and I that last year. I have sent you correspondence about witnessing bullying and intimidation of SNAP officers by fraternity members, yet they continue to respond to large fraternity parties. Do you feel that is acceptable? If not, what have you done to correct it? To All: I'm not sure why there is a delay in coordination between Code Enforcement and SLOPD. The Planning Commission was mystified about why this was not happening. The report that identified illegal fraternities and Cal Poly's AB 524 report that identified illegal fraternity houses was provided to Community Development over a year ago. SLOPD has been aware of the nuisance properties and fraternity houses in our lower-density residential neighborhoods for years. I have been sending videos of enormous, disruptive parties to SLOPD that were cleared as Negative Violation or Unable to Locate since Fall 2021. Coordination between Code Enforcement and SLOPD should have happened long ago and should be a priority now. Thank you for your efforts. -Kathie 400 On Fri, Nov 15, 2024 at 10:30 AM Scott, Rick <rscott@slocity.org> wrote: BCC CC: Hi Kathie, I believe the statement you are attributing to me below in your email is not accurate. My last email to you is attached for reference and here is the excerpt from that email on your question specifically. I only agreed with you and stated we are working towards that process. SLOPD does not yet flag “illegal” fraternity houses. This is a new approach, and we are beginning an integrated process where all departments can work from a single list as validated by Code Enforcement, the police department does not evaluate zoning legalities. Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re -transmission, 401 dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; E-mail Council Website <emailcouncil@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. 402 There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. 403 There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. 404 Thank you, Kathie 411 From:Tway, Timothea (Timmi) Sent:Friday, November 15, 2024 10:50 AM To:Scott, Rick Subject:RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Sounds good we will try to find a time! Thanks! From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:47 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you very much. If we’re shooting for next week, it will have to be before Wednesday as Christine Wallace is leaving for vacation. R. Scott On Nov 15, 2024, at 10:39 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Got it and that makes sense – I will provide direction to Lala Thanks! t From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:37 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you, Rick From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 10:35 AM To: Scott, Rick <rscott@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement 412 Thank you, Chief! I am on the same page, and Lala is working with Tiffany for scheduling. I am also going to include Whitney and Christine D., as Whitney has previously mentioned wanting a meeting on this… Thank you for responding to Kathie, Have a great weekend, Timmi From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:33 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: FW: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi Team, I would like to have a meeting about this at our earliest convenience. Tiff will be working with you and around your already hectic schedules. Thank you, Rick From: kathie walker < To: Scott, <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. 413 Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re- confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of 414 calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance for future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. Thank you, Kathie 419 From:Tway, Timothea (Timmi) Sent:Friday, November 15, 2024 10:47 AM To:Stowe, Lala Subject:RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Lets talk at 11…the first meeting has different people in it, so those times might not work for the first group, thanks! From: Stowe, Lala <lstowe@slocity.org> Sent: Friday, November 15, 2024 10:45 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Re: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Okay, the Admins have 3 dates we're looking at, so maybe we can just book 2 of those times. Lala Stowe pronouns she/her/hers Supervising Administrative Assistant Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E lstowe@slocity.org T 805.783.7870 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 10:40 AM To: Stowe, Lala <lstowe@slocity.org> Subject: FW: Illegal Fraternities and Communication Between SLOPD & Code Enforcement We can talk, but looks like Chief wants an internal meeting first, with the people below before an expanded meeting with Christine/whitney. Which makes sense. Thanks, T From: Tway, Timothea (Timmi) Sent: Friday, November 15, 2024 10:40 AM To: Scott, Rick <rscott@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Got it and that makes sense – 20 I will provide direction to Lala Thanks! t From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:37 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 10:35 AM To: Scott, Rick <rscott@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: RE: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Thank you, Chief! I am on the same page, and Lala is working with Tiffany for scheduling. I am also going to include Whitney and Christine D., as Whitney has previously mentioned wanting a meeting on this… Thank you for responding to Kathie, Have a great weekend, Timmi From: Scott, Rick <rscott@slocity.org> Sent: Friday, November 15, 2024 10:33 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Hopkins, Tiffany <thopkins@slocity.org> Subject: FW: Illegal Fraternities and Communication Between SLOPD & Code Enforcement Hi Team, I would like to have a meeting about this at our earliest convenience. Tiff will be working with you and around your already hectic schedules. Thank you, Rick 421 From: kathie walker < Sent: Friday, November 15, 2024 9:55 AM To: Scott, <WMcDonal@slocity.org> Subject: Illegal Fraternities and Communication Between SLOPD & Code Enforcement This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Leaders, Unfortunately, we were surrounded by noisy fraternity parties and loud people passing by our house to and from parties last night and it was only Thursday, so it seems this weekend is going to be rough. It is so disappointing and I am angry that we can't live a normal life because of the huge number of illegal fraternities in our neighborhood and their party guests that negatively impact us almost every weekend. Recent correspondence from SLOPD Chief Rick Scott indicated that SLOPD is flagging illegal fraternity houses that are communicated to them by Code Enforcement. Please send me a list of the addresses provided by Community Development to SLOPD as of today, 11/15/2024. Let me know if I need to file a formal request per the CPRA. Otherwise, if this request is sufficient, please forward the addresses to me as soon as you can, within 10 days. The property at 299 Albert Drive had a VERY large, loud party on 11/14/2024. This property is an illegal fraternity Alpha Sigma Pi and received a Notice of Violation (NOV) for illegal fraternity operations on 3/5/2024. A screenshot is below. The owner of this property, Sanjay Ganpule a.k.a. Fredericks LLC and SLOCA LLC, also owns the house next door to us which was an illegal fraternity house two years ago, and owns another illegal fraternity at 1700 Fredericks Street that was issued an NOV. Despite the NOV for 299 Albert Drive, SNAP was dispatched to the party and issued a DAC, which has no fine and essentially zero consequence for the illegal fraternity. 422 There was another equally large and loud party at 1646 Fredericks Street, an illegal fraternity house for Zeta Beta Tau. It was a Christmas-themed party, with sorority members dressed in tiny red shorts and halters wearing Santa hats, and a large tent in the backyard with red and green lights blaring music. Cal Poly registered and approved this party to be held in an R-1 residential neighborhood, even though Cal Poly has been notified by Code Enforcement that it is illegal for fraternities to hold events in R-1 and R-2 neighborhoods. This property aslo held a rush recruitment event on 10/6/2024 and I was notified by Code Enforcement that the property received a Notice of Violation for illegal fraternity operations for that event. I was not provided a copy of the NOV so am unsure of the date it was issued. Did Code Enforcement communicate these addresses to SLOPD? I was able to speak with the SNAP officers at 299 Albert Drive. I told them the property was a documented fraternity house and it was my understanding, based on communication from the Police Chief, that SLOPD officers would respond to fraternities, including illegal fraternities. The SNAP officers had not heard anything about SLOPD's plan and one of them said it would be great if they didn't have to respond to fraternities. He asked me to contact the Police Chief to re-confirm the plan because (his words) "We don't want to respond to frats." The fraternity guys did not turn down the music or stop the party, even though SNAP officers were there. There is no parity when SNAP officers respond to a large fraternity party and it is unfair to the SNAP officers. I remember when the SNAP program was started and it was not set up for these sorts of calls. It was meant to be a peer-to-peer situation. I have previously communicated with SLOPD leadership that Steve and I witnessed SNAP officers being bullied and berated by some fraternity guys on Albert Drive during Halloweekend 2023. I have also communicated that we have witnessed SNAP walk away from large, loud fraternity parties and clear them as Negative Violations, including 290 Chaplin Lane and 1350 Stafford Street. It was obvious that SNAP was 423 intimidated and uncomfortable citing a large group of fraternity guys. I am unsure why SNAP is still being dispatched to fraternity parties and it should stop. On 11/13/2024, the Planning Commission held a hearing for the re-review of Alpha Epsilon Pi's CUP. I was in support of the CUP and felt the new conditions were fair. However, after hearing testimony and considering the impact of fraternities in our neighborhood on the residents, the Planning Commission expressed deep concern about several aspects of fraternity operations in our neighborhoods and two of six Commissioners voted to deny the CUP. Several of the Commissioners said that there is zero tolerance fo r future violations of the CUP and they will have no problem revoking the CUP if the fraternity has a single violation that constitutes a public nuisance, such as a noise citation. They specifically verified with the city attorney that a noise citation constitutes a public nuisance because a condition of the CUP states it can be revoked if there is a single incident that constitutes a public nuisance. If you have not seen the hearing, I suggest you watch it. Here is a link. All six Commissioners told Deputy Director Tyler Corey that the fraternity problem needs to be solved. Some directions were (1) make sure there is communication between Code Enforcement and SLOPD so every noise call or code enforcement violation to a fraternity, including illegal fraternities, is communicated between the departments; (2) possibly developing a group such as a task force including Cal Poly, the City, residents of the neighborhood, and the Interfraternity Council to ensure the fraternities are not operating illegally, and relocating fraternities to a Greek Row on Cal Poly's campus, etc.; (3) fund a program or staff for enforcement of illegal fraternities and fraternity operations, including CUPs, and looking at the greater adverse impacts of Cal Poly overall, including its increased enrollment and impact on housing. There will be more discussion about the funding of this as a major city goal during the next Planning Commission meeting on 12/11/2024. The Commission said that Cal Poly has escaped accountability for too long and it's time for them to step up and take ownership of their negative impacts. The tide is finally beginning to turn. For now, I want to dig deeper into the communication between Code Enforcement and SLOPD, and SLOPD's response to illegal fraternities in our neighborhoods. We have been dealing with this since the Fall of 2021 when there was a palpable shift with a significant increase in fraternities and disruptions in our neighborhood. I began sending videos to SLOPD because huge parties were being cleared as Negative Violation or Unable to Locate. Spring 2022 brought the reemergence of St. Fratty's Day with 2,000 people and it exponentially ballooned to 7,000 attendees in 2024. There are many, many illegal fraternity houses operating as full-fledged fraternities, holding events sanctioned by Cal Poly in our neighborhoods. Let's get the fraternity problem solved. Thank you, Kathie 441 From:Dittenber, Sadie <sdittenber@mcclatchyservices.com> Sent:Friday, November 15, 2024 10:36 AM To:Tway, Timothea (Timmi) Subject:Re: Discussion on Zoning Regulations This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timothea, Thanks for getting back to me! I'm happy to meet with you on Thursday the 21 at 2 p.m. Let me know the best place to meet you. Thanks so much! Sadie On Thu, Nov 14, 2024 at 6:55 PM Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Hi Sadie, I received an email that you are interested in discussing planning/zoning regulations for fraternities/sororities. I am happy to set up a time to discuss. Unfortunately, I do not have availability under late next week or early the week after, I hope this works for you. I could discuss/meet on Thursday November 21 at 2 pm or Friday the 22nd at 9 or 10. Please let me know if either of those times work, Thanks, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 442 From:Zion, Sarah Sent:Friday, November 15, 2024 10:36 AM To:Karpovich, Michelle; Tway, Timothea (Timmi); Stowe, Lala; Hopkins, Tiffany Subject:RE: Meeting scheduling needed Hello all, Here’s what Christine can do: 11/20: 1-2 or 4-5 11/22: anytime after 2 11/26: 1-2 or 3-5 Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 From: Karpovich, Michelle <mkarpovi@slocity.org> Sent: Friday, November 15, 2024 10:20 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Zion, Sarah <SZion@slocity.org>; Stowe, Lala <lstowe@slocity.org>; Hopkins, Tiffany <thopkins@slocity.org> Subject: RE: Meeting scheduling needed Hi all, Whitney can do: 11/20 anytime after 1pm (I can move her conflicts) 11/22 anytime after 2pm 11/26 anytime before 1pm Hopefully one of these will work! Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications 443 From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, November 15, 2024 10:08 AM To: Zion, Sarah <SZion@slocity.org>; Karpovich, Michelle <mkarpovi@slocity.org>; Stowe, Lala <lstowe@slocity.org> Subject: Meeting scheduling needed Hi Team, Whitney has asked for a meeting between the following folks regarding fraternities: - Whitney - Timmi - Chief Scott - John Mezzapesa - Christine Wallace - Christinne Dietrich This meeting should be an hour or hour and a half as soon as we can accommodate it. I know this one may be a little difficult given who is involved and scheduling, but if you can find a time that would be wonderful, thank you! Thanks! Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 463 From:Tway, Timothea (Timmi) Sent:Thursday, November 14, 2024 6:55 PM To:sdittenber@mcclatchyservices.com Subject:Discussion on Zoning Regulations Hi Sadie, I received an email that you are interested in discussing planning/zoning regulations for fraternities/sororities. I am happy to set up a time to discuss. Unfortunately, I do not have availability under late next week or early the week after, I hope this works for you. I could discuss/meet on Thursday November 21 at 2 pm or Friday the 22 nd at 9 or 10. Please let me know if either of those times work, Thanks, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 524 City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: Wallace, Christine <cwallace@slocity.org> Sent: Thursday, November 14, 2024 11:31 AM To: Wooten, Eric <ewooten@slocity.org>; Armas, Sara <SArmas@slocity.org> Cc: Amoroso, Brian <bamoroso@slocity.org>; Mickel, Fred <fmickel@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current You got it, thanks Eric. From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 11:30 AM To: Wallace, Christine <cwallace@slocity.org>; Armas, Sara <SArmas@slocity.org> Cc: Amoroso, Brian <bamoroso@slocity.org>; Mickel, Fred <fmickel@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Sara: Can you make a responsive document folder and send the link out to all the folks on the earlier email so they have a place to drop files? Wallace – just let me know the status of your search when you leave. Thanks! 뇤눎눐눑눒눏 From: Wallace, Christine <cwallace@slocity.org> Sent: Thursday, November 14, 2024 11:27 AM To: Wooten, Eric <ewooten@slocity.org> Cc: Amoroso, Brian <bamoroso@slocity.org>; Mickel, Fred <fmickel@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Hi Eric, Here’s my deal: I’m leaving town next Wednesday and won’t be back until December 2 nd. I will start pulling address history reports for all the lettered and satellite fraternity and sorority houses and get as many of those to you that I can before I leave. Is there a SharePoint folder I can drop them in to, or would you prefer them emailed to you? They’ll all be .pdfs. Wallace (I go by Wallace to not get confused with Dietrick 뇤눎눐눑눒눏) From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 10:06 AM To: Armas, Sara <SArmas@slocity.org>; Stowe, Lala <lstowe@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Amoroso, Brian <bamoroso@slocity.org>; Wallace, Christine <cwallace@slocity.org> 525 Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current We just spoke to the reporter. For non-email records, the request should continue to be processed as laid-out in the PRR attached. At Christine’s request, I am also adding-in John Mezzapesa so he is aware and PD, since they are front line in dealing with these complaints. Please let me know if you have any questions. Thank you! From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 9:44 AM To: Armas, Sara <SArmas@slocity.org>; Stowe, Lala <lstowe@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Thank you, Sara! I’ve started the email search. There are over 80 gigabytes of emails that are potentially responsive to this request. It will take some time to go through them all. I imagine a large portion of those are duplicates and some non-responsive emails, but it will take time to sort all that out. Christine will be contacting the reporter to see if there are any priority documents/communications that we should be looking for first, before completing the remainder of the request. Once I hear back, I will let you know. In the meantime, please plow forward with the request as outlined. I’ll also update you once Purview has a count on the number of raw emails – I don’t expect that until at least this afternoon. From: Armas, Sara <SArmas@slocity.org> Sent: Thursday, November 14, 2024 8:33 AM To: Stowe, Lala <lstowe@slocity.org>; Wooten, Eric <ewooten@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Hello everyone, Attached is a Public Records request from Sadie Dittenber for communications and documents regarding fraternities from January 2022 to today, due by 11/24/2024. Note that the City Attorney’s office will conduct the search for emailed communications as opposed to staff. If you are not able to meet that deadline, please advise. Otherwise, please send the requested responsive documents to cityclerk@slocity.org. Thanks! Sara Armas pronouns she/her/hers Deputy City Clerk I 526 City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 523 From:Wooten, Eric Sent:Thursday, November 14, 2024 11:43 AM To:Armas, Sara Subject:RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current You’re the best – thanks! From: Armas, Sara <SArmas@slocity.org> Sent: Thursday, November 14, 2024 11:41 AM To: Wooten, Eric <ewooten@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Done! 뇤눎눐눑눒눏 Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 11:36 AM To: Armas, Sara <SArmas@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Thank you! Can you send it out to the larger group as well? From: Armas, Sara <SArmas@slocity.org> Sent: Thursday, November 14, 2024 11:35 AM To: Wallace, Christine <cwallace@slocity.org>; Wooten, Eric <ewooten@slocity.org> Cc: Amoroso, Brian <bamoroso@slocity.org>; Mickel, Fred <fmickel@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Done! Located in the City Clerk Sharepoint in CityClerk Documents/Public Records Requests/2024 Records Requests Responsive Documents. Here’s the link to the newly created folder: PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Sara Armas pronouns she/her/hers Deputy City Clerk I 552 From:Wallace, Christine Sent:Thursday, November 14, 2024 11:16 AM To:Dietrick, Christine; Wooten, Eric Subject:RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Okey dokey, thank you. CW From: Dietrick, Christine Sent: Thursday, November 14, 2024 10:51 AM To: Wallace, Christine ; Wooten, Eric Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current I believe it’s every complaint, whether or not a citation was issued. We reached out to the reporter and she is very reasonable and understands that the current scope will take A LOT of time and resource and she’s willing to work with us to focus the request and/or accommodate resource constraints, so just keep in touch on what you need and we can work with her. Christine Dietrick pronouns she/her/hers City Attorney City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E cdietrick@slocity.org T 805.781.7140 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Wallace, Christine <cwallace@slocity.org> Sent: Thursday, November 14, 2024 10:28 AM 553 To: Wooten, Eric <ewooten@slocity.org> Cc: Dietrick, Christine <cdietric@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Hi Eric, By “complaints”, would that include noise complaints that result in citations? I don’t have knowledge of every satellite house in town but we’ve got boatloads of noise and unruly gathering citations to lettered houses and known satellite houses. Thanks, Wallace From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 10:06 AM To: Armas, Sara <SArmas@slocity.org>; Stowe, Lala <lstowe@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Amoroso, Brian <bamoroso@slocity.org>; Wallace, Christine <cwallace@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current We just spoke to the reporter. For non-email records, the request should continue to be processed as laid-out in the PRR attached. At Christine’s request, I am also adding-in John Mezzapesa so he is aware and PD, since they are front line in dealing with these complaints. Please let me know if you have any questions. Thank you! From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 9:44 AM To: Armas, Sara <SArmas@slocity.org>; Stowe, Lala <lstowe@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Thank you, Sara! I’ve started the email search. There are over 80 gigabytes of emails that are potentially responsive to this request. It will take some time to go through them all. I imagine a large portion of those are duplicates and some non-responsive emails, but it will take time to sort all that out. Christine will be contacting the reporter to see if there are any priority documents/communications that we should be looking for first, before completing the remainder of the request. Once I hear back, I will let you know. In the meantime, please plow forward with the request as outlined. I’ll also update you once Purview has a count on the number of raw emails – I don’t expect that until at least this afternoon. From: Armas, Sara <SArmas@slocity.org> Sent: Thursday, November 14, 2024 8:33 AM To: Stowe, Lala <lstowe@slocity.org>; Wooten, Eric <ewooten@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly 554 <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Hello everyone, Attached is a Public Records request from Sadie Dittenber for communications and documents regarding fraternities from January 2022 to today, due by 11/24/2024. Note that the City Attorney’s office will conduct the search for emailed communications as opposed to staff. If you are not able to meet that deadline, please advise. Otherwise, please send the requested responsive documents to cityclerk@slocity.org. Thanks! Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 563 From:Wallace, Christine Sent:Thursday, November 14, 2024 10:46 AM To:Hayley Townley Subject:RE: 280 California Hi Hayley, I know it’s frustrating. It’s unfortunate that the fraternity is only motivated by potential consequences but I’m glad that seems to be working. I’m glad to know the property is the cleanest it’s been! Fingers crossed it continues. CW From: Hayley Townley < Sent: Thursday, November 14, 2024 10:14 AM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 280 California I need to complain a bit and now you have to listen. Last night, they approved the Fraternity use permit 4-2. Two voted to revoke (with limited knowledge). The staff report included “some noise violations”, but they did not include the number of them in the last twelve months, how many unruly gatherings, or anything. I had to keep from shouting from the audience. So I woke up annoyed thinking that if they had collected all of the information prior to this, we would be sitting pretty with me being able to make that property adorable. That being said, I did visit the frat house yesterday, and it was the cleanest I have ever seen it with tenants living there, and they were actually nice and respectful. They didn’t even put the stripper pole back up. So there is that. Here’s hoping it will continue. On Nov 13, 2024, at 1:35 PM, Wallace, Christine <cwallace@slocity.org> wrote: LOL oh Hayley, you are my FAVORITE. 뇤눎눐눑눒눏 From: Hayley Townley < Sent: Wednesday, November 13, 2024 1:35 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 280 California Anybody can be on good behavior for 6 months. So over these tenants. Thanks. On Nov 13, 2024, at 1:19 PM, Wallace, Christine <cwallace@slocity.org> wrote: 564 HI Hayley, I think it’s Planning Commission, not Council. They have not had any complaints; I think being put on notice has motivated behaviors. I provided the planner, Hannah Hahn, address history reports and some of my opinions 뇤눎눐눑눒눏 but looking at the staff report, it looks like the recommendation is to modify the CUP and not revoke it. We were not invited to speak tonight and as such, it’s not appropriate for us to attend. If it makes it to Council on an appeal, then Planning will invite us. CW From: Hayley Townley < Sent: Wednesday, November 13, 2024 11:40 AM To: Wallace, Christine <cwallace@slocity.org> Subject: 280 California This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Heya! The Use Permit at 280 California is coming up in front of City Council tonight. Have they had any parties or warnings or complaints? Also - anybody from you guys going to come talk? I don’t think I’m going to stand up cuz I’m on your side, not theirs. HAHJAHAHA Hayley Townley Broker®/Owner COMET REALTY Friendly. Professional. Local. | t. 805-546-9925 | f. 805-546-9905 1110 California Blvd. Suite #C, San Luis Obispo, CA 93401 Hayley@CometRealty.com DRE #01042135 “We are not your ordinary real estate company.” 1 From:Armas, Sara Sent:Thursday, November 14, 2024 9:52 AM To:Wooten, Eric Cc:Colunga-Lopez, Andrea Subject:RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Sounds good! I’m switching my flex to that Mondayday as I’ll be working the Friday before, cc’ing Andrea so she’s aware and can update the requestor in my absence if need be! 뇤눎눐눑눒눏 Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: Wooten, Eric <ewooten@slocity.org> Sent: Thursday, November 14, 2024 9:49 AM To: Armas, Sara <SArmas@slocity.org> Subject: RE: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Oh, I have put the my internal initial due date as 11/25, as 11/24 lies on a Sunday. From: Armas, Sara <SArmas@slocity.org> Sent: Thursday, November 14, 2024 8:33 AM To: Stowe, Lala <lstowe@slocity.org>; Wooten, Eric <ewooten@slocity.org> Cc: Curry, Krista <kcurry@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Holcomb, Kelly <kholcomb@slocity.org>; City_Attorney <City_Attorney@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Hello everyone, Attached is a Public Records request from Sadie Dittenber for communications and documents regarding fraternities from January 2022 to today, due by 11/24/2024. Note that the City Attorney’s office will conduct the search for emailed communications as opposed to staff. If you are not able to meet that deadline, please advise. Otherwise, please send the requested responsive documents to cityclerk@slocity.org. Thanks! Sara Armas pronouns she/her/hers Deputy City Clerk I 2 City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 7 From:Tway, Timothea (Timmi) Sent:Thursday, November 14, 2024 8:50 AM To:Szentesi, Whit; McDonald, Whitney Cc:Kersten, Markie; Corey, Tyler; Hanh, Hannah; Wilbanks, Megan Subject:Fwd: Fraternities Inquiry & Public Records Request - The Tribune Attachments:Public Records Request FYI I can schedule a time with the reporter and explain land use and zoning regulations, however, it will not be until next week. Whit/Whitney, let me know if you have concerns, etc. otherwise I will reach out, Thanks, Timmi From: Wilbanks, Megan <mwilbanks@slocity.org> Sent: Thursday, November 14, 2024 8:11:22 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Cc: CityClerk <CityClerk@slocity.org>; Kersten, Markie <mkersten@slocity.org> Subject: FW: Fraternities Inquiry & Public Records Request - The Tribune Good Morning, We received the below request for an interview with the Tribune regarding Fraternities. As a heads up, Ms. Dittenber also submitted the attached Public Records Request. Please follow up with her as you see fit. Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications From: Dittenber, Sadie <sdittenber@mcclatchyservices.com> Sent: Wednesday, November 13, 2024 7:48 PM To: CityClerk <CityClerk@slocity.org> Subject: Fraternities Inquiry - The Tribune 8 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Good evening, I am a reporter with The Tribune, and I was wondering if it would be possible to set up a meeting with someone within the city who would be able to help me better understand the planning and zoning regulations related to Cal Poly Greek Life, particularly fraternities. Please let me know if this is possible, or if there is someone else I should reach out to, at your earliest convenience. Thank you for your assistance, and I hope you're having a wonderful evening! Best, -- Sadie Dittenber she/her Education Reporter P 208.249.4941 E sdittenber@thetribunenews.com W sanluisobispo.com 1 From:Dittenber, Sadie <sdittenber@mcclatchyservices.com> Sent:Wednesday, November 13, 2024 7:11 PM To:CityClerk Subject:Public Records Request Attachments:PRA_SLO20241113.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Good evening, I am a reporter with the SLO Tribune, and attached is a public records request for your review. Please let me know if you have any questions. I can be reached at this email or via phone at 208-249-4941. Thank you! Best, -- To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Sadie Dittenber she/her Education Reporter P 208.249.4941 E sdittenber@thetribunenews.com W sanluisobispo.com Updated 05/2023 City of San Luis Obispo Request for Public Records The California Public Records Act (Government Code 7921. et set.) was enacted to ensure public records are available for inspection by members of the public. Completion of this form will assist staff in identifying related records to accurately complete your request. Requested records will be distributed to the email address that is listed on this form, unless directed otherwise by City staff. Requests for printed records will require payment subject to the City’s Comprehensive Fee Schedule. Payment must be rendered prior to production of printed materials. Name: _______________________________________________ Date: ______________________ Last First Address: ________________________________________________________________________ Street & Unit # City State Zip Email: _____________________________________________ Phone: _______________________ Release Forms Requests for certain public records legally require release forms to be submitted for records to be distributed to the requestor. To help expedite your request, please read below and ensure additional information is submitted along with this public records request form. •Personal health information Records containing personal health information require a HIP AA Release Form. Examples include fire incident reports, worker’s compensation claims, etc. o HIPAA Release Form •Printed residential and/or commercial building plans The Public Records Act does not allow the release of printed copies of this material without the permission of the architect/engineer copyright owner. The public records requestor is responsible for obtaining said authorization by completing all three release forms listed below. You may call the Community Development Department at (805) 781 - 7170 to find out the name of the copyright owner. In-person viewing of plans do not require release forms. o Copies of Plans Affidavit o Plan Request Architect/Engineer Authorization o Plan Request Owner Authorization Continued YOUR REQUEST WILL BE PROCESSED IN COMPLIANCE WITH THE PUBLIC RECORDS ACT (PRA). California Government Code Section 7921. An Agency shall notify the requestor within 10 days from receipt of request with a Determination which states if the Agency is in possession, in whole or in part, of the requested documents, and possible lega l exemptions which prohibit the release of non-disclosable documents, as outlined per the PRA. In some instances, an Agency may require an extension of up to 14 days to provide a Determination, as authorized by the PRA. A notice will be provided to the requestor setting forth the reasons for the extension and the date on which a Determination is expected to be supplied. Record Information: List the records you are requesting. Specify relevant information such as: subject, title, incident number, location/address, person(s) involved, project name, etc. Date and Time: Specify the incident date or date and time range of the requested records Questions may be directed to the City Clerk’s Office at (805) 781-7100. Submit Completed Forms To: cityclerk@slocity.org OR City Clerk’s Office 990 Palm Street San Luis Obispo, CA 93401 9 From:Armas, Sara Sent:Thursday, November 14, 2024 8:33 AM To:sdittenber@mcclatchyservices.com Cc:CityClerk Subject:Records Request Acknowledgement – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to current Attachments:PRR24328 Dittenber - Records Regarding Fraternities Jan 2022 to Current.pdf Sadie Dittenber, The City is in receipt of your public records request as of November 14, 2024, and will begin searching for responsive documents. If you have any questions in the meantime, feel free to contact me. Thank you. Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 10 From:Armas, Sara Sent:Thursday, November 14, 2024 8:33 AM To:Stowe, Lala; Wooten, Eric Cc:Curry, Krista; Tway, Timothea (Timmi); Holcomb, Kelly; City_Attorney; CityClerk Subject:Public Records Request – PRR24328 Dittenber - Records Regarding Fraternities January 2022 to Current Attachments:PRR24328 Dittenber - Records Regarding Fraternities Jan 2022 to Current.pdf; 01 Public Records Request.msg Hello everyone, Attached is a Public Records request from Sadie Dittenber for communications and documents regarding fraternities from January 2022 to today, due by 11/24/2024. Note that the City Attorney’s office will conduct the search for emailed communications as opposed to staff. If you are not able to meet that deadline, please advise. Otherwise, please send the requested responsive documents to cityclerk@slocity.org. Thanks! Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 13 From:CityClerk Sent:Thursday, November 14, 2024 8:30 AM To:kathie walker Cc:Tway, Timothea (Timmi); Scott, Rick Subject:cc Walker - Walker Report: SLOPD Noise Calls 11/6 - 11/11/2024 Attachments:SLOPD Noise Calls to Fraternity Houses 11.6-11.11.2024.pdf BCC: Council All Kathie Walker, Thank you for providing your comments to City Council, they were provided directly to them. By copy on this note, Director of Community Development Timmi Tway and Police Chief Rick Scott are being made aware. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Wednesday, November 13, 2024 4:35 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Walker Report: SLOPD Noise Calls 11/6 - 11/11/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello Councilmembers, Something is happening and I'm not sure what it is. There were two calls at fraternities on Wednesday (which is unusual because usually parties are Thursday - Sunday). And this past weekend was quiet, which is amazing. There was one fraternity party on Hathway. It was cited with 60 people. And someone reported a party at a fraternity on Bond on Sunday afternoon. There were no parades of people walking through our neighborhood screaming. We got some quality sleep and it almost felt like we were on vacation. The SLOPD log shows some noise calls in the lower Monterey Heights neighborhood that could possibly be related to fraternities and I've noted those on the report, attached. This is the first weekend since the fall of 2021 that we have not had noisy parties surrounding us all weekend and college students screaming as they pass by late at night (except when Cal Poly is not in session during summer and winter breaks, which we live for.) Something must be happening related to Cal Poly's fraternity operations because the difference between this weekend and others during the academic year was stark. Are you aware of anything that you can share? 14 Thank you for your efforts toward solving the fraternity issue. Sincerely, Kathie Date Received Address (main house in bold) Zone Fraternity Cleared Call Comments Wed 11/06/2024 12:14 am 132 California Blvd R-4 Alpha Gamma Rho Citation Loud music and bonfire in parking lot Wed 11/06/2024 11:07 pm 278 Albert Dr1 R-1 Lambda Chi Alpha No Report RP lives next door to a frat, occupants in backyard, RP thinks they… Fri 11/08/2024 09:30 pm 274 Hathway Ave R-1 Theta Chi Citation 60 ppl Loud party, loud music, singing in backyard Sun 11/10/2024 03:31 pm 1254 Bond St R-1 Phi Gamma Delta Neg Violation Music Noise calls in the vicinity of documented fraternity houses but address not specified: Thu 11/07/2024 11:53 am Foothill & Crandall R-4 Sigma Nu Neg Violation Loud music Thu 11/07/2024 08:54 pm Hope R-1 Phi Kappa Psi* Unable to Locate Loud Subjs/music – Last house on rt or could be on Loomis* *Phi Sigma Kappa (a.k.a. “the pool house”) is near the end of Hope on the right and has a deep lot that backs to Loomis 1 “Welfare Check” per SLOPD dispatch log 18 From:Shoresman, Michelle Sent:Wednesday, November 13, 2024 7:59 PM To:kathie walker Subject:RE: Walker Report: SLOPD Noise Calls 11/6 - 11/11/2024 Thanks for the report Kathie. Curious to hear if PD or Cal Poly have noted anything. Thanks again. From: kathie walker < Sent: Wednesday, November 13, 2024 4:35 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Walker Report: SLOPD Noise Calls 11/6 - 11/11/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello Councilmembers, Something is happening and I'm not sure what it is. There were two calls at fraternities on Wednesday (which is unusual because usually parties are Thursday - Sunday). And this past weekend was quiet, which is amazing. There was one fraternity party on Hathway. It was cited with 60 people. And someone reported a party at a fraternity on Bond on Sunday afternoon. There were no parades of people walking through our neighborhood screaming. We got some quality sleep and it almost felt like we were on vacation. The SLOPD log shows some noise calls in the lower Monterey Heights neighborhood that could possibly be related to fraternities and I've noted those on the report, attached. This is the first weekend since the fall of 2021 that we have not had noisy parties surrounding us all weekend and college students screaming as they pass by late at night (except when Cal Poly is not in session during summer and winter breaks, which we live for.) Something must be happening related to Cal Poly's fraternity operations because the difference between this weekend and others during the academic year was stark. Are you aware of anything that you can share? Thank you for your efforts toward solving the fraternity issue. Sincerely, Kathie 24 From:Wallace, Christine Sent:Wednesday, November 13, 2024 1:10 PM To:Elizabeth Aiello-Coppola Subject:RE: 1661 McCollum Sweet, thanks so much! CW From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Wednesday, November 13, 2024 12:50 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 1661 McCollum This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Christine, It is not! Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Wallace, Christine <cwallace@slocity.org> Date: Wednesday, November 13, 2024 at 9:35  AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: 1661 McCollum Hi Elizabeth, Is 1661 McCollum still a satellite house? I got a party reg application for the property. Thanks! Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 25 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 26 From:Stewart, Erica A Sent:Wednesday, November 13, 2024 12:54 PM To:Jason Mockford; Courtney Leigh Kienow Subject:Fw: cc Walker - Report: Calls to SLOPD at fraternities 10/31 - 11/2/2024 Attachments:10.31 to 11.2.2024 SLOPD calls to fraternities.pdf Erica A. Stewart pronouns she/her/hers Mayor Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 estewart@slocity.org 805.540.1154 slocity.org Stay connected with the City by signing up for e-notifications The best way to report general issues within City limits or to request City services during this time is via Ask SLO, www.slocity.org/Ask. From: CityClerk <CityClerk@slocity.org> Sent: Thursday, November 7, 2024 3:40:31 PM To: kathie walker < Cc: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Subject: cc Walker - Report: Calls to SLOPD at fraternities 10/31 - 11/2/2024 BCC: Council All Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and Rick Scott, Chief of Police who is responsible for responding is copied on this email. Chief Scott or a member of his staff will be following up with you within two business days. City Clerk’s Office City Administration 27 City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Thursday, November 7, 2024 2:16 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Report: Calls to SLOPD at fraternities 10/31 - 11/2/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were 18 calls for assistance from SLOPD over the past weekend 10/31 - 11/2/2024 at documented fraternity houses. Of all calls, Sigma Nu at 1304 Foothill is the only permitted fraternity. Kappa Chi fraternity had two calls for large parties but is unrecognized by Cal Poly. There was an enormous party at 299 Albert Drive on 10/31 which is an illegal satellite house for Alpha Sigma Phi and has previously received a Notice of Violation from the city for illegal fraternity operations. The PD dispatch log shows a traffic hazard at that address and does not cite the noisy party. I am unsure why the obvious party was not cited as an unruly gathering for causing the streets to be blocked by their guests. I hope you were able to view SLOPD video footage to see for yourselves how disruptive this party was to the neighborhood. There was a call for an assault at 658 Graves Ave on 11/2, the unpermitted main chapter house for Zeta Beta Tau. A social media post said a young woman was slapped by a fraternity member but I do not have verification of that claim. Otherwise, all other calls are for noisy parties. I have attached the report. Thank you, Kathie Walker Date Received Address (main house in bold) Zone Fraternity Clearance Code Call Comments 10/31/2024 10:36 pm 299 Albert Drive1 R-1 Alpha Sigma Phi No Report 80-100 HBD (intox) subjs in street… 10/31/2024 10:43 pm 1688 Mill St2 R-2 Delta Sigma Phi DAC Loud music 11/01/2024 08:49 pm 844 Upham R-2 Kappa Chi (unaffiliated) Citation 100 ppl Loud music and people 11/01/2024 09:11 pm 2090 Hays R-1 Sigma Phi Epsilon Negative Violation Loud music 11/01/2024 09:52 pm 1304 Foothill Blvd R-4 Sigma Nu Citation 100 ppl Loud people and music 11/01/2024 10:16 pm 348 Hathway R-2 Phi Sigma Kappa Citation 100 ppl Loud music and people 11/01/2024 10:24 pm 281 Albert Drive R-1 Delta Upsilon Citation 50 ppl Loud party at loc 11/01/2024 10:47 pm 1304 Foothill Blvd R-4 Sigma Nu (Blank) 3 Loud music and people 11/01/2024 10:49 pm 250 Grand Ave4 R-1 Theta Chi Negative Violation Loud party at loc 11/01/2024 10:49 pm 250 Grand Ave R-1 Theta Chi Call Cancelled Loud people 11/01/2024 10:50 pm 1276 Bond R-1 Phi Kappa Psi Negative Violation Loud music and people in backyard 11/01/2024 10:54 pm 1218 Bond R-1 Alpha Sigma Phi Negative Violation Loud Party 11/01/2024 10:54 pm 2090 Hays R-1 Sigma Phi Epsilon Negative Violation Loud music 11/02/2024 09:20 pm 2148 Santa Ynez R-1 Theta Chi Negative Violation Loud music and people 11/02/2024 09:41 pm 1820 Hope St5 R-1 Theta Chi DAC 150 ppl Loud party 11/02/2024 10:49 pm 658 Graves6 R-4 Zeta Beta Tau Report Approved RP 1021 11/02/2024 11:28 pm 1684 Mill St R-2 Delta Sigma Phi “Registered Party” Loud music and people Noise calls in the vicinity of documented fraternity houses but address not specified: 11/01/2024 09:42 pm 1900 Blk Chorro* R-2 Kappa Chi (unaffiliated) No Report Lg party several hundred ppl in street *Kappa Chi fraternity is on the corner of Upham and the 1900 block of Chorro 1 There was a party at 299 Albert but PD log shows call for “Traffic Hazard” with people blocking the street in front of the address. Unsure why the party was not cited as an unruly gathering as it was evident there was a large party there and it caused the street to be blocked. 2 Delta Sigma Phi’s main fraternity house is at 1684/1688 Mill Street which is the same APN. 3 “Description: incid#=241101131 Reassigned to call 1701, completed call 1681” 4 248/250 Grand Ave is an illegal satellite house for Theta Chi. There was a documented rush event on 10/4/2024 at this location. 5 1820 Hope was main chapter house for Theta Chi in 2022-2023 and seems to be main chapter house this year (2024-2025) per their Instagram posts. 6 PD log shows call for “Assault” at 658 Graves, Zeta Beta Tau. 28 From:Stewart, Erica A Sent:Wednesday, November 13, 2024 12:41 PM To:Courtney Leigh Kienow Subject:Fw: Fraternity parties and noise Erica A. Stewart pronouns she/her/hers Mayor Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 estewart@slocity.org 805.540.1154 slocity.org Stay connected with the City by signing up for e-notifications The best way to report general issues within City limits or to request City services during this time is via Ask SLO, www.slocity.org/Ask. From: Scott, Rick <rscott@slocity.org> Sent: Tuesday, November 5, 2024 3:40:36 PM To: kathie walker < Cc: Sandra Rowley < ; Carolyn Smith < ; Brett Cross < ; McDonald, Whitney <WMcDonal@slocity.org>; Mickel, Fred <fmickel@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: RE: Fraternity parties and noise BCC CC: Hi Kathie, Thank you for your email, our team will review your observations for any issues to address. The police department was properly upstaffed this past weekend and the weekend prior to address complaints as they came in, as well as proactive patrols throughout the north end neighborhoods in conjunction with the City’s Safety Enhancement Zone. There are a few exciting updates to pass along based on the following questions/comments from your email: Q: Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. A: Agreed. We are currently evaluating a validated and defensible method of identifying “nuisance” locations. Most likely we will utilize Code’s infraction list, provided they encompass the properties which are in fact “satellite” properties and a “nuisance” as they determine. 29 Q: Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. A: Agreed. All “regular” houses (without a CUP) are offered the ability to do early removal. However, this will most likely change in the Spring as we change our focus on “nuisance” properties according to Code, thus keeping them on the list indefinitely or until they are off “nuisance” or “satellite” properties list. Again, as maintained by Code Enforcement since PD doesn’t determine an “illegal” fraternity. Q: Illegal fraternity properties should not be eligible to register their parties through SLOPD. A: Agreed. We put that into place last spring, based on “known/nuisance” properties. However, unknown or not defined “satellite” properties where fraternity people may live can register if they meet the party reg requirements. Again, our goal is to bring this in alignment with Code’s infraction list on this one as well, provided it can be verified by the City. Thank you, Rick Scott Police Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E rscott@slocity.org T 805.781.7256 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: kathie walker < Sent: Monday, November 4, 2024 12:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Scott, Rick <rscott@slocity.org>; Mickel, Fred <fmickel@slocity.org> Cc: Sandra Rowley < ; Carolyn Smith < ; Brett Cross < Subject: Fraternity parties and noise This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. It was a noisy weekend and I will send a report after the election. But I wanted to sum up the problem in this email. Problem 1 SLO Code Enforcement has met with Cal Poly Greek life administration and advised that fraternity operations are illegal in lower- density neighborhoods, including those near the campus. Despite knowing that fraternity-related events are not permitted in lower-density neighborhoods, Cal Poly administration continues to “approve” and “sanction” fraternity parties at documented fraternity houses in our neighborhood. This has 30 changed the fabric of the City’s neighborhoods and made them unlivable to the average, reasonable person who wants and needs to have the quiet enjoyment of their property. Problem 2 SLO Code Enforcement has contacted property owners of many illegal fraternity houses in the City’s neighborhoods and told them that fraternity operations are against the law, and their property has held documented fraternity events. Despite receiving a notice of violation or advisory letter, the properties continue to host fraternity-related illegal events, including large fraternity parties. These investors are profiting from the rental income from a fraternity and have no stake in the ruination of the quality of life of those who live near their investment properties/fraternity houses, because they -the investors- live in quiet neighborhoods or on large estates. Some of the investors who own multiple properties with illegal fraternity houses and are not personally affected by noise: David Scarry, Sanjay Ganpule, Jerry Lenthall. Problem 3 Code Enforcement and SLOPD do not seem to be sharing information about documented illegal fraternity addresses. This has allowed fraternities to hold disruptive parties without accountability. I've included some party addresses at known fraternity houses from this weekend, below: 1. A legal fraternity is not allowed to register a party.  Documented illegal fraternity houses are registering parties with SLOPD to escape a response from SLOPD if someone calls dispatch about a noisy party. (e.g. Delta Sigma Phi at 1684/1688 Mill Street) 2. A legal fraternity requires a response from SLOPD, not SNAP.  SNAP officers are responding to documented illegal fraternity houses in our neighborhoods. (e.g. Sigma Phi Epsilon at 2090 Hays, Theta Chi at 2149 Santa Ynez, Theta Chi at 250 Grand, Phi Kappa Psi at 1276 Bond, Delta Sigma Phi at 1688 Mill, etc.) 3. A legal fraternity is not eligible for a Disturbance Advisement Card (DAC) but is issued a citation when a noise violation is found.  SNAP officers cannot issue citations. They are responding to documented fraternity locations and clearing parties with negative violations or, in some cases, issuing DACs when there are 100 or more people at a party. (e.g. Theta Chi at 1820 Hope Street had 150 people) 4. A legal fraternity is not allowed to clear its citation history through SLOPD’s Early Removal Program.  Property owners of documented illegal fraternity houses with multiple citations, costing the landlord and tenants thousands of dollars, have been allowed to clear their citation history to avoid the financial accountability of expensive noise citations through SLOPD’s “Early Removal Program” (e.g. Phi Sigma Kappa at 348 Hathway Avenue) I'm unsure if 31 1820 Hope also cleared their history but it was historically the main chapter house for Theta Chi, has a history of noisy parties and citations, but received a DAC this weekend with 150 people at the party. Solution Stop the illegal fraternity events in the city’s neighborhoods by holding Cal Poly and the investor property owners responsible. Obtain the addresses of all fraternity events in our neighborhoods during the last academic year and this academic year from Cal Poly and flag the properties in SLOPD’s system so they are accountable for their disruptive activities. I have already provided the address locations, including social media posts for fraternity rush events this academic year. Declare the properties a public nuisance if necessary, for continued fraternity operations that are making it impossible for residents to rest or sleep. Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. Illegal fraternity properties should not be eligible to register their parties through SLOPD. Also, Alpha Sigma Phi had an enormous party at 299 Albert on 10/31 that completely blocked the streets. The PD log shows the party as a traffic hazard and the party was not cited. I suggest it would be helpful for the city manager and council to view SLOPD video footage from their vehicles and body cams to better understand the disruption caused by fraternities in our neighborhood. Same goes for the Delta Upsilon party at 281 Albert on 11/1. Please watch video of the parties from SLOPD footage from vehicles and body cams. Thank you, Kathie 32 From:Armas, Sara Sent:Wednesday, November 13, 2024 12:19 PM Cc:Hanh, Hannah; Corey, Tyler; CityClerk Subject:11/13/24 PC Meeting - Agenda Correspondence - Item 4a Hello, Please see the agenda correspondence received for tonight’s Planning Commission Meeting. Item 4a. 280 California Blvd. (USE-0625-2024) Re-review of an existing Conditional Use Permit for a Fraternity - Rowley BCC: PC Members & Staff Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 33 From:Adam Wechsler <aepi.presidentcalpoly@gmail.com> Sent:Wednesday, November 13, 2024 11:51 AM To:Hanh, Hannah Subject:Re: Alpha Epsilon Pi - CUP Re-review Hi Hannah, Thank you for providing me with the link to the correspondence relative to the re-review. I appreciate the opportunity to introduce myself and address the Planning Commission, and I’ll be prepared to answer any questions they may have. See you this evening. Best, Adam Wechsler Alpha Epsilon Pi Fraternity President | ΣΩ Chapter Cal Poly San Luis Obispo | Psychology On Wed, Nov 13, 2024 at 10:51 AM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Adam, In case you are not aware, here is a direct link to any correspondence received on the re-review (item 4a): https://opengov.slocity.org/WebLink/Browse.aspx?id=201428&dbid=0&repo=CityClerk This webpage will be updated if any other letters are received from now until 3:00 pm today. The re-review is the only hearing item, so it will get started fairly quickly. After my staff presentation on the proposed revisions, you will have an opportunity to introduce yourself and address the Planning Commission. They may ask you questions to better understand your fraternity. Let me know if you have any questions. See you later tonight, Hannah Hanh Associate Planner 34 Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Adam Wechsler <aepi.presidentcalpoly@gmail.com> Sent: Friday, November 8, 2024 2:53 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: Alpha Epsilon Pi - CUP Re-review Hi Hannah, Thank you for forwarding this to me. If I have any questions, I’ll be sure to let you know. Best, Adam Wechsler Alpha Epsilon Pi Fraternity President | ΣΩ Chapter Cal Poly San Luis Obispo | Psychology On Thu, Nov 7, 2024 at 3:12 PM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Adam, For your reference, here is the agenda that was posted yesterday for the 11/13 Planning Commission hearing: https://pub-slocity.escribemeetings.com/Meeting.aspx?Id=17a83a5c-589f-4803-857a- 671fdc5447e7&Agenda=Agenda&lang=English 35 The fraternity re-review is Item 4a. Let me know if you have any questions. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Adam Wechsler <aepi.presidentcalpoly@gmail.com> Sent: Thursday, October 10, 2024 12:45 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: Alpha Epsilon Pi - CUP Re-review 蹖蹗 Adam Wechsler reacted via Gmail On Wed, Oct 9, 2024 at 8:31 AM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Adam, Great, thank you for confirming. I will provide more details on the agenda as the date approaches. Sincerely, 36 Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Adam Wechsler <aepi.presidentcalpoly@gmail.com> Sent: Tuesday, October 8, 2024 1:02 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: Alpha Epsilon Pi - CUP Re-review This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Hannah, Thank you for reaching out, and I apologize for the delayed response. Yes, November 13th,2024 at 6 P.M. works for me. Thank you once again. Best, Adam Wechsler Alpha Epsilon Pi Fraternity President | ΣΩ Chapter Cal Poly San Luis Obispo | Psychology On Fri, Oct 4, 2024 at 3:52 PM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Adam, 37 Hope you are doing well. I received your contact information from Community Development – Deputy Director, Tyler Corey. I wanted to follow up on City staff’s conversations with you regarding the violations of Alpha Epsilon Pi’s Conditional Use Permit (CUP) at 280 California Blvd. Due to these violations, City staff is initiating a re- review of the CUP with the Planning Commission. I am looking to schedule the Planning Commission hearing for the re-review on Wednesday, November 13, 2024 at 6:00 pm at City Hall. Please let me know if you are able to attend that date and time. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 38 From:Armas, Sara Sent:Wednesday, November 13, 2024 11:29 AM To:carolyn smith Cc:CityClerk Subject:RE: Planning Commission - Agenda 5a - Goal Setting Priorities Hi Carolyn Smith, Thank you for your input, it has been sent to the commission members. It is now placed in the Planning Commission public archive for the tonight’s meeting. Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: carolyn smith < Sent: Wednesday, November 13, 2024 11:19 AM To: Advisory Bodies <advisorybodies@slocity.org> Subject: Planning Commission - Agenda 5a - Goal Setting Priorities This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commissioners, As you are aware, there have been many Cal Poly fraternities illegally operating in several R-1 and R-2 neighborhoods adjacent to Cal Poly. There are now so many that the Community Development Director has expressed her staff is insufficient to effectively deal with these illegal operations. Apparently, Cal Poly isn't helping the city with this problem, so they will continue and perhaps even spread further into more neighborhoods. These illegal operations are creating significant disturbances to the residents living in these neighborhoods, frankly destroying their peace and safety with large parties with live bands and hundreds of attendees. Historically, the city has regulated certain activities in neighborhoods to preserve quality of life for residents living in these neighborhoods which is clear by the city's codes relating to fraternity operations in residential neighborhoods. However, if these illegal operations are beyond the ability of our city staff to manage and regulate, it seems prudent to request funding to hire more staff to deal with this problem. 39 Consequently, since you are the city's governing body that issues and monitors Conditional Use Permits (CUP) for Cal Poly fraternities, it would be helpful if during your goal setting priorities, you could include funding for additional staff for the Community Development Department to develop a new program to handle Cal Poly Greek Life operations in the City. It could be on a temporary basis until this current spread of illegal fraternities is resolved, and/or it could continue to augment ongoing neighborhood enforcement for this and other neighborhood quality of life problems in the future. Our city population has grown from all the new building, as has Cal Poly's continued increased enrollment, creating more challenges for an already stretched Code Enforcement Staff. Therefore, providing more enforcement staffing for this and other problems could help all neighborhoods maintain a safe and peaceful quality of life in the long term. Director Tway could provide you with how many new staff members she'd need in order to deal with this problem and perhaps other ongoing enforcement problems in neighborhoods. The illegal fraternity operations are a vital issue in residential neighborhoods since if this problem continues to spread, these neighborhoods will become totally unlivable for anyone other than partying students. They are nearly there now in some areas with long-term residents being forced out of their life-long homes because they can't live with the fear for their safety and the constant disturbances. Considering our city is able to find funds for other programs not nearly as destructive tor residents as this, it would be a shame if the lack of funding was the cause of the further demise of neighborhoods near Cal Poly and beyond as it spreads. Thank you for your consideration. Carolyn Smith 45 year SLO City resident 46 From:McDonald, Whitney Sent:Wednesday, November 13, 2024 9:01 AM To:Sandra Rowley Cc:Tway, Timothea (Timmi) Subject:RE: Goal Setting Good morning, Sandy. Correspondence to the City’s committees and commissions and to the City Council is certainly a way to advocate for Neighborhood Wellness as a recommended priority. In addition, our public survey went live yesterday on OpenCityHall (hyperlinked here) for our upcoming financial planning process, and it includes Safe Housing/Neighborhood Wellness in the pre-populated list of potential priorities. There are also spaces for respondents to add their own suggested priorities that are in addition to or different from the pre-populated options. The survey results will be presented to and considered by Council as we continue the budgeting process in early 2025. These are all good options for recommending Neighborhood Wellness as a priority for our next budget cycle. Best regards, Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley < Sent: Tuesday, November 12, 2024 7:28 AM To: McDonald, Whitney <WMcDonal@slocity.org> Subject: Goal Setting This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Good morning Whitney, Below are staff's recommended goals for the upcoming budget cycle for the Planning Commission to consider. Again this year there is no Neighborhood Wellness category. Surely staff must know the topics people are calling, emailing or using AskSLO about... access for the disabled, illegal fraternities, party noise, code enforcement issues. Maybe others. 47 I don't know how one goes about contacting staff to add Neighborhood Wellness as a category. Or do we send correspondence to several commissions/committees and/or the council. Please advise. Thanks, Sandy Rowley 53 From:McDonald, Whitney Sent:Wednesday, November 13, 2024 9:01 AM To:Sandra Rowley Cc:Tway, Timothea (Timmi) Subject:RE: Goal Setting Good morning, Sandy. Correspondence to the City’s committees and commissions and to the City Council is certainly a way to advocate for Neighborhood Wellness as a recommended priority. In addition, our public survey went live yesterday on OpenCityHall (hyperlinked here) for our upcoming financial planning process, and it includes Safe Housing/Neighborhood Wellness in the pre-populated list of potential priorities. There are also spaces for respondents to add their own suggested priorities that are in addition to or different from the pre-populated options. The survey results will be presented to and considered by Council as we continue the budgeting process in early 2025. These are all good options for recommending Neighborhood Wellness as a priority for our next budget cycle. Best regards, Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley < Sent: Tuesday, November 12, 2024 7:28 AM To: McDonald, Whitney <WMcDonal@slocity.org> Subject: Goal Setting This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Good morning Whitney, Below are staff's recommended goals for the upcoming budget cycle for the Planning Commission to consider. Again this year there is no Neighborhood Wellness category. Surely staff must know the topics people are calling, emailing or using AskSLO about... access for the disabled, illegal fraternities, party noise, code enforcement issues. Maybe others. 54 I don't know how one goes about contacting staff to add Neighborhood Wellness as a category. Or do we send correspondence to several commissions/committees and/or the council. Please advise. Thanks, Sandy Rowley 63 From:Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent:Tuesday, November 12, 2024 1:29 PM To:Mezzapesa, John Subject:Greek Leadership Institute 2025 Invitation This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi John, I wanted to invite you to come speak to our new student leaders at our Greek Leadership Institute which will happen on Sunday, January 12th next year. Is that something that you or someone on your team is available to do? Thank you! Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me 74 From:Tway, Timothea (Timmi) Sent:Tuesday, November 12, 2024 11:08 AM To:Loew, Michael; Sheats, Steven; Mezzapesa, John Subject:Correspondence on Fraternities Hi Team, Please see this correspondence from Ms. Walker to the Planning Commission, who will be doing their goal setting/priorities this week. As expected, she will be requesting that the PC consider recommending some sort of program/priority be considered to address Fraternity related issues: https://opengov.slocity.org/WebLink/DocView.aspx?id=201431&dbid=0&repo=CityClerk . My guess is that this will continue to come up throughout the goal setting/priority process throughout the next several months. She does bring up some of the issues that were noticed with the NOVs that were sent out earlier this year (not having proper records in Community Development for NOVs that were just sent and NOVs lacking dates). I am hoping that we have addressed these issues for future notices of violation, as proper record keeping is very important, and I do not want mistakes to detract from the large amount of good work that is being done to address this issue. We may have to address this issue head-on and provide a response if this is raised at Council during priority setting. No action needed at this time (other than making sure staff is aware of these oversights so we can learn from them), I wanted to provide you with this for situational awareness. Thanks! Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 75 From:Armas, Sara Sent:Tuesday, November 12, 2024 10:48 AM To:kathie walker Cc:CityClerk Subject:RE: PC 11/13/2024 Item 5.a. Major City Goals: Funding a Community Development Program to Oversee Fraternity Operations/Neighborhood Livability Hi Kathie Walker, Thank you for your input, it has been sent to the commission members. It is now placed in the Planning Commission public archive for tomorrow’s meeting. Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: kathie walker < Sent: Monday, November 11, 2024 8:54 PM To: Advisory Bodies <advisorybodies@slocity.org> Subject: PC 11/13/2024 Item 5.a. Major City Goals: Funding a Community Development Program to Oversee Fraternity Operations/Neighborhood Livability This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commissioners, On 10/15/2024, the Community Development Director, Timmi Tway, told the City Council that Community Development needs to establish a program to oversee fraternity operations within the City but she does not have enough staff or funding to start this necessary program. Agenda item 5.a. of the Planning Commission meeting on 11/13/2024 asks you to participate in the Financial Plan Goal Setting Budget for the next two years. It says, "Input from City advisory bodies is specifically solicited because the advisory body members are recognized as representatives of the community, that are committed to the long-term best interest of the City and its residents. Other key points as we embark on this goal-setting process are: The Council is seeking advisory 76 body input focused on the purview area of the advisory body and is also interested in input on other issues that are important to the community; and Advisory body input is highly valued by the Council and City staff..." The Planning Commission grants Conditional Use Permits for fraternity operations, which are overseen by the Community Development Department. Here is some history: Over a year ago, Ms. Tway, and Code Enforcement Supervisor, John Mezzapesa, became aware of dozens of illegal fraternity houses in the City of San Luis Obispo. A detailed report with documentation of approximately 80 illegal fraternity operations, including over 60 in R-1 and R-2 neighborhoods, was provided to Ms. Tway and Mr. Mezzapesa. The documentation was cross-referenced with addresses in a report filed online by Cal Poly on 10/1/2023 that listed the addresses of fraternity events during the 2022-2023 academic year, as mandated by Assembly Bill 524: The Campus Recognized Sorority and Fraternity Transparency Act (AB 524). It was also discovered that there are 19 fraternities at Cal Poly and only five had Conditional Use Permits to legally operate within the City. Code enforcement was understaffed and it took many months for the City to cross-reference the addresses identified in Cal Poly's AB 524 Report. Mr. Mezzapesa also set up meetings with Cal Poly administration, including Greek Life employees, to discuss the SLOMC which defines "a fraternity" and prohibits fraternities from hosting fraternity-related events, such as recruitment/rush events and parties hosting sororities, in R-1 and R-2 neighborhoods. The City notified Cal Poly that a fraternity is only permitted to operate in R-3 and R-4 zones with a Conditional Use Permit (CUP). Meanwhile, it was almost impossible for residents in the neighborhoods near Cal Poly to sleep or rest from Thursday to Sunday every weekend that Cal Poly was in session due to noisy fraternity parties surrounding their single-family homes. In the spring of 2024, the City began issuing Notices of Violation and Advisory Letters to properties for illegal fraternity operations. Approximately 50 Notices or Letters were sent, but many of the fraternity operations were missed including some of the most egregious fraternity operations, such as the main chapter house for Phi Sigma Kappa at 348/350 Hathway Avenue (R-2) which has received over 20 noise citations in the past three years. In September, I asked the City for the records sent to the illegal fraternity operations, and the documents, including a spreadsheet of addresses, were sent to me on 9/22/2024. According to the City, many of the letters sent to the property owners for illegal fraternities were lost by the Community Development Department so were unable to be produced. Also, some of the Notices of Violation did not contain a date, therefore the reference to "5 days from this notice" is difficult to enforce because there is no date on the notices. One of the letters also contained the incorrect address because the numbers were transposed from 1740 (correct address) to 1704 (incorrect address cited in the letter). Ms. Tway acknowledged the low standard and said they would do better. She has also repeatedly explained that Community Development does not have the resources to solve this complicated "fraternity problem" that has grown exponentially and exploded in the past few years, and a new program needs to be established with staff and resources. For at least three decades, Code Enforcement and SLOPD did not communicate about illegal fraternity house operations. (The last record of coordination between SLOPD and Code Enforcement related to illegal fraternity operations was in 1989.) In other words, SLOPD was and is aware of many of the illegal fraternity houses that have received ongoing noise complaints, but this information was never communicated to any other 77 department in the City, including Code Enforcement. As more fraternities moved into the neighborhoods, it was almost permissive because of the inaction by the City, and the number of fraternities increased exponentially. For example, when the roof collapsed during St. Fratty's Day 2015, there were only a few illegal fraternities in our neighborhood, including the 'founders' of St. Fratty's Day at 348 Hathway. Now, there are over 50 illegal fraternity houses, with many surrounding our home. There was a tipping point in 2021 when many of my neighbors in our Alta Vista Neighborhood Association group emails said they noticed a huge increase in noise and fraternity activity near their homes. Long-term residents began moving out of the neighborhood en masse. Ironically, investors bought their homes and some of them were leased to fraternities who hung up their Greek-lettered flag and began hosting fraternity-related events there. It's really an unbelievable situation at this point that has changed the fabric of the Alta Vista and lower Monterey Heights neighborhoods and is spreading to other neighborhoods, including S. Tassajara/Ramona and neighborhoods north of Foothill. After they received the Notices of Violation or Advisory Letters from the City in the Spring of 2024, some of the property owners of the fraternity houses began contacting Cal Poly Greek Life and Mr. Mezzapesa. As a result of the backlash, in July 2024, Cal Poly edited their AB 524 report and erased all of the addresses that identified illegal fraternity houses in our neighborhoods. Cal Poly claimed they did so because they realized that they were the only CSU that published the addresses of fraternity events on their AB 524 report, therefore they removed the addresses to be consistent with other CSUs. However, that is not the case. In fact, of 23 CSUs, only five did not include addresses of their fraternity events. When this information was brought forward to Cal Poly, it changed the narrative and said it erased the addresses to respect the privacy of its students. Cal Poly also notified the City that it will no longer share the addresses of its fraternity houses with the City. In the fall of 2024, Cal Poly changed its policy related to fraternity rush/recruitment and revised its long-standing Greek Life Party Registration Policy which was put in place following the death of Carson Starkey at an illegal fraternity house. In the fall of 2024, Cal Poly advised its fraternities not to post the addresses of recruitment events online and held a BBQ event on campus on Thursday, 10/3/2024, where fraternities passed out physical cards to potential new members, with the addresses, dates, and times of each fraternity's rush events on 10/4, 10/5 and 10/6. These events were registered and approved by the administration of Cal Poly Greek Life and most fraternity events were held at illegal fraternity houses in R-1 and R-2 neighborhoods. It is evident that Cal Poly is intentionally hiding their fraternity houses within our neighborhoods, yet sanctioning fraternity events and parties, even though they know it is illegal. I have submitted multiple public records requests per the California Public Records Act and Cal Poly has denied my requests, listing various reasons, inconsistent with the law. First, Cal Poly cited privacy concerns and an overreaching catch-all exemption, but when that argument was overcome by citing pertinent case law, they responded that fraternities are "independent organizations" and are not affiliated with Cal Poly, which is not true. The only way to obtain this information is to file a Writ and take Cal Poly to court to force them to release addresses where its fraternities continue to operate. The City has asked me to share that information when I can get it. I have attached a document identifying illegal fraternity houses in San Luis Obispo that have been documented with notations next to the properties that received NOVs or ALs from the City. Most of the properties continue to operate as a full-fledged fraternity house. (Attachment: "Cal Poly Fraternity Addresses w Source of Documentation") Page 7 lists Cal Poly's fraternity rush events in our neighborhoods, held 10/4 -10/6/2024. Each of these events was also documented with video as they happened. Some of the fraternities posted their rush events on social media beforehand and were reported to the City beforehand with the date, time, and address of each event to AskSLO, as requested by Mr. Mezzapesa. 78 Unfortunately, most of the submissions to AskSLO were not cited. Code enforcement claims they "did not find any evidence that the property is being used as an illegal fraternity" even though there were obvious fraternity parties at every one of the addresses reported at the date and time submitted to the City via AskSLO. These fraternity events could not have been missed because there were crowds of guys and large signs with Greek letters in the front yard. I have attached the documentation submitted to the City and its response, with posts showing the events happening as reported. (Attachment: "Violations posted on AskSLO app for illegal fraternity events") Again, the Community Development/Code Enforcement claimed they do not have the resources to respond to properties on weekends or tackle this enormous "fraternity problem". The solution, according to Ms. Tway, is to develop a program that handles fraternity operations, including illegal fraternity houses and legal fraternity houses/CUPs. Please recommend funding for Community Development to solve this problem. It could be under the umbrella of Neighborhood Wellness or specifically address funding for a new program in Community Development to handle Greek Life operations in the City. This problem could be solved within two years if the City had staff available. Ms. Tway could better describe what she needs but the work will include following up with property owners of illegal fraternity houses until they cease operations and bringing fraternity operations in R-3 and R-4 zones into compliance by having them apply for a CUP. The terms of the CUP would need to be managed in the long run. Thank you for your consideration. Sincerely, Kathie Walker 79 From:Armas, Sara Sent:Tuesday, November 12, 2024 10:48 AM To:kathie walker Cc:CityClerk Subject:RE: Planning Commission - 11/13/2024, Item 4.a. 280 California Re-review of CUP Hi Kathie Walker, Thank you for your input, it has been sent to the commission members. It is now placed in the Planning Commission public archive for tomorrow’s meeting. Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications From: kathie walker < Sent: Monday, November 11, 2024 11:48 AM To: Advisory Bodies <advisorybodies@slocity.org> Subject: Planning Commission - 11/13/2024, Item 4.a. 280 California Re-review of CUP This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Planning Commissioners, My husband and I attended the Planning Commission's hearing for Lambda Chi Alpha's CUP and felt you were thoughtful in your deliberations. However, misinformation was provided by city staff which resulted in some problematic wording in the CUP. Residents for Quality Neighborhoods (RQN) appealed the CUP to the City Council and asked that conditions be added. The appeal included a 7-minute video, which can be viewed here:https://vimeo.com/1019655003/a818f5eb35?share=copy The video helps clarify what information was incorrect and what conditions were requested. The City Council agreed that the noise ordinance cannot be violated under any circumstances and added clarifying wording to the CUP. It also added a condition that three violations within 12 months will result in a re- review of the CUP by the Planning Commission. It also holds the six separate addresses on the parcel collectively responsible for noise citations and the progressive fine structure. It also added a catch-all provision that states the fraternity must follow Federal, State, and local laws or risk losing its CUP. (Unfortunately, three 80 days after the Council approved the CUP, Lambda Chi Alpha had a large, noisy party with fireworks and was issued its third citation in less than a month.) The same conditions in Lambda Chi Alpha's CUP are included in the re-review of Alpha Epsilon Pi's CUP, which is appreciated. We live 500 feet from Alpha Epsilon Pi's fraternity house and have endured extremely disruptive parties at the fraternity, especially over the past few years. The parties are mostly outside, where the property abuts Hathway and Fredericks. At times, when we were inside our house and trying to sleep, we could hear booming music and screaming from parties at the fraternity. Party guests from the fraternity have also blocked Hathway and Fredericks, and last year I had to pull my car over on Fredericks at night to avoid hitting people in the street. I called SLOPD and was told that police had just broken up a party with 300 people at 280 California Blvd so it would take a while for people to disperse from the neighborhood. Our home is between the fraternity and Cal Poly's campus and we frequently hear people after they leave the fraternity's parties late at night. I have walked down to the fraternity multiple times at night, rather than call the police, to ask that they turn down their music. Most of the time, they have cooperated. But they have also asked me why I live in this neighborhood, implying that I do not belong here. The truth is that everyone, including our family, is entitled to the quiet enjoyment of their property. There is no "right" to have loud fraternity parties in a residential neighborhood, even with a CUP. While we support the staff recommendation for the new CUP for Alpha Epsilon Pi, the most important thing I want the fraternity members to understand is that their fraternity house is surrounded by a residential neighborhood with a diverse population, including families with children. Their neighbors need sleep to function for their jobs and other responsibilities. The CUP grants the ability to operate as a fraternity within a residential zone, with guardrails that ensure they do not disrupt their neighbors. During winter break and summer, the fraternity members "go home". This neighborhood is our home. I'd like them to imagine how they would act and/or feel if their parents or grandparents lived nearby because someone's parents or grandparents do. We appreciate our college-student neighbors. If they need anything, we are here for them. We also appreciate them having respect for the neighborhood. Thank you for your consideration. Sincerely, Kathie Walker 81 From:Armas, Sara Sent:Tuesday, November 12, 2024 10:46 AM Cc:Hanh, Hannah; Corey, Tyler; CityClerk Subject:11/13/2024 PC - Agenda Correspondence - Item 4a. & Item 5a. BCC: PC Members & Staff Hello, Listed below is agenda correspondence for tomorrow’s Planning Commission Meeting. Item 4a. 280 California Blvd. (USE-0625-2024) Re-review of an existing Conditional Use Permit for a Fraternity - Walker Item 5a. 2025-2027 Planning Commission Goal-Setting - Walker Regards, Sara Armas pronouns she/her/hers Deputy City Clerk I City Administration 990 Palm, San Luis Obispo, CA 93401-3218 E SArmas@slocity.org T 805.781.7110 slocity.org Stay connected with the City by signing up for e-notifications 82 From:Wilbanks, Megan Sent:Tuesday, November 12, 2024 9:09 AM To: Cc: Corey, Tyler; Armas, Sara Subject:11/13/2024 PC Script Attachments:Script for PC_11-13-2024.pdf Hello Chair Cooley, Attached is the script for tomorrow’s Planning Commission meeting. I will make sure a printed copy is available for you on the dais. I’m aware of one planned absence, Commissioner Flores. Have a great day and see you tomorrow! Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications 1 Planning Commission Script November 13, 2024, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo _____________________________________________________________________ 1. CALL TO ORDER “Good evening, this is Chair Justin Cooley, and I would like to call this Regular Meeting of the Planning Commission to order. “Please join me in the Pledge of Allegiance.” “Would Deputy City Clerk Megan Wilbanks please call roll?” 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA “At this time, we will hear any public comment for items not on tonight’s agenda. Items raised are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting.” “City Clerk, do we have any public comment?” 3. CONSENT 3.a CONSIDERATION OF MINUTES - SEPTEMBER 25, 2024 PLANNING COMMISSION MINUTES “Before I call for a vote, do any Commissioners have comments on Consent?” “Do I have a Motion and Second to approve Consent?” “All in favor say AYE” “All opposed say NO” 4. PUBLIC HEARING “Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes.” 2 4.a “The Public Hearing item before us is to RE-REVIEW AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY LOCATED AT 280 CALIFORNIA BOULEVARD” “Would Associate Planner Hannah Hanh please present the report?” Recommendation: Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated required findings and subject to revised conditions of approval. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. QUESTIONS OF STAFF *PC Members ask questions of staff APPLICANT PRESENTATION (Limit to 10 minutes) QUESTIONS OF APPLICANT *PC Members ask questions of the applicant PUBLIC COMMENT “City Clerk, do we have any public comment on this item?” ADDITIONAL QUESTIONS OF STAFF “Do any Commissioners have questions before we call for a vote?” VOTE PROCEDURE “Do I have a Motion and Second?” “We have a motion and a second, is there any further deliberation before we call roll?” “Will the Deputy City Clerk please call the roll of the motion?” 3 5. COMMENT AND DISCUSSION 5.a “Would Deputy Community Development Director Tyler Corey please present the PLANNING COMMISSION GOAL- SETTING FOR THE 2025-27 FINANCIAL PLAN?” Recommendation: Review the 2023-2025 Planning Commission (PC) goals, take public testimony, and identify PC goals and work program items for the 2025- 2027 Financial Plan. PUBLIC COMMENT “City Clerk, do we have any public comment on this item?” COMMISSIONERS PROVIDE FEEDBACK ON GOALS VOTE PROCEDURE “Do I have a Motion and Second?” “We have a motion and a second, is there any further deliberation before we call roll?” “Will the Deputy City Clerk please call the roll of the motion?” 5.b STAFF UPDATES AND AGENDA FORECAST “Would Deputy Community Development Director Tyler Corey please provide the update?” 6. ADJOURNMENT The Regular Meeting of November 27, 2024 will be cancelled due to the Thanksgiving Holiday. The next Regular Meeting of the Planning Commission is scheduled for December 11, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. 83 From:Sandra Rowley < Sent:Tuesday, November 12, 2024 7:28 AM To:McDonald, Whitney Subject:Goal Setting This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Good morning Whitney, Below are staff's recommended goals for the upcoming budget cycle for the Planning Commission to consider. Again this year there is no Neighborhood Wellness category. Surely staff must know the topics people are calling, emailing or using AskSLO about... access for the disabled, illegal fraternities, party noise, code enforcement issues. Maybe others. I don't know how one goes about contacting staff to add Neighborhood Wellness as a category. Or do we send correspondence to several commissions/committees and/or the council. Please advise. Thanks, Sandy Rowley 84 88 From:kathie walker < Sent:Friday, November 8, 2024 5:38 PM To:Hanh, Hannah Subject:Re: Alpha Epsilon Pi (280 California) - CUP Re-review This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Thank you, Hannah. I didn't know there was a date for the hearing and I appreciate you letting me know. On Fri, Nov 8, 2024 at 5:34 PM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Kathie, You may already be aware, but I just wanted to share that the Conditional Use Permit for the fraternity at 280 California will be re-reviewed by the Planning Commission on 11/13. For your reference, here is the agenda: https://pub-slocity.escribemeetings.com/Meeting.aspx?Id=17a83a5c-589f-4803-857a- 671fdc5447e7&Agenda=Agenda&lang=English The fraternity re-review is Item 4a. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 89 From:Hanh, Hannah Sent:Friday, November 8, 2024 5:35 PM To:Sandra Rowley Subject:Alpha Epsilon Pi (280 California) - CUP Re-review Hi Sandra, You may already be aware, but I just wanted to share that the Conditional Use Permit for the fraternity at 280 California will be re-reviewed by the Planning Commission on 11/13. For your reference, here is the agenda: https://pub-slocity.escribemeetings.com/Meeting.aspx?Id=17a83a5c-589f-4803-857a- 671fdc5447e7&Agenda=Agenda&lang=English The fraternity re-review is Item 4a. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 90 From:Hanh, Hannah Sent:Friday, November 8, 2024 3:38 PM To:Gabriel Owyang Subject:RE: Planning Commission Hearing Notice Hi Gabriel, Thank you for reaching out. For your reference, here is the agenda for the 11/13 Planning Commission hearing: https://pub- slocity.escribemeetings.com/Meeting.aspx?Id=17a83a5c-589f-4803-857a- 671fdc5447e7&Agenda=Agenda&lang=English The fraternity re-review is Item 4a. This re-review is specific to Alpha Epsilon Pi at 280 California, so no action is required on your end. You received a postcard in the mail because public notices are required to be sent out to all property owners and occupants within 300 feet of the location. If you are interested, you are welcome to submit public comment and/or attend the hearing for this re-review. Please let me know if you have any questions. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Gabriel Owyang < Sent: Friday, November 8, 2024 1:02 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Planning Commission Hearing Notice This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ________________________________ Hi Ms. Hanh, My roommates and I at recently received a notecard from the San Luis Obispo Planning Commission, which is attached to this email. We were wondering if we could get a little more information about it and if it required any action on our part. 91 Thank you, Gabriel Owyang 92 104 From:kathie walker < Sent:Thursday, November 7, 2024 3:52 PM To:CityClerk Cc:Scott, Rick; Tway, Timothea (Timmi) Subject:Re: cc Walker - Report: Calls to SLOPD at fraternities 10/31 - 11/2/2024 It isn't necessary for Chief Scott to respond. I plan to send a weekly report to the City Council with the calls to SLOPD at documented fraternity houses, which are mostly unpermitted and in illegal locations. This is my weekly report for last weekend. The intent is primarily to illustrate the resources used by SLOPD to respond to Cal Poly's fraternities where most disruptive parties in our neighborhoods are held. Hopefully, the Council will understand the need to create a program within Community Development to handle Cal Poly's Greek life operations. The reports could also be useful to show the cost to the City and have Cal Poly chip in to help bear the expense. I will continue to send reports each week that Cal Poly is in session. Thank you, Kathie Walker On Thu, Nov 7, 2024 at 3:40 PM CityClerk <CityClerk@slocity.org> wrote: BCC: Council All Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and Rick Scott, Chief of Police who is responsible for responding is copied on this email. Chief Scott or a member of his staff will be following up with you within two business days. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 105 From: kathie walker < Sent: Thursday, November 7, 2024 2:16 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Report: Calls to SLOPD at fraternities 10/31 - 11/2/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were 18 calls for assistance from SLOPD over the past weekend 10/31 - 11/2/2024 at documented fraternity houses. Of all calls, Sigma Nu at 1304 Foothill is the only permitted fraternity. Kappa Chi fraternity had two calls for large parties but is unrecognized by Cal Poly. There was an enormous party at 299 Albert Drive on 10/31 which is an illegal satellite house for Alpha Sigma Phi and has previously received a Notice of Violation from the city for illegal fraternity operations. The PD dispatch log shows a traffic hazard at that address and does not cite the noisy party. I am unsure why the obvious party was not cited as an unruly gathering for causing the streets to be blocked by their guests. I hope you were able to view SLOPD video footage to see for yourselves how disruptive this party was to the neighborhood. There was a call for an assault at 658 Graves Ave on 11/2, the unpermitted main chapter house for Zeta Beta Tau. A social media post said a young woman was slapped by a fraternity member but I do not have verification of that claim. Otherwise, all other calls are for noisy parties. I have attached the report. Thank you, Kathie Walker Date Received Address (main house in bold) Zone Fraternity Clearance Code Call Comments 10/31/2024 10:36 pm 299 Albert Drive1 R-1 Alpha Sigma Phi No Report 80-100 HBD (intox) subjs in street… 10/31/2024 10:43 pm 1688 Mill St2 R-2 Delta Sigma Phi DAC Loud music 11/01/2024 08:49 pm 844 Upham R-2 Kappa Chi (unaffiliated) Citation 100 ppl Loud music and people 11/01/2024 09:11 pm 2090 Hays R-1 Sigma Phi Epsilon Negative Violation Loud music 11/01/2024 09:52 pm 1304 Foothill Blvd R-4 Sigma Nu Citation 100 ppl Loud people and music 11/01/2024 10:16 pm 348 Hathway R-2 Phi Sigma Kappa Citation 100 ppl Loud music and people 11/01/2024 10:24 pm 281 Albert Drive R-1 Delta Upsilon Citation 50 ppl Loud party at loc 11/01/2024 10:47 pm 1304 Foothill Blvd R-4 Sigma Nu (Blank) 3 Loud music and people 11/01/2024 10:49 pm 250 Grand Ave4 R-1 Theta Chi Negative Violation Loud party at loc 11/01/2024 10:49 pm 250 Grand Ave R-1 Theta Chi Call Cancelled Loud people 11/01/2024 10:50 pm 1276 Bond R-1 Phi Kappa Psi Negative Violation Loud music and people in backyard 11/01/2024 10:54 pm 1218 Bond R-1 Alpha Sigma Phi Negative Violation Loud Party 11/01/2024 10:54 pm 2090 Hays R-1 Sigma Phi Epsilon Negative Violation Loud music 11/02/2024 09:20 pm 2148 Santa Ynez R-1 Theta Chi Negative Violation Loud music and people 11/02/2024 09:41 pm 1820 Hope St5 R-1 Theta Chi DAC 150 ppl Loud party 11/02/2024 10:49 pm 658 Graves6 R-4 Zeta Beta Tau Report Approved RP 1021 11/02/2024 11:28 pm 1684 Mill St R-2 Delta Sigma Phi “Registered Party” Loud music and people Noise calls in the vicinity of documented fraternity houses but address not specified: 11/01/2024 09:42 pm 1900 Blk Chorro* R-2 Kappa Chi (unaffiliated) No Report Lg party several hundred ppl in street *Kappa Chi fraternity is on the corner of Upham and the 1900 block of Chorro 1 There was a party at 299 Albert but PD log shows call for “Traffic Hazard” with people blocking the street in front of the address. Unsure why the party was not cited as an unruly gathering as it was evident there was a large party there and it caused the street to be blocked. 2 Delta Sigma Phi’s main fraternity house is at 1684/1688 Mill Street which is the same APN. 3 “Description: incid#=241101131 Reassigned to call 1701, completed call 1681” 4 248/250 Grand Ave is an illegal satellite house for Theta Chi. There was a documented rush event on 10/4/2024 at this location. 5 1820 Hope was main chapter house for Theta Chi in 2022-2023 and seems to be main chapter house this year (2024-2025) per their Instagram posts. 6 PD log shows call for “Assault” at 658 Graves, Zeta Beta Tau. 114 From:kathie walker < Sent:Wednesday, November 6, 2024 10:34 PM To:Shoresman, Michelle Subject:Re: Fraternity parties and noise Hi Michelle, I'm so glad you were able to meet with Timmi. I will send a report with the noise calls from last weekend at documented fraternity houses. (I took a mental health day today and disconnected after the presidential election results, but plan to get busy again tomorrow.) I also appreciate your clarification about the information that you find most helpful. Thank you, -Kathie On Wed, Nov 6, 2024 at 10:12 PM Shoresman, Michelle <mshoresm@slocity.org> wrote: HI Kathie, I think we are aware of the issues. What IS helpful is your documenting of the parties that are happening, and the addresses at which they are happening, and the documenting of their frequency. I met with our Community Development Director and City Manager yesterday about this specific issue. I know you know this, but we are working, from a number of angles, on enforcement as we are currently able, including improving communication between code enforcement and PD, reviewing language and looking at existing CUPs and enforcement, and many other potential measures. As you note, we will also continue to work on gaining assistance and coordination from Cal Poly in our efforts. Unfortunately, none of the this is quick. We do appreciate you flagging issues as you can, and sharing information with us. I will take note of the specific instances of parties noted below and ask questions about the citations or lack thereof. Thank you. Michelle 115 From: kathie walker < Sent: Monday, November 4, 2024 12:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Scott, Rick <rscott@slocity.org>; Mickel, Fred <fmickel@slocity.org> Cc: Sandra Rowley < ; Carolyn Smith < ; Brett Cross < Subject: Fraternity parties and noise This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. It was a noisy weekend and I will send a report after the election. But I wanted to sum up the problem in this email. Problem 1 SLO Code Enforcement has met with Cal Poly Greek life administration and advised that fraternity operations are illegal in lower-density neighborhoods, including those near the campus. Despite knowing that fraternity-related events are not permitted in lower-density neighborhoods, Cal Poly administration continues to “approve” and “sanction” fraternity parties at documented fraternity houses in our neighborhood. This has changed the fabric of the City’s neighborhoods and made them unlivable to the average, reasonable person who wants and needs to have the quiet enjoyment of their property. Problem 2 SLO Code Enforcement has contacted property owners of many illegal fraternity houses in the City’s neighborhoods and told them that fraternity operations are against the law, and their property has held documented fraternity events. Despite receiving a notice of violation or advisory letter, the properties continue to host fraternity-related illegal events, including large fraternity parties. These investors are profiting from the rental income from a fraternity and have no stake in the ruination of the quality of life of those who live near their investment properties/fraternity houses, because they -the investors- live in quiet neighborhoods or on large estates. Some of the investors who own multiple properties with illegal fraternity houses and are not personally affected by noise: David Scarry, Sanjay Ganpule, Jerry Lenthall. Problem 3 Code Enforcement and SLOPD do not seem to be sharing information about documented illegal fraternity addresses. This has allowed fraternities to hold disruptive parties without accountability. I've included some party addresses at known fraternity houses from this weekend, below: 1. A legal fraternity is not allowed to register a party.  Documented illegal fraternity houses are registering parties with SLOPD to escape a response from SLOPD if someone calls dispatch about a noisy party. (e.g. Delta Sigma Phi at 1684/1688 Mill Street) 2. A legal fraternity requires a response from SLOPD, not SNAP. 116  SNAP officers are responding to documented illegal fraternity houses in our neighborhoods. (e.g. Sigma Phi Epsilon at 2090 Hays, Theta Chi at 2149 Santa Ynez, Theta Chi at 250 Grand, Phi Kappa Psi at 1276 Bond, Delta Sigma Phi at 1688 Mill, etc.) 3. A legal fraternity is not eligible for a Disturbance Advisement Card (DAC) but is issued a citation when a noise violation is found.  SNAP officers cannot issue citations. They are responding to documented fraternity locations and clearing parties with negative violations or, in some cases, issuing DACs when there are 100 or more people at a party. (e.g. Theta Chi at 1820 Hope Street had 150 people) 4. A legal fraternity is not allowed to clear its citation history through SLOPD’s Early Removal Program.  Property owners of documented illegal fraternity houses with multiple citations, costing the landlord and tenants thousands of dollars, have been allowed to clear their citation history to avoid the financial accountability of expensive noise citations through SLOPD’s “Early Removal Program” (e.g. Phi Sigma Kappa at 348 Hathway Avenue) I'm unsure if 1820 Hope also cleared their history but it was historically the main chapter house for Theta Chi, has a history of noisy parties and citations, but received a DAC this weekend with 150 people at the party. Solution Stop the illegal fraternity events in the city’s neighborhoods by holding Cal Poly and the investor property owners responsible. Obtain the addresses of all fraternity events in our neighborhoods during the last academic year and this academic year from Cal Poly and flag the properties in SLOPD’s system so they are accountable for their disruptive activities. I have already provided the address locations, including social media posts for fraternity rush events this academic year. Declare the properties a public nuisance if necessary, for continued fraternity operations that are making it impossible for residents to rest or sleep. Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. Illegal fraternity properties should not be eligible to register their parties through SLOPD. Also, Alpha Sigma Phi had an enormous party at 299 Albert on 10/31 that completely blocked the streets. The PD log shows the party as a traffic hazard and the party was not cited. I suggest it would be helpful for the city manager and council to view SLOPD video footage from their vehicles and body cams to better understand the disruption caused by fraternities in our neighborhood. Same goes for the Delta Upsilon party at 281 Albert on 11/1. Please watch video of the parties from SLOPD footage from vehicles and body cams. 117 Thank you, Kathie 123 From:Hanh, Hannah Sent:Wednesday, November 6, 2024 3:47 PM To:Celeste Wayne Subject:RE: 1327 Foothill Incomplete Letter Hi Celeste, Here is a screenshot of tandem stalls from the Engineering Standards. No spacing requirement between these spaces. Regarding the request to provide three “columns” of tandem spaces, you can add this request in the project description. It is typically processed as a Director’s Action application. However, since this is a CUP application that would require Planning Commission approval (higher level review than Director), the request can be incorporated into the application and PC make the decision on that request as part of the overall fraternity review. Let me know if you need anything else. Sincerely, Hannah From: Celeste Wayne <Celeste@urbanarena.com> Sent: Wednesday, November 6, 2024 1:35 PM 124 To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: 1327 Foothill Incomplete Letter Hi Hannah, One more question for you, if the parking stalls have to be 18.' x 8.6', do you know how far apart they need to be spaced both side by side and tandem? We are going to propose more than one car parked in a tandem formation for directors action. With 3 cars parked in tandem for a total of 6 cars. We can widen the driveway if needed. Thanks! CELESTE WAYNE Project Designer 3195 Red Hill Avenue, Loft F Costa Mesa, CA 92626 O 714 754 4500 C 714 323 2526 From: Hanh, Hannah <hhanh@slocity.org> Sent: Thursday, October 31, 2024 2:52 PM To: Celeste Wayne <Celeste@urbanarena.com> Subject: RE: 1327 Foothill Incomplete Letter Hi Celeste, Thank you for reaching out. To follow up on our conversation, linked below are the resources related to parking:  2020 Engineering Standards o See Standard 2240 (on page 266 of the 447 page PDF) for the required dimensions of a parking space. Minimum dimensions are a length of 18.4’ and width of 8.6’. o Note – The spaces must be oriented/positioned in a way that requires no more than two maneuvers (defined as a motion in either a forward or backward direction) to enter or exit.  Table 2-10 (R-4 Zone Development Standards) o Parking spaces have a minimum required setback of 20 feet from the front property line.  Section 17.158.044 o Tandem parking is only allowed as a two space arrangement. Let me know if you have any further questions. I am out of the office tomorrow (Friday), but will be able to circle back with you on Monday. Sincerely, Hannah Hanh Associate Planner 125 Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Celeste Wayne <Celeste@urbanarena.com> Sent: Tuesday, October 29, 2024 11:35 AM To: Hanh, Hannah <hhanh@slocity.org> Subject: 1327 Foothill Incomplete Letter This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello Hannah, I wanted to reach out and introduce myself to you. I work for Urban Arena and am handling the edits to the letter you sent regarding the edits you want made to the CUP involving 1327 Foothill Blvd. I have a couple questions for you regarding the parking. I see that you want the required dimensions of the bay widths and stall lengths for each space, required clearances for maneuverability, etc. I also see that the proposed stacked formation cannot be arranged. On the SLO muni code, it says that all parking stalls shall comply with the parking bay dimensions standards for average sized cars as provided in the engineering standard details. Could you provide me with these details please? I see on your response letter that no more than two cars in tandem may be requested. Can you clarify if that means two sets of tandem cars (4 total) or one set (2 total)? Thank you! CELESTE WAYNE Project Designer 3195 Red Hill Avenue, Loft F Costa Mesa, CA 92626 O 714 754 4500 C 714 323 2526 134 From:Purrington, Teresa Sent:Tuesday, November 5, 2024 3:46 PM To:Purrington, Teresa Subject:November Council Monthly Update Attachments:5. November 2024 Council Monthly Update.pdf; 5. November 2024 Council Monthly Update.docx Good afternoon Council, Attached and saved to the City Council file on SharePoint is the November Council Monthly Update document. Your meetings with Whitney start next week. I am still working on rescheduling Emily’s and Jan’s. Thank you, Teresa Bcc: Council_all Teresa Purrington pronouns she/her/hers City Clerk City Administration 990 Palm Street, San Luis Obispo, CA 93401-3218 E TPurring@slocity.org T 805.781.7102 slocity.org Stay connected with the City by signing up for e-notifications 19 Police Department 21 Neighborhood Services:  Noise October 1 - 29: NPSY total calls – 191 , citations – 19 , DAC warnings – 66 , unable to locate – 12, negative violation – 91  October Party Registration – 79 applications received, 50 approved apps, 29 denied, 10 warnings, 0 citations  Halloween safety enhancement covered two weekends, Oct. 24 – 28 & Oct. 31 – Nov. 4.  Outreach included paid social media ads, organic social media posts, in-person outreach to Fraternity and Sorority Life councils and several individual organizations, posters throughout campus, posters on Foothill/California, and posters throughout Downtown 140 From:Hanh, Hannah Sent:Tuesday, November 5, 2024 2:35 PM To:Corey, Tyler Subject:FW: Alpha Epsilon Pi - CUP Re-review …Good news! From: Wallace, Christine <cwallace@slocity.org> Sent: Tuesday, November 5, 2024 2:32 PM To: Sheats, Steven <ssheats@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review Crickets. Turns out when your CUP is in danger, you magically learn how to manage your house so it’s not a nuisance. MAGIC. CW From: Sheats, Steven <ssheats@slocity.org> Sent: Tuesday, November 5, 2024 1:55 PM To: Wallace, Christine <cwallace@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: FW: Alpha Epsilon Pi - CUP Re-review Hey there! Any recent activity from our friends at 280 California? I am curious how Halloween went… Thanks! Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications From: Hanh, Hannah <hhanh@slocity.org> Sent: Tuesday, November 5, 2024 1:15 PM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review 141 Hey Steve, Are you aware of any recent citations from PD for this fraternity? Anything from the past few weekends? Thanks, Hannah From: Sheats, Steven <ssheats@slocity.org> Sent: Wednesday, October 23, 2024 7:43 AM To: Hanh, Hannah <hhanh@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review 142 Typically NOVs are sent to property owners and tenants. If we have other contacts, such as property management, we may or may not choose to send it to them as well. In this particular case, the property management is also on title as the property owner. When I asked the property owner/management to do a conference call with Tyler, Timmi and me she gave me the numbers for the contacts for the fraternity and asked for them to be on as well. Let me know if you have any other questions 뇤눎눐눑눒눏. From: Hanh, Hannah <hhanh@slocity.org> Sent: Tuesday, October 22, 2024 4:20 PM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review Great, thanks Steve. Another question… Is it customary to send NOVs to the property owners, instead of the fraternities? Or were the NOVs sent to the owners because there is no fraternity contact on file? And it was through the property manager that we then established communication with the fraternity? From: Sheats, Steven <ssheats@slocity.org> Sent: Tuesday, October 22, 2024 10:22 AM To: Hanh, Hannah <hhanh@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review I’m not sure how it was handled originally. I don’t think Planning has received any updated contacts for any of the use permits. But from the conference call I was able to get Tyler Corsello (tyler@espondaassociates.org ext. 125) and Corey Cohen (corey@espondaassociates.org) of Esponda Associates who manages the fraternity. -Steve From: Hanh, Hannah <hhanh@slocity.org> Sent: Tuesday, October 22, 2024 9:15 AM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review Hi Steve, Could you let me know how COA 13 was handled? Who are the contacts (and their affiliations) that we have on file? Once I finish my draft report, I may send you a link to review/verify the info. Thanks! 143 From: Hanh, Hannah Sent: Monday, October 21, 2024 3:11 PM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review No problem at all! Thanks for letting me know about your discussions with the current tenants. Glad to hear that it’s going better. Please loop me in if there’s anything relevant from PD. Thank you! From: Sheats, Steven <ssheats@slocity.org> Sent: Monday, October 21, 2024 2:57 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review Oh man, I’m sorry Hannah!! I didn’t mean to leave you hanging on this…my apologies. Timmi, Tyler and myself met with the property management and some of the current tenants. Apparently, none of the current tenants were tenants last year. So it is a new group. They were professional and understanding during the meeting. No activity to speak of so far this school year. I haven’t checked with PD yet but will after sending this. But no other pertinent information I can think of right off the bat. Again, my apologies for lack of response. Thank you! 144 Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications From: Hanh, Hannah <hhanh@slocity.org> Sent: Monday, October 21, 2024 1:44 PM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: Alpha Epsilon Pi - CUP Re-review Hey Steve, Just wanted to follow up on this. Is there any other background info I should be aware of as I’m drafting the staff report? Thanks! Hannah From: Hanh, Hannah Sent: Wednesday, October 9, 2024 4:29 PM To: Sheats, Steven <ssheats@slocity.org> Subject: FW: Alpha Epsilon Pi - CUP Re-review Hi Steve, I wanted to let you know that I am working on the re-review of the fraternity at 280 California. It is on schedule for Planning Commission re-review on November 13th, so I’ll begin writing the staff report in the next week or so. Tyler shared a copy of the CUP resolution and NOV, dated March 13, 2024, with me. Is there any other background information you have on file and could share that would be helpful? Thanks! Sincerely, Hannah Hanh Associate Planner 145 Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Adam Wechsler <aepi.presidentcalpoly@gmail.com> Sent: Tuesday, October 8, 2024 1:02 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: Alpha Epsilon Pi - CUP Re-review This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Hannah, Thank you for reaching out, and I apologize for the delayed response. Yes, November 13th,2024 at 6 P.M. works for me. Thank you once again. Best, Adam Wechsler Alpha Epsilon Pi Fraternity President | ΣΩ Chapter Cal Poly San Luis Obispo | Psychology On Fri, Oct 4, 2024 at 3:52 PM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Adam, Hope you are doing well. I received your contact information from Community Development – Deputy Director, Tyler Corey. I wanted to follow up on City staff’s conversations with you regarding the violations of Alpha Epsilon Pi’s Conditional Use Permit (CUP) at 280 California Blvd. Due to these violations, City staff is initiating a re- review of the CUP with the Planning Commission. I am looking to schedule the Planning Commission hearing for the re-review on Wednesday, November 13, 2024 at 6:00 pm at City Hall. Please let me know if you are able to attend that date and time. Sincerely, 146 Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 174 To keep things in proper perspective, here is our recent noise data:  28% less NSPY calls in October than we did in October 2023.  Year to date, we’re at 13% less calls!  Summer months were in steady decline and then September and October, significant decrease.  We are on pace once again for the new lowest year on record! Jul 132 94 75 53 45 -15% Aug 183 96 69 77 57 -26% Sep 184 179 220 175 141 -19% Q3 499 369 364 305 243 -20% 175 Oct 199 192 188 277 199 -28% Nov 99 93 68 90 0% Dec 39 48 44 66 0% Q3 337 333 300 433 199 -54% Q3 & Q4 836 702 664 738 442 -40% Total 1518 1417 1409 1408 1228 -13% Yr % Chg #REF! -7% -1% 0% - 13% Thank you, Rick From: kathie walker < Sent: Monday, November 4, 2024 12:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Scott, Rick <rscott@slocity.org>; Mickel, Fred <fmickel@slocity.org> Cc: Sandra Rowley < ; Carolyn Smith < ; Brett Cross < Subject: Fraternity parties and noise This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. It was a noisy weekend and I will send a report after the election. But I wanted to sum up the problem in this email. Problem 1 SLO Code Enforcement has met with Cal Poly Greek life administration and advised that fraternity operations are illegal in lower- density neighborhoods, including those near the campus. Despite knowing that fraternity-related events are not permitted in lower-density neighborhoods, Cal Poly administration continues to “approve” and “sanction” fraternity parties at documented fraternity houses in our neighborhood. This has changed the fabric of the City’s neighborhoods and made them unlivable to the average, reasonable person who wants and needs to have the quiet enjoyment of their property. Problem 2 SLO Code Enforcement has contacted property owners of many illegal fraternity houses in the City’s neighborhoods and told them that fraternity operations are against the law, and their property has held documented fraternity events. Despite receiving a notice of violation or advisory letter, the properties continue to host fraternity-related illegal events, including large fraternity parties. These investors are profiting from the rental income from a fraternity and have no stake in the ruination of the quality of life of those who live near their investment properties/fraternity houses, because they -the investors- live in quiet neighborhoods or on large estates. Some of the investors who own multiple properties with illegal fraternity houses and are not personally affected by noise: David Scarry, Sanjay Ganpule, Jerry Lenthall. Problem 3 Code Enforcement and SLOPD do not seem to be sharing information about documented illegal fraternity addresses. This has allowed fraternities to hold disruptive parties without accountability. I've included some party addresses at known fraternity houses from this weekend, below: 1. A legal fraternity is not allowed to register a party.  Documented illegal fraternity houses are registering parties with SLOPD to escape a response from SLOPD if someone calls dispatch about a noisy party. (e.g. Delta Sigma Phi at 1684/1688 Mill Street) 176 2. A legal fraternity requires a response from SLOPD, not SNAP.  SNAP officers are responding to documented illegal fraternity houses in our neighborhoods. (e.g. Sigma Phi Epsilon at 2090 Hays, Theta Chi at 2149 Santa Ynez, Theta Chi at 250 Grand, Phi Kappa Psi at 1276 Bond, Delta Sigma Phi at 1688 Mill, etc.) 3. A legal fraternity is not eligible for a Disturbance Advisement Card (DAC) but is issued a citation when a noise violation is found.  SNAP officers cannot issue citations. They are responding to documented fraternity locations and clearing parties with negative violations or, in some cases, issuing DACs when there are 100 or more people at a party. (e.g. Theta Chi at 1820 Hope Street had 150 people) 4. A legal fraternity is not allowed to clear its citation history through SLOPD’s Early Removal Program.  Property owners of documented illegal fraternity houses with multiple citations, costing the landlord and tenants thousands of dollars, have been allowed to clear their citation history to avoid the financial accountability of expensive noise citations through SLOPD’s “Early Removal Program” (e.g. Phi Sigma Kappa at 348 Hathway Avenue) I'm unsure if 1820 Hope also cleared their history but it was historically the main chapter house for Theta Chi, has a history of noisy parties and citations, but received a DAC this weekend with 150 people at the party. Solution Stop the illegal fraternity events in the city’s neighborhoods by holding Cal Poly and the investor property owners responsible. Obtain the addresses of all fraternity events in our neighborhoods during the last academic year and this academic year from Cal Poly and flag the properties in SLOPD’s system so they are accountable for their disruptive activities. I have already provided the address locations, including social media posts for fraternity rush events this academic year. Declare the properties a public nuisance if necessary, for continued fraternity operations that are making it impossible for residents to rest or sleep. Illegal fraternity properties should not be eligible for a DAC and should receive a citation for a noise violation which means SLOPD responds. Illegal fraternity properties not be eligible for Early Removal through SLOPD to wipe their citation history clean. Illegal fraternity properties should not be eligible to register their parties through SLOPD. Also, Alpha Sigma Phi had an enormous party at 299 Albert on 10/31 that completely blocked the streets. The PD log shows the party as a traffic hazard and the party was not cited. I suggest it would be helpful for the city manager and council to view SLOPD video footage from their vehicles and body cams to better understand the disruption caused by fraternities in our neighborhood. Same goes for the Delta Upsilon party at 281 Albert on 11/1. Please watch video of the parties from SLOPD footage from vehicles and body cams. Thank you, Kathie 179 From: Public Records Act Officer <pra@calpoly.edu> Sent: Monday, November 4, 2024 3:19 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Public Records Act Officer <pra@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Question Good Afternoon, John, Thank you for your message and your patience. Please see the attached correspondence concerning your records request. Please let me know if you have any questions. Sincerely, Kevin Cushing He/Him/His (Pronouns Matter) Civil Rights & Compliance Analyst and Public Records Access Officer Civil Rights & Compliance Office – Public Records Access Unit Bld. 33, Rm. 290, 1 Grand Avenue San Luis Obispo, CA 93407 ___________ (805) 756-6770 (CRCO Main Line) (805) 756-1420 (Direct Line) ___________ pra@calpoly.edu 180 _______________________________________________________________________________ THIS MESSAGE MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE REPLY TO SENDER AND DELETE THE MESSAGE AND ANY ATTACHMENTS. From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, October 31, 2024 3:09 PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Kevin Cushing <kcushing@calpoly.edu>; Public Records Act Officer <pra@calpoly.edu> Subject: RE: Question Thank you for forwarding my request, Elizabeth. I look forward to a response on Monday. Kevin, please let me know if you need anything else from me. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Monday, October 28, 2024 6:37 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Question This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi John, I hope you’re doing well! I have forwarded your request to Cal Poly’s Public Records Access Officer, Kevin Cushing, who addresses records requests made on the University. You will receive a response from the PRA Officer/PRA Unit within 10 days from the date of your request. Questions concerning your records request can be sent to pra@calpoly.edu. In the meantime, I can share with you our publicly posted our AB 524 report which may have some of the information that you are seeking. Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life 181 Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Mezzapesa, John <JMezzape@slocity.org> Date: Friday, October 25, 2024 at 11:51 AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Question HI Elizabeth, I was wondering if you would be willing to share if your records have any fraternity/sorority events registered at any of the following addresses to take place in the near future or within the last year:  12 Hathway  171 Orange  132 California  1218/1220 Bond  1327 Foothill  1684/1688 Mill  281 Hathway  1229 Fredericks  260 Chaplin  348/350 Hathway  66 Rafael  2090 Hays  1525 Slack  496 Kentucky/1350 Stafford  654/358 Graves  146 Stenner  385 Chaplin  301 Hathway If so, can you please provide the date and name of the organization that held each event at each address? Let me know. Thanks, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 186 From:Tway, Timothea (Timmi) Sent:Monday, November 4, 2024 4:09 PM To:Dietrick, Christine; McDonald, Whitney Subject:FW: Question Attachments:11-4-2024 Mezzapesa Final PRA Letter.pdf Answers some questions… From: Public Records Act Officer <pra@calpoly.edu> Sent: Monday, November 4, 2024 3:19 PM To: Mezzapesa, John <JMezzape@slocity.org> Cc: Public Records Act Officer <pra@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Question Good Afternoon, John, Thank you for your message and your patience. Please see the attached correspondence concerning your records request. Please let me know if you have any questions. Sincerely, 187 Kevin Cushing He/Him/His (Pronouns Matter) Civil Rights & Compliance Analyst and Public Records Access Officer Civil Rights & Compliance Office – Public Records Access Unit Bld. 33, Rm. 290, 1 Grand Avenue San Luis Obispo, CA 93407 ___________ (805) 756-6770 (CRCO Main Line) (805) 756-1420 (Direct Line) ___________ pra@calpoly.edu _______________________________________________________________________________ THIS MESSAGE MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE REPLY TO SENDER AND DELETE THE MESSAGE AND ANY ATTACHMENTS. From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, October 31, 2024 3:09 PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Kevin Cushing <kcushing@calpoly.edu>; Public Records Act Officer <pra@calpoly.edu> Subject: RE: Question Thank you for forwarding my request, Elizabeth. I look forward to a response on Monday. Kevin, please let me know if you need anything else from me. John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Monday, October 28, 2024 6:37 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Question This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi John, 188 I hope you’re doing well! I have forwarded your request to Cal Poly’s Public Records Access Officer, Kevin Cushing, who addresses records requests made on the University. You will receive a response from the PRA Officer/PRA Unit within 10 days from the date of your request. Questions concerning your records request can be sent to pra@calpoly.edu. In the meantime, I can share with you our publicly posted our AB 524 report which may have some of the information that you are seeking. Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Mezzapesa, John <JMezzape@slocity.org> Date: Friday, October 25, 2024 at 11:51 AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Question HI Elizabeth, I was wondering if you would be willing to share if your records have any fraternity/sorority events registered at any of the following addresses to take place in the near future or within the last year:  12 Hathway  171 Orange  132 California  1218/1220 Bond  1327 Foothill  1684/1688 Mill  281 Hathway  1229 Fredericks  260 Chaplin  348/350 Hathway  66 Rafael  2090 Hays  1525 Slack  496 Kentucky/1350 Stafford  654/358 Graves  146 Stenner  385 Chaplin  301 Hathway If so, can you please provide the date and name of the organization that held each event at each address? Let me know. Thanks, John Mezzapesa Interim Deputy Building Official 189 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 Public Records Access Unit Civil Rights & Compliance Office Office: 805-756-6770 pra@calpoly.edu 1 GRAND AVENUE • SAN LUIS OBISPO • CALIFORNIA • 93407 • 805-756-6770 PRA@ CALPOLY.EDU November 4, 2024 SENT VIA ELECTRONIC MAIL John Mezzapesa Interim Deputy Building Official Community Development, Building and Safety City of San Luis Obispo JMezzape@slocity.org Re: Cal Poly’s Final Response to Public Records Act Request Dear Mr. Mezzapesa: Cal Poly received your October 25, 2024, Public Records Act request for the following records: I was wondering if you would be willing to share if your records have any fraternity/sorority events registered at any of the following addresses to take place in the near future or within the last year: 1. 12 Hathway 2. 171 Orange 3. 132 California 4. 1218/1220 Bond 5. 1327 Foothill 6. 1684/1688 Mill 7. 281 Hathway 8. 1229 Fredericks 9. 260 Chaplin 10. 348/350 Hathway 11. 66 Rafael 12. 2090 Hays 13. 1525 Slack 14. 496 Kentucky/1350 Stafford 15. 654/358 Graves 16. 146 Stenner 17. 385 Chaplin 18. 301 Hathway 2 Cal Poly has reviewed your request for records under Government Code §7922.535 and has determined that the records you seek are not public records and therefore are not subject to the California Public Records Act (Cal. Gov’t Code §7920.530). The California Public Records Act (CPRA) provides access to public records, which is defined as “any writing containing information relating to the conduct of the public’s business.” Cal. Govt. Code §7920.530. The CPRA is designed “to ensure public access to vital information about the government’s conduct of its business.” City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008, 1019-1020. Records concerning the addresses where fraternity/sorority registered events occurred (i.e., student residential addresses) are not records regarding the conduct of the university’s business. To the extent that the university may have information concerning the addresses of fraternity/sorority events, disclosure of such records does not contribute to the public's understanding of the university's business and therefore they are not public records to be disclosed under the California Public Records Act. Even if the requested records could be construed as public records, they would be subject to the following exemptions which would require that they be withheld: • Materials that reflect student education records or may violate student privacy. Cal. Govt. Code §§7927.705, 7922.000; 21 U.S.C. §1232g. • General Privacy Rights. Cal. Govt. Code §7927.705; Cal. Const. Art. 1, §1. • Records where the public interest against disclosure outweighs the public interest in disclosure. Cal. Govt. Code §7922.000. The information that Cal Poly is able to provide concerning fraternity/sorority registered events can be found in our 2023-2024 Campus Recognized Sorority and Fraternity Transparency Act Report (see Cal. Ed. Code § 66310 et seq) which is posted on the below listed at the below web address: https://greeklife.calpoly.edu/reports As Cal Poly’s Public Records Access Officer, I made the decision that certain records are exempt and will not be disclosed. If you have any questions, please contact the Public Records Access Unit at pra@calpoly.edu. Sincerely, Kevin Cushing Public Records Access Officer Civil Rights & Compliance Office – Public Records Access Unit California Polytechnic State University 197 From:Loretta Bonjour < Sent:Monday, November 4, 2024 2:20 PM To:Hanh, Hannah Subject:planning commission hearing notice This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. You sent me a notice for 280 California Blvd regarding a fraternity permit. I do not own the property at this address, and I do not have or ever had a fraternity. I own the property at 250 California Blvd. and it is an apartment complex. Also, to my knowledge, we have not had a single complaint in several years. We run a pretty tight ship and have no tolerance for any nonsense. I'd appreciate it if you would get your records straight and send this notice to the appropriate owner. If you have any questions please call me at ( I will answer my phone. Loretta Bonjour Cal Park, LLC 203 From:Wilbanks, Megan Sent:Monday, November 4, 2024 10:31 AM To:Colunga-Lopez, Andrea Subject:FW: SCLC Meeting #25-03, October 16, 2024 Attachments:SCLCPacket_25-03_10-16-24.pdf From: Hermann, Greg <GHermann@slocity.org> Sent: Thursday, October 17, 2024 3:05 PM To: CityClerk <CityClerk@slocity.org> Subject: Fw: SCLC Meeting #25-03, October 16, 2024 Greg Hermann pronouns he/him/his Interim Assistant City Manager City Administration 919 Palm Street, San Luis Obispo, CA 93401-3218 E ghermann@slocity.org T 805.781.7194 C 805.440.1330 slocity.org Stay connected with the City by signing up for e-notifications From: sclc-request@calpoly.edu <sclc-request@calpoly.edu> on behalf of Tracy L. Watson <twatson@calpoly.edu> Sent: Tuesday, October 15, 2024 3:32 PM To: sclc@calpoly.edu <sclc@calpoly.edu> Subject: SCLC Meeting #25-03, October 16, 2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello SCLC, Attached you will find this week's SCLC meeting packet. See you Thursday. Thank you. Tracy Watson 204 She/Her Administrative Assistant II, Student Government Associated Students, Inc. California Polytechnic State University 1 Grand Ave. San Luis Obispo, CA 93407-0675 P: 805-756-1292 | F: 805-756-6166 asi.calpoly.edu Cal Poly sits on the traditional lands of the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. The yak titʸu titʸu yak tiłhini have a documented presence in this area for over 10,000 years. The tiłhini peoples have stewarded their ancestral and unceded homelands which include all of the cities, communities, federal and state open spaces within the San Luis Obispo County region. These homelands extend East into the Carrizo Plains toward Kern County, South to the Santa Maria River, North to Ragged Point, and West beyond the ocean’s shoreline in an unbroken chain of lineage, kinship, and culture. SCLC Agenda Meeting #25-03 October 16, 2024 3:10 p.m. to 5:00 p.m. City Hall Hearing Room 990 Palm Street A. Call to Order B. Introductions C. Approval of Meeting Minutes a) #25-02, September 19, 2024 D. Open Forum E. Reports a) Chair/Vice Chair – Ashleigh Spragins/Lucia Landeros b) San Luis Obispo City Manager – Whitney McDonald c) Neighborhood Wellness Civility Report – Christine Wallace d) Residents for Quality Neighborhoods – Brett Cross e) Community Representative Reports – Abe Lincoln & Mila Vujovich-LaBarre F. Old Business a) None G. New Business a) Presentation: SLO Solutions – Nicolina Galante b) Proposal: Meet Your Neighbors Campaign – Colin Shea c) Discussion: Outreach/Engagement – Roy Murphy d) St. Patrick’s Day 2025 Updates H. Voting Members Reports (1 minute) I. Announcements J. Adjournment K. Next meeting: November 21, 2024 SCLC Meeting #25-02, September 19, 2024 Location: San Luis Obispo, City Hall Hearing Room 3:10-5:00 p.m. Voting Members Present Ashleigh Spragins - Cal Poly - ASI President, SCLC Chair Lucia Landeros - Cuesta-ASCC President, SCLC Vice Chair Taylor Brandenburg – Panhellenic Council President Brett Cross – City of SLO-Residents for Quality Neighborhoods (RQN) Michelle Crawford - Cal Poly-ASI Executive Director Whitney McDonald - City of SLO- City Manager Fred Mickel – City of SLO – SLOPD Chief of Police Designee Christopher Mutshnick – Cuesta College – Director of Student Engagement Joy Pedersen - Cal Poly – Dean of Students Nicolina Galante - Creative Mediation-SLO Solutions Designee Anders Ruud - Cal Poly – Interfraternity Council Representative Colin Shea – Cal Poly – Student-at-Large Erica A. Stewart - City of SLO –Mayor Mila Vujovich-LaBarre – City of SLO – Geographic Neighborhoods Association Christine Wallace – City of SLO – SLOPD - Public Affairs Manager Voting Members Absent Debbie Arnold – County of SLO – Board of Supervisors Elizabeth Coria - Cuesta College – Vice President of Student Success and Support Programs Evelyn Gutierrez – Cal Poly – United Fraternity & Sorority Council Representative Abe Lincoln – City of SLO – Community Member-at-Large Roy Murphy – Cuesta - Student-at-Large Non-Voting Members Present Matthew Armas – Cal Poly – Student Rights & Responsibilities Elizabeth Aielo-Coppola – Cal Poly – Fraternity & Sorority Life Andy Pease – City of SLO-City Council Member Meghan Schuler-Jones – Cal Poly, ASI Executive Director Designee Tracy Watson - Cal Poly-ASI Administrative Assistant II, Note taker Non-Voting Members Absent George Hughes – Cal Poly - University Police Department, Chief of Police Guests Icole Aichele – Cal Poly, Leadership & Service Debi Hill – Cal Poly, Student Affairs Jason Mockford – Cal Poly, Leadership & Service Matthew Armas – Cal Poly, Office of Student Rights & Responsibilities Brad Pulcipher – Cal Poly, Office of Student Rights & Responsibilities Kathie Walker – City of SLO – Resident A. Call to Order a. Ashleigh called the meeting to order at 3:11 p.m. b. Silent roll call was taken and with 14 voting members in attendance, quorum was met. B. Approval of Meeting Minutes - #25-02, September 19, 2024 a. Minutes stand approved by consent. C. Open Forum a. None D. Reports a. Chair/Vice Chair, Ashleigh Spragins, Lucia Landeros 1. Ashleigh gave an update on the Neighborhood Wellness Civility Report stating a memo was written showing action items as complete. 2. She reported that a statement was received from CSU Legal Counsel stating that fraternities and sororities are not obligated to provide addresses for privacy and security reasons. 3. Lucia shared events taking place at Cuesta including Latinx Heritage month and a special election for filling positions at Cuesta. b. City Manager – Whitney McDonald 1. Whitney gave an update on the project in collaboration with the City and Cal Poly including Vista Meadows and Grand Avenue. 2. Transit services have been added to support school schedules. 3. North Chorro greenway has been completed and a ribbon cutting was held. c. Neighborhood Wellness Civility Report – Christine Wallace i. Christine gave an update on the Safety Enhancement Zone for Cal Poly move in and the marketing campaign. Communication efforts included speaking to WOW leaders, Greek Life president’s, postcards, and social media. Safety plans are in place for Halloween activities. d. Residents for Quality Neighborhoods – Brett Cross i. Brett announced the annual RQN dinner and encouraged members to attend. ii. At the RQN board meeting, discussion took place on university housing or lack thereof. e. Community Representatives Reports – Abe Lincoln & Mila Vujovich-LaBarre i. Mila recommended that neighbors introduce themselves to start on a positive note. ii. She expressed concerns for students on bikes to not run stop signs and stay illuminated to avoid further accidents. iii. She stated that were concerns shared from “Moms” about no soap dispensers downtown. iv. Mila recommended that SCLC should provide funding and resources on how to be a good neighbor. v. Abe - Absent E. Old Business a. 2024-25 SCLC Meeting Schedule 1. Motion #1 (Landeros/Vujovich-LaBarre) “Move to approve the 2024-25 SCLC meeting schedule.” 2. Lucia mentioned that schedules were adjusted so dates presented have no conflicts. 3. Motion passed unanimously. F. New Business a. WOW Presentation – Debi Hill i. Debi Hill, Associate Vice President Student Affairs, gave a presentation on the New Student and Transition Programs over the summer and beginning fall quarter including Open House, SLO Days, and Week of Welcome (WOW). She shared the highlights and goals of each program. a. Open House is a showcase of the Cal Poly campus to prospective students, their families, and supporters, and the community while offering a glimpse into life as a Mustang b. SLO Days is a critical orientation process for first-time freshman and transfer students to participate in different SLO Days experiences. Parent and supporter SLO Days sessions are offered the same days as the student sessions and are geared toward the parent/supporter experience. With 13 sessions, 6,300 students and 3,000 parents and supporters in attendance. c. Week of Welcome (WOW) is the official beginning of a student’s experience as a Cal Poly Mustang. WOW will continue to provide opportunities for friendships, connection to Cal Poly, and the SLO community, b. Neighborhood Meet and Greet Update i. Members shared ideas for neighborhood meet and greets. 1. Welcome back video from student leaders, city officials and community members. 2. Colin shared an idea for a proposal for next quarter to use SCLC funds for a “Meet Your Neighbor competition. Take a selfie with neighbor, offer prizes. Suggestions from members included: a. Restaurants might sponsor prizes/gifts b. Work with the city’s communication outlets c. Encourage building relationships with neighbors. d. Option to opt out on providing a selfie picture but still be able to participate. e. Cuesta students could be longtime residents. Engage all SLO County to make it equitable for all students. f. Colin will take the suggestions, create the proposal, and present at the next meeting. c. Define 2024-25 Goal Setting i. Continuation of the colored sticky note activity from the last meeting, Ashleigh shared the results. 1. Pink – Build relationships, networking, building community 2. Orange – Personal intensions, tangible results, initiatives 3. Blue – Group intensions, foster community, respectful and positive outcomes. 4. Green – Goals – Presentations, Subcommittees, productive conversations, follow up practices 5. Green – Primary Initiatives – annual Welcome Back event, good neighbor education, renters’ rights education, and St. Patrick’s Day. ii. Members discussed St. Patrick’s Day as a pertinent issue and what change is needed. Recommendations included inviting Cal Poly Task Force for a presentation. This would identify what has already been done so as not to duplicate efforts. Add St. Patrick’s Day discussion as a standing discussion item on the agenda. G. Voting Member Reports a. Voting members gave their reports. b. Christine shared the noise report. See attached. H. Announcements I. Adjournment - Meeting adjourned at 5:05 p.m. Memorandum TO: SCLC Voting Members DATE: October 15, 2024 FROM: Colin Shea COPIES: T. Watson Cal Poly Student Member-at-Large SUBJECT: Proposal for up to $500 for the purchase of prizes to be distributed to the three winners of the 2024 Meet your Neighbors Competition. PROPOSAL: To seek up to $500 in funding for the purchase of prizes that are outlined below to be distributed to the three winners of the 2024 Meet your Neighbors Competition. RATIONALE: The purchase of the prizes would be an incentive for neighbors and members of the community to meet their neighbors to achieve this initiative's goal. The goal is to encourage both students and full-time residents to meet their neighbors, strengthen community ties, and create a more inclusive atmosphere. COMPETION DETAILS: Participants will be encouraged to meet their neighbors, submit a selfie together or fun facts about their neighbors, through a designated Microsoft Form. Each submission will count as an entry. At the competition's end, a raffle will be run, and winners will be announced. Residents will have the option on the Microsoft Form to opt out of their photo being posted at the event's completion. Winners will have the option to choose one of the following prizes and will be ordered when chosen: - HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer - Amazon Echo Dot (5th Gen, 2022 release) - Apple AirPods 4 Wireless Earbuds - Apple AirTag 4 Pack The competition will not only foster interactions between neighbors but also encourage positive interactions within the community, especially between students and long-term residents. The competition will run from Wednesday October 23rd to Wednesday October 30th with the winners to be announced Friday October 25th. RECOMMENDATION: To achieve the new goal the following is proposed: • Approve an expenditure of up to $500 to purchase prizes listed above to be used to order prizes after winner have been announced. IMPACT: SCLC has a current available funding balance of $12,260. • This proposed expenditure, if approved, would result in an available funding balance of $11,760. COMMUNICATION PLAN The use of Instagram will be the focus of the communication plan. Potential partners to post will include ASI, City of SLO, Cuesta, SLOPD and any other Instagrams that are willing to post. Word of Mouth will be important during this campaign. The graphic that will be made by ASI Marketing team. LINKS TO PRIZES: HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer Amazon Echo Dot (5th Gen, 2022 release): Apple AirPods 4 Wireless Earbuds: Apple AirTag 4 Pack: 11 From:Tway, Timothea (Timmi) Sent:Saturday, November 2, 2024 4:36 PM To:kathie walker Subject:Re: cc Walker - Noise Report 10/25 -10/26/2024 Hi Kathie, PD and Code Enforcement work closely together on these issues continually, but I can't speak to what information PD reference in the field, etc. I will say that we have internal meetings set up (one next week) to discuss strategy and coordination on this issue amongst departments given the impact and complexity of the issue. Thanks, Timmi From: kathie walker < Sent: Friday, November 1, 2024 1:07:56 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Re: cc Walker - Noise Report 10/25 -10/26/2024 Hi Timmi, Does SLOPD and Code Enforcement communicate about illegal fraternity parties? The one last weekend at 1229 Fredericks is one example that could have been verified by SLOPD, even though it was not cited for noise, because it was an obvious fraternity party. Is there a database of illegal fraternities that are cross-referenced with SLOPD responses? Is CDD communicating with SLOPD about the illegal or unpermitted fraternity addresses? Thank you for your help. -Kathie 212   From: CityClerk <CityClerk@slocity.org> Sent: Wednesday, October 30, 2024 12:46 PM To: kathie walker < Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: cc Walker - Noise Report 10/25 -10/26/2024 BCC: Council All Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and Timmi Tway, Community Development Director who is responsible for responding is copied on this email. Timmi or a member of her staff will be following up with you within two business days. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Tuesday, October 29, 2024 6:57 PM 213 To: E-mail Council Website <emailcouncil@slocity.org> Subject: Noise Report 10/25 -10/26/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were seven noise complaints to documented fraternity houses the weekend of 10/25 - 10/26/2024, and an additional three calls were "in the area" of documented fraternity houses, with no specific address listed. A one-page report is attached. We left town on Thursday, got home after 9 pm on Saturday 10/26, and when we arrived, we saw/heard a huge fraternity party at 1229 Fredericks Street, which is the main chapter house for Phi Gamma Delta. SLOPD did not cite the noisy party. At least 100 guests left the party when the officer arrived. The neighborhood was active and there was a parade of noisy guests in front of our house, to and from the fraternity party at 1229 Fredericks, for over an hour. This is one of the side effects of a fraternity that is overlooked but impactful to those who live near them. Real estate investor, David Scarry, owns the property at 1229 Fredericks and was issued a Notice of Violation for illegal fraternity operations at that location. Still, Phi Gamma Delta continues to operate its main chapter house at 1229 Fredericks, including rush events earlier this month and the Halloween party this weekend. I am confident the fraternity registered the party this weekend (and other events) with Cal Poly's Greek Life office, and the party was 'sanctioned' by Cal Poly in our lower-density residential neighborhood. There were nearly 50 calls to SLOPD for noise complaints over the weekend. The dispatch log shows some DACs were issued by SNAP, but no noise citations were issued by SLOPD. Thank you for your help in solving the problem of illegal fraternity houses in our neighborhoods. -Kathie 214 From:McDonald, Whitney Sent:Friday, November 1, 2024 8:55 PM To:Hermann, Greg; Dietrick, Christine Subject:Weekly Update Attachments:Fwd: Fire call for service -241029089 Good evening, Mayor and Council. I have a handful of updates to share with you all from this week:   Cal Poly Meeting – On Wednesday (10/30), I met with Courtney Kienow, Jennifer Haft, and Allison Baird- James and discussed the need for greater coordination/information sharing regarding St. Fratty’s Day, and greater involvement of Cal Poly in holding fraternities accountable for behavior occurring in our city. They took notes and said they have work to do on each of these issues. Our next step is to schedule a meeting with Cal Poly to discuss fraternity enforcement along with Timmi’s team, which Courtney is helping to coordinate. I’m happy to elaborate when we meet for our next one-on-one meetings.  Hope you all have a wonderful weekend, and enjoy the extra hour of sleep on Sunday morning as we fall backward with the end of daylight savings time! Best, 215 Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications 216 From:Wallace, Christine Sent:Friday, November 1, 2024 1:39 PM To:SLO Realty and Property Mgmt Subject:RE: 12 Hathway Via the link I provided in my first email. From: SLO Realty and Property Mgmt <slorpm@hotmail.com> Sent: Friday, November 1, 2024 1:35 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 12 Hathway Where are the eforms? Thank you, Shannon Blaney SLO Realty & Property Management 1601 Osos Street San Luis Obispo, CA 93401 Phone: (805) 784-0946 Website:slorpm.com E-mail: slorpm@hotmail.com Confidential Notice: This E-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Wallace, Christine <cwallace@slocity.org> Sent: Friday, November 1, 2024 1:11 PM To: SLO Realty and Property Mgmt <slorpm@hotmail.com> Subject: RE: 12 Hathway Great, thank you. I’ll be here until about 2pm today, if you are able to submit the e-forms, I can get the properties off the list before the weekend. Best, CW 217 From: SLO Realty and Property Mgmt <slorpm@hotmail.com> Sent: Friday, November 1, 2024 1:08 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 12 Hathway No, they are not! Thank you, Shannon Blaney SLO Realty & Property Management 1601 Osos Street San Luis Obispo, CA 93401 Phone: (805) 784-0946 Website:slorpm.com E-mail: slorpm@hotmail.com Confidential Notice: This E-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Wallace, Christine <cwallace@slocity.org> Sent: Friday, November 1, 2024 1:06 PM To: SLO Realty and Property Mgmt <slorpm@hotmail.com> Subject: RE: 12 Hathway Hi Shannon, I don’t believe I got this info from you as I’m seeing both are still on the noise “no warning” list. I’m using an e-form now, please submit one Early Removal request for each property. https://forms.slocity.org/Forms/Early_Removal Are these properties still being occupied by the same fraternities? Best, Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 218 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: SLO Realty and Property Mgmt <slorpm@hotmail.com> Sent: Friday, November 1, 2024 12:42 PM To: Wallace, Christine <cwallace@slocity.org> Subject: 12 Hathway This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Christine, I am writing this email to let you know that 12 Hathway and 322 Hathway are new groups of tenants this year for the "warning list" for noise violations. I can't remember if I put this down or not. Thank you, Shannon Blaney SLO Realty & Property Management 1601 Osos Street San Luis Obispo, CA 93401 Phone: (805) 784-0946 Website:slorpm.com E-mail: slorpm@hotmail.com Confidential Notice: This E-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 227 From:Tway, Timothea (Timmi) Sent:Friday, November 1, 2024 12:54 PM To:kathie walker Cc:Mezzapesa, John; CityClerk Subject:RE: cc Walker - Noise Report 10/25 -10/26/2024 Thank you, Kathie, This information has been provided to the Code Enforcement Team and they will open code enforcement cases as appropriate. Thank you, Timmi From: CityClerk <CityClerk@slocity.org> Sent: Wednesday, October 30, 2024 12:46 PM To: kathie walker < Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: cc Walker - Noise Report 10/25 -10/26/2024 BCC: Council All Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and Timmi Tway, Community Development Director who is responsible for responding is copied on this email. Timmi or a member of her staff will be following up with you within two business days. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Tuesday, October 29, 2024 6:57 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Noise Report 10/25 -10/26/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were seven noise complaints to documented fraternity houses the weekend of 10/25 - 10/26/2024, and an additional three calls were "in the area" of documented fraternity houses, with no specific address listed. A one- page report is attached. 228 We left town on Thursday, got home after 9 pm on Saturday 10/26, and when we arrived, we saw/heard a huge fraternity party at 1229 Fredericks Street, which is the main chapter house for Phi Gamma Delta. SLOPD did not cite the noisy party. At least 100 guests left the party when the officer arrived. The neighborhood was active and there was a parade of noisy guests in front of our house, to and from the fraternity party at 1229 Fredericks, for over an hour. This is one of the side effects of a fraternity that is overlooked but impactful to those who live near them. Real estate investor, David Scarry, owns the property at 1229 Fredericks and was issued a Notice of Violation for illegal fraternity operations at that location. Still, Phi Gamma Delta continues to operate its main chapter house at 1229 Fredericks, including rush events earlier this month and the Halloween party this weekend. I am confident the fraternity registered the party this weekend (and other events) with Cal Poly's Greek Life office, and the party was 'sanctioned' by Cal Poly in our lower-density residential neighborhood. There were nearly 50 calls to SLOPD for noise complaints over the weekend. The dispatch log shows some DACs were issued by SNAP, but no noise citations were issued by SLOPD. Thank you for your help in solving the problem of illegal fraternity houses in our neighborhoods. -Kathie 237 From:City of San Luis Obispo <communications@slocity.org> Sent:Thursday, October 31, 2024 5:06 PM To:Aichouri, Mohamed Subject:New Public Notice Available This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. 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Recent public notices posted by the City of San Luis Obispo: City Council Public Hearing Posted on Thurs, 31 Oct 2024, 8:32 AM The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday, November 12, 2024, at 5:30 p.m. in the Council Chambers at City Hall to consider a final resolution to abandon portions of the City right-of-way to accommodate a Cal Poly faculty and staff housing project… Read the full public notice » Planning Commission Public Hearing Posted on Thurs, 31 Oct 2024, 8:42 AM The San Luis Obispo Planning Commission will hold a Regular Meeting on Wednesday, November 13, 2024 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo and will re-review an existing Conditional Use Permit for a fraternity… Read the full public notice » 238 Copyright © 2024 City of San Luis Obispo, All rights reserved. You are receiving this email because you opted in at our website. Our mailing address is: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. 243 From:Jason Mockford <jmockfor@calpoly.edu> Sent:Thursday, October 31, 2024 11:31 AM To:Tway, Timothea (Timmi); Courtney Leigh Kienow; Mezzapesa, John; Loew, Michael Cc:Elizabeth Aiello-Coppola Subject:RE: Fraternities and Outreach Thank you Timmi. See you then. Jason Mockford (he, him, his) Senior Director, Leadership & Service | Student Affairs | Cal Poly | San Luis Obispo, CA 93407-0208 | leadandserve.calpoly.edu | 805-756- 2476 Futuristic • Strategic • Relator • Ideation • Adaptability From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Thursday, October 31, 2024 10:27 AM To: Courtney Leigh Kienow <ckienow@calpoly.edu>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Fraternities and Outreach Hi All, It looks like Greg, Whitney, and myself have availability on November 13 from 4-5 PM. I have booked a room here at Community Development, please let me know if that still works! Thanks, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Friday, October 25, 2024 1:32 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Perfect. Thanks Timmi and you too! Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Friday, October 25, 2024 at 1:27 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Fraternities and Outreach 244 Thank you, Courtney! Let me reach out to Whitney/Greg and see if they want to be included and get back to you on dates. Have a nice weekend, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, October 24, 2024 1:35 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Hi! All of these work for our team: October 29th 10-11am, 1-2pm November 12th 3:15-5pm November 13th 11-noon, 3:15-5pm November 14th 2:15-4:15pm November 19th 4-5pm We’ve had a few conversations with Whitney and Greg recently as well that lead me to believe they may want to participate with us. It would be great to get all questions out to the group that we’re hoping to answer and get clarity on prior to the meeting to make sure we’re prepared to have the most productive, informative conversation possible. We’re hoping that the result of this conversation can be a greater understanding of options, limitations and commitment to deeper partnership and communication. Looking forward to it, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Wednesday, October 16, 2024 at 5:28 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: RE: Fraternities and Outreach Hi Courtney, It was nice to see you yesterday. Yes, I think meeting would be helpful. I appreciate that you have added the language regarding the code requirements for the students. When we meet, John can share more about the numbers and impacts we have seen this year. In addition to impacts to neighbors, as you saw last night, this is an issue that is of increasing interest to City leadership as well. Please let me know when you all have an hour or hour and a half of availability, maybe in early/mid November to meet and we can get something on the books, 245 Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Tuesday, October 15, 2024 9:12 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Subject: Re: Fraternities and Outreach This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timmi, I am so sorry. I drafted a response immediately and just realized I forgot to hit send. Thank you for this message. We appreciate all opportunities to hear about neighborhood impacts and educate our students about our expectations for being respectful neighbors on top of the ways that we already do. Can you give me some context on how this year’s numbers are comparing to years past? We want to help but I would be interested to know how we’re measuring up this year. I wonder if it would be helpful for all of us to meet again to look at the messages that are going out, the citations that are being written, and brainstorm around any tweaks that need to be made. It also seems like parties should be responded to as parties, whether they are fraternities throwing them or not. Just because a fraternity party is thrown at a particular house, doesn’t mean that it’s a fraternity house and therefore, doesn’t seem like it should necessitate a CUP, especially with the definition provided in city code. Christine Wallace recently met with all the council officers and presidents from the 3 councils (some of them she met with twice). We can share details about the council meeting times for this quarter if she or someone from your department would like to send someone else. We also made the disclaimer changes to the event registration form that we talked about in our last meeting. Now, when fraternities or sororities submit their event with us, we notify them that the submission does not mean that the event is in compliance with city code and that they should understand those requirements before hosting an event and abide by those rules. Sincerely, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Monday, October 7, 2024 at 3:21 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: Fraternities and Outreach Hi Courtney, Elizabeth, and Jason, 246 I hope you all had a nice weekend. As you can imagine, we have begun receiving complaints about fraternity parties at houses in the single-family neighborhoods where fraternity houses are not allowed. I wanted to follow up with this group, since we met late in the school year last year to discuss this issue, to reiterate that these events are impactful to the surrounding community and that the City is more than happy to provide information to Cal Poly or the students about what is and is not allowed, and how to obtain a use permit to get a fraternity/sorority house permitted in allowed zones. Please keep us in the loop about upcoming events/opportunities for outreach. We will continue to respond to complaints that we receive with notices of violation when violations can be verified, however, I believe strongly that education surrounding regulations is also necessary. Please let us know how we can help the University educate student groups about local regulations. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 247 From:Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent:Thursday, October 31, 2024 10:29 AM To:Tway, Timothea (Timmi); Courtney Leigh Kienow; Mezzapesa, John; Loew, Michael Cc:Jason Mockford Subject:Re: Fraternities and Outreach That works for me, thank you Timmi! Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Thursday, October 31, 2024 at 10:26 AM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Fraternities and Outreach Hi All, It looks like Greg, Whitney, and myself have availability on November 13 from 4-5 PM. I have booked a room here at Community Development, please let me know if that still works! Thanks, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Friday, October 25, 2024 1:32 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Perfect. Thanks Timmi and you too! Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Friday, October 25, 2024 at 1:27 PM 248 To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Fraternities and Outreach Thank you, Courtney! Let me reach out to Whitney/Greg and see if they want to be included and get back to you on dates. Have a nice weekend, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, October 24, 2024 1:35 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Hi! All of these work for our team: October 29th 10-11am, 1-2pm November 12th 3:15-5pm November 13th 11-noon, 3:15-5pm November 14th 2:15-4:15pm November 19th 4-5pm We’ve had a few conversations with Whitney and Greg recently as well that lead me to believe they may want to participate with us. It would be great to get all questions out to the group that we’re hoping to answer and get clarity on prior to the meeting to make sure we’re prepared to have the most productive, informative conversation possible. We’re hoping that the result of this conversation can be a greater understanding of options, limitations and commitment to deeper partnership and communication. Looking forward to it, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Wednesday, October 16, 2024 at 5:28 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: RE: Fraternities and Outreach Hi Courtney, It was nice to see you yesterday. Yes, I think meeting would be helpful. I appreciate that you have added the language regarding the code requirements for the students. 249 When we meet, John can share more about the numbers and impacts we have seen this year. In addition to impacts to neighbors, as you saw last night, this is an issue that is of increasing interest to City leadership as well. Please let me know when you all have an hour or hour and a half of availability, maybe in early/mid November to meet and we can get something on the books, Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Tuesday, October 15, 2024 9:12 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Subject: Re: Fraternities and Outreach This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timmi, I am so sorry. I drafted a response immediately and just realized I forgot to hit send. Thank you for this message. We appreciate all opportunities to hear about neighborhood impacts and educate our students about our expectations for being respectful neighbors on top of the ways that we already do. Can you give me some context on how this year’s numbers are comparing to years past? We want to help but I would be interested to know how we’re measuring up this year. I wonder if it would be helpful for all of us to meet again to look at the messages that are going out, the citations that are being written, and brainstorm around any tweaks that need to be made. It also seems like parties should be responded to as parties, whether they are fraternities throwing them or not. Just because a fraternity party is thrown at a particular house, doesn’t mean that it’s a fraternity house and therefore, doesn’t seem like it should necessitate a CUP, especially with the definition provided in city code. Christine Wallace recently met with all the council officers and presidents from the 3 councils (some of them she met with twice). We can share details about the council meeting times for this quarter if she or someone from your department would like to send someone else. We also made the disclaimer changes to the event registration form that we talked about in our last meeting. Now, when fraternities or sororities submit their event with us, we notify them that the submission does not mean that the event is in compliance with city code and that they should understand those requirements before hosting an event and abide by those rules. Sincerely, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Monday, October 7, 2024 at 3:21 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> 250 Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: Fraternities and Outreach Hi Courtney, Elizabeth, and Jason, I hope you all had a nice weekend. As you can imagine, we have begun receiving complaints about fraternity parties at houses in the single-family neighborhoods where fraternity houses are not allowed. I wanted to follow up with this group, since we met late in the school year last year to discuss this issue, to reiterate that these events are impactful to the surrounding community and that the City is more than happy to provide information to Cal Poly or the students about what is and is not allowed, and how to obtain a use permit to get a fraternity/sorority house permitted in allowed zones. Please keep us in the loop about upcoming events/opportunities for outreach. We will continue to respond to complaints that we receive with notices of violation when violations can be verified, however, I believe strongly that education surrounding regulations is also necessary. Please let us know how we can help the University educate student groups about local regulations. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 255 From:Tway, Timothea (Timmi) Sent:Thursday, October 31, 2024 10:24 AM To:Karpovich, Michelle Subject:RE: Fraternities and Outreach No worries at all, I asked for like four meetings about the same topic at the same time! Ok perfect, I will send an invite. Thanks, Timmi From: Karpovich, Michelle <mkarpovi@slocity.org> Sent: Thursday, October 31, 2024 9:33 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Fraternities and Outreach Hi Timmi, I’m sorry that I didn’t reply to the previous email – I must’ve accidentally archived it, so sorry! But yes that’s totally fine to use that time, I can adjust their 1:1 so all yours to book into. Best, Michelle Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Thursday, October 31, 2024 9:30 AM To: Karpovich, Michelle <mkarpovi@slocity.org> Subject: FW: Fraternities and Outreach Hi Michelle, It looks like maybe the only time Whitney could do here is Wed Nov 13 from 4-5 (because its her meeting with Greg, 256 who may also want to be in the meeting), is there any way you can ask her if she would be ok with their meeting time being used to meet with Cal Poly on this issue? If not, I can ask her, I will also reach out to Greg. Thanks! If not we may have to present Cal Poly with other times, Thanks! From: Tway, Timothea (Timmi) Sent: Sunday, October 27, 2024 4:20 PM To: Karpovich, Michelle <mkarpovi@slocity.org> Subject: FW: Fraternities and Outreach Hi Michelle, Can you let me know if Whitney is available at any of the times listed below? Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, October 24, 2024 1:35 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Hi! All of these work for our team: October 29th 10-11am, 1-2pm November 12th 3:15-5pm November 13th 11-noon, 3:15-5pm November 14th 2:15-4:15pm November 19th 4-5pm We’ve had a few conversations with Whitney and Greg recently as well that lead me to believe they may want to participate with us. It would be great to get all questions out to the group that we’re hoping to answer and get clarity on prior to the meeting to make sure we’re prepared to have the most productive, informative conversation possible. We’re hoping that the result of this conversation can be a greater understanding of options, limitations and commitment to deeper partnership and communication. Looking forward to it, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Wednesday, October 16, 2024 at 5:28 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason 257 Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: RE: Fraternities and Outreach Hi Courtney, It was nice to see you yesterday. Yes, I think meeting would be helpful. I appreciate that you have added the language regarding the code requirements for the students. When we meet, John can share more about the numbers and impacts we have seen this year. In addition to impacts to neighbors, as you saw last night, this is an issue that is of increasing interest to City leadership as well. Please let me know when you all have an hour or hour and a half of availability, maybe in early/mid November to meet and we can get something on the books, Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Tuesday, October 15, 2024 9:12 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Subject: Re: Fraternities and Outreach This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timmi, I am so sorry. I drafted a response immediately and just realized I forgot to hit send. Thank you for this message. We appreciate all opportunities to hear about neighborhood impacts and educate our students about our expectations for being respectful neighbors on top of the ways that we already do. Can you give me some context on how this year’s numbers are comparing to years past? We want to help but I would be interested to know how we’re measuring up this year. I wonder if it would be helpful for all of us to meet again to look at the messages that are going out, the citations that are being written, and brainstorm around any tweaks that need to be made. It also seems like parties should be responded to as parties, whether they are fraternities throwing them or not. Just because a fraternity party is thrown at a particular house, doesn’t mean that it’s a fraternity house and therefore, doesn’t seem like it should necessitate a CUP, especially with the definition provided in city code. Christine Wallace recently met with all the council officers and presidents from the 3 councils (some of them she met with twice). We can share details about the council meeting times for this quarter if she or someone from your department would like to send someone else. We also made the disclaimer changes to the event registration form that we talked about in our last meeting. Now, when fraternities or sororities submit their event with us, we notify them that the submission does not mean that the event is in compliance with city code and that they should understand those requirements before hosting an event and abide by those rules. Sincerely, 258 Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Monday, October 7, 2024 at 3:21 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: Fraternities and Outreach Hi Courtney, Elizabeth, and Jason, I hope you all had a nice weekend. As you can imagine, we have begun receiving complaints about fraternity parties at houses in the single-family neighborhoods where fraternity houses are not allowed. I wanted to follow up with this group, since we met late in the school year last year to discuss this issue, to reiterate that these events are impactful to the surrounding community and that the City is more than happy to provide information to Cal Poly or the students about what is and is not allowed, and how to obtain a use permit to get a fraternity/sorority house permitted in allowed zones. Please keep us in the loop about upcoming events/opportunities for outreach. We will continue to respond to complaints that we receive with notices of violation when violations can be verified, however, I believe strongly that education surrounding regulations is also necessary. Please let us know how we can help the University educate student groups about local regulations. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 275 From:Shoresman, Michelle Sent:Wednesday, October 30, 2024 7:04 PM To:kathie walker Subject:RE: Noise Report 10/25 -10/26/2024 Thank you Kathie. From: kathie walker < Sent: Tuesday, October 29, 2024 6:57 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Noise Report 10/25 -10/26/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were seven noise complaints to documented fraternity houses the weekend of 10/25 - 10/26/2024, and an additional three calls were "in the area" of documented fraternity houses, with no specific address listed. A one- page report is attached. We left town on Thursday, got home after 9 pm on Saturday 10/26, and when we arrived, we saw/heard a huge fraternity party at 1229 Fredericks Street, which is the main chapter house for Phi Gamma Delta. SLOPD did not cite the noisy party. At least 100 guests left the party when the officer arrived. The neighborhood was active and there was a parade of noisy guests in front of our house, to and from the fraternity party at 1229 Fredericks, for over an hour. This is one of the side effects of a fraternity that is overlooked but impactful to those who live near them. Real estate investor, David Scarry, owns the property at 1229 Fredericks and was issued a Notice of Violation for illegal fraternity operations at that location. Still, Phi Gamma Delta continues to operate its main chapter house at 1229 Fredericks, including rush events earlier this month and the Halloween party this weekend. I am confident the fraternity registered the party this weekend (and other events) with Cal Poly's Greek Life office, and the party was 'sanctioned' by Cal Poly in our lower-density residential neighborhood. There were nearly 50 calls to SLOPD for noise complaints over the weekend. The dispatch log shows some DACs were issued by SNAP, but no noise citations were issued by SLOPD. Thank you for your help in solving the problem of illegal fraternity houses in our neighborhoods. -Kathie 279 From:Mickel, Fred Sent:Wednesday, October 30, 2024 1:37 PM To:Wallace, Christine Subject:RE: Council Monthly update Thank you Fred Mickel Deputy Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E fmickel@slocity.org T 805.594.8048 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: Wallace, Christine <cwallace@slocity.org> Sent: Wednesday, October 30, 2024 10:46 AM To: Mickel, Fred <fmickel@slocity.org> Subject: RE: Council Monthly update  Noise October 1 - 29: NPSY total calls – 191 , citations – 19 , DAC warnings – 66 , unable to locate – 12, negative violation – 91  October Party Registration – 79 applications received, 50 approved apps, 29 denied, 10 warnings, 0 citations  Halloween safety enhancement covered two weekends, Oct. 24 – 28 & Oct. 31 – Nov. 4.  Outreach included paid social media ads, organic social media posts, in-person outreach to Fraternity and Sorority Life councils and several individual organizations, posters throughout campus, posters on Foothill/California, and posters throughout Downtown From: Mickel, Fred <fmickel@slocity.org> Sent: Wednesday, October 30, 2024 9:44 AM To: Stradley, Evan <estradle@slocity.org>; Dickel, Jason <jdickel@slocity.org>; Wallace, Christine <cwallace@slocity.org> Subject: Council Monthly update Sorry for the late notice but can you all get me your monthly updates no later than tomorrow morning? Thank you, 280 Fred Fred Mickel Deputy Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E fmickel@slocity.org T 805.594.8048 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 282 From:CityClerk Sent:Wednesday, October 30, 2024 12:46 PM To:kathie walker Cc:Tway, Timothea (Timmi); Mezzapesa, John Subject:cc Walker - Noise Report 10/25 -10/26/2024 Attachments:SLOPD noise calls to fraternity houses 10.25 to 10.26.2024.pdf BCC: Council All Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and Timmi Tway, Community Development Director who is responsible for responding is copied on this email. Timmi or a member of her staff will be following up with you within two business days. City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Tuesday, October 29, 2024 6:57 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Noise Report 10/25 -10/26/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. There were seven noise complaints to documented fraternity houses the weekend of 10/25 - 10/26/2024, and an additional three calls were "in the area" of documented fraternity houses, with no specific address listed. A one- page report is attached. We left town on Thursday, got home after 9 pm on Saturday 10/26, and when we arrived, we saw/heard a huge fraternity party at 1229 Fredericks Street, which is the main chapter house for Phi Gamma Delta. SLOPD did not cite the noisy party. At least 100 guests left the party when the officer arrived. The neighborhood was active and there was a parade of noisy guests in front of our house, to and from the fraternity party at 1229 Fredericks, for over an hour. This is one of the side effects of a fraternity that is overlooked but impactful to those who live near them. Real estate investor, David Scarry, owns the property at 1229 Fredericks and was issued a Notice of Violation for illegal fraternity operations at that location. Still, Phi Gamma Delta continues to operate its main chapter house at 1229 Fredericks, including rush events earlier this month and the Halloween party this weekend. I am confident the fraternity registered the party this weekend (and other events) with Cal Poly's Greek Life office, and the party was 'sanctioned' by Cal Poly in our lower-density residential neighborhood. 283 There were nearly 50 calls to SLOPD for noise complaints over the weekend. The dispatch log shows some DACs were issued by SNAP, but no noise citations were issued by SLOPD. Thank you for your help in solving the problem of illegal fraternity houses in our neighborhoods. -Kathie Date Received Address (main house in bold) Zone Fraternity Clearance Code Call Comments 10/25/2024 03:56 am 135 Crandall Way R-4 Sigma Nu Negative Violation Loud music at loc 10/25/2024 11:27 pm 1275 B Stafford Street* R-2 Phi Kappa Psi DAC 50 people Loud party 10/26/2024 02:21 am 348 Hathway Ave R-2 Phi Sigma Kappa Negative Violation Loud party 10/26/2024 09:08 pm 1218 Bond Street R-1 Alpha Sigma Phi DAC 30 people Loud music at loc 10/26/2024 09:19 pm 1229 Fredericks Street R-2 Phi Gamma Delta (FIJI) Negative Violation Loud party at loc 10/26/2024 10:30 pm 1254 Bond Street R-1 Phi Gamma Delta (FIJI) Negative Violation Loud music 10/26/2024 10:54 pm 1304 Foothill Blvd R-4 Sigma Nu Negative Violation Loud party at loc *Phi Kappa Psi has a compound of three homes at this location: 1271, 1273 & 1275 A/B Stafford Street with a common courtyard area. All three addresses are the same parcel. Each “address” is eligible for a DAC before a citation, and the fraternity uses this strategy to cycle through each address before a citation (with a monetary fine) is issued to the property. Illegal fraternities with multiple addresses on the same APN commonly use this strategy to avoid fines. Fraternities with CUPs are not eligible for a DAC. Noise calls in the vicinity of documented fraternity houses but address not specified: 10/25/2024 09:42 pm Foothill & Crandall R-4 Sigma Nu No Report (Notes from Officer Sisemore) 10/26/2024 09:11 pm Vets Hall** R-2 Negative Violation “Loud music and party heard in the area” 10/26/2024 10:07 pm Vets Hall** R-2 Negative Violation “Reporting Party recontacted, advised music is still loud” **Delta Sigma Phi’s main fraternity house is across the street from the Vets Hall at 1684 & 1688 Mill Street 358 From:McDonald, Whitney Sent:Monday, October 28, 2024 9:30 AM To:Sandra Rowley Cc:Hermann, Greg Subject:RE: St Fratty's Day Hi Sandra, Thank you for sharing this additional information and background, as well as your concerns regarding this event. We definitely share the concerns and are continuing to discuss these issues with Cal Poly. We have ensured that the SCLC meetings will have a standing report out from Cal Poly on their efforts to address St. Fratty’s Day, so information will continue to be shared there every month. While I was unable to attend the last SCLC meeting, Greg Hermann was in attendance and provided this summary of the information shared by Cal Poly regarding their current planning efforts:  Increased resources in the dorms to enforce no guest policy on campus  Additional police (via mutual aid) on campus  Additional security at university entrances to enforce no guest policy  Physical changes in university housing to increase security (no details were provided)  Early planning with fraternities and sororities for alternative event which may be on or off campus o We are strongly encouraging Cal Poly to hold this event on campus and not in our city  Putting together communication plan to include social media and advertisements in university markets out of the area to discourage people from coming to SLO We know that more is needed to dimmish and ultimately end this event and we will continue working toward that end. In the meantime, many thanks for reaching out. Best regards, Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley < Sent: Wednesday, October 23, 2024 4:15 PM To: McDonald, Whitney <WMcDonal@slocity.org> Subject: St Fratty's Day 359 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Whitney, Mid-March seems like a long way off, but curbing - then eliminating, St Fratty's Day is going to be a big job. Since residents, even those who have been directly affected, are not part of the meetings being held I reached out and am submitting these comments and suggestions to date. I hope they will be not be taken lightly. I know you were the Assistant City Manager during last year’s St Fratty’s Day, but I don’t know how much involvement you had with the planning or the aftermath of the event. Although there has been damage to residents’ private property since its inception, to my knowledge, last year was the first year Cal Poly incurred damage of that magnitude to their property. That on-campus damage is the only reason Cal Poly wants to join with SLO to end the event – as long as property damage was confined to the city’s neighborhoods, Cal Poly passively condoned the event. Overview St Fratty’s Day is and has always been a Cal Poly student event that students choose to hold in one of the city’s neighborhoods. The “celebration” begins with fireworks being set off in the Alta Vista neighborhood generally between 4 and 4:30 a.m. Participants in the event and the concomitant parties are not confined to the students living on-campus, they include some of the thousands of Cal Poly students who live in SLO. Protecting the Cal Poly campus will have no effect on the participation or actions of these student-residents. The City needs an independent plan to protect its own neighborhoods. a. SLOPD’s total focus should be on the city. Officers should remain in the city and request mutual aid from, at a minimum, the Sheriff’s Department and surrounding cities as needed. Last year, assistance was provided by ABC and CMC. Also it’s good to hear that SLOPD’s plan includes more officers for St Fratty’s 2025. b. Cal Poly should request assistance from the CSU’s Critical Response Unit (CRU) for their campus needs. If and when the campus situation is under control, CPPD can assist SLOPD. c. ABC, CMC, CPPD and the CRU assisted last year. d. In the meantime, Cal Poly and the City should work together. Cal Poly should not approve any fraternity parties in city neighborhoods and, hopefully, they would also provide the city with current fraternity and satellite house addresses so SLOPD can be aware of potential problem locations. e. It was clear from Michelle Crawford’s comments during SCLC that Cal Poly was going to take care of Cal Poly. She even suggested that the City consider implementing tools used last year in Miami for Spring Break. Call it what it is St Fratty’s Day is not St Patrick’s Day. They are different events; St Fratty’s Day is a holiday that was conceived several years ago by one of the fraternities to circumvent the St Patrick’s Day Safety Enhancement Zone. After the creation of St Fratty’s Day I don’t know of one year when residents of the affected area didn’t experience disruption and property damage on that day. Reference the comment that last year the fraternities and sororities listened to the messaging and actually amplified the mes sage, that it clearly it got out, that there was less of the types of issues we saw previously – I’m not sure that is totally correct. Two car windshields broken. Other vandalism. Students climbing utility poles and hanging on wires, one of which appeared to be an electric wire. A broken arm from a fall. Scads of students on a house roof - thankfully it held. Vomit, urine, trash on private property and in the streets. Extreme intoxication. Last, but not least, the inability of EMS or an ambulance to navigate through the crowd. What if Jason Mockford’s comment at SCLC that ‘robust on-campus and social media messaging around celebrating responsibly and calling attention to alternative events that will be in place’ may not send the message to Cal Poly students that The Party is Canceled. What if the event were treated like any other weekend - in that food, snacks, water, Liquid IV, etc. were not being supplied to students? What’s to happen with out-of-town guests and students in Cal Poly housing a. There needs to be a City plan to deal with out-of-town guests. If guests are not allowed to enter on-campus housing, where will they go? Will they return to the city they came from, sleep in their cars, or will they look for (or already ha ve) hotel/motel or Air B&B accommodations? b. There needs to be a plan for closing egress from Cal Poly into the adjacent neighborhood? Curfew? Alternative Event Location Cal Poly’s alternate event needs to be on the campus! Period. And they have the space and facilities (bathrooms, Wellness Center) to hold the event. If it is elsewhere in SLO, that could impact SLOPD’s ability to monitor the goings on in the street party and at parties held in the Alta Vista and Monterey Heights neighborhoods. If they chose a venue in the county, that could impact 360 the Sheriff’s ability to support SLOPD as well as meet their other county obligations. Parties will occur in Alta Vista and Monterey Heights. Will Cal Poly be helpful by providing AB524 addresses? The point that’s missing The point that is missing is that St Fratty’s Day is an unruly disturbance/unlawful assembly in and to a residential neighbor hood by primarily Cal Poly students and their guests, and whether or not there is a big party, it must not be held in neighborhood streets or anywhere else in SLO. Thank you for your concern. Sincerely, Sandra Rowley 361 From:Karpovich, Michelle Sent:Monday, October 28, 2024 8:55 AM To:Zion, Sarah; Tway, Timothea (Timmi) Subject:RE: Meeting with Timmi/Whitney/Christine Awesome, thank you both!! We made it work! 뇤뇱뇲뇳뇴뇵뇶 Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Zion, Sarah <SZion@slocity.org> Sent: Monday, October 28, 2024 8:53 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Karpovich, Michelle <mkarpovi@slocity.org> Subject: RE: Meeting with Timmi/Whitney/Christine Yes, I’ll update the invite now. Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Monday, October 28, 2024 8:52 AM To: Karpovich, Michelle <mkarpovi@slocity.org>; Zion, Sarah <SZion@slocity.org> Subject: RE: Meeting with Timmi/Whitney/Christine Sarah, Can we switch my meeting with Christine (the one at 2 pm on the 4 th) to this topic? Looks like Whitney is available at the exact same time, so we can use the November 4 at 2-330 timeslot. 362 Thanks! Timmi From: Karpovich, Michelle <mkarpovi@slocity.org> Sent: Monday, October 28, 2024 8:47 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Zion, Sarah <SZion@slocity.org> Subject: RE: Meeting with Timmi/Whitney/Christine Hi! Here’s what Whitney can do for the next few days: 11/29 at 8:00-9:00am (Teams call would make this a little easier) or 2:00pm-2:40pm (she has to travel to another meeting after) 11/30 at 3:00pm-4:00pm 11/31 at 2:30-3:40pm (she has to travel to another meeting after) 11/4 at 2:00-3:30pm I wish I could provide more 1.5hr times but so many of her appointments are with external parties  Best, Michelle Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Monday, October 28, 2024 8:41 AM To: Zion, Sarah <SZion@slocity.org>; Karpovich, Michelle <mkarpovi@slocity.org> Subject: Meeting with Timmi/Whitney/Christine Hi Sarah and Michelle, Whitney has asked for a meeting with myself, Whitney, and Christine to discuss fraternity enforcement. I think 1.5 hours would be good for this meeting, and it is best for it to be sooner rather than later (doesn’t everyone say that!). Thank you! Timothea (Timmi) Tway Director of Community Development 363 Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 368 From:Tway, Timothea (Timmi) Sent:Monday, October 28, 2024 8:47 AM To:Karpovich, Michelle Cc:McDonald, Whitney; Shoresman, Michelle Subject:RE: Noisy parties at fraternities / Halloweekend Hi all, 11 am on 11/5 works well for me as well. Michelle K. can you send out an invite? Thank you so much! Timmi From: Karpovich, Michelle <mkarpovi@slocity.org> Sent: Monday, October 28, 2024 8:28 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: McDonald, Whitney <WMcDonal@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend Good morning all, Whitney can also do 11am on 11/5 and 11am and 4pm on 11/6! Best, Michelle Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Monday, October 28, 2024 7:00 AM To: McDonald, Whitney <WMcDonal@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Karpovich, Michelle <mkarpovi@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend I could do between 10 and noon on election day. Let’s hope that works. 369 On November 6, I could do 11 or later in the day at 4 or 4:30. If none of these work, I will just wait for the memo and see if I have further questions after that. Thank you!!! Michelle From: McDonald, Whitney <WMcDonal@slocity.org> Sent: Friday, October 25, 2024 5:25 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Cc: Karpovich, Michelle <mkarpovi@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend I’m also happy to join the discussion, as long as my schedule doesn’t get in the way of you both connecting. I am copying in Michelle Karpovich for assistance on the scheduling end. From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Thursday, October 24, 2024 12:22 PM To: Shoresman, Michelle <mshoresm@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend Hi Michelle, More than happy to talk. In addition – we are preparing a staff memo to Council to clarify some of the Lot 7 issues raised in the most recent letter you received from the SLR team. On November 7 I am in an all-day interview panel for the City of Santa Maria, and I may not be able to do the 8 th. I am available on the 29th after 2:30, I have a lot of availability on November 5 (almost any time), or could do noon any day next week or the week after (except the 7th). Let me know if any of those times work for you! Thanks, Timmi From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Thursday, October 24, 2024 7:00 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: FW: Noisy parties at fraternities / Halloweekend This just reminded me…I never set up a time with you both (or just Timmi…whatever you desire) to talk more about these enforcement issues and Lot 7. Maybe we can find a time in the next few weeks for you to help me process the 2-2-1 I had with Bivin and their team, and also talk more about the neighborhood/frat enforcement issues. I still can’t totally wrap my head around all the complications there. I could meet early on Nov 7 (like 7:30-7:45, as I am doing a Water Treatment Plant tour at 9am that day) or on November 8 at between 10 and 11:45am. Just throwing out some dates and times, but feel free to suggest others. From: kathie walker < Sent: Wednesday, October 23, 2024 12:03 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> 370 Cc: Carolyn Smith < ; Brett Cross < ; Sandra Rowley < ; Stewjenkins Info < Subject: Noisy parties at fraternities / Halloweekend This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Council and Community Development, It only took three days after the City Council hearing on 10/15/2024 for the Lambda Chi Alpha fraternity to give our neighborhood the middle finger. On 10/18/2024 the fraternity had a loud party with fireworks reported in the front yard of 1264 Foothill and a call to SLOPD was made at 10 p.m. (not by me or anyone in my family). Police responded at 11 p.m. Lambda Chi Alpha was issued a citation for a party with 50 people in attendance. This is their third noise citation this month but it may only be considered the first strike against their CUP but the call contained the trifecta of a noise violation, fireworks, and more occupants than allowed per the CUP. I want to acknowledge how challenging and complicated it is for Community Development to get on top of the fraternity situation, especially since Cal Poly is not sharing the locations where its fraternities are located which are holding events sanctioned by Cal Poly within our neighborhoods after being told my Community Development/Code Enforcement that this is against the City's laws. Also, Cal Poly does not share the locations of the main chapter houses for the 13 fraternities that don't have CUPs, even though it knows where they are located. Most main chapter fraternities are in rental homes in R-1 and R-2 neighborhoods and aren't eligible for CUPs. Despite these challenges for the City, Cal Poly continues to recruit more fraternity chapters to their campus without any provision for their fraternity houses. As Director Tway said at the Council meeting, there needs to be a program that oversees the fraternities (and sororities) and administers CUPs and compliance because there are 19 fraternities and dozens of satellite fraternity houses that hold events - mostly hosting large parties with sororities - in our residential neighborhoods where people are trying to rest. I've been studying this issue for two years and know where the main chapter houses are, and where most of the satellite houses that hold fraternity events are. I recently updated you with the addresses that held rush events earlier this month. I've also had several people reach out to me who have had fraternities move in near their homes that host sororities and cause a lot of noise. The problem is spreading into other neighborhoods. I've decided to create a report after each weekend for this academic year that lists the noise calls to SLOPD to each of the documented fraternity houses so the City can have some context about the resources utilized. I will also show a cumulative total of noise calls and outcomes for each documented fraternity address: Negative violation, Citation, Disturbance Advisement Card/DAC, or No Report. The report for last weekend, 10/17 - 10/20/2024, is attached. Theta Chi's party at 1350 Stafford & 496 Kentucky hosted sororities. I didn't call for the party and had fans running in my bedroom to drown out the noise of the sorority young women passing back and forth in front of our house. But our video surveillance shows many, many, many females dressed similarly, walking toward Kentucky looking at their phones saying it's two minutes away (which is consistent with the Stafford/Kentucky location from our house), and then later walking back toward Hathway and saying the frat party "got rolled" by police. There were at least nine calls to SLOPD for noisy parties at documented fraternities during the weekend. The information is attached. Cal Poly could confirm these fraternity parties because fraternities are required to register their parties through Greek life ahead of time. 371 The upcoming weekend is Halloweekend and I'm sure SLOPD will be very busy. Last year, nearly every fraternity listed parties in their AB 524 Reports during the Halloweekend event, and some fraternities listed multiple parties during the weekend. It was a nightmare! I encourage each of you to visit at 10 pm (quiet hours) on Friday or Saturday because there are no words to describe the chaos. The Alta Vista neighborhood is not that big. Many parties are held up in the upper areas, like Albert Drive. My husband and I have decided to leave town for two nights to avoid the anxiety we went through last year. I've attached a PDF with the fraternity AB 524 Reports for October so you can see that most fraternities registered parties for the weekend, which will likely happen again this year. Next week l will submit the report for the noise calls to documented fraternities during the weekend. Sincerely, Kathie Walker 372 From:Karpovich, Michelle Sent:Monday, October 28, 2024 8:47 AM To:Tway, Timothea (Timmi); Zion, Sarah Subject:RE: Meeting with Timmi/Whitney/Christine Follow Up Flag:Follow up Flag Status:Completed Hi! Here’s what Whitney can do for the next few days: 11/29 at 8:00-9:00am (Teams call would make this a little easier) or 2:00pm-2:40pm (she has to travel to another meeting after) 11/30 at 3:00pm-4:00pm 11/31 at 2:30-3:40pm (she has to travel to another meeting after) 11/4 at 2:00-3:30pm I wish I could provide more 1.5hr times but so many of her appointments are with external parties  Best, Michelle Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Monday, October 28, 2024 8:41 AM To: Zion, Sarah <SZion@slocity.org>; Karpovich, Michelle <mkarpovi@slocity.org> Subject: Meeting with Timmi/Whitney/Christine Hi Sarah and Michelle, Whitney has asked for a meeting with myself, Whitney, and Christine to discuss fraternity enforcement. I think 1.5 hours would be good for this meeting, and it is best for it to be sooner rather than later (doesn’t everyone say that!). Thank you! 373 Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 376 From:Tway, Timothea (Timmi) Sent:Monday, October 28, 2024 8:47 AM To:Karpovich, Michelle Cc:McDonald, Whitney; Shoresman, Michelle Subject:RE: Noisy parties at fraternities / Halloweekend Hi all, 11 am on 11/5 works well for me as well. Michelle K. can you send out an invite? Thank you so much! Timmi From: Karpovich, Michelle <mkarpovi@slocity.org> Sent: Monday, October 28, 2024 8:28 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: McDonald, Whitney <WMcDonal@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend Good morning all, Whitney can also do 11am on 11/5 and 11am and 4pm on 11/6! Best, Michelle Michelle Karpovich Administrative Assistant III Community Services Group & Finance 919 Palm, San Luis Obispo, CA 93401-3249 E mkarpovi@slocity.org T 805.781.7177 slocity.org Stay connected with the City by signing up for e-notifications From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Monday, October 28, 2024 7:00 AM To: McDonald, Whitney <WMcDonal@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Karpovich, Michelle <mkarpovi@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend I could do between 10 and noon on election day. Let’s hope that works. 377 On November 6, I could do 11 or later in the day at 4 or 4:30. If none of these work, I will just wait for the memo and see if I have further questions after that. Thank you!!! Michelle From: McDonald, Whitney <WMcDonal@slocity.org> Sent: Friday, October 25, 2024 5:25 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Cc: Karpovich, Michelle <mkarpovi@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend I’m also happy to join the discussion, as long as my schedule doesn’t get in the way of you both connecting. I am copying in Michelle Karpovich for assistance on the scheduling end. From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Thursday, October 24, 2024 12:22 PM To: Shoresman, Michelle <mshoresm@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: RE: Noisy parties at fraternities / Halloweekend Hi Michelle, More than happy to talk. In addition – we are preparing a staff memo to Council to clarify some of the Lot 7 issues raised in the most recent letter you received from the SLR team. On November 7 I am in an all-day interview panel for the City of Santa Maria, and I may not be able to do the 8 th. I am available on the 29th after 2:30, I have a lot of availability on November 5 (almost any time), or could do noon any day next week or the week after (except the 7th). Let me know if any of those times work for you! Thanks, Timmi From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Thursday, October 24, 2024 7:00 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: FW: Noisy parties at fraternities / Halloweekend This just reminded me…I never set up a time with you both (or just Timmi…whatever you desire) to talk more about these enforcement issues and Lot 7. Maybe we can find a time in the next few weeks for you to help me process the 2-2-1 I had with Bivin and their team, and also talk more about the neighborhood/frat enforcement issues. I still can’t totally wrap my head around all the complications there. I could meet early on Nov 7 (like 7:30-7:45, as I am doing a Water Treatment Plant tour at 9am that day) or on November 8 at between 10 and 11:45am. Just throwing out some dates and times, but feel free to suggest others. From: kathie walker < Sent: Wednesday, October 23, 2024 12:03 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> 378 Cc: Carolyn Smith < ; Brett Cross < ; Sandra Rowley < ; Stewjenkins Info < Subject: Noisy parties at fraternities / Halloweekend This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Council and Community Development, It only took three days after the City Council hearing on 10/15/2024 for the Lambda Chi Alpha fraternity to give our neighborhood the middle finger. On 10/18/2024 the fraternity had a loud party with fireworks reported in the front yard of 1264 Foothill and a call to SLOPD was made at 10 p.m. (not by me or anyone in my family). Police responded at 11 p.m. Lambda Chi Alpha was issued a citation for a party with 50 people in attendance. This is their third noise citation this month but it may only be considered the first strike against their CUP but the call contained the trifecta of a noise violation, fireworks, and more occupants than allowed per the CUP. I want to acknowledge how challenging and complicated it is for Community Development to get on top of the fraternity situation, especially since Cal Poly is not sharing the locations where its fraternities are located which are holding events sanctioned by Cal Poly within our neighborhoods after being told my Community Development/Code Enforcement that this is against the City's laws. Also, Cal Poly does not share the locations of the main chapter houses for the 13 fraternities that don't have CUPs, even though it knows where they are located. Most main chapter fraternities are in rental homes in R-1 and R-2 neighborhoods and aren't eligible for CUPs. Despite these challenges for the City, Cal Poly continues to recruit more fraternity chapters to their campus without any provision for their fraternity houses. As Director Tway said at the Council meeting, there needs to be a program that oversees the fraternities (and sororities) and administers CUPs and compliance because there are 19 fraternities and dozens of satellite fraternity houses that hold events - mostly hosting large parties with sororities - in our residential neighborhoods where people are trying to rest. I've been studying this issue for two years and know where the main chapter houses are, and where most of the satellite houses that hold fraternity events are. I recently updated you with the addresses that held rush events earlier this month. I've also had several people reach out to me who have had fraternities move in near their homes that host sororities and cause a lot of noise. The problem is spreading into other neighborhoods. I've decided to create a report after each weekend for this academic year that lists the noise calls to SLOPD to each of the documented fraternity houses so the City can have some context about the resources utilized. I will also show a cumulative total of noise calls and outcomes for each documented fraternity address: Negative violation, Citation, Disturbance Advisement Card/DAC, or No Report. The report for last weekend, 10/17 - 10/20/2024, is attached. Theta Chi's party at 1350 Stafford & 496 Kentucky hosted sororities. I didn't call for the party and had fans running in my bedroom to drown out the noise of the sorority young women passing back and forth in front of our house. But our video surveillance shows many, many, many females dressed similarly, walking toward Kentucky looking at their phones saying it's two minutes away (which is consistent with the Stafford/Kentucky location from our house), and then later walking back toward Hathway and saying the frat party "got rolled" by police. There were at least nine calls to SLOPD for noisy parties at documented fraternities during the weekend. The information is attached. Cal Poly could confirm these fraternity parties because fraternities are required to register their parties through Greek life ahead of time. 379 The upcoming weekend is Halloweekend and I'm sure SLOPD will be very busy. Last year, nearly every fraternity listed parties in their AB 524 Reports during the Halloweekend event, and some fraternities listed multiple parties during the weekend. It was a nightmare! I encourage each of you to visit at 10 pm (quiet hours) on Friday or Saturday because there are no words to describe the chaos. The Alta Vista neighborhood is not that big. Many parties are held up in the upper areas, like Albert Drive. My husband and I have decided to leave town for two nights to avoid the anxiety we went through last year. I've attached a PDF with the fraternity AB 524 Reports for October so you can see that most fraternities registered parties for the weekend, which will likely happen again this year. Next week l will submit the report for the noise calls to documented fraternities during the weekend. Sincerely, Kathie Walker 386 From:Pease, Andy Sent:Monday, October 28, 2024 8:06 AM To:McDonald, Whitney Subject:RE: Weekly Update Thanks!! Andy From: McDonald, Whitney <WMcDonal@slocity.org> Sent: Saturday, October 26, 2024 11:09 AM To: Hermann, Greg <GHermann@slocity.org>; Dietrick, Christine <cdietric@slocity.org> Cc: Domini, Nickole <ndomini@slocity.org> Subject: Weekly Update Good morning, Mayor and Council! Here are some updates from the latter part of the week for your review and information:  )  Fraternities – I know you all have continued to receive emails and inquiries from residents regarding fraternities and concerning conduct occurring at them, as well as illegal satellite houses, and I want to assure you that I too feel the urgency around getting a handle on these problems. I believe this needs to be addressed by both the City and Cal Poly, and I will be talking with Courtney and Jennifer Haft about this next week as a starting point in discussions with Cal Poly. Courtney is also working on scheduling a time for me to meet with Jeff and talk through this issue, as well as St. Fratty’s, and Harvest Lofts. On the City end, we will gather staff from CDD 387 and PD to ensure that we have a clear enforcement plan. There will be much more to come on this front, but I wanted to pass along the thoughts for addressing this issue, which I know is of great concern in the community.  Thank you all for your support and trust in me and our entire team on all of these important issues. An interview process is always a wonderful opportunity to reflect on where we are at as an organization and where we are headed, and I am incredibly grateful and excited for our team and our entire community. Happy Saturday! Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications 422 From:Wallace, Christine Sent:Friday, October 25, 2024 4:31 PM To:Beta Theta Pi Subject:Re: SLOPD Presentation Hi Cole, Yes please. I have 8pm, is that correct? CW On Oct 25, 2024, at 3:04 PM, Beta Theta Pi <cpbeta.president@gmail.com> wrote: Hi Christine, Does this Sunday the 27th still work for you? You can definitely take the first 20 minutes to present. Please let me know. Best, Cole Cole Krueger Chapter President Beta Theta Pi Fraternity Epsilon Delta Chapter at California Polytechnic State University (Cal Poly) San Luis Obispo, California, United States Cell: + 1327 E Foothill Blvd San Luis Obispo, California 93405-1413 cpbeta.president@gmail.com On Thu, Oct 3, 2024 at 8:43 AM Wallace, Christine <cwallace@slocity.org> wrote: Hi Cole, Let’s go with the 27th. Would it be okay if I went first and took about 20 minutes? Thanks, Christine 423 From: Beta Theta Pi <cpbeta.president@gmail.com> Sent: Wednesday, October 2, 2024 6:10 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: SLOPD Presentation Hi Christine, Thank you for being so patient as we finalized our schedule. We have chapter meetings on campus from 8:00 PM to 10:00 PM on Sundays. The next 2 meetings will be extremely busy with rush, would you be able to come on October 20th or 27th? Please let me know! Best, <image001.png> <image003.png> <image005.png> <image007.png> Cole Krueger Chapter President Beta Theta Pi Fraternity Epsilon Delta Chapter at California Polytechnic State University (Cal Poly) San Luis Obispo, California, United States Cell: + 1327 E Foothill Blvd San Luis Obispo, California 93405-1413 cpbeta.president@gmail.com On Fri, Sep 6, 2024 at 9:11 AM Wallace, Christine <cwallace@slocity.org> wrote: Hi Cole, Thanks for getting back to me. The agenda is as follows: the City’s noise & unruly gathering ordinances, noise warnings & citations, safety enhancement zones, City party registration and repeat violations resulting in landlord citations. I can do this in about 15 minutes and would be able to answer questions from the members as well. 424 Thanks, Christine From: Beta Theta Pi <cpbeta.president@gmail.com> Sent: Thursday, September 5, 2024 5:27 PM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: SLOPD Presentation This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Christine, Thank you for reaching out! As of now, we are still waiting on confirmation from the school for our chapter room reservation, but I would definitely be interested in having you as a presenter early this quarter. Would you be able to please provide an agenda and how much time you need so that I can plan accordingly? As soon as I get the confirmation I can let you know. Thank you! Best Regards, <image009.png> <image010.png> <image011.png> <image012.png> Cole Krueger Chapter President Beta Theta Pi Fraternity Epsilon Delta Chapter at California Polytechnic State University (Cal Poly) San Luis Obispo, California, United States Cell: + 1327 E Foothill Blvd San Luis Obispo, California 93405-1413 cpbeta.president@gmail.com On Tue, Sep 3, 2024 at 11:22 AM Wallace, Christine <cwallace@slocity.org> wrote: Hi Cole, 425 I’m reaching out in hopes of getting on the Beta calendar for an early Fall quarter presentation to your organization. 1327 Foothill earned many citations last academic year and I’m hoping to get in front of your membership early to help share information, answer questions, dispel myths, to help set you all up for success. Could we set up a time for me and an officer to come to your chapter meeting in October? Thanks, Christine Wallace Police Public Affairs Manager <image013.png> Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 slocity.org <image014.png> <image015.png> <image016.png> <image017.png> <image018.png> Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 426 From:Mezzapesa, John Sent:Friday, October 25, 2024 1:33 PM To:Tway, Timothea (Timmi) Subject:Re: Fraternities and Outreach Not sure if you want me at this meeting but I am gone the week of the 11th so the only dates listed here that work for me are the 29th and the 19th. John John Mezzapesa Code Enforcement Officer City of San Luis Obispo Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, October 25, 2024 1:27:22 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: RE: Fraternities and Outreach Thank you, Courtney! Let me reach out to Whitney/Greg and see if they want to be included and get back to you on dates. Have a nice weekend, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, October 24, 2024 1:35 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Hi! All of these work for our team: October 29th 10-11am, 1-2pm November 12th 3:15-5pm November 13th 11-noon, 3:15-5pm 427 November 14th 2:15-4:15pm November 19th 4-5pm We’ve had a few conversations with Whitney and Greg recently as well that lead me to believe they may want to participate with us. It would be great to get all questions out to the group that we’re hoping to answer and get clarity on prior to the meeting to make sure we’re prepared to have the most productive, informative conversation possible. We’re hoping that the result of this conversation can be a greater understanding of options, limitations and commitment to deeper partnership and communication. Looking forward to it, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Wednesday, October 16, 2024 at 5:28 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: RE: Fraternities and Outreach Hi Courtney, It was nice to see you yesterday. Yes, I think meeting would be helpful. I appreciate that you have added the language regarding the code requirements for the students. When we meet, John can share more about the numbers and impacts we have seen this year. In addition to impacts to neighbors, as you saw last night, this is an issue that is of increasing interest to City leadership as well. Please let me know when you all have an hour or hour and a half of availability, maybe in early/mid November to meet and we can get something on the books, Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Tuesday, October 15, 2024 9:12 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Subject: Re: Fraternities and Outreach This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timmi, I am so sorry. I drafted a response immediately and just realized I forgot to hit send. Thank you for this message. We appreciate all opportunities to hear about neighborhood impacts and educate our students about our expectations for being respectful neighbors on top of the ways that we already do. Can you give me some context on how this year’s numbers are comparing to years past? We want to help but I would be interested to know how we’re measuring up this year. 428 I wonder if it would be helpful for all of us to meet again to look at the messages that are going out, the citations that are being written, and brainstorm around any tweaks that need to be made. It also seems like parties should be responded to as parties, whether they are fraternities throwing them or not. Just because a fraternity party is thrown at a particular house, doesn’t mean that it’s a fraternity house and therefore, doesn’t seem like it should necessitate a CUP, especially with the definition provided in city code. Christine Wallace recently met with all the council officers and presidents from the 3 councils (some of them she met with twice). We can share details about the council meeting times for this quarter if she or someone from your department would like to send someone else. We also made the disclaimer changes to the event registration form that we talked about in our last meeting. Now, when fraternities or sororities submit their event with us, we notify them that the submission does not mean that the event is in compliance with city code and that they should understand those requirements before hosting an event and abide by those rules. Sincerely, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Monday, October 7, 2024 at 3:21 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: Fraternities and Outreach Hi Courtney, Elizabeth, and Jason, I hope you all had a nice weekend. As you can imagine, we have begun receiving complaints about fraternity parties at houses in the single-family neighborhoods where fraternity houses are not allowed. I wanted to follow up with this group, since we met late in the school year last year to discuss this issue, to reiterate that these events are impactful to the surrounding community and that the City is more than happy to provide information to Cal Poly or the students about what is and is not allowed, and how to obtain a use permit to get a fraternity/sorority house permitted in allowed zones. Please keep us in the loop about upcoming events/opportunities for outreach. We will continue to respond to complaints that we receive with notices of violation when violations can be verified, however, I believe strongly that education surrounding regulations is also necessary. Please let us know how we can help the University educate student groups about local regulations. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org 429 Stay connected with the City by signing up for e-notifications 433 From:Tway, Timothea (Timmi) Sent:Friday, October 25, 2024 1:32 PM To:Hermann, Greg; McDonald, Whitney Subject:FW: Fraternities and Outreach Hi Whitney and Greg, Please see emails below – basically I asked to meet with Cal Poly about ongoing Fraternity issues to see if we can help them with information they need to educate students. Let me know if you want to be included. In the meantime, I will look for times that work for all parties and see if I can get something on our calendars (you can decline the meeting if you do not want to attend). Thanks, Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, October 24, 2024 1:35 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Cc: Jason Mockford <jmockfor@calpoly.edu>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Re: Fraternities and Outreach Hi! All of these work for our team: October 29th 10-11am, 1-2pm November 12th 3:15-5pm November 13th 11-noon, 3:15-5pm November 14th 2:15-4:15pm November 19th 4-5pm We’ve had a few conversations with Whitney and Greg recently as well that lead me to believe they may want to participate with us. It would be great to get all questions out to the group that we’re hoping to answer and get clarity on prior to the meeting to make sure we’re prepared to have the most productive, informative conversation possible. We’re hoping that the result of this conversation can be a greater understanding of options, limitations and commitment to deeper partnership and communication. Looking forward to it, Courtney From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Wednesday, October 16, 2024 at 5:28 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: RE: Fraternities and Outreach 434 Hi Courtney, It was nice to see you yesterday. Yes, I think meeting would be helpful. I appreciate that you have added the language regarding the code requirements for the students. When we meet, John can share more about the numbers and impacts we have seen this year. In addition to impacts to neighbors, as you saw last night, this is an issue that is of increasing interest to City leadership as well. Please let me know when you all have an hour or hour and a half of availability, maybe in early/mid November to meet and we can get something on the books, Thanks! Timmi From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Tuesday, October 15, 2024 9:12 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Loew, Michael <Mloew@slocity.org> Subject: Re: Fraternities and Outreach This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Timmi, I am so sorry. I drafted a response immediately and just realized I forgot to hit send. Thank you for this message. We appreciate all opportunities to hear about neighborhood impacts and educate our students about our expectations for being respectful neighbors on top of the ways that we already do. Can you give me some context on how this year’s numbers are comparing to years past? We want to help but I would be interested to know how we’re measuring up this year. I wonder if it would be helpful for all of us to meet again to look at the messages that are going out, the citations that are being written, and brainstorm around any tweaks that need to be made. It also seems like parties should be responded to as parties, whether they are fraternities throwing them or not. Just because a fraternity party is thrown at a particular house, doesn’t mean that it’s a fraternity house and therefore, doesn’t seem like it should necessitate a CUP, especially with the definition provided in city code. Christine Wallace recently met with all the council officers and presidents from the 3 councils (some of them she met with twice). We can share details about the council meeting times for this quarter if she or someone from your department would like to send someone else. We also made the disclaimer changes to the event registration form that we talked about in our last meeting. Now, when fraternities or sororities submit their event with us, we notify them that the submission does not mean that the event is in compliance with city code and that they should understand those requirements before hosting an event and abide by those rules. Sincerely, Courtney 435 From: Tway, Timothea (Timmi) <TTway@slocity.org> Date: Monday, October 7, 2024 at 3:21 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu>, Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Jason Mockford <jmockfor@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Loew, Michael <Mloew@slocity.org> Subject: Fraternities and Outreach Hi Courtney, Elizabeth, and Jason, I hope you all had a nice weekend. As you can imagine, we have begun receiving complaints about fraternity parties at houses in the single-family neighborhoods where fraternity houses are not allowed. I wanted to follow up with this group, since we met late in the school year last year to discuss this issue, to reiterate that these events are impactful to the surrounding community and that the City is more than happy to provide information to Cal Poly or the students about what is and is not allowed, and how to obtain a use permit to get a fraternity/sorority house permitted in allowed zones. Please keep us in the loop about upcoming events/opportunities for outreach. We will continue to respond to complaints that we receive with notices of violation when violations can be verified, however, I believe strongly that education surrounding regulations is also necessary. Please let us know how we can help the University educate student groups about local regulations. Thank you, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 439 From:Mezzapesa, John Sent:Friday, October 25, 2024 11:51 AM To:Elizabeth Aiello-Coppola Subject:Question HI Elizabeth, I was wondering if you would be willing to share if your records have any fraternity/sorority events registered at any of the following addresses to take place in the near future or within the last year:  12 Hathway  171 Orange  132 California  1218/1220 Bond  1327 Foothill  1684/1688 Mill  281 Hathway  1229 Fredericks  260 Chaplin  348/350 Hathway  66 Rafael  2090 Hays  1525 Slack  496 Kentucky/1350 Stafford  654/358 Graves  146 Stenner  385 Chaplin  301 Hathway If so, can you please provide the date and name of the organization that held each event at each address? Let me know. Thanks, John Mezzapesa Interim Deputy Building Official Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 446 From:Tway, Timothea (Timmi) Sent:Thursday, October 24, 2024 12:22 PM To:Shoresman, Michelle; McDonald, Whitney Subject:RE: Noisy parties at fraternities / Halloweekend Hi Michelle, More than happy to talk. In addition – we are preparing a staff memo to Council to clarify some of the Lot 7 issues raised in the most recent letter you received from the SLR team. On November 7 I am in an all-day interview panel for the City of Santa Maria, and I may not be able to do the 8 th. I am available on the 29th after 2:30, I have a lot of availability on November 5 (almost any time), or could do noon any day next week or the week after (except the 7th). Let me know if any of those times work for you! Thanks, Timmi From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Thursday, October 24, 2024 7:00 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: FW: Noisy parties at fraternities / Halloweekend This just reminded me…I never set up a time with you both (or just Timmi…whatever you desire) to talk more about these enforcement issues and Lot 7. Maybe we can find a time in the next few weeks for you to help me process the 2-2-1 I had with Bivin and their team, and also talk more about the neighborhood/frat enforcement issues. I still can’t totally wrap my head around all the complications there. I could meet early on Nov 7 (like 7:30-7:45, as I am doing a Water Treatment Plant tour at 9am that day) or on November 8 at between 10 and 11:45am. Just throwing out some dates and times, but feel free to suggest others. From: kathie walker < Sent: Wednesday, October 23, 2024 12:03 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Carolyn Smith < ; Brett Cross < ; Sandra Rowley < ; Stewjenkins Info < Subject: Noisy parties at fraternities / Halloweekend This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Council and Community Development, It only took three days after the City Council hearing on 10/15/2024 for the Lambda Chi Alpha fraternity to give our neighborhood the middle finger. On 10/18/2024 the fraternity had a loud party with fireworks reported in the 447 front yard of 1264 Foothill and a call to SLOPD was made at 10 p.m. (not by me or anyone in my family). Police responded at 11 p.m. Lambda Chi Alpha was issued a citation for a party with 50 people in attendance. This is their third noise citation this month but it may only be considered the first strike against their CUP but the call contained the trifecta of a noise violation, fireworks, and more occupants than allowed per the CUP. I want to acknowledge how challenging and complicated it is for Community Development to get on top of the fraternity situation, especially since Cal Poly is not sharing the locations where its fraternities are located which are holding events sanctioned by Cal Poly within our neighborhoods after being told my Community Development/Code Enforcement that this is against the City's laws. Also, Cal Poly does not share the locations of the main chapter houses for the 13 fraternities that don't have CUPs, even though it knows where they are located. Most main chapter fraternities are in rental homes in R-1 and R-2 neighborhoods and aren't eligible for CUPs. Despite these challenges for the City, Cal Poly continues to recruit more fraternity chapters to their campus without any provision for their fraternity houses. As Director Tway said at the Council meeting, there needs to be a program that oversees the fraternities (and sororities) and administers CUPs and compliance because there are 19 fraternities and dozens of satellite fraternity houses that hold events - mostly hosting large parties with sororities - in our residential neighborhoods where people are trying to rest. I've been studying this issue for two years and know where the main chapter houses are, and where most of the satellite houses that hold fraternity events are. I recently updated you with the addresses that held rush events earlier this month. I've also had several people reach out to me who have had fraternities move in near their homes that host sororities and cause a lot of noise. The problem is spreading into other neighborhoods. I've decided to create a report after each weekend for this academic year that lists the noise calls to SLOPD to each of the documented fraternity houses so the City can have some context about the resources utilized. I will also show a cumulative total of noise calls and outcomes for each documented fraternity address: Negative violation, Citation, Disturbance Advisement Card/DAC, or No Report. The report for last weekend, 10/17 - 10/20/2024, is attached. Theta Chi's party at 1350 Stafford & 496 Kentucky hosted sororities. I didn't call for the party and had fans running in my bedroom to drown out the noise of the sorority young women passing back and forth in front of our house. But our video surveillance shows many, many, many females dressed similarly, walking toward Kentucky looking at their phones saying it's two minutes away (which is consistent with the Stafford/Kentucky location from our house), and then later walking back toward Hathway and saying the frat party "got rolled" by police. There were at least nine calls to SLOPD for noisy parties at documented fraternities during the weekend. The information is attached. Cal Poly could confirm these fraternity parties because fraternities are required to register their parties through Greek life ahead of time. The upcoming weekend is Halloweekend and I'm sure SLOPD will be very busy. Last year, nearly every fraternity listed parties in their AB 524 Reports during the Halloweekend event, and some fraternities listed multiple parties during the weekend. It was a nightmare! I encourage each of you to visit at 10 pm (quiet hours) on Friday or Saturday because there are no words to describe the chaos. The Alta Vista neighborhood is not that big. Many parties are held up in the upper areas, like Albert Drive. My husband and I have decided to leave town for two nights to avoid the anxiety we went through last year. I've attached a PDF with the fraternity AB 524 Reports for October so you can see that most fraternities registered parties for the weekend, which will likely happen again this year. 448 Next week l will submit the report for the noise calls to documented fraternities during the weekend. Sincerely, Kathie Walker 449 From:Wallace, Christine Sent:Thursday, October 24, 2024 10:26 AM To:Sheats, Steven Subject:RE: Noisy parties at fraternities / Halloweekend Attachments:ADM29810.pdf; 1264FOOTHILL.pdf Hi Steve, Citation attached and an address history report for the property from January 1, 2023 to the present. Let me know if there’s anything else I can provide. Thanks! Christine From: Sheats, Steven <ssheats@slocity.org> Sent: Thursday, October 24, 2024 9:03 AM To: Wallace, Christine <cwallace@slocity.org> Subject: FW: Noisy parties at fraternities / Halloweekend Good morning! Can you please provide me the citation and any other details regarding the call below on 10/15 at 1264 Foothill? Thanks! Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications From: Mezzapesa, John <JMezzape@slocity.org> Sent: Thursday, October 24, 2024 8:58 AM To: Sheats, Steven <ssheats@slocity.org> Subject: FW: Noisy parties at fraternities / Halloweekend 450 From: kathie walker < Sent: Wednesday, October 23, 2024 12:03 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Carolyn Smith < ; Brett Cross < ; Sandra Rowley < ; Stewjenkins Info < Subject: Noisy parties at fraternities / Halloweekend This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Council and Community Development, It only took three days after the City Council hearing on 10/15/2024 for the Lambda Chi Alpha fraternity to give our neighborhood the middle finger. On 10/18/2024 the fraternity had a loud party with fireworks reported in the front yard of 1264 Foothill and a call to SLOPD was made at 10 p.m. (not by me or anyone in my family). Police responded at 11 p.m. Lambda Chi Alpha was issued a citation for a party with 50 people in attendance. This is their third noise citation this month but it may only be considered the first strike against their CUP but the call contained the trifecta of a noise violation, fireworks, and more occupants than allowed per the CUP. I want to acknowledge how challenging and complicated it is for Community Development to get on top of the fraternity situation, especially since Cal Poly is not sharing the locations where its fraternities are located which are holding events sanctioned by Cal Poly within our neighborhoods after being told my Community Development/Code Enforcement that this is against the City's laws. Also, Cal Poly does not share the locations of the main chapter houses for the 13 fraternities that don't have CUPs, even though it knows where they are located. Most main chapter fraternities are in rental homes in R-1 and R-2 neighborhoods and aren't eligible for CUPs. Despite these challenges for the City, Cal Poly continues to recruit more fraternity chapters to their campus without any provision for their fraternity houses. As Director Tway said at the Council meeting, there needs to be a program that oversees the fraternities (and sororities) and administers CUPs and compliance because there are 19 fraternities and dozens of satellite fraternity houses that hold events - mostly hosting large parties with sororities - in our residential neighborhoods where people are trying to rest. I've been studying this issue for two years and know where the main chapter houses are, and where most of the satellite houses that hold fraternity events are. I recently updated you with the addresses that held rush events earlier this month. I've also had several people reach out to me who have had fraternities move in near their homes that host sororities and cause a lot of noise. The problem is spreading into other neighborhoods. I've decided to create a report after each weekend for this academic year that lists the noise calls to SLOPD to each of the documented fraternity houses so the City can have some context about the resources utilized. I will also show a cumulative total of noise calls and outcomes for each documented fraternity address: Negative violation, Citation, Disturbance Advisement Card/DAC, or No Report. The report for last weekend, 10/17 - 10/20/2024, is attached. Theta Chi's party at 1350 Stafford & 496 Kentucky hosted sororities. I didn't call for the party and had fans running in my bedroom to drown out the noise of the sorority young women passing back and forth in front of our house. But our video surveillance shows many, many, many females dressed similarly, walking toward Kentucky looking at their phones saying it's two minutes away (which is consistent with the Stafford/Kentucky location from our house), and then later walking back toward Hathway and saying the frat party "got rolled" by police. 451 There were at least nine calls to SLOPD for noisy parties at documented fraternities during the weekend. The information is attached. Cal Poly could confirm these fraternity parties because fraternities are required to register their parties through Greek life ahead of time. The upcoming weekend is Halloweekend and I'm sure SLOPD will be very busy. Last year, nearly every fraternity listed parties in their AB 524 Reports during the Halloweekend event, and some fraternities listed multiple parties during the weekend. It was a nightmare! I encourage each of you to visit at 10 pm (quiet hours) on Friday or Saturday because there are no words to describe the chaos. The Alta Vista neighborhood is not that big. Many parties are held up in the upper areas, like Albert Drive. My husband and I have decided to leave town for two nights to avoid the anxiety we went through last year. I've attached a PDF with the fraternity AB 524 Reports for October so you can see that most fraternities registered parties for the weekend, which will likely happen again this year. Next week l will submit the report for the noise calls to documented fraternities during the weekend. Sincerely, Kathie Walker 10/24/24 San Luis Obispo Police Department 1001 10:20 Law Incident Addr. History Report, by Date Reported Page: 1 Inc. No. Reported Nature Address Loctn Dsp --------- ----------------- --------------- -------------------------- ----- --- 230124080 16:36:58 01/24/23 Noise Party 1264 FOOTHILL; GRID K-06, PN2 NR 230617125 23:23:44 06/17/23 Noise Party 1264 FOOTHILL # 1/2; GRID PN2 NR 230618008 01:42:35 06/18/23 NOISE 2ND RESP 1264 FOOTHILL # 1/2; GRID PN2 NR 230714002 00:34:08 07/14/23 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 231013056 15:29:11 10/13/23 COLL INJ 1264 FOOTHILL; GRID K-06, PN2 INA 231027094 21:45:00 10/27/23 Assist Req 1264 FOOTHILL; GRID K-06, PN2 NR 240119005 01:04:05 01/19/24 Noise Party 1264 FOOTHILL; AREA OF;GRI PN2 NR 240210090 22:10:09 02/10/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 240316008 03:24:56 03/16/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 240610092 22:45:26 06/10/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 240919057 13:53:30 09/19/24 Theft 1264 FOOTHILL; GRID K-06, PN2 INA 240921050 14:18:22 09/21/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 241002145 23:14:37 10/02/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 241009116 22:17:18 10/09/24 NOISE POLICE 1264 FOOTHILL; GRID K-06, PN2 NR 241018113 22:00:44 10/18/24 NOISE POLICE 1264 FOOTHILL; LAMBDA CHI PN2 NR -------------------------------------------------------------------------------- Total Incidents for This Report: 15 -------------------------------------------------------------------------------- Report Includes: All dates greater than `00:00:00 01/01/23` All location codes All cities All addresses matching `1264 foothill*` All agencies All offenses observed All offenses reported All offense codes All nature of incidents All circumstance codes -------------------------------------------------------------------------------- *** End of Report /tmp/rpt3XERTR-rplwiahr.r1_1 *** 461 From:Shoresman, Michelle Sent:Wednesday, October 23, 2024 8:48 PM To:kathie walker Subject:RE: Noisy parties at fraternities / Halloweekend Hi Kathie, I wanted to let you know that I acknowledge your frustration, and I hope you know that I am frustrated to. This has been a complicated (as you know and point out) issue. It is still taking me a long time to wrap my head around all the complexities associated with it. I have been having trouble getting my schedule to mesh with Director Tway’s schedule to talk about this in greater detail, but have proposed some dates and times and will keep working on it. In the meantime, I really would appreciate a regular report from you. I don’t think it needs to be as thorough, personally, as what you have provided, but a cumulative listing of each frat party, addresses and which zone they are in, and dates of those that result in some sort of action, so we can tell how many each end up with over a period of time, that would be helpful, I think. Thanks again, and I hope you have an enjoyable Halloween, wherever you choose to spend it. Michelle From: kathie walker < Sent: Wednesday, October 23, 2024 12:03 PM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Cc: Carolyn Smith < ; Brett Cross < ; Sandra Rowley < ; Stewjenkins Info < Subject: Noisy parties at fraternities / Halloweekend This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Council and Community Development, It only took three days after the City Council hearing on 10/15/2024 for the Lambda Chi Alpha fraternity to give our neighborhood the middle finger. On 10/18/2024 the fraternity had a loud party with fireworks reported in the front yard of 1264 Foothill and a call to SLOPD was made at 10 p.m. (not by me or anyone in my family). Police responded at 11 p.m. Lambda Chi Alpha was issued a citation for a party with 50 people in attendance. This is their third noise citation this month but it may only be considered the first strike against their CUP but the call contained the trifecta of a noise violation, fireworks, and more occupants than allowed per the CUP. I want to acknowledge how challenging and complicated it is for Community Development to get on top of the fraternity situation, especially since Cal Poly is not sharing the locations where its fraternities are located which are holding events sanctioned by Cal Poly within our neighborhoods after being told my Community Development/Code Enforcement that this is against the City's laws. Also, Cal Poly does not share the locations of the main chapter houses for the 13 fraternities that don't have CUPs, even though it knows where they are located. Most main chapter fraternities are in rental homes in R-1 and R-2 neighborhoods and aren't eligible for CUPs. Despite these challenges for the City, Cal Poly continues to recruit more fraternity chapters to their campus without any provision for their fraternity houses. 462 As Director Tway said at the Council meeting, there needs to be a program that oversees the fraternities (and sororities) and administers CUPs and compliance because there are 19 fraternities and dozens of satellite fraternity houses that hold events - mostly hosting large parties with sororities - in our residential neighborhoods where people are trying to rest. I've been studying this issue for two years and know where the main chapter houses are, and where most of the satellite houses that hold fraternity events are. I recently updated you with the addresses that held rush events earlier this month. I've also had several people reach out to me who have had fraternities move in near their homes that host sororities and cause a lot of noise. The problem is spreading into other neighborhoods. I've decided to create a report after each weekend for this academic year that lists the noise calls to SLOPD to each of the documented fraternity houses so the City can have some context about the resources utilized. I will also show a cumulative total of noise calls and outcomes for each documented fraternity address: Negative violation, Citation, Disturbance Advisement Card/DAC, or No Report. The report for last weekend, 10/17 - 10/20/2024, is attached. Theta Chi's party at 1350 Stafford & 496 Kentucky hosted sororities. I didn't call for the party and had fans running in my bedroom to drown out the noise of the sorority young women passing back and forth in front of our house. But our video surveillance shows many, many, many females dressed similarly, walking toward Kentucky looking at their phones saying it's two minutes away (which is consistent with the Stafford/Kentucky location from our house), and then later walking back toward Hathway and saying the frat party "got rolled" by police. There were at least nine calls to SLOPD for noisy parties at documented fraternities during the weekend. The information is attached. Cal Poly could confirm these fraternity parties because fraternities are required to register their parties through Greek life ahead of time. The upcoming weekend is Halloweekend and I'm sure SLOPD will be very busy. Last year, nearly every fraternity listed parties in their AB 524 Reports during the Halloweekend event, and some fraternities listed multiple parties during the weekend. It was a nightmare! I encourage each of you to visit at 10 pm (quiet hours) on Friday or Saturday because there are no words to describe the chaos. The Alta Vista neighborhood is not that big. Many parties are held up in the upper areas, like Albert Drive. My husband and I have decided to leave town for two nights to avoid the anxiety we went through last year. I've attached a PDF with the fraternity AB 524 Reports for October so you can see that most fraternities registered parties for the weekend, which will likely happen again this year. Next week l will submit the report for the noise calls to documented fraternities during the weekend. Sincerely, Kathie Walker 477 From:Wallace, Christine Sent:Wednesday, October 23, 2024 8:51 AM To:Celeste Nicole Constancio Subject:RE: Visits to FSL orgs Attachments:SLO016 - Halloween 8-5x11 PRINT.pdf Hi Celeste, I have a conflict and can’t swing coming to the PHC meeting tomorrow. Could you please provide a brief reminder to the attendees of the safety enhancement zone? The flyer is attached. Many thanks, Christine From: Celeste Nicole Constancio <cconst02@calpoly.edu> Sent: Tuesday, October 22, 2024 9:48 AM To: Wallace, Christine <cwallace@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Seth Herschel Murawsky <shmuraws@calpoly.edu> Subject: Re: Visits to FSL orgs This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. I hope you feel better! Just let me know if you need to reschedule. Best, Celeste Constancio-Schubert, B.S. pronouns she/her/hers Leadership & Assessment Coordinator, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7200 Book a time to meet with me! On Campus – Wed/Thur Remote – Mon/Tues/Fri https://outlook.office365.com/owa/calendar/CalPolyFraternitySororityLife@cpslo.onmicrosoft.com/bookings/ From: Wallace, Christine <cwallace@slocity.org> Date: Monday, October 21, 2024 at 4:39  PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Celeste Nicole Constancio <cconst02@calpoly.edu>, Seth Herschel Murawsky <shmuraws@calpoly.edu> Subject: Visits to FSL orgs Hi everyone, So, I am either getting sick or I have terrible allergies. I can’t actually tell at this point, but I don’t feel wonderful. To be cautious, I’m going to skip USFC tonight because I don’t want to expose anyone to me if I am sick. Seth, would you mind providing a reminder to the crew that the safety enhancement zone begins on Thursday? I’ve attached the flyer. 478 I’ll be in touch tomorrow morning about IFC. Celeste, I may have a conflict with Thursday, I’ll be in touch. Sorry I’m lame.  Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 6’0” 5’6” 5’0” 4’6” 4’0” 3’6” 3’0” 2’6” DON’T SPEND YOUR HALLOWEEN IN JAIL . AV O ID PA R T Y R E GRET This Halloween, laws are strictly enforced and fines are DOUBLED. & N O ISE U NRULY G ATHERING O PEN C O N TAIN E R P U BLIC U RINATIO N FINES ARE DOUB LED! $700 T O $1000 DRU NK IN P UBLIC MINOR IN PO SSESSIO N • D U I ARRES T & FIN E S LOSS OF LICENSE FOR MIP RESP E C T S L O .C O M SAFETY ENHANCEMENT ZONE: HALLOWEEN THURS, 10/24, 12AM – MON, 10/28, 7AM THURS, 10/31, 12AM – MON, 11/4, 7AM Portable toilets will be provided downtown by Downtown SLO. 479 From:Zion, Sarah Sent:Wednesday, October 23, 2024 8:15 AM To:Wooten, Eric Subject:RE: Grand Jury Records Request I do not know, unfortunately. This is related to all the fraternity and sorority houses, but I’m not sure who submitted the request. From: Wooten, Eric <ewooten@slocity.org> Sent: Tuesday, October 22, 2024 5:29 PM To: Zion, Sarah <SZion@slocity.org> Subject: FW: Grand Jury Records Request Do you know who convened the grand jury? Was it county counsel? The DA? Do you know if it is a civil or criminal grand jury? Looks like rules might be a little different dependent on these. Thanks! From: Zion, Sarah <SZion@slocity.org> Sent: Tuesday, October 22, 2024 4:59 PM To: Wooten, Eric <ewooten@slocity.org> Subject: Grand Jury Records Request Hi Eric, 480 Question regarding the records request from the Grand Jury. They are requesting code enforcement records for certain addresses. PD has provided service calls, and out office has provided appeal information. Code Enforcement has provided our office their records and mentioned that their files have reporting party names/information, and that this information is usually redacted. Would we need to go through and make these redactions? I’ve attached the request from the Grand Jury, and here is the link to the files from Code Enforcement. Grand Jury Records Request Thank you, Sarah Zion pronouns she/her/hers Legal Assistant II City Attorney's Office 990 Palm, San Luis Obispo, CA 93401-3249 E szion@slocity.org T 805.783.7856 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. 486 From:McDonald, Whitney Sent:Tuesday, October 22, 2024 5:41 PM To:Hermann, Greg; Dietrick, Christine Subject:Mid-Week Update Attachments:2024.10.15 MB 3CE Rotation 2025 - signed.pdf; FAQ FSL 101524.docx BCC: Mayor and Council Good evening, Mayor and Council.  Cal Poly FAQs re Fraternities and Sororities – Shortly before our Council meeting began last Tuesday, Courtney Kienow sent me a copy of a FAQs page that Cal Poly put together regarding Fraternities and Sororities. The document was put together very quickly and includes some interesting positions that I will talk through more fully with Cal Poly leadership when possible, including as part of a larger fraternity enforcement discussion.  487  I will plan to send another email on Friday or Saturday with new updates from the week. Thank you, all!! Whitney Whitney McDonald pronouns (she/hers) City Manager City Administration 990 Palm, San Luis Obispo, CA 93401-3934 E WMcDonal@slocity.org T 805.781.7114 C 805.550.8349 slocity.org Stay connected with the City by signing up for e-notifications Fraternity & Sorority Life FAQs October 15, 2024 Does Cal Poly own the fraternity or sorority houses?  No, Cal Poly does not own any of the fraternity or sorority houses. Most organizations do not have a main lettered facility. Those that do are owned either by their chapter housing board, inter/national headquarters, or they rent from an independent landlord. Does Cal Poly approve fraternity and sorority parties oƯ campus?  Fraternities and sororities are required to notify us about their events o Ư campus, which includes events with and without alcohol, at their residences or oƯ-site facility (i.e. a restaurant, Vet’s Hall, etc.) In the notification process, Cal Poly reminds the event organizers about their obligations for safety, and that they must also ensure they are in compliance with city ordinances around noise and zoning. Cal Poly does not approve or deny parties – we approve/deny the registration. Which fraternities are illegal?  “Illegal fraternity” is an inaccurate colloquialism. The Constitution of the United States of America is clear about the 1st Amendment right to freedom of association. In addition, the organizations in question are recognized at the state and/or federal level as 501(c)(3) organizations. o You could mention here that every fraternity currently listed on our greeklife.calpoly.edu website is recognized by the university. How does Cal Poly hold fraternities and sororities accountable for misconduct?  Developmental approach o Educational and remedial sanctions are typically included as part of OSRR’s sanctioning process. These sanctions may include, but are not limited to, social risk-management training, seminars/presentations, community service, and other programming specific to the incident that gave rise to the investigation. o OSRR also collaborates with (inter)national Headquarters staƯ to provide supplemental training/programming for an organization, specific to the organization’s needs. o OSRR may also recommend that an organization conduct a member review to ensure that member actions align with institutional and organizational expectations  Title 5 (Student Code of Conduct) & RSOCC (Recognized Student Organization Code of Conduct). o Students reported for behaviors may go through an individual conduct process (through Title 5) and their behaviors may also subject the organization to an organizational conduct process  Example: Hazing, lead by a New Member Educator, may undergo an RSOCC and Title 5 process for the specific student hazing  Judicial Boards – OSRR may make a Judicial Board referral for a report that does not rise to the level of a potential RSOCC violation. o Example: Two years ago fraternity members, while wearing their letters, held signs objectifying women during move-in.  No, a misconduct violation does not mean the organization’s recognition is removed. Does Cal Poly hold students accountable for noise violations?  Title V does not address noise as a factor for student conduct. For repeat oƯenders in the fraternity and sorority community, we do meet with residents to have developmental conversations.  Note: I don’t think this is what they are looking for, but sometimes we have IFC Judicial Hearings for excessive noise citations. This is a student process where peers determine the outcome, but it is led by the IFC Advisor. Sanctions typically include forbidding that chapter to have events at that location for a period of time. What is Cal Poly’s stance on future growth or reduction of fraternities and sororities?  Cal Poly is actively seeking to grow the number of fraternities and sororities on campus. The eƯects of this eƯort help to keep down large numbers per organization as demand increases. We expect the overall membership to remain consistent at around 18-20% as the student body grows. What are Cal Poly’s plans to develop a Greek Village on campus?  This item for student organization housing remains in the campus master plan, and the timeline is unknown at this time as eƯorts are focused on other projects. Of note, it is not realistic to expect all fraternity and sorority chapters, houses, or members to then live on campus when this opens. As new chapters continue to join the community, we do not expect to build a new house on campus for each organization. We also expect there are some organizations who are excited and willing to support an on-campus facility, and others who will not be ready to do so for a variety of reasons. 488 From:Menesez, Marjorie Sent:Tuesday, October 22, 2024 5:29 PM To:kathie walker Subject:RE: Noise calls 496 Kentucky and 1350 Stafford Attachments:PDUNIFLOW_PD Records Copier_4892_001.pdf Okay. Attached is 1350 Stafford. From: kathie walker < Sent: Tuesday, October 22, 2024 5:24 PM To: Menesez, Marjorie <mmenesez@slocity.org> Subject: Re: Noise calls 496 Kentucky and 1350 Stafford Thank you Marjorie. I misspelled the address in the body of the email and meant 1350 Stafford which is on the same lot as 496 Kentucky. So sorry. On Tue, Oct 22, 2024 at 5:21 PM Menesez, Marjorie <mmenesez@slocity.org> wrote: Hi Kathie, Both addresses are attached. Have a good day, Marjorie From: kathie walker < Sent: Tuesday, October 22, 2024 2:03 PM To: Menesez, Marjorie <mmenesez@slocity.org> Subject: Noise calls 496 Kentucky and 1350 Stafford This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Marjorie, 489 When it's convenient, would you please send me the noise calls made to SLOPD for the parcel of land with two houses, 496 Kentucky and 1250 Stafford, and the clearance of each call for the period of 8/1/2023 to 10/22/2024? (The fraternity Theta Chi occupies the property in an R-2 residential neighborhood.) Thank you for your help. -Kathie Walker ro/22/24 L7:27 NSPY OFF /LOC / CLEARANCE Incident address San Luis Obispo Police Department NSPY Clearnace Data Page Responsible off Cle Offe 195 1 When reported 1350 1350 13 50 1350 13 50 13 s0 l_350 = r1u: STAFFORD; STAFFORD; STAFFORD; STAFFORD; STAFFORD; STAFFORD; STAFFORD; !'1"1010: GRID K-07 GRID K-07 GRID K-07 GR]D K-07 GRID K-07 GRID K-07 GRID K-07 3*lo=^=ol 23:13:00 21:11:08 2L:.22 :27 22:I0l.32 22218251 2]-:30 229 22:40 z1L 22:22:LL 02/02/2024 02/1,5/2024 02/22/ZOz+ o4/1,8/2024 05/02/2024 os /1,8 / 2024 05/L8/2024 Lo /1,8 / 2024 Herrera, M Y€, Jeremy,Jarvis, A OrLiz, D Jessen, S Cutfer, B Cutfer, B Bravo, NV NSPY NV NSPY NV NSPY DAC NSPY CIT NSPY CIT NSPY NV NSPY D NR NSPY 492 From:Menesez, Marjorie Sent:Tuesday, October 22, 2024 5:21 PM To:kathie walker Subject:RE: Noise calls 496 Kentucky and 1350 Stafford Attachments:PDUNIFLOW_PD Records Copier_4891_001.pdf Hi Kathie, Both addresses are attached. Have a good day, Marjorie From: kathie walker < Sent: Tuesday, October 22, 2024 2:03 PM To: Menesez, Marjorie <mmenesez@slocity.org> Subject: Noise calls 496 Kentucky and 1350 Stafford This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Marjorie, When it's convenient, would you please send me the noise calls made to SLOPD for the parcel of land with two houses, 496 Kentucky and 1250 Stafford, and the clearance of each call for the period of 8/1/2023 to 10/22/2024? (The fraternity Theta Chi occupies the property in an R-2 residential neighborhood.) Thank you for your help. -Kathie Walker 1,0/22/24 l-7:18 NSPY OFF /LOC/CLEARANCE : Incident address San Luis Obispo Pol-ice Department NSPY Clearnace Data 795 t_Page: When reported Responsible off Cle Offe 496 496 496 496 496 496 496 KENTUCKY; KENTUCKY; KENTUCKY; KENTUCKY; KENTUCKY; KENTUCKY; KENTUCKY; KENTUCKY; GRID K-06 GRID K-06 GRID K-06 AREA; GRID GRID K-06 GRID K-06 GRID K-05 =":'? I-:t= 20:26 230 21, :44 t 2'7 2t:22 z 00 22 z]-5:.04 22:23:45 22 :56 :45 2L t 06 :57 ='!'?t '=u! t0/28/2023 sisemore, P ro/28/2023 sisemore, P 02 / 15 / 2024 Ye, ,Jeremy 05 / 02 / 2024 ,lessen, S 05/18/zozq Cutler, B 06/08/2024 Gingery, B 70/L8/2024 Bravo, D 1,0 / rB / 2024 Bravo, D NV NSPY CIT NS CAN NS CIT NS NV NS CIT NS NV NS = =r:t=*: PY PY PY PY PY PY 496 PY ro/22/24 1-7:20 NSPY OFF / LOC / CLEARANCE : Incident address San Luis Obispo Pol-ice DeparLment NSPY Cl-earnace Data Page: When reported Responsible off C1e Offe 195 t- L250 L250 1250 1.250 STAFFORD; STAFFORD; STAFFORD; STAFFORD; 259:24 :31:15 :04 :15 '?o :o! 0e/21,/2023 1,0/28/2023 1,2/07/2023 05/24/2024 Fernandez, Rodriguez, Ty1er, B GR]D K-07 20 GRID K-07 01 AREA OF; G 20 3*lo=*=o! =t2 J \J NV NV NV NV NSPY NSPY NSPY NSPYt1er, BCu 499 From:Wallace, Christine Sent:Tuesday, October 22, 2024 10:27 AM To:Elizabeth Aiello-Coppola Subject:RE: 68 Chorro Perf, thank you. CW From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Tuesday, October 22, 2024 10:15 AM To: Wallace, Christine <cwallace@slocity.org> Subject: Re: 68 Chorro This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. It is not! 뇤눎눐눑눒눏 Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Wallace, Christine <cwallace@slocity.org> Date: Tuesday, October 22, 2024 at 10:10 AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: 68 Chorro Hi, Is 68 Chorro currently a satellite house? I’ve gotten a party reg request for this weekend. Thanks, Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 500 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 509 From:Sheats, Steven Sent:Tuesday, October 22, 2024 7:47 AM To:Wallace, Christine Subject:RE: 280 California They do. We met with the current tenants and discussed the violations. Then we had a conference call with the property manager/representative and the reps for the fraternity organization. Hopefully they’re quiet for a while…time will tell. Steve From: Wallace, Christine <cwallace@slocity.org> Sent: Monday, October 21, 2024 4:24 PM To: Sheats, Steven <ssheats@slocity.org> Subject: RE: 280 California Nope, crickets. They know they are under review, right? CW From: Sheats, Steven <ssheats@slocity.org> Sent: Monday, October 21, 2024 3:13 PM To: Wallace, Christine <cwallace@slocity.org> Subject: RE: 280 California Hey there, Just wondering if there’s been any activity at 280 California so far this year. Thanks! Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications 510 From: Sheats, Steven <ssheats@slocity.org> Sent: Monday, June 10, 2024 1:31 PM To: Wallace, Christine <cwallace@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: 280 California They get citations for trash in their parking lot and pay it within a couple of days, if not the same day. Must just have a ton of money to burn… From: Wallace, Christine <cwallace@slocity.org> Sent: Monday, June 10, 2024 1:19:04 PM To: Sheats, Steven <ssheats@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: 280 California Yep. I think they literally don’t care. From: Sheats, Steven <ssheats@slocity.org> Sent: Monday, June 10, 2024 1:14 PM To: Wallace, Christine <cwallace@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: 280 California Of course they did. lol Thanks! From: Wallace, Christine <cwallace@slocity.org> Sent: Monday, June 10, 2024 1:05:57 PM To: Sheats, Steven <ssheats@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org> Subject: RE: 280 California Updated citation list for 280 California, they got another one over the weekend. CW From: Sheats, Steven <ssheats@slocity.org> Sent: Monday, June 10, 2024 12:13 PM To: Wallace, Christine <cwallace@slocity.org> Subject: RE: 280 California My mistake. John sent me what I needed, sorry. Thank you, Steve From: Sheats, Steven Sent: Monday, June 10, 2024 12:09 PM To: Wallace, Christine <cwallace@slocity.org> Subject: RE: 280 California Hey Wallace, 511 Can you please let me know of the citations issued at 280 California? If we could go as far back as a year that would be great. We are looking to do a use permit review for the fraternity. Thank you, Steve Sheats Code Enforcement Officer Interim Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications From: Wallace, Christine <cwallace@slocity.org> Sent: Monday, May 20, 2024 1:55 PM To: Sheats, Steven <ssheats@slocity.org> Subject: 280 California Hi Steve, 280 California was issued a citation for Unruly Gathering on Friday night. I’ll be citing the property owner later this week as well. Thanks, Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities 512 other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 513 From:Wallace, Christine Sent:Monday, October 21, 2024 4:47 PM To:Seth Herschel Murawsky Subject:RE: Visits to FSL orgs Thanks Seth! From: Seth Herschel Murawsky <shmuraws@calpoly.edu> Sent: Monday, October 21, 2024 4:42 PM To: Wallace, Christine <cwallace@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Celeste Nicole Constancio <cconst02@calpoly.edu> Subject: Re: Visits to FSL orgs This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. So sorry you are not feeling well! I will be sure to give the reminders tonight! Get well soon! Seth Murawsky, M.Ed. pronouns he/him/his Why Do Pronouns Matter? Equity & Inclusion Lead Coordinator, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7267 Book a meeting with me here From: Wallace, Christine <cwallace@slocity.org> Date: Monday, October 21, 2024 at 4:38  PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>, Celeste Nicole Constancio <cconst02@calpoly.edu>, Seth Herschel Murawsky <shmuraws@calpoly.edu> Subject: Visits to FSL orgs Hi everyone, So, I am either getting sick or I have terrible allergies. I can’t actually tell at this point, but I don’t feel wonderful. To be cautious, I’m going to skip USFC tonight because I don’t want to expose anyone to me if I am sick. Seth, would you mind providing a reminder to the crew that the safety enhancement zone begins on Thursday? I’ve attached the flyer. I’ll be in touch tomorrow morning about IFC. Celeste, I may have a conflict with Thursday, I’ll be in touch. Sorry I’m lame.  Christine Wallace Police Public Affairs Manager 514 Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 536 From:Hanh, Hannah Sent:Monday, October 21, 2024 8:14 AM To: Subject:USE-0587-2024 (1327 Foothill) - Application Review Attachments:2024 10 21 - USE-0587-2024 (1327 Foothill) Incomplete Letter.pdf Good morning Ben, I wanted to follow up on your Conditional Use Permit (CUP) application to allow a fraternity at 1327 Foothill. Attached is a letter containing staff’s comments after the initial completeness review of your submittal. Please take a look and let me know if you have any questions. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications October 21, 2024 Sent via email Ben Hamik Epsilon Delta of Beta Theta Pi 477 Ramona Drive San Luis Obispo, CA 93405 Subject: Completeness Review #1: USE-0587-2024 (1327 East Foothill Boulevard; APN 052-082-008) – Request for a Conditional Use Permit to establish a fraternity use. Dear Ben Hamik: Thank you for the submittal for the subject project on September 20, 2024. We have reviewed your application and found it to be incomplete. We will be unable to process your application until additional information and/or revisions have been submitted to the satisfaction of the Community Development Director. Preliminary review is necessary to ensure that staff has adequate information to evaluate your project and identify any conflicts with City standards or guidelines. The purpose of this letter is to provide you with a list of items that need to be addressed prior to taking action on your project. Preliminary review indicates that your application will remain in an incomplete status until the following information and/or revisions are submitted: Note: Upon resubmittal, please provide a narrative indicating where responses to these items can be found on plans. Department comments/completeness items: Planning Division – Community Development Department 1. Project Description – Revise the written project description to address the following comments: a. The description states the property currently houses nine (9) fraternity members. Clarify whether there would be a maximum of nine (9) members, or if additional members may be housed at this location in the future. Please revise to clearly identify the maximum or total requested number of members for the fraternity. b. Include the total square footage of, and number of bedrooms in, the house. USE-0587-2024 – Completeness Review #1 October 21, 2024 Page 2 c. Identify the total number of parking spaces onsite that are in compliance with the City’s Parking and Driveway standards. The required number of parking spaces is calculated per Table 3-4 for a fraternity. d. Clarify who Ben Hamik is in relation to the fraternity (i.e., president, etc.). 2. Project Plans – Please revise the project plans to address the following comments: a. A note on the site plan states this is a multi-level house, but a floor plan of only one level was provided. In addition, a note on the floor plan states that there is a proposed addition. It is also noted that the floor plan provided does not include the garage, overhang, or deck, which are spaces shown on the site plan. Please clarify and resubmit a plan set that is consistent between all sheets and accurately reflects the entirety of the house. b. Label the use or purpose of all rooms and areas such as the bedrooms, bathrooms, kitchen, living room, etc. on the plans. c. Clarify whether there are any proposed improvements to the house and/or site as part of this application (i.e., any changes to the floor plan, driveway improvements, etc.). d. Label dimensions of the existing driveway area. e. Label and number all parking spaces, including those located within the garage and as surface spaces. Include the required dimensions of bay widths and stall lengths for each space, required clearances for maneuverability, etc. Please note the parking spaces must be comply with the City’s Parking and Driveway standards and cannot be arranged in a stacked formation as proposed. At most, tandem parking (i.e., no more than two cars arranged in tandem) may be requested. f. Provide callouts for the property lines, driveways, parking areas, landscaping areas, etc. 3. Subsequent Reviews – Additional comments may be forthcoming as more information is received. Upon resubmittal, provide written responses to each comment. If you have any questions on the above Planning comments, or any questions regarding this letter, please contact me at (805) 781-7432, or by e-mail at: hhanh@slocity.org. Building Division – Community Development Department 4. The statement on the number of people is considered overcrowding based on the floor plan submitted. Below are preliminary calculations based on the floor plan provided: Bedroom #1: ~138 SF which would allow 2 occupants Bedroom #2: ~156 SF which would allow 2 occupants Bedroom #3: ~113 SF which would allow 1 occupant For this calculation, refer to 2022 International Property Maintenance Code Section 404. Consider removing the closet space to expand the square footages in Bedrooms #2 and #3 in order to possibly have more occupants. USE-0587-2024 – Completeness Review #1 October 21, 2024 Page 3 5. Clarify where the french door leads to, and what is included for the proposed addition. 6. Please clarify the location of all rooms. The site plan appears to show the garage where living room/dining room is located. 7. Clarify whether the parties are public or private events. If you have questions on the above Building comments, please contact Plans Examiner, Sean McCaffrey (805) 781-7168, or by e-mail: smccaffrey@slocity.org. Fire Department 8. If with addition, occupant load reaches or exceeds 16 persons in the house, there is an occupancy classification change, exceeds 50% cost of the buildings value, or exceeds 1000 sf, fire sprinklers will be required to be installed. 9. Smoke detectors required to be hard wired, installed, and interconnected in accordance with section 907.2.11.2 of the 2022 California Fire Code. 10. Fire extinguishers required in accordance with section 906 of the 2022 California Fire Code. If you have questions on the above Fire comments, please contact Fire Inspector, Julianna Hutchinson, at (805) 783-7805 or by email jhutchinson@slocity.org. Engineering Division – Community Development / Public Works Departments 11. Clarify the number of parking spaces. The parking design must be in compliance with current Engineering Standards for parking. 12. Remove mention of the middle lot line on the plans because it is a single lot, instead of two (2) lots. If you have questions on the above Engineering comments, please contact Senior Civil Engineer, Steve LaChaine, at (805) 781-7201 or by email slachaine@slocity.org. The above list includes all of the items initially identified as necessary for us to certify your application as complete. The City may ask for additional information upon more detailed review of your project. If you have any questions regarding this letter or the specific items necessary to submit for a complete application, please contact me at (805) 781-7432 or hhanh@slocity.org. USE-0587-2024 – Completeness Review #1 October 21, 2024 Page 4 Sincerely, Hannah Hanh Associate Planner Community Development 537 From:Wallace, Christine Sent:Saturday, October 19, 2024 5:38 PM To:Inglehart, Brent Subject:Re: Alpha Epsilon Pi Chapter Meeting - Follow Up Hi, didn’t hear from you on this so I’m making sure it’s on your radar. CW On Oct 17, 2024, at 1:18 PM, Wallace, Christine <cwallace@slocity.org> wrote: Hi, this presentation was supposed to be at 1pm and changed to 2pm. Could you adjust the schedule? I think it’s Crawford coming me but I might be wrong, but could you confirm who for me. I need to connect with the officer also. Thanks, CW Begin forwarded message: From: "Wallace, Christine" <cwallace@slocity.org> Date: October 17, 2024 at 12:57:11 PM PDT To: Adam Wechsler <aepi.presidentcalpoly@gmail.com> Subject: Re: Alpha Epsilon Pi Chapter Meeting - Follow Up Hi Adam, Yes, I would like to come on Sunday. I’ll be there at 2pm. Thanks, Christine On Oct 17, 2024, at 12:18 PM, Adam Wechsler <aepi.presidentcalpoly@gmail.com> wrote: This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ________________________________ 538 Hi Christine! I wanted to reach out and follow up with you about our organization's chapter meeting this upcoming Sunday. Are you still interested in giving a presentation to the members of our organization? Please let me know. It will be held at 2 P.M. in Baker 101. Thank you in advance, and I look forward to hearing from you soon. Best, Adam Wechsler Alpha Epsilon Pi Fraternity President | ΣΩ Chapter Cal Poly San Luis Obispo | Psychology 539 From:SLO <noreply@user.govoutreach.com> Sent:Saturday, October 19, 2024 1:27 AM To:Code Enforcement Subject:Ask SLO Request #: 8747 Due Today Categories:Ask SLO Request This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Request # 8747 from the Government Outreach System is due today. Request type: Problem Request area: Land Use Violation Reported by: Description: Illegal fraternity 'car wash' to be held 10.18.2024. First, this fraternity event is held at an unpermitted fraternity house. Second, paid car washes are illegal in neighborhoods. (10.36.080 No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any street in this city, when a charge is made for such service. (Prior code § 3209.7)) Third, this address was sent an Advisory Letter for as a suspected illegal fraternity. It is definitely operating as a fraternity with members living at the address. Expected Close Date: 10/19/2024 Click here to access the request 542 From:Hanh, Hannah Sent:Friday, October 18, 2024 10:18 AM To:Lambda Chi Alpha - Phi Sigma Zeta Subject:RE: 06/12 Planning Commission Hearing - Lambda Chi Alpha Hi Thomas, The resolution will need final signatures from the Mayor, City Attorney, and City Clerk. Once it is signed off within the next few days, I will send you a copy. Thank you, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Lambda Chi Alpha - Phi Sigma Zeta <slolca.alpha@gmail.com> Sent: Wednesday, October 16, 2024 7:00 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: 06/12 Planning Commission Hearing - Lambda Chi Alpha Hi Hannah, Can you please send me the final version of the Conditional use Permit from last night. Best Regards, Thomas Symer ΛXA 2024 President Cal Poly, San Luis Obispo ( slolca.alpha@gmail.com On Tue, Oct 15, 2024 at 8:22 AM Hanh, Hannah <hhanh@slocity.org> wrote: 543 Hi Thomas, In case you did not see the correspondence that has come in for the appeal (item 6b), here is a direct link to all of the letters: https://opengov.slocity.org/WebLink/Browse.aspx?id=200560&cr=1 Sincerely, Hannah From: Hanh, Hannah Sent: Wednesday, October 9, 2024 8:54 AM To: 'Lambda Chi Alpha - Phi Sigma Zeta' <slolca.alpha@gmail.com> Subject: RE: 06/12 Planning Commission Hearing - Lambda Chi Alpha Hi Thomas, Here is a link to the City Council agenda next Tuesday, October 15th at 5:30 pm. The fraternity appeal is Item 6b, which is the second hearing item. It will be held in the same location and same room as the Planning Commission hearing at City Hall in the Council Chambers. If you have a PowerPoint that you would like to share, please email me a copy by next Monday, October 14 th at noon (12:00 pm), and I will have it ready for you the next evening. As the applicant, you will have 10 minutes to speak/present the project and you may choose to reserve a portion of those minutes for any responses/rebuttals. Let me know if you have any questions leading up to the hearing next week. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org 544 T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Hanh, Hannah Sent: Friday, July 26, 2024 5:15 PM To: Lambda Chi Alpha - Phi Sigma Zeta <slolca.alpha@gmail.com> Subject: RE: 06/12 Planning Commission Hearing - Lambda Chi Alpha Hi Thomas, Sorry about that – I thought our office had sent a hard copy in the mail. Here is a direct link to the resolution for the approval by Planning Commission: Resolution No. PC-1085-24 Since an appeal was filed, the Conditional Use Permit (CUP) is pending review by the City Council on October 15 th. There will be an updated resolution once the decision by Council is made at that hearing. If the project is ultimately approved, the updated resolution will have the final set of conditions. Let me know if you have any questions. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 545 From: Lambda Chi Alpha - Phi Sigma Zeta <slolca.alpha@gmail.com> Sent: Friday, July 26, 2024 1:28 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: 06/12 Planning Commission Hearing - Lambda Chi Alpha Hannah, Hope your summer is well. Could you please forward me the copy of the conditional use permit. I never received it after the hearing. Best Regards, Thomas Symer ΛXA 2024 President Cal Poly, San Luis Obispo ( slolca.alpha@gmail.com On Tue, Jun 11, 2024 at 11:57 AM Hanh, Hannah <hhanh@slocity.org> wrote: Good morning Thomas, Public comment was submitted on your item for the hearing tomorrow tonight. The comments can be found here. Please note that this webpage will be updated whenever the City Clerk receives correspondences, so I recommend that you revisit the link periodically prior to the hearing. After staff’s presentation tomorrow, you will have the opportunity to speak on behalf of the project. If you have a PowerPoint that you would like to share as part of your presentation, please send it to me by 10:00 am tomorrow and I will have it ready for you at the hearing. Sincerely, 546 Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Hanh, Hannah Sent: Thursday, June 6, 2024 8:49 PM To: 'Christopher Hanson' < Cc: 'Lambda Chi Alpha - Phi Sigma Zeta' <slolca.alpha@gmail.com> Subject: RE: CUP #3 Hi Chris and Thomas, The agenda for the June 12th Planning Commission hearing was published yesterday. Please see Item 4.a for the staff report. Let me know if you have any questions leading up to the hearing. I will let you know about public correspondences received. Sincerely, Hannah From: Hanh, Hannah Sent: Monday, June 3, 2024 11:09 AM To: Christopher Hanson < Subject: RE: CUP #3 547 Thanks Chris. I also received the site plan from Chris Allen. I will follow up with a link to the agenda and staff report once they are published on Wednesday. Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Christopher Hanson < Sent: Friday, May 31, 2024 6:25 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: RE: CUP #3 Hi Hannah, Here is the proposal with the updates you requested. If you haven't received it yet our architect will send you the other information you wanted early next week. Best, Chris On 05/17/2024 5:09 PM PDT Hanh, Hannah <hhanh@slocity.org> wrote: 548 Hi Thomas and Chris, I wanted to follow up on the status of the two items requested in my previous emails. Could you let me know where you are at with those? Sincerely, Hannah From: Hanh, Hannah Sent: Monday, May 13, 2024 11:28 AM To: Lambda Chi Alpha - Phi Sigma Zeta <slolca.alpha@gmail.com>; Chris Hanson < Subject: RE: CUP #3 Hi Thomas and Chris, Glad you’re able to make it, Thomas! For your reference, attached is a copy of the staff report for Delta Gamma. Friendly reminder to please send me the revised site plan (show the entire property) and project statement (minor revisions to the parking descriptions and special event schedule). If you can send both to me by this Wednesday, that would be great. Thanks, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 549 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications From: Lambda Chi Alpha - Phi Sigma Zeta <slolca.alpha@gmail.com> Sent: Thursday, May 9, 2024 9:00 PM To: Chris Hanson < Cc: Hanh, Hannah <hhanh@slocity.org> Subject: Re: CUP #3 Hi Hannah, I'm Thomas! I'll be there on June 12! Could you please send me a copy of the staff report for the Deltas Gamma hearing, so I can know what to expect. Thank you! Best Regards, Thomas Symer ΛXA 2024 President Cal Poly, San Luis Obispo ( slolca.alpha@gmail.com On Thu, May 9, 2024 at 8:29 PM Chris Hanson < wrote: I have found a replacement for the hearing. Thomas Symer, the president of our fraternity, will be there in my place. He is very familiar with this process and 550 knows the workings of the chapter better than anyone. Ive cc’d him on this and he should be included in any emails from the city going forward. On May 9, 2024, at 14:44, Hanh, Hannah <hhanh@slocity.org> wrote: Yes – if you’re not able to make it, you can have someone else attend in your place. Please make sure that they are well acquainted with the organization and how it would be run. The Planning Commission will definitely have questions on the operations. If you can find someone in your stead, I’ll keep the project on for June 12th. Let me know. From: Chris Hanson < Sent: Thursday, May 9, 2024 2:05 PM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: CUP #3 I will do my best to move my schedule around to make it but in the chance that I cannot can I have someone attend in my place? It is someone who is very familiar with this project and they will have all of the pertinent information. On May 9, 2024, at 13:30, Hanh, Hannah <hhanh@slocity.org> wrote: Hi Chris, The schedule for public hearings have predetermined dates, times, and locations, so unfortunately dates/times cannot be shifted. 551 The next hearing would be on June 26th at 6:00 pm. Let me know if that works. There are currently two projects on the agenda and yours would be the third, so it may run a bit late. Sincerely, Hannah From: Chris Hanson < Sent: Thursday, May 9, 2024 11:34 AM To: Hanh, Hannah <hhanh@slocity.org> Subject: Re: CUP #3 Hi Hannah, Sorry for the change, but I made a calendar mistake and cannot make the hearing on June 12th at 6pm. Is there any way we can move it to the day before or shift the time earlier in the day? Best, Chris On May 8, 2024, at 16:09, Chris Hanson <chanson1324@comcast.net> wrote: Hi Hannah, Yes that will work. I will get you the information you requested soon. 552 Thanks, Chris On May 7, 2024, at 08:39, Hanh, Hannah <hhanh@slocity.org> wrote: Thanks Chris. I can go ahead and prepare your application for the next available Planning Commission hearing on June 12th. The hearing would start at 6:00 pm in the Council Chambers at 990 Palm Street. Please let me know if this date works. For your reference, I’ve attached a staff report of a CUP for Delta Gamma that was processed in 2021. I wanted to provide an example of the staff report, so you have a general understanding of the anticipated analysis, conditions, etc. I have a few other minor items I need for my staff report – 553 1. Could you provide a full site plan of the entire property, specifically with the interesting property line locations on the Monte Vista side? Please also include a callout of the 20’ setback. 2. The latest project statement (attached) I have is out of date from June 2023. I highlighted two parts to revise – (1) the parking information to match the revised parking layout on the plans and (2) the tentative social calendar. For the purposes of this application, you can include general dates for rushes and events that are expected to occur annually (e.g., October – Fall Rush; December – Fall Quarter Philanthropy, etc.) Please note that the revised plans and project statement will be included as attachments to my staff report for your CUP. 554 Sincerely, Hannah Hanh Associate Planner <image001.png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e- notifications From: Christopher Allen <cwa.arch@gmail.com> Sent: Thursday, May 2, 2024 10:48 PM To: Hanh, Hannah <hhanh@slocity.org> Cc: Chris Hanson < ; cgatley@edenbridgehom es.com; jeff@witous.com; brady@uniongreenpartne rs.com Subject: Re: CUP #3 555 Hello Hannah Here you are. Let me know if you need anything else! Best - Chris CHRISTOPHER W. ALLEN, AIA, NCARB, LEED AP ® ARCHITECT | SENIOR PROJECT MANAGER | LECTURER CWA Studios | garcia architecture + design | GC Building Company | Cal Poly, SLO 1238 Monterey Street, San Luis Obispo, CA 93401 www.cwastudios.com | Cell. 805.286.5186 On Thu, May 2, 2024 at 4:54 PM Hanh, Hannah <hhanh@slocity.org> wrote: Hi Chris, I wanted to follow up on this review. There are just a few minor comments for the plans. Could you please 588 From:SLO <noreply@user.govoutreach.com> Sent:Friday, October 18, 2024 1:37 AM To:Code Enforcement Subject:Ask SLO Request #: 8747 is due tomorrow Categories:Ask SLO Request This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Request # 8747 from the Government Outreach System is due tomorrow. Request type: Problem Request area: Land Use Violation Reported by: Description: Illegal fraternity 'car wash' to be held 10.18.2024. First, this fraternity event is held at an unpermitted fraternity house. Second, paid car washes are illegal in neighborhoods. (10.36.080 No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any street in this city, when a charge is made for such service. (Prior code § 3209.7)) Third, this address was sent an Advisory Letter for as a suspected illegal fraternity. It is definitely operating as a fraternity with members living at the address. Expected Close Date: 10/19/2024 Click here to access the request 589 From:Sandra Rowley < Sent:Friday, October 18, 2024 12:21 AM To:Pease, Andy Subject:Re: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit Thank you, Andy, for your understanding of the various issues involved in this appeal -- and, of course, for your support. Sandy On Tuesday, October 15, 2024 at 04:26:49 PM PDT, Pease, Andy <apease@slocity.org> wrote: Thanks, Sandra. I appreciate the clarity of your remarks and suggestions and will take these into consideration this evening. Andy Andy Pease pronouns she/her/hers Vice Mayor Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E apease@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley < Sent: Saturday, October 12, 2024 11:41 AM To: Stewart, Erica A <estewart@slocity.org>; Marx, Jan <jmarx@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Cc: E-mail Council Website <emailcouncil@slocity.org> Subject: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. 590 Dear Mayor Stewart and Members of the Council, First of all, RQN appreciates that Lamda Chi Alpha applied for this Conditional Use Permit - an action many other fraternities have not taken. Please keep in mind during your review and deliberation that Lamda Chi Alpha is first of all a residence that is located in a neighborhood. The area in which it is located contains seniors, families, and children as well as college students. It is not adjacent to or part of the downtown which comes alive from before 8 a.m. until after 2 a.m., nor is it in an identified entertainment zone. The staff report implies that the Conditional Use Permit (CUP) is different from previous fraternity CUP’s because they were issued several years ago. However, we contend that it is different because it was based on more recent CUP’s that were issued to two sororities, Delta Gamma and Alpha Omicron Pi. Sororities vs Fraternities Why should fraternity CUP’s be different from sorority CUP’s? The National Panhellenic Conference requires sororities to hold alcohol-free events and prohibits Panhellenic funds from being used to buy alcohol. Fraternities do not have this restriction. As a result, sororities hold many events at fraternities or at third-party venues; thus, events held at sor ority houses are not as disruptive as those held at fraternity houses and do not need the added conditions. For example, during the 2023-2024 academic year six (6) fraternities had 37 noise complaints while nine (9) sororities had 2 noise complaints. By the way, there is no reason that fraternities cannot also host parties and other large gatherings at third-party venues; fraternities at other CSU’s do this. The changes made to Noise Control (updating fine amounts), Unruly Gatherings (clarifying components) and the Safety Enhancement Zones (adding holidays) do not compensate for the conditions placed in other fraternity CUP’s that were omitted from this one. Those conditions should be restored. Additionally, five of six CUP’s currently in effect, including the previous one for Lamda Chi Alpha, restrict the number of persons allowed on the site between 10 p.m. and 9 a.m. The new Resolution, No. PC-1085-24, allows a maximum 48 people at routine meetings and gatherings. However, no time of day is specified, thus allowing 48 people to be on-site between 10 p.m. and 9 a.m. Forty-eight people gathering outside during nocturnal hours can, and often do, make a considerable amount of noise, and this is a residential neighborhood. The Current Condition 14 states: The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9. 12. 060 (Exterior Noise Limits) between the extended hours of 10: 00 pm and 9:00 am, except as approved in writing as a special event by the Community Development Director. This allows 48 people on-site during the extended hours without a special event permit. In this part of town, especially at this time of night, adherence to the noise ordinance is critical. MC 17.86.130 B.1., Required Findings, Fraternities and Sororities, states: “As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood.” (emphasis added) 1. Replace Condition 14 to read: “No meetings or other gatherings involving persons other than the 24 fraternity members living on the site are allowed between the hours of 10 p.m. and 9 a.m., except as approved in writing as a special event by the Community Development Director.” Current Condition 16 states: Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. However, MC 9.12.040 General noise regulations states: “Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area. No permit shall be issued for any activity that may violate this section.” (emphasis added) 591 Amplified music from bands or DJ's can be disturbing not only to neighbors nearby, but also to those living several streets away from the site where it is occurring, and it definitely disturbs the peace and quiet of a neighborhood. 2. Replace Condition 16 to read: “No events involving the use of amplified sound equipment shall be allowed.” Authority and Duties of the Noise Control Office(r) (NCO): MC 9.12.30 states: “The noise control program established by this chapter shall be administered by the community development department (administration/special exceptions of time periods greater than forty-eight hours/ zoning enforcement) and the police department (noise violation enforcement/special exceptions of time periods less than forty-eight hours).” (emphasis added) It is unclear to whom one would go for the Special Event Permit. Initially to the Community Development Director who then provides it to the Police Chief for action or to the Police Chief who then coordinates with the Community Development Director? Limitation on Gatherings: We are confused about the discussion in the staff report since MC 17.86.130 specifies a Required Finding that conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking and limit potential disturbances to neighboring properties. In addition, other fraternity CUP’s contain the same or similarly worded restrictions. (emphasis added) Threshold: Reference Condition 3 to provide a threshold to automatically trigger Planning Commission review. Why is an automatic threshold needed? Two written complaints have been sent to the Community Development Department concerning the same fraternity, one in February 2024 (6 noise violations/unruly gatherings in 10 months) and one in June 2024 (included an additional 5 complaints, some with 100 people). Thus far no Planning Commission meeting has included review of the fraternity’s CUP. The Planning Commission suggested a “four strikes” threshold within 12 months, whereby the CUP would automatically be reviewed by the Planning Commission if the fraternity received four violations of the City’s noise ordinance or property maintenance regulations within 12 months. > The previous CUP for 1264 E. Foothill included an equivalent provision in Condition 10: “Use permit shall be reviewed if the City receives any reasonable written citizen or Police or Fire Department complaints, or if two convictions are received for violations of the City's noise or property maintenance regulations within a six-month period. It also stated: In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood.” > The new CUP revised that condition, now Condition 3, to state: “The Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources ( e. g., calls for service) applicable to the fraternity use has occurred. At the time of the Conditional Use Permit review, to ensure ongoing compatibili ty with nearby uses, the conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked.” This new CUP places the burden of writing up a complaint on City staff as well as on residents. Code Enforcement (the Community Development Department) knows, and has documentation, of violations of property maintenance standards and the outcome, and the Police Log shows when there has been a DAC or citation issued to a fraternity and the Police Department knows if it was or was not successfully appealed. These “proofs” can be used in lieu of written complaints and, hopefully, be referred to the Planning Commission in a timely fashion if a threshold of violations is established to trigger review. Written complaints could still be accepted, just not be the only form of input required. Recommend revising Condition 3 to read: 3. The Conditional Use Permit shall be reviewed by the Planning Commission if and when the fraternity receives four violations of the City’s noise ordinance, or four property maintenance violations, or a combination of the two equaling four violations within 12 months. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, the Planning Commission may add or modify conditions of approval, or revoke the Conditional Use Permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform one or more community service projects in the neighborhood. Accumulation of Violations against the Parcel The Planning Commission suggested that violations should accumulate against the parcel instead of against each of the six individual addresses since it is one parcel, one CUP and the property is occupied exclusively by the fraternity. This was also suggested in written and oral comments. However, this condition was not included. The Staff Report is correct that the Conditional Use Permit regulates activities for the entire parcel – as it relates to property maintenance violations. This is not just because of the CUP, but also because the Community Development Department also deals with a property using their APN. 592 However, the Police Department addresses noise violations by street name and number. For example, this property, which was subject to a CUP from 2001-2021, received noise citations at 1264 and 1264 ½ Foothill separately; therefore, the citation fines were not cumulative against the property. With six addresses and two streets as part of this parcel it is conceivable that separate addresses could all be issued “first citations” for noise ($350) instead of subsequent ones that carry a higher penalty without them ever being attributed to the parcel as a whole. That was the rationale for requesting a condition be added to attribute noise violations for any of these addresses to the main house at 1264 East Foothill. We believe a condition so stating is consistent with holding the fraternity collectively responsible for their activities. Recommend a new condition: 4. All dwellings on the property, regardless of street address, shall be considered as Lamda Chi Alpha. Any violation of the Municipal Code (or, if preferred, Any violation of the noise ordinance), regardless of the dwelling unit where it occurred, shall be considered a violation by the fraternity and assigned to the main house at 1264 East Foothill and/or this CUP. Compliance with Conditions and with Federal, State, and Local Law This “catch-all” condition is included in most of the existing CUP’s, including the previous one for Lamda Chi Alpha; it reinforces the conditions, the law, and the potential affect of the fraternity’s actions on people in the surrounding area. Recommend new condition: 5. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit. Last thoughts Land Use Element Policy 2.1, Neighborhood Focus: “The City shall preserve, protect and enhance the City’s neighborhoods and strive to preserve and enhance their identity and promote a higher quality of life within each neighborhood.” Since the CUP goes with the land we wanted to look to the future as well as the present. As the most recent fraternity CUP, we think this could be used as a template for future fraternity CUP’s. Today it’s about the quality of life for everyone living or working in the Alta Vista Neighborhood. Tomorrow it may also include Neighborhoods North of Foothill or other city neighborhoods. Thank you for your time and attention. Respectfully submitted, Sandra Rowley 599 From:Tway, Timothea (Timmi) Sent:Thursday, October 17, 2024 3:48 PM To:Shoresman, Michelle; Mezzapesa, John Cc:McDonald, Whitney Subject:RE: List of CUPs for sororities and fraternities & present status Michelle, Thank you for the kind words, that is the fun (and value!) of public comment, we don’t know what we might hear! We are already working with the Toscano residents to get a list going of things we will check out in the field. In terms of the CUP/Frat issues (and Lot 7) – I think a meeting is probably best since there are several layers to the issue. Please let me know what your availability looks like in the coming weeks and I can get something scheduled. Thanks! Timmi From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Wednesday, October 16, 2024 8:33 PM To: Mezzapesa, John <JMezzape@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Cc: McDonald, Whitney <WMcDonal@slocity.org> Subject: FW: List of CUPs for sororities and fraternities & present status Hi Timmi and John, First of all, thank you so much…both of you…for the kind, responsive way you dealt with the neighbors from Toscana and Item 5g. It takes a lot to stand up there and think you know the whole picture, but be willing to take another look based on what is being said by people there speaking. It was well-handled and I appreciate it very much. Toscana aside for another day…I would love to better understand all this Greek/CUP “stuff.” I have so many questions about this list! How is it that one fraternity can have two CUPs…don’t they stay with the property? If a property is sold, converted into something else, and no longer being used for the purpose it was, why is the CUP still assigned to the fraternity that used to be at that property? Why isn’t it cancelled or terminated? I thought fraternities and sororities HAD to have a CUP to be “legal.” I must be wrong about that? Why do we, or the university allow them to operate without being “legal”? Anyway, this is just a few as I try to make sense of this. If you want to schedule a time to talk, because that’s easier than conversing over email back and forth, that would be great. But, I am ok with whatever you prefer. I also would love to talk more about Lot 7, SLR. So, maybe we can combine the two topics at a coffee or something. Or I can just meet at your office or City Hall too. Thanks, in advance, for your attention to all these matters. Michelle From: kathie walker < Sent: Wednesday, October 16, 2024 11:30 AM 600 To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: List of CUPs for sororities and fraternities & present status This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. A while back, John Mezzapesa kindly provided me with the list of CUPs for sororities and fraternities on file at the City. (Thank you, John. You've been so helpful throughout this process! I appreciate all you've done.) Since there were some questions last night at the City Council meeting about "20 or so CUPs" I have attached a screenshot of the list provided by John and made annotations next to each CUP to show the present status of each. I have used bold font to indicate the fraternities. As you can see, of the 19 fraternities in the IFC at Cal Poly, only six have CUPs. Thank you to the Council and city staff for working toward solutions to this frustrating problem. We enjoy our college neighbors and have had enriching relationships with many of them. It's the fraternities that have been problematic. With gratitude, Kathie 601 From:City of San Luis Obispo <communications@slocity.org> Sent:Thursday, October 17, 2024 3:17 PM To:Fukushima, Adam Subject:Council Meeting Recap (October 15, 2024) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. View this email in your browser To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Council Meeting Recap (October 15, 2024) On Tuesday, the City Council continued the TBID and upheld the Planning Commission’s decision allowing for a property near Cal Poly to be used for fraternity housing. Post Date: 10/17/2024 2:30 PM To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. During the regular City Council meeting on Tuesday, October 15, 2024, the Council discussed important topics impacting and benefiting the community. Below is a brief recap of the meeting. You can also review the meeting video recording on YouTube. Presentations The meeting began with several brief presentations. First, Mayor Erica A. Stewart presented a proclamation declaring November 2 as “Arbor Day” in San Luis Obispo. Then, the City Manager briefly reported on current City programs, services and projects, including the status of efforts to enforce the City’s short-term rental ordinance. 602 Public Hearings The City Council held two public hearings: 1. Continuing the Tourism Business Improvement District (Item 6a): The City Council adopted the resolution to continue the San Luis Obispo Tourism Business Improvement District, which includes levying the annual assessment on lodging properties in San Luis Obispo to continue funding tourism marketing activities. The City did not receive any written or oral protests to discontinue the assessment from hotel businesses. At the City Council meeting on October 1, City staff presented the Tourism Business Improvement District (TBID) annual report detailing how funding from the TBID’s assessment revenue was used over the past year to promote tourism and benefit the lodging industry in SLO. The City collected nearly $11 million in transient occupancy tax (TOT) last fiscal year, the highest amount to date. This money goes directly into the City’s General Fund and helps pay for day- to-day public services and programs that our community needs and values. 2. Conditional Use Permit for Fraternity Housing (Item 6b): The City Council upheld the Planning Commission’s unanimous decision to allow a property on East Foothill Boulevard near Cal Poly to be used for fraternity housing for up to 24 residents. The property was previously used for fraternity housing and is in a high-density residential zone that allows for such uses, and the Planning Commission recently approved a Conditional Use Permit that would allow it to be used as fraternity housing again, with certain conditions. However, the Planning Commission’s decision was appealed by Residents for Quality Neighborhoods who claimed that the conditions placed on the project do not adequately address concerns related to large gatherings, noise, and ongoing enforcement of the conditions. The City Council reviewed and approved the Conditional Use Permit with additional changes that would address the neighbors’ concerns. The City’s Municipal Code also directly addresses impacts related to noise, public disturbances, and other disorderly conduct, regardless of permit approvals. Violations can result in hefty fines, criminal prosecution, and/or and other penalties. 603 Consent Agenda As part of the consent agenda, the City Council approved several items with one vote, including a program update to reduce single-occupancy vehicle trips by City employees, resulting in less pollution (Item 5c). Two items were pulled out of the consent agenda for separate discussions:  Item 5g: The Council delayed final acceptance of proposed public improvements for a portion of the Toscano housing project after neighbors expressed new concerns about erosion and environmental safety in common areas. City staff will return to the site to inspect the area based on questions raised by neighbors at the meeting.  Item 5k: The Council updated its meeting schedule for December 2024. The regular meeting on December 3 was rescheduled to December 9 to swear in the new City Council; this will allow for extra time that may be needed to certify the November 5, 2024 Municipal Election results. Additionally, the Council decided to reinstate a meeting that had previously been cancelled to dedicate the November 19 meeting to a discussion addressing the California Voting Rights Act demand letter; other items scheduled for the original November 19 meeting will instead be heard on December 10. The next regular City Council meeting will be held on Tuesday, November 12, 2024, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complementary parking in one of two public parking garages downtown; restrictions apply, visit Parking for Public Meetings for more details. 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You can update your preferences or unsubscribe from this list. 605 From:Hermann, Greg Sent:Thursday, October 17, 2024 3:05 PM To:CityClerk Subject:Fw: SCLC Meeting #25-03, October 16, 2024 Attachments:SCLCPacket_25-03_10-16-24.pdf Greg Hermann pronouns he/him/his Interim Assistant City Manager City Administration 919 Palm Street, San Luis Obispo, CA 93401-3218 E ghermann@slocity.org T 805.781.7194 C 805.440.1330 slocity.org Stay connected with the City by signing up for e-notifications From: sclc-request@calpoly.edu <sclc-request@calpoly.edu> on behalf of Tracy L. Watson <twatson@calpoly.edu> Sent: Tuesday, October 15, 2024 3:32 PM To: sclc@calpoly.edu <sclc@calpoly.edu> Subject: SCLC Meeting #25-03, October 16, 2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello SCLC, Attached you will find this week's SCLC meeting packet. See you Thursday. Thank you. Tracy Watson She/Her Administrative Assistant II, Student Government Associated Students, Inc. California Polytechnic State University 1 Grand Ave. San Luis Obispo, CA 93407-0675 P: 805-756-1292 | F: 805-756-6166 asi.calpoly.edu 606 Cal Poly sits on the traditional lands of the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. The yak titʸu titʸu yak tiłhini have a documented presence in this area for over 10,000 years. The tiłhini peoples have stewarded their ancestral and unceded homelands which include all of the cities, communities, federal and state open spaces within the San Luis Obispo County region. These homelands extend East into the Carrizo Plains toward Kern County, South to the Santa Maria River, North to Ragged Point, and West beyond the ocean’s shoreline in an unbroken chain of lineage, kinship, and culture. SCLC Agenda Meeting #25-03 October 16, 2024 3:10 p.m. to 5:00 p.m. City Hall Hearing Room 990 Palm Street A. Call to Order B. Introductions C. Approval of Meeting Minutes a) #25-02, September 19, 2024 D. Open Forum E. Reports a) Chair/Vice Chair – Ashleigh Spragins/Lucia Landeros b) San Luis Obispo City Manager – Whitney McDonald c) Neighborhood Wellness Civility Report – Christine Wallace d) Residents for Quality Neighborhoods – Brett Cross e) Community Representative Reports – Abe Lincoln & Mila Vujovich-LaBarre F. Old Business a) None G. New Business a) Presentation: SLO Solutions – Nicolina Galante b) Proposal: Meet Your Neighbors Campaign – Colin Shea c) Discussion: Outreach/Engagement – Roy Murphy d) St. Patrick’s Day 2025 Updates H. Voting Members Reports (1 minute) I. Announcements J. Adjournment K. Next meeting: November 21, 2024 SCLC Meeting #25-02, September 19, 2024 Location: San Luis Obispo, City Hall Hearing Room 3:10-5:00 p.m. Voting Members Present Ashleigh Spragins - Cal Poly - ASI President, SCLC Chair Lucia Landeros - Cuesta-ASCC President, SCLC Vice Chair Taylor Brandenburg – Panhellenic Council President Brett Cross – City of SLO-Residents for Quality Neighborhoods (RQN) Michelle Crawford - Cal Poly-ASI Executive Director Whitney McDonald - City of SLO- City Manager Fred Mickel – City of SLO – SLOPD Chief of Police Designee Christopher Mutshnick – Cuesta College – Director of Student Engagement Joy Pedersen - Cal Poly – Dean of Students Nicolina Galante - Creative Mediation-SLO Solutions Designee Anders Ruud - Cal Poly – Interfraternity Council Representative Colin Shea – Cal Poly – Student-at-Large Erica A. Stewart - City of SLO –Mayor Mila Vujovich-LaBarre – City of SLO – Geographic Neighborhoods Association Christine Wallace – City of SLO – SLOPD - Public Affairs Manager Voting Members Absent Debbie Arnold – County of SLO – Board of Supervisors Elizabeth Coria - Cuesta College – Vice President of Student Success and Support Programs Evelyn Gutierrez – Cal Poly – United Fraternity & Sorority Council Representative Abe Lincoln – City of SLO – Community Member-at-Large Roy Murphy – Cuesta - Student-at-Large Non-Voting Members Present Matthew Armas – Cal Poly – Student Rights & Responsibilities Elizabeth Aielo-Coppola – Cal Poly – Fraternity & Sorority Life Andy Pease – City of SLO-City Council Member Meghan Schuler-Jones – Cal Poly, ASI Executive Director Designee Tracy Watson - Cal Poly-ASI Administrative Assistant II, Note taker Non-Voting Members Absent George Hughes – Cal Poly - University Police Department, Chief of Police Guests Icole Aichele – Cal Poly, Leadership & Service Debi Hill – Cal Poly, Student Affairs Jason Mockford – Cal Poly, Leadership & Service Matthew Armas – Cal Poly, Office of Student Rights & Responsibilities Brad Pulcipher – Cal Poly, Office of Student Rights & Responsibilities Kathie Walker – City of SLO – Resident A. Call to Order a. Ashleigh called the meeting to order at 3:11 p.m. b. Silent roll call was taken and with 14 voting members in attendance, quorum was met. B. Approval of Meeting Minutes - #25-02, September 19, 2024 a. Minutes stand approved by consent. C. Open Forum a. None D. Reports a. Chair/Vice Chair, Ashleigh Spragins, Lucia Landeros 1. Ashleigh gave an update on the Neighborhood Wellness Civility Report stating a memo was written showing action items as complete. 2. She reported that a statement was received from CSU Legal Counsel stating that fraternities and sororities are not obligated to provide addresses for privacy and security reasons. 3. Lucia shared events taking place at Cuesta including Latinx Heritage month and a special election for filling positions at Cuesta. b. City Manager – Whitney McDonald 1. Whitney gave an update on the project in collaboration with the City and Cal Poly including Vista Meadows and Grand Avenue. 2. Transit services have been added to support school schedules. 3. North Chorro greenway has been completed and a ribbon cutting was held. c. Neighborhood Wellness Civility Report – Christine Wallace i. Christine gave an update on the Safety Enhancement Zone for Cal Poly move in and the marketing campaign. Communication efforts included speaking to WOW leaders, Greek Life president’s, postcards, and social media. Safety plans are in place for Halloween activities. d. Residents for Quality Neighborhoods – Brett Cross i. Brett announced the annual RQN dinner and encouraged members to attend. ii. At the RQN board meeting, discussion took place on university housing or lack thereof. e. Community Representatives Reports – Abe Lincoln & Mila Vujovich-LaBarre i. Mila recommended that neighbors introduce themselves to start on a positive note. ii. She expressed concerns for students on bikes to not run stop signs and stay illuminated to avoid further accidents. iii. She stated that were concerns shared from “Moms” about no soap dispensers downtown. iv. Mila recommended that SCLC should provide funding and resources on how to be a good neighbor. v. Abe - Absent E. Old Business a. 2024-25 SCLC Meeting Schedule 1. Motion #1 (Landeros/Vujovich-LaBarre) “Move to approve the 2024-25 SCLC meeting schedule.” 2. Lucia mentioned that schedules were adjusted so dates presented have no conflicts. 3. Motion passed unanimously. F. New Business a. WOW Presentation – Debi Hill i. Debi Hill, Associate Vice President Student Affairs, gave a presentation on the New Student and Transition Programs over the summer and beginning fall quarter including Open House, SLO Days, and Week of Welcome (WOW). She shared the highlights and goals of each program. a. Open House is a showcase of the Cal Poly campus to prospective students, their families, and supporters, and the community while offering a glimpse into life as a Mustang b. SLO Days is a critical orientation process for first-time freshman and transfer students to participate in different SLO Days experiences. Parent and supporter SLO Days sessions are offered the same days as the student sessions and are geared toward the parent/supporter experience. With 13 sessions, 6,300 students and 3,000 parents and supporters in attendance. c. Week of Welcome (WOW) is the official beginning of a student’s experience as a Cal Poly Mustang. WOW will continue to provide opportunities for friendships, connection to Cal Poly, and the SLO community, b. Neighborhood Meet and Greet Update i. Members shared ideas for neighborhood meet and greets. 1. Welcome back video from student leaders, city officials and community members. 2. Colin shared an idea for a proposal for next quarter to use SCLC funds for a “Meet Your Neighbor competition. Take a selfie with neighbor, offer prizes. Suggestions from members included: a. Restaurants might sponsor prizes/gifts b. Work with the city’s communication outlets c. Encourage building relationships with neighbors. d. Option to opt out on providing a selfie picture but still be able to participate. e. Cuesta students could be longtime residents. Engage all SLO County to make it equitable for all students. f. Colin will take the suggestions, create the proposal, and present at the next meeting. c. Define 2024-25 Goal Setting i. Continuation of the colored sticky note activity from the last meeting, Ashleigh shared the results. 1. Pink – Build relationships, networking, building community 2. Orange – Personal intensions, tangible results, initiatives 3. Blue – Group intensions, foster community, respectful and positive outcomes. 4. Green – Goals – Presentations, Subcommittees, productive conversations, follow up practices 5. Green – Primary Initiatives – annual Welcome Back event, good neighbor education, renters’ rights education, and St. Patrick’s Day. ii. Members discussed St. Patrick’s Day as a pertinent issue and what change is needed. Recommendations included inviting Cal Poly Task Force for a presentation. This would identify what has already been done so as not to duplicate efforts. Add St. Patrick’s Day discussion as a standing discussion item on the agenda. G. Voting Member Reports a. Voting members gave their reports. b. Christine shared the noise report. See attached. H. Announcements I. Adjournment - Meeting adjourned at 5:05 p.m. Memorandum TO: SCLC Voting Members DATE: October 15, 2024 FROM: Colin Shea COPIES: T. Watson Cal Poly Student Member-at-Large SUBJECT: Proposal for up to $500 for the purchase of prizes to be distributed to the three winners of the 2024 Meet your Neighbors Competition. PROPOSAL: To seek up to $500 in funding for the purchase of prizes that are outlined below to be distributed to the three winners of the 2024 Meet your Neighbors Competition. RATIONALE: The purchase of the prizes would be an incentive for neighbors and members of the community to meet their neighbors to achieve this initiative's goal. The goal is to encourage both students and full-time residents to meet their neighbors, strengthen community ties, and create a more inclusive atmosphere. COMPETION DETAILS: Participants will be encouraged to meet their neighbors, submit a selfie together or fun facts about their neighbors, through a designated Microsoft Form. Each submission will count as an entry. At the competition's end, a raffle will be run, and winners will be announced. Residents will have the option on the Microsoft Form to opt out of their photo being posted at the event's completion. Winners will have the option to choose one of the following prizes and will be ordered when chosen: - HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer - Amazon Echo Dot (5th Gen, 2022 release) - Apple AirPods 4 Wireless Earbuds - Apple AirTag 4 Pack The competition will not only foster interactions between neighbors but also encourage positive interactions within the community, especially between students and long-term residents. The competition will run from Wednesday October 23rd to Wednesday October 30th with the winners to be announced Friday October 25th. RECOMMENDATION: To achieve the new goal the following is proposed: • Approve an expenditure of up to $500 to purchase prizes listed above to be used to order prizes after winner have been announced. IMPACT: SCLC has a current available funding balance of $12,260. • This proposed expenditure, if approved, would result in an available funding balance of $11,760. COMMUNICATION PLAN The use of Instagram will be the focus of the communication plan. Potential partners to post will include ASI, City of SLO, Cuesta, SLOPD and any other Instagrams that are willing to post. Word of Mouth will be important during this campaign. The graphic that will be made by ASI Marketing team. LINKS TO PRIZES: HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer Amazon Echo Dot (5th Gen, 2022 release): Apple AirPods 4 Wireless Earbuds: Apple AirTag 4 Pack: 607 From:Aiden Foote < Sent:Thursday, October 17, 2024 2:09 PM To:Beres, Jason Subject:Haunted House application for 10/31/2024 Attachments:844 Upham St_Kappa Chi Haunted House Application Packet_2024.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. I have completed the haunted house permit for our event happening on October 31, 2024. Let me know if I missed or need to clarify something. Thank you so much! Aiden Foote Kappa Haunted House Staffing and Safety Plans Setup Begins the 19th of October,2024 for the event occurring on the 31tst of October, 2043 from the hours of 7:00pm to 10:30pm.Cleanup of the event will be completed by the 2nd of November,2024. Items ●4 Two way walkie talkies (all set to the same channel) ●8 Backup Batteries ●8 Flashlights Staffing Location: The Kappa Chi Haunted House will have staff positioned throughout the house based on the number of available members.During the event,a minimum of eight staff members will be present.There will be staff at both the entrance and exit,both inside and outside the Haunted House,following the layout in the haunted house diagram.Additionally,there will be a staff member located inside the house near the third unused exit to handle emergencies.The last two permanent staff members will be stationed outside to manage the line for the haunted house.All other staff will serve as actors,placed strategically according to the scenes in the event. Staffing Communication: The Kappa Chi staff will communicate using a two-way walkie-talkie channel established before the haunted house opens.Four radios will be in use,two inside the house and two outside.The two inside the house will be assigned to nominated floor chiefs,with each responsible for a different floor's safety.The two staff members outside with radios will be positioned at the entrance and exits of the haunted house.The entrance staff member can admit a new party once the exit staff member confirms the departure of the previous party,following approval from both the upstairs and downstairs floor chiefs.Floor chiefs must provide a clear and verbal confirmation that their respective floors are ready.After receiving these confirmations,the entrance staff member must communicate the entering party's size and desired level of fright (Alpha,Beta,or Gamma).The entrance staff member will determine the level of fright by asking the party.Alpha represents the scariest level,Beta is medium,and Gamma is the least scary. Only after receiving clear and verbal "OK"confirmations from all relevant parties,the entrance staff member can admit the party.After the party completes the Haunted House tour,the exit staff member must confirm to the entrance staff member the number of people that left,ensuring no one is left behind. Party Size and Staffers Rules: Parties of no more than four individuals will be allowed to tour the haunted house at a time,and they can enter once they have received permission from the entrance staff member.Staff members in permanent positions,such as emergency exit staff or those with walkie-talkies, must be members of the Kappa Chi Fraternity.All staff members communicating on channels must conclude their statements with "Roger." Emergency Protocol: Before the start of the Haunted House,all participating staff members will undergo a fire drill and emergency shutdown training.In the event of an emergency,such as a fire or bodily harm,the event coordinator will immediately call 911. Fire Drill: During the fire drill,the head of the Haunted House Committee will randomly select a fire alarm to activate,with all staff members stationed as if the Haunted House were active.The activated fire alarm will indicate the danger area.Two staff members will act as a party,and the others will act as staff.Staff members near light switches will turn on the lights immediately.Floor chiefs will communicate the party's location and size.The floor chief nearest to the party will guide them and the staff to the nearest safe exit.The other floor chief will assist the remaining staff in exiting through the nearest safe exit.Both floor chiefs will then meet at the Upham and Chorro corner with the outside staff to conduct a head count,as established before the Haunted House Fire Drill.The entrance and exit staff members outside will evacuate everyone to the Upham and Chorro meeting point. Fire: In the event of a fire,staff members will respond in the same way as during a fire drill.The only difference is that,if accessible,floor chiefs will retrieve the fire extinguisher.If another staff member is closer and more capable of using the fire extinguisher,they will do so and communicate this to the floor chiefs.If the fire cannot be contained with the fire extinguisher alone,staff members will evacuate the premises following the fire drill procedure. Emergency Shutdown: In any event requiring the Haunted House to shut down for reasons other than those involving a floor chief or entrance and exit staff member,the communication channel will announce "Shutdown."Upon hearing this,all staff members near light switches will turn on the lights.The floor chief will communicate the location of the problem and either assist someone out of the house or request assistance from outside.During this time,all staff members will remove costumes covering their face or head.A drill version of this scenario can be conducted with a staff member acting as a party member. FireProofing Tarps Over the past two weeks,all the tarps used to cover the walls in the house have undergone extensive fireproofing.They were thoroughly sprayed with FR Clear,a fire retardant manufactured by Flame Off.Detailed information about this product can be found in the attachments at the bottom of this document (pages 12-19).Initially,the tarps were treated with an older batch of fire retardant from last year,which had just slightly exceeded its recommended shelf life.Subsequently,a fresh layer of newly purchased product,bought within the last month, was applied to ensure maximum protection. Emergency Contacts Aiden Foote Phone Number (cell): Email: Colin Hagen Phone Number (cell): Email: 615 From:Wallace, Christine Sent:Thursday, October 17, 2024 12:57 PM To:Adam Wechsler Subject:Re: Alpha Epsilon Pi Chapter Meeting - Follow Up Hi Adam, Yes, I would like to come on Sunday. I’ll be there at 2pm. Thanks, ChrisƟne > On Oct 17, 2024, at 12:18 PM, Adam Wechsler <aepi.presidentcalpoly@gmail.com> wrote: > > > > This message is from an External Source. Use cau Ɵon when deciding to open aƩachments, click links, or respond. > > ________________________________ > > Hi ChrisƟne! > > I wanted to reach out and follow up with you about our organizaƟon's > chapter meeƟng this upcoming Sunday. Are you sƟll interested in > giving a presentaƟon to the members of our organizaƟon? Please let > me know. It will be held at 2 P.M. in Baker 101. Thank you in advance, > and I look forward to hearing from you soon. > > Best, > > Adam Wechsler > Alpha Epsilon Pi Fraternity > President | ΣΩ Chapter > Cal Poly San Luis Obispo | Psychology > > 616 From:Shoresman, Michelle Sent:Wednesday, October 16, 2024 9:14 PM To:Taylor Gilmore Subject:RE: October 15th Council Meeting - Agenda Item 6b Hi Taylor, Thanks for the thanks. 뇤눈눉눊눍눋눌 I try not to speak for my fellow council members, but I think it’s safe to say that we all want the most good for the most of our residents and we hear the complaints, and experience the frustrations ourselves, from time to time. It is an interesting conundrum to have such a valued partner as Cal Poly, sometimes seem like they are not on the same page with us. It’s a constant struggle over priorities and I like to assume the best intentions and that they are trying. But, yes, there is a lot of work that needs to be done. I will keep trying too. Thanks again. From: Taylor Gilmore < Sent: Tuesday, October 15, 2024 9:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: Re: October 15th Council Meeting - Agenda Item 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. All, I just wanted to send a note of gratitude for the real consideration of the appeal and conversation around the appropriate conditions to include in the CUP for Lambda Chi. I know it made for a late night for everyone, so I wanted to say thank you for hearing the residents and working through the concerns with City staff. While it was not material to the individual CUP approval, I also wanted to share my appreciation for hearing the frustration around Cal Poly’s lack of accountability for their Greek life. I know that Cal Poly is a valued partner to this community, but the impact their fraternities (especially satellite houses) have had on the residential neighborhoods has been horrible and has contributed to get worse every year. Cal Poly’s approach and unwillingness to work proactively with the City has been incredibly disheartening, so I very much appreciate hearing the candid frustration brought up tonight. Thank you again, Taylor Gilmore On Oct 14, 2024, at 6:51 PM, Taylor Gilmore < wrote: 617 Council, I was born in San Luis Obispo and currently live in the Alta Vista neighborhood with my husband and our two young children. I work full-time from home and teach at Cal Poly. This neighborhood used to be a vibrant mix of students, professors, and professionals. With the substantial increase in Greek life at Cal Poly, this neighborhood has become the "Greek Row" that Cal Poly never planned for and continues to take no responsibility for. It is impossible to sleep starting on Thursday night and through the weekend due to loud fraternity parties. Noise travels because of the terrain of the neighborhood and we hear parties on Foothill even though we live several blocks away in the single-family residential area. Even during the day, during the week, there have been times that I’ve had to stop working and go find the noise to respectfully ask them to quiet down since I can hear them partying through my noise cancelling headphones. Every time, it is noise from a frat house. There have also been times that my husband or I had to get out of bed at night when children can’t sleep due to a noisy party. Since non-emergency always asks for an address, we’ve had to go find the party, which is usually at a fraternity house. Since a fraternity impacts the neighborhood significantly more than a standard college rental, I agree that conditions should be added to the use permit for the Lambda Chi fraternity, as requested by the appeal. 1. Do not permit events or parties that will violate the City’s noise ordinance, amplified music, DJs or live bands. The bass component of music is especially disturbing. I've found myself feeling incredibly frustrated, trying to sleep, with the base permeating the walls. I've told my husband that it feels like Chinese water torture with the contant dripping. The bass of the music can be heard from a long distance and it even surprises me when I get up and go outside to try to find the location of the music and it doesn't seem nearly as loud outside. You really can't imagine how disruptive it is until you have lived near a fraternity. 2. Limit the number of people at the fraternity at night, after 10:00 p.m. Having 48 people in an area outside will make a lot of noise during a time when people need to sleep. Limiting occupancy to 24 people is more reasonable. Just the sound of that many people talking is loud, but when you introduce music, it is much louder. 3. Send the use permit to the Planning Commission for re-review if the fraternity has four violations of their CUP in twelve months. Absent a mandated review threshold, there would be no incentive for the fraternity to limit activities that could lead to violations. Having a threshold holds the fraternity accountable and does not prevent the city from acting sooner, if they want to do so. The mandated review is important if the violations stack up to an egregious amount, like four violations of the CUP in twelve months. 4. Noise citations and the fines for those citations should be attributed to the same address. 618 There are six different addresses and for the purpose of the progressive fine structure for noise citations, citations against any of the six addresses should accumulate against one address. The students are smart and know how to work the system. They will rotate which address they give to responding officers to avoid penalties. 5. “Failure to comply with any of the conditions or code requirements, or the conduct of the use as so to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit.” The appeal points out that this is included in other fraternity CUPs and it seems important to have as a condition of use. As a resident who is directly impacted by the many fraternities in the neighborhoods near Cal Poly's campus, I urge this council to add these reasonable conditions to the CUP. While Cal Poly continues to increase their enrollment, that will only bring more fraternity houses. If this CUP is given without any of the above conditions, that means future fraternity house CUP will also be issued without any conditions. Since San Luis Obispo has limited housing, it is only a matter of time before these frat houses are more widespread and start impacting more residents. As you are all elected to represent us residents, please consider what is in our best interest. Thank you, Taylor Gilmore 619 From:Shoresman, Michelle Sent:Wednesday, October 16, 2024 8:33 PM To:Mezzapesa, John; Tway, Timothea (Timmi) Cc:McDonald, Whitney Subject:FW: List of CUPs for sororities and fraternities & present status Attachments:Greek CUPs in SLO.pdf Hi Timmi and John, First of all, thank you so much…both of you…for the kind, responsive way you dealt with the neighbors from Toscana and Item 5g. It takes a lot to stand up there and think you know the whole picture, but be willing to take another look based on what is being said by people there speaking. It was well-handled and I appreciate it very much. Toscana aside for another day…I would love to better understand all this Greek/CUP “stuff.” I have so many questions about this list! How is it that one fraternity can have two CUPs…don’t they stay with the property? If a property is sold, converted into something else, and no longer being used for the purpose it was, why is the CUP still assigned to the fraternity that used to be at that property? Why isn’t it cancelled or terminated? I thought fraternities and sororities HAD to have a CUP to be “legal.” I must be wrong about that? Why do we, or the university allow them to operate without being “legal”? Anyway, this is just a few as I try to make sense of this. If you want to schedule a time to talk, because that’s easier than conversing over email back and forth, that would be great. But, I am ok with whatever you prefer. I also would love to talk more about Lot 7, SLR. So, maybe we can combine the two topics at a coffee or something. Or I can just meet at your office or City Hall too. Thanks, in advance, for your attention to all these matters. Michelle From: kathie walker < Sent: Wednesday, October 16, 2024 11:30 AM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: List of CUPs for sororities and fraternities & present status This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. A while back, John Mezzapesa kindly provided me with the list of CUPs for sororities and fraternities on file at the City. (Thank you, John. You've been so helpful throughout this process! I appreciate all you've done.) Since there were some questions last night at the City Council meeting about "20 or so CUPs" I have attached a screenshot of the list provided by John and made annotations next to each CUP to show the present status of each. I have used bold font to indicate the fraternities. As you can see, of the 19 fraternities in the IFC at Cal Poly, only six have CUPs. 620 Thank you to the Council and city staff for working toward solutions to this frustrating problem. We enjoy our college neighbors and have had enriching relationships with many of them. It's the fraternities that have been problematic. With gratitude, Kathie Delta Chi (Fraternity) 1236 Monte Vista Sigma Nu (Fraternity) 1292 Foothill Alpha Phi (Sorority) 1290 Foothill It seems the project was not completed in 2008 according to the terms of CUP therefore it is unclear whether this CUP is valid. Sigma Nu (Fraternity) 1304 Foothill Gamma Phi Beta (Sorority) 1326 Higuera Delta Gamma (Sorority) 1328 Foothill Phi Kappa Psi (Fraternity) 1335 Foothill Alpha Chi Omega (Sorority) 1464 Foothill Kappa Alpha Theta (Sorority) 180 California Alpha Gamma Delta (Sorority) 190 Stenner Kappa Kappa Gamma (Sorority) 244 California Alpha Epsilon Pi (Fraternity) 280 California Sigma Kappa (Sorority) 615 Grand Chi Omega (Sorority) 700 Grand Delta Upsilon (Fraternity) 720 Foothill Lambda Chi Alpha (Fraternity) 1264 Foothill New CUP issued 6/2024 Alpha Gamma Rho (Fraternity) 132 California – must re-apply Fraternity suspended, no longer in good standing until Fall 2025 Formerly Kappa Kappa Gamma (Sorority) Sorority relocated to 244 California Former sorority, the original house was demolished and The property was re-developed into luxury homes/condos Former Zeta Tau Alpha (Sorority), no longer affiliated with Cal Poly; Sold to private owner in 2007 Of 19 fraternities at Cal Poly (IFC) only 6 fraternities have CUPs. Sigma Nu has 2 CUPs 621 From:Shoresman, Michelle Sent:Wednesday, October 16, 2024 8:20 PM To:kathie walker Subject:RE: List of CUPs for sororities and fraternities & present status Thanks Kathie, This raises so many questions for me…so I will discuss with staff to improve my overall, general understanding of this topic. Michelle From: kathie walker < Sent: Wednesday, October 16, 2024 11:30 AM To: E-mail Council Website <emailcouncil@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org> Subject: List of CUPs for sororities and fraternities & present status This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. A while back, John Mezzapesa kindly provided me with the list of CUPs for sororities and fraternities on file at the City. (Thank you, John. You've been so helpful throughout this process! I appreciate all you've done.) Since there were some questions last night at the City Council meeting about "20 or so CUPs" I have attached a screenshot of the list provided by John and made annotations next to each CUP to show the present status of each. I have used bold font to indicate the fraternities. As you can see, of the 19 fraternities in the IFC at Cal Poly, only six have CUPs. Thank you to the Council and city staff for working toward solutions to this frustrating problem. We enjoy our college neighbors and have had enriching relationships with many of them. It's the fraternities that have been problematic. With gratitude, Kathie 674 From:Corey, Tyler Sent:Wednesday, October 16, 2024 3:46 PM To:Mezzapesa, John Subject:FW: Frats and Sororities 2024 Can you follow up with Arlen on this? Let me know, thanks From: Diepenbrock, Arlen <adiepenb@slocity.org> Sent: Wednesday, October 16, 2024 3:43 PM To: Corey, Tyler <tcorey@slocity.org> Subject: FW: Frats and Sororities 2024 Hey Tyler, It is frat and sorority fire inspection week for me and I wanted to check with you make sure that I captured all of the permitted addresses. Here is the list Ive been working from. Alpha Chi Omega 1464 E Foothill Blvd SLO axo.president.cp@gmail.com Delta Gamma 1328 E. Foothill Blvd. dg.president.calpoly@gmail.com Gamma Phi Beta 1326 Higuera Street gphibpresident@gmail.com Alpha Omicron Pi 190 Stenner Street aoii.president.chipsi@gmail.com Alpha Phi 1290 E Foothill Blvd sloaphipres@gmail.com Chi Omega 700 Grand Avenue chiopres.cp@gmail.com Kappa Kappa Gamma 244 California Blvd kkg.president.calpoly@gmail.com Sigma Kappa 615 Grand Ave sigmakappaslo@gmail.com Delta Chi 1236 Monte Vista Pl president.cpdeltachi@gmail.com Phi Kappa Psi 1335 Foothill Blvd cpphipsipresident@gmail.com Kappa Alpha Theta 180 California Blvd cpthetapresident@gmail.com Delta Upsilon 720 Foothill Blvd ducalpolypresident@gmail.com Sigma Nu 1304 East Foothill Blvd Cpsnupresident@gmail.com Alpha Epsilon Pi 280 California Blvd. aepi.presidentcalpoly@gmail.com Lambda Chi Alpha 1264 Foothill Blvd. Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org 675 Stay connected with the City by signing up for e-notifications From: Diepenbrock, Arlen Sent: Monday, September 30, 2024 4:42 PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Salem, Rami <RSalem@slocity.org> Subject: RE: Frats and Sororities 2024 Im fine if we push it to the second week in October. That work for you Rami? Thanks Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Monday, September 30, 2024 4:08 PM To: Diepenbrock, Arlen <adiepenb@slocity.org> Cc: Salem, Rami <RSalem@slocity.org> Subject: Re: Frats and Sororities 2024 Hi Arlen, Do you think we could push it to the week after? Our chapters are right in the middle of recruitment which is their busiest time of year, and I want to make sure they have time to prepare (or at least clean up a little bit) in between recruitment and fire inspections. If not, I'm sure they can make it work! Typically, your department gives me specific dates and specific time ranges within those days that chapters can sign up for, and then I create a sign up sheet to send to them to sign up for a slot. However, since we are requiring the chapter presidents to be present (which I agree is a great idea), I might have them reach out to you to schedule a time by a certain date and cc me in it so I know that they have scheduled it. What do you think? I'm good with either option. Best, 676 Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Why Do Pronouns Matter? Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 From: Diepenbrock, Arlen <adiepenb@slocity.org> Sent: Monday, September 30, 2024 3:59:24 PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Salem, Rami <RSalem@slocity.org> Subject: FW: Frats and Sororities 2024 Hey Elizabeth, I would like to begin scheduling the inspections for next week. Do you reach out to schedule these or should I begin shootin off emails? We are going to require that the president of the organization be present for the inspection this year so that we can disseminate some critical information. Thanks Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Mezzapesa, John <JMezzape@slocity.org> Sent: Wednesday, September 25, 2024 8:34 AM To: Diepenbrock, Arlen <adiepenb@slocity.org>; Elizabeth Aiello-Coppola <eaielloc@calpoly.edu>; Salem, Rami <RSalem@slocity.org> Cc: Hutchinson, Julianna <JHutchin@slocity.org>; Beres, Jason <jberes@slocity.org> Subject: RE: Frats and Sororities 2024 Looping in Rami as he will be the officer to perform these inspections. Rami, please work with Arlen to find a time that works for both of you. Thanks, John Mezzapesa Interim Deputy Building Official 677 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Diepenbrock, Arlen <adiepenb@slocity.org> Sent: Tuesday, September 24, 2024 5:20 PM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>; Hutchinson, Julianna <JHutchin@slocity.org>; Beres, Jason <jberes@slocity.org> Subject: RE: Frats and Sororities 2024 Thanks, Ill work with Code Enforcement to hammer out some dates that work for both of us. From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Tuesday, September 24, 2024 9:39 AM To: Diepenbrock, Arlen <adiepenb@slocity.org> Cc: Mezzapesa, John <JMezzape@slocity.org>; Hutchinson, Julianna <JHutchin@slocity.org>; Beres, Jason <jberes@slocity.org> Subject: Re: Frats and Sororities 2024 Here is their email address: slolca.alpha@gmail.com Beginning of October works for me! Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Diepenbrock, Arlen <adiepenb@slocity.org> Date: Tuesday, September 24, 2024 at 8:34 AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Cc: Mezzapesa, John <JMezzape@slocity.org>, Hutchinson, Julianna <JHutchin@slocity.org>, Beres, Jason <jberes@slocity.org> Subject: RE: Frats and Sororities 2024 Elizabeth, Thanks for the update, lets get an email address for the last one on the list and if Code Enforcement is available, depending on availability I would like to begin scheduling these inspections for the beginning of Oct. Please let me know if this works for everyone. 678 Alpha Chi Omega 1464 E Foothill Blvd SLO axo.president.cp@gmail.com Delta Gamma 1328 E. Foothill Blvd. dg.president.calpoly@gmail.com Gamma Phi Beta 1326 Higuera Street gphibpresident@gmail.com Alpha Omicron Pi 190 Stenner Street aoii.president.chipsi@gmail.com Alpha Phi 1290 E Foothill Blvd sloaphipres@gmail.com Chi Omega 700 Grand Avenue chiopres.cp@gmail.com Kappa Kappa Gamma 244 California Blvd kkg.president.calpoly@gmail.com Sigma Kappa 615 Grand Ave sigmakappaslo@gmail.com Delta Chi 1236 Monte Vista Pl president.cpdeltachi@gmail.com Phi Kappa Psi 1335 Foothill Blvd cpphipsipresident@gmail.com Kappa Alpha Theta 180 California Blvd cpthetapresident@gmail.com Delta Upsilon 720 Foothill Blvd ducalpolypresident@gmail.com Sigma Nu 1304 East Foothill Blvd Cpsnupresident@gmail.com Alpha Epsilon Pi 280 California Blvd. aepi.presidentcalpoly@gmail.com Lambda Chi Alpha 1264 Foothill Blvd. Thanks Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Monday, September 23, 2024 2:56 PM To: Diepenbrock, Arlen <adiepenb@slocity.org> Subject: Re: Frats and Sororities 2024 Hi Arlen, The only other addition is: Lambda Chi Alpha – 1264 Foothill Blvd. Let me know what week and times work for you and your team and I can get them scheduled! Best, Elizabeth Aiello-Coppola, M.A. 679 pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Diepenbrock, Arlen <adiepenb@slocity.org> Date: Monday, September 23, 2024 at 11:42 AM To: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Subject: Frats and Sororities 2024 Hey Elizabeth, I am looking to begin setting up inspections for the frats and sororities for 2024. Is the below list still current? Are ther e any others that we need to add or update any addresses? Are you still the best contact for this? Thanks Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Sent: Monday, January 29, 2024 2:35 PM To: Diepenbrock, Arlen <adiepenb@slocity.org> Subject: Re: Returning your phone call This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Arlen, Here is the contact information for the houses that had Fire Inspections this Fall: Alpha Chi Omega 1464 E Foothill Blvd SLO axo.president.cp@gmail.com Delta Gamma 1328 E. Foothill Blvd. dg.president.calpoly@gmail.com Gamma Phi Beta 1326 Higuera Street gphibpresident@gmail.com Alpha Omicron Pi 190 Stenner Street aoii.president.chipsi@gmail.com 680 Alpha Phi 1290 E Foothill Blvd sloaphipres@gmail.com Chi Omega 700 Grand Avenue chiopres.cp@gmail.com Kappa Kappa Gamma 244 California Blvd kkg.president.calpoly@gmail.com Sigma Kappa 615 Grand Ave sigmakappaslo@gmail.com Delta Chi 1236 Monte Vista Pl president.cpdeltachi@gmail.com Phi Kappa Psi 1335 Foothill Blvd cpphipsipresident@gmail.com Kappa Alpha Theta 180 California Blvd cpthetapresident@gmail.com Delta Upsilon 720 Foothill Blvd ducalpolypresident@gmail.com Sigma Nu 1304 East Foothill Blvd Cpsnupresident@gmail.com Alpha Epsilon Pi 280 California Blvd. aepi.presidentcalpoly@gmail.com Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me From: Elizabeth Aiello-Coppola <eaielloc@calpoly.edu> Date: Friday, January 26, 2024 at 9:26 AM To: Diepenbrock, Arlen <adiepenb@slocity.org> Subject: Returning your phone call Hi Arlen, I’m sorry to have missed your call yesterday, I was out sick. I just tried calling you back but it keeps going straight to voicemail without letting me leave one. Feel free to give me a call back today and I’ll try and catch you, or I’d be happy to answer any questions you have over email! Best, Elizabeth Aiello-Coppola, M.A. pronouns she/her/hers Assistant Director, Fraternity & Sorority Life Leadership & Service | Student Affairs Cal Poly | San Luis Obispo, CA 93407 | 805-756-7263 Schedule a meeting with me 693 From:Wallace, Christine Sent:Wednesday, October 16, 2024 10:04 AM To:Ellsworth, Melissa Subject:Re: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Court said the appeal was denied. The frat gets to continue with their use permit. On Oct 16, 2024, at 10:00 AM, Wallace, Christine <cwallace@slocity.org> wrote: K, I’ll text Court. On Oct 16, 2024, at 9:56 AM, Ellsworth, Melissa <mellswor@slocity.org> wrote: Haven’t heard anything yet From: Wallace, Christine <cwallace@slocity.org> Sent: Wednesday, October 16, 2024 9:55 AM To: Ellsworth, Melissa <mellswor@slocity.org> Subject: Re: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b I know the frat members were there but I don’t know if staff was there. Do you know the outcome? On Oct 16, 2024, at 9:01 AM, Ellsworth, Melissa <mellswor@slocity.org> wrote: Do you know if anyone from Cal Poly attended last night? From: Colunga-Lopez, Andrea <AColunga@slocity.org> Sent: Wednesday, October 16, 2024 8:15 AM Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting after the 3:00 pm deadline. 694 Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) 1. Voss 2. Gilmore (2) Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II <image001.png> City Administration E AColunga@slocity.org T 805.781.7105 slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications 703 From:Tracy L. Watson <twatson@calpoly.edu> Sent:Wednesday, October 16, 2024 8:25 AM To:Purrington, Teresa Subject:Re: SCLC Meeting #25-03, October 16, 2024 Attachments:SCLCPacket_25-03_10-17-24.pdf Thanks Teresa, I saw Mayor Stewart yesterday and she let me know as well. I am waiting on a potential presentation for the meeting, however, the meeting packet is attached. See you tomorrow. Tracy Watson She/Her Administrative Assistant II, Student Government Associated Students, Inc. California Polytechnic State University 1 Grand Ave. San Luis Obispo, CA 93407-0675 P: 805-756-1292 | F: 805-756-6166 asi.calpoly.edu Cal Poly sits on the traditional lands of the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. The yak titʸu titʸu yak tiłhini have a documented presence in this area for over 10,000 years. The tiłhini peoples have stewarded their ancestral and unceded homelands which include all of the cities, communities, federal and state open spaces within the San Luis Obispo County region. These homelands extend East into the Carrizo Plains toward Kern County, South to the Santa Maria River, North to Ragged Point, and West beyond the ocean’s shoreline in an unbroken chain of lineage, kinship, and culture. From: Purrington, Teresa <TPurring@slocity.org> Sent: Wednesday, October 16, 2024 8:18 AM To: Tracy L. Watson <twatson@calpoly.edu> Subject: RE: SCLC Meeting #25-03, October 16, 2024 Hi Tracy, Just wanted to let you know that Council Member Shoresman decided not to go to the conference this week so she will be at SCLC representing Mayor Stewart. Teresa From: sclc-request@calpoly.edu <sclc-request@calpoly.edu> On Behalf Of Tracy L. Watson Sent: Tuesday, October 15, 2024 3:33 PM To: sclc@calpoly.edu Subject: SCLC Meeting #25-03, October 16, 2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello SCLC, 704 Attached you will find this week's SCLC meeting packet. See you Thursday. Thank you. Tracy Watson She/Her Administrative Assistant II, Student Government Associated Students, Inc. California Polytechnic State University 1 Grand Ave. San Luis Obispo, CA 93407-0675 P: 805-756-1292 | F: 805-756-6166 asi.calpoly.edu Cal Poly sits on the traditional lands of the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. The yak titʸu titʸu yak tiłhini have a documented presence in this area for over 10,000 years. The tiłhini peoples have stewarded their ancestral and unceded homelands which include all of the cities, communities, federal and state open spaces within the San Luis Obispo County region. These homelands extend East into the Carrizo Plains toward Kern County, South to the Santa Maria River, North to Ragged Point, and West beyond the ocean’s shoreline in an unbroken chain of lineage, kinship, and culture. SCLC Agenda Meeting #25-03 October 17, 2024 3:10 p.m. to 5:00 p.m. City Hall Hearing Room 990 Palm Street A.Call to Order B.Introductions C.Approval of Meeting Minutes a)#25-02, September 19, 2024 D.Open Forum E.Reports a) Chair/Vice Chair – Ashleigh Spragins/Lucia Landeros b)San Luis Obispo City Manager – Whitney McDonald c)Neighborhood Wellness Civility Report – Christine Wallace d)Residents for Quality Neighborhoods – Brett Cross e)Community Representative Reports – Abe Lincoln & Mila Vujovich-LaBarre F.Old Business a)None G.New Business a)Presentation: SLO Solutions – Nicolina Galante b)Proposal: Meet Your Neighbors Campaign – Colin Shea c)Discussion: Outreach/Engagement – Roy Murphy d)St. Patrick’s Day 2025 Updates H.Voting Members Reports (1 minute) I.Announcements J.Adjournment K.Next meeting: November 21, 2024 SCLC Meeting #25-02, September 19, 2024 Location: San Luis Obispo, City Hall Hearing Room 3:10-5:00 p.m. Voting Members Present Ashleigh Spragins - Cal Poly - ASI President, SCLC Chair Lucia Landeros - Cuesta-ASCC President, SCLC Vice Chair Taylor Brandenburg – Panhellenic Council President Brett Cross – City of SLO-Residents for Quality Neighborhoods (RQN) Michelle Crawford - Cal Poly-ASI Executive Director Whitney McDonald - City of SLO- City Manager Fred Mickel – City of SLO – SLOPD Chief of Police Designee Christopher Mutshnick – Cuesta College – Director of Student Engagement Joy Pedersen - Cal Poly – Dean of Students Nicolina Galante - Creative Mediation-SLO Solutions Designee Anders Ruud - Cal Poly – Interfraternity Council Representative Colin Shea – Cal Poly – Student-at-Large Erica A. Stewart - City of SLO –Mayor Mila Vujovich-LaBarre – City of SLO – Geographic Neighborhoods Association Christine Wallace – City of SLO – SLOPD - Public Affairs Manager Voting Members Absent Debbie Arnold – County of SLO – Board of Supervisors Elizabeth Coria - Cuesta College – Vice President of Student Success and Support Programs Evelyn Gutierrez – Cal Poly – United Fraternity & Sorority Council Representative Abe Lincoln – City of SLO – Community Member-at-Large Roy Murphy – Cuesta - Student-at-Large Non-Voting Members Present Matthew Armas – Cal Poly – Student Rights & Responsibilities Elizabeth Aielo-Coppola – Cal Poly – Fraternity & Sorority Life Andy Pease – City of SLO-City Council Member Meghan Schuler-Jones – Cal Poly, ASI Executive Director Designee Tracy Watson - Cal Poly-ASI Administrative Assistant II, Note taker Non-Voting Members Absent George Hughes – Cal Poly - University Police Department, Chief of Police Guests Icole Aichele – Cal Poly, Leadership & Service Debi Hill – Cal Poly, Student Affairs Jason Mockford – Cal Poly, Leadership & Service Matthew Armas – Cal Poly, Office of Student Rights & Responsibilities Brad Pulcipher – Cal Poly, Office of Student Rights & Responsibilities Kathie Walker – City of SLO – Resident A. Call to Order a. Ashleigh called the meeting to order at 3:11 p.m. b. Silent roll call was taken and with 14 voting members in attendance, quorum was met. B. Approval of Meeting Minutes - #25-02, September 19, 2024 a. Minutes stand approved by consent. C. Open Forum a. None D. Reports a. Chair/Vice Chair, Ashleigh Spragins, Lucia Landeros 1. Ashleigh gave an update on the Neighborhood Wellness Civility Report stating a memo was written showing action items as complete. 2. She reported that a statement was received from CSU Legal Counsel stating that fraternities and sororities are not obligated to provide addresses for privacy and security reasons. 3. Lucia shared events taking place at Cuesta including Latinx Heritage month and a special election for filling positions at Cuesta. b. City Manager – Whitney McDonald 1. Whitney gave an update on the project in collaboration with the City and Cal Poly including Vista Meadows and Grand Avenue. 2. Transit services have been added to support school schedules. 3. North Chorro greenway has been completed and a ribbon cutting was held. c. Neighborhood Wellness Civility Report – Christine Wallace i. Christine gave an update on the Safety Enhancement Zone for Cal Poly move in and the marketing campaign. Communication efforts included speaking to WOW leaders, Greek Life president’s, postcards, and social media. Safety plans are in place for Halloween activities. d. Residents for Quality Neighborhoods – Brett Cross i. Brett announced the annual RQN dinner and encouraged members to attend. ii. At the RQN board meeting, discussion took place on university housing or lack thereof. e. Community Representatives Reports – Abe Lincoln & Mila Vujovich-LaBarre i. Mila recommended that neighbors introduce themselves to start on a positive note. ii. She expressed concerns for students on bikes to not run stop signs and stay illuminated to avoid further accidents. iii. She stated that were concerns shared from “Moms” about no soap dispensers downtown. iv. Mila recommended that SCLC should provide funding and resources on how to be a good neighbor. v. Abe - Absent E. Old Business a. 2024-25 SCLC Meeting Schedule 1. Motion #1 (Landeros/Vujovich-LaBarre) “Move to approve the 2024-25 SCLC meeting schedule.” 2. Lucia mentioned that schedules were adjusted so dates presented have no conflicts. 3. Motion passed unanimously. F. New Business a. WOW Presentation – Debi Hill i. Debi Hill, Associate Vice President Student Affairs, gave a presentation on the New Student and Transition Programs over the summer and beginning fall quarter including Open House, SLO Days, and Week of Welcome (WOW). She shared the highlights and goals of each program. a. Open House is a showcase of the Cal Poly campus to prospective students, their families, and supporters, and the community while offering a glimpse into life as a Mustang b. SLO Days is a critical orientation process for first-time freshman and transfer students to participate in different SLO Days experiences. Parent and supporter SLO Days sessions are offered the same days as the student sessions and are geared toward the parent/supporter experience. With 13 sessions, 6,300 students and 3,000 parents and supporters in attendance. c. Week of Welcome (WOW) is the official beginning of a student’s experience as a Cal Poly Mustang. WOW will continue to provide opportunities for friendships, connection to Cal Poly, and the SLO community, b. Neighborhood Meet and Greet Update i. Members shared ideas for neighborhood meet and greets. 1. Welcome back video from student leaders, city officials and community members. 2. Colin shared an idea for a proposal for next quarter to use SCLC funds for a “Meet Your Neighbor competition. Take a selfie with neighbor, offer prizes. Suggestions from members included: a. Restaurants might sponsor prizes/gifts b. Work with the city’s communication outlets c. Encourage building relationships with neighbors. d. Option to opt out on providing a selfie picture but still be able to participate. e. Cuesta students could be longtime residents. Engage all SLO County to make it equitable for all students. f. Colin will take the suggestions, create the proposal, and present at the next meeting. c. Define 2024-25 Goal Setting i. Continuation of the colored sticky note activity from the last meeting, Ashleigh shared the results. 1. Pink – Build relationships, networking, building community 2. Orange – Personal intensions, tangible results, initiatives 3. Blue – Group intensions, foster community, respectful and positive outcomes. 4. Green – Goals – Presentations, Subcommittees, productive conversations, follow up practices 5. Green – Primary Initiatives – annual Welcome Back event, good neighbor education, renters’ rights education, and St. Patrick’s Day. ii. Members discussed St. Patrick’s Day as a pertinent issue and what change is needed. Recommendations included inviting Cal Poly Task Force for a presentation. This would identify what has already been done so as not to duplicate efforts. Add St. Patrick’s Day discussion as a standing discussion item on the agenda. G. Voting Member Reports a. Voting members gave their reports. b. Christine shared the noise report. See attached. H. Announcements I. Adjournment - Meeting adjourned at 5:05 p.m. Memorandum TO: SCLC Voting Members DATE: October 15, 2024 FROM: Colin Shea COPIES: T. Watson Cal Poly Student Member-at-Large SUBJECT: Proposal for up to $500 for the purchase of prizes to be distributed to the three winners of the 2024 Meet your Neighbors Competition. PROPOSAL: To seek up to $500 in funding for the purchase of prizes that are outlined below to be distributed to the three winners of the 2024 Meet your Neighbors Competition. RATIONALE: The purchase of the prizes would be an incentive for neighbors and members of the community to meet their neighbors to achieve this initiative's goal. The goal is to encourage both students and full-time residents to meet their neighbors, strengthen community ties, and create a more inclusive atmosphere. COMPETION DETAILS: Participants will be encouraged to meet their neighbors, submit a selfie together or fun facts about their neighbors, through a designated Microsoft Form. Each submission will count as an entry. At the competition's end, a raffle will be run, and winners will be announced. Residents will have the option on the Microsoft Form to opt out of their photo being posted at the event's completion. Winners will have the option to choose one of the following prizes and will be ordered when chosen: - HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer - Amazon Echo Dot (5th Gen, 2022 release) - Apple AirPods 4 Wireless Earbuds - Apple AirTag 4 Pack The competition will not only foster interactions between neighbors but also encourage positive interactions within the community, especially between students and long-term residents. The competition will run from Wednesday October 23rd to Wednesday October 30th with the winners to be announced Friday October 25th. RECOMMENDATION: To achieve the new goal the following is proposed: • Approve an expenditure of up to $500 to purchase prizes listed above to be used to order prizes after winner have been announced. IMPACT: SCLC has a current available funding balance of $12,260. • This proposed expenditure, if approved, would result in an available funding balance of $11,760. COMMUNICATION PLAN The use of Instagram will be the focus of the communication plan. Potential partners to post will include ASI, City of SLO, Cuesta, SLOPD and any other Instagrams that are willing to post. Word of Mouth will be important during this campaign. The graphic that will be made by ASI Marketing team. LINKS TO PRIZES: HP DeskJet 4255e Wireless All-in-One Color Inkjet Printer Amazon Echo Dot (5th Gen, 2022 release): Apple AirPods 4 Wireless Earbuds: Apple AirTag 4 Pack: 705 From:Colunga-Lopez, Andrea Sent:Wednesday, October 16, 2024 8:17 AM To:Taylor Gilmore Cc:CityClerk Subject:RE: October 15th Council Meeting - Agenda Item 6b Hi Taylor, Thank you for your additional input, it has been sent to the City Council members. It is now placed in the public archive. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Taylor Gilmore < Sent: Tuesday, October 15, 2024 9:48 PM To: E-mail Council Website <emailcouncil@slocity.org>; Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: Re: October 15th Council Meeting - Agenda Item 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. All, I just wanted to send a note of gratitude for the real consideration of the appeal and conversation around the appropriate conditions to include in the CUP for Lambda Chi. I know it made for a late night for everyone, so I wanted to say thank you for hearing the residents and working through the concerns with City staff. While it was not material to the individual CUP approval, I also wanted to share my appreciation for hearing the frustration around Cal Poly’s lack of accountability for their Greek life. I know that Cal Poly is a valued partner to this community, but the impact their fraternities (especially satellite houses) have had on the residential neighborhoods has been horrible and has contributed to get worse every year. Cal Poly’s approach and unwillingness to work proactively with the City has been incredibly disheartening, so I very much appreciate hearing the candid frustration brought up tonight. 706 Thank you again, Taylor Gilmore On Oct 14, 2024, at 6:51 PM, Taylor Gilmore < wrote: Council, I was born in San Luis Obispo and currently live in the Alta Vista neighborhood with my husband and our two young children. I work full-time from home and teach at Cal Poly. This neighborhood used to be a vibrant mix of students, professors, and professionals. With the substantial increase in Greek life at Cal Poly, this neighborhood has become the "Greek Row" that Cal Poly never planned for and continues to take no responsibility for. It is impossible to sleep starting on Thursday night and through the weekend due to loud fraternity parties. Noise travels because of the terrain of the neighborhood and we hear parties on Foothill even though we live several blocks away in the single-family residential area. Even during the day, during the week, there have been times that I’ve had to stop working and go find the noise to respectfully ask them to quiet down since I can hear them partying through my noise cancelling headphones. Every time, it is noise from a frat house. There have also been times that my husband or I had to get out of bed at night when children can’t sleep due to a noisy party. Since non-emergency always asks for an address, we’ve had to go find the party, which is usually at a fraternity house. Since a fraternity impacts the neighborhood significantly more than a standard college rental, I agree that conditions should be added to the use permit for the Lambda Chi fraternity, as requested by the appeal. 1. Do not permit events or parties that will violate the City’s noise ordinance, amplified music, DJs or live bands. The bass component of music is especially disturbing. I've found myself feeling incredibly frustrated, trying to sleep, with the base permeating the walls. I've told my husband that it feels like Chinese water torture with the contant dripping. The bass of the music can be heard from a long distance and it even surprises me when I get up and go outside to try to find the location of the music and it doesn't seem nearly as loud outside. You really can't imagine how disruptive it is until you have lived near a fraternity. 2. Limit the number of people at the fraternity at night, after 10:00 p.m. Having 48 people in an area outside will make a lot of noise during a time when people need to sleep. Limiting occupancy to 24 people is more reasonable. Just the sound of that many people talking is loud, but when you introduce music, it is much louder. 3. Send the use permit to the Planning Commission for re-review if the fraternity has four violations of their CUP in twelve months. 707 Absent a mandated review threshold, there would be no incentive for the fraternity to limit activities that could lead to violations. Having a threshold holds the fraternity accountable and does not prevent the city from acting sooner, if they want to do so. The mandated review is important if the violations stack up to an egregious amount, like four violations of the CUP in twelve months. 4. Noise citations and the fines for those citations should be attributed to the same address. There are six different addresses and for the purpose of the progressive fine structure for noise citations, citations against any of the six addresses should accumulate against one address. The students are smart and know how to work the system. They will rotate which address they give to responding officers to avoid penalties. 5. “Failure to comply with any of the conditions or code requirements, or the conduct of the use as so to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit.” The appeal points out that this is included in other fraternity CUPs and it seems important to have as a condition of use. As a resident who is directly impacted by the many fraternities in the neighborhoods near Cal Poly's campus, I urge this council to add these reasonable conditions to the CUP. While Cal Poly continues to increase their enrollment, that will only bring more fraternity houses. If this CUP is given without any of the above conditions, that means future fraternity house CUP will also be issued without any conditions. Since San Luis Obispo has limited housing, it is only a matter of time before these frat houses are more widespread and start impacting more residents. As you are all elected to represent us residents, please consider what is in our best interest. Thank you, Taylor Gilmore 708 From:Colunga-Lopez, Andrea Sent:Wednesday, October 16, 2024 8:15 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting after the 3:00 pm deadline. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Voss - Gilmore (2) Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 714 From:Scott, Rick Sent:Tuesday, October 15, 2024 6:29 PM To:Amoroso, Brian Subject:RE: Cite/DAC/Party Reg Details Ok. Thanks for the detailed information, very helpful. Thank you, Rick From: Amoroso, Brian <bamoroso@slocity.org> Sent: Tuesday, October 15, 2024 4:11 PM To: Scott, Rick <rscott@slocity.org> Subject: Cite/DAC/Party Reg Details Hi Chief For council tonight in case you need it:  Anyone is eligible for party registration, including Fraternity Houses, so long as they have not had a DAC or a citation issued in the past 9 months at the location  Fraternities would get the same telephonic warning for a first offense on a registered party, just like any other resident would  Fraternity Houses are not eligible for a DAC, and only have Officers respond. (no snap)  Any address who has a DAC or a citation issued remains on the premised list for 9 months, at which time they automatically are removed from the list if there are no further violations  A property owner can petition the PD for the removal of an address from the premise list if they can show a new lease with a complete turnover of residents from the previous year ( Hope this helps. Let me know if you need anything else. Brian Brian Amoroso Deputy Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E bamoroso@slocity.org T 805.594.8016 slocity.org Stay connected with the City by signing up for e-notifications 715 This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 718 From:Darrell Voss < Sent:Tuesday, October 15, 2024 5:51 PM To:E-mail Council Website Cc:Kathie & Steve Walker Subject:Letter to appeal RQN Attachments:RQN Appeal.docx This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. To Whom It May Concern, Please find an attached letter in favor of RQN Quality neighborhoods. Sincerely, Darrell Voss Darrell Voss 188 Hathway Ave. San Luis Obispo, CA 93405 (805)545-8699 To Whom It May Concern, I am writing this letter today to support the RQN appeal. I am a property owner and resident in the R-1 zone adjacent to most of the fraternities. We have experienced a recent fraternity (Lambda Chi Alpha), just granted permission to have a house on East Foothill, standing in front of their house with a sign saying, “You honk we drink.” This causes not only noise from honking and yelling but dangerous driving conditions too. We frequently experience large parties with noise from music (DJ’s and stereos/yelling/foul language) and excessive drinking with students from these parties urinating in our driveway, walking in a zig zag in the streets (clearly intoxicated) and it is clear these are themed parties held by fraternities from the attire worn (Hawaiian theme for example). We are especially concerned regarding the St. Fratty’s day events that have been overwhelming and dangerous in the past (roof collapse for example), causing us to flee our home and this last year to temporarily fence our driveway (this did not stop students from pushing the fence over and urinating in our driveway or throwing bottles over the fence causing glass to break and shatter on our driveway). If there are not enforceable rules/laws to ensure our neighborhood is not turned into a fraternity neighborhood then the situation will only get worse. Please hear our appeal and continue to enforce the regulation of citing and fining large gatherings and do not allow this neighborhood to deteriorate into an unsafe and inhabitable place to live. Thank you for your time and hearing our voice! Sincerely and with gratitude, Darrell Voss 723 From:Shoresman, Michelle Sent:Tuesday, October 15, 2024 5:11 PM To:Brett Cross Subject:RE: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) Thanks Brett. I had already noted my own question about the number of people permitted overnight, and overall. I think it will be an interesting discussion tonight. Michelle From: Brett Cross < Sent: Tuesday, October 15, 2024 11:30 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I'd like you to think about a couple of things before tonight's meeting about the appeal. "As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use..." Substitute the word "Wellness" or "Wellbeing" for welfare because that's really what is meant. So, even with the conditions will the use be detrimental to the wellness or wellbeing of persons who live or work in the neighborhood. There are issues with events that allow up to 100 people on site. Where do they park? How do they get there?. What impacts do they have after leaving the event to nearby residents? As conditioned, is it probable that "special events" would be allowed by the Community Development Director that would violate the City's existing noise regulations? That needs to be answered. And if nearby residents object, what is there a cost to appeal the special event permit? The staff report makes mention of the other fraternity and sororities in the area. The staff report doesn't mention the impacts that these are already having on the nearby residents. There should be a real question as to whether or not even approving new fraternity uses should be considered in this area due to an over concentration. Or even in the City due to problems associated with the use that seemingly cannot be mitigated even with conditions. I think you've been made aware that the Planning Commission denied a Use Permit a long time ago due to impacts that were being caused by Fraternity uses that they believed couldn't be mitigated even with conditions. Lastly, there is one very interesting inconsistency in the staff evaluation and that is, on one hand staff is saying that the number of guests cannot be regulated and on the other hand the conditions of approval regulate the number of persons for meetings or "special events". I don't get it. I hope really consider the wellbeing and wellness of the surrounding residents and the impacts a fraternity can have on that wellbeing. 724 Sincerey Brett Cross Laguna Lake Neighborhood San Luis Obispo 28 From:Amoroso, Brian Sent:Tuesday, October 15, 2024 4:35 PM To:Scott, Rick Subject:RE: Cite/DAC/Party Reg Details Department policy. From: Scott, Rick <rscott@slocity.org> Sent: Tuesday, October 15, 2024 4:24 PM To: Amoroso, Brian <bamoroso@slocity.org> Subject: Re: Cite/DAC/Party Reg Details Thanks, Brian, Is the nine month turnover our policy or ordinance? R. Scott On Oct 15, 2024, at 4:11 PM, Amoroso, Brian <bamoroso@slocity.org> wrote: Hi Chief For council tonight in case you need it: 1. Anyone is eligible for party registration, including Fraternity Houses, so long as they have not had a DAC or a citation issued in the past 9 months at the location 2. Fraternities would get the same telephonic warning for a first offense on a registered party, just like any other resident would 3. Fraternity Houses are not eligible for a DAC, and only have Officers respond. (no snap) 4. Any address who has a DAC or a citation issued remains on the premised list for 9 months, at which time they automatically are removed from the list if there are no further violations 5. A property owner can petition the PD for the removal of an address from the premise list if they can show a new lease with a complete turnover of residents from the previous year ( Hope this helps. Let me know if you need anything else. Brian Brian Amoroso Deputy Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 729 E bamoroso@slocity.org T 805.594.8016 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 748 From:Shoresman, Michelle Sent:Tuesday, October 15, 2024 2:52 PM To:Taylor Gilmore Subject:Re: October 15th Council Meeting - Agenda Item 6b Hi Taylor, Thanks for the additional email. I want to assure you that no matter where so live, this is of concern to me as I know it impacts a large number of people in the city. I know there is a belief that this will be used as a template going forward. However, I am not sure that has not seemed to be the case in the past. This is one thing I hope to ask tonight as well. I can see an argument for treating them all a little differently because of the variety of locations they are located in. Either way, I have already asked a number of questions and plan to ask more tonight. I am sure there will be robust discussion about how to move forward. Thanks again, Michelle From: Taylor Gilmore < Sent: Tuesday, October 15, 2024 1:21:12 PM To: Shoresman, Michelle <mshoresm@slocity.org> Subject: Re: October 15th Council Meeting - Agenda Item 6b Hi Michelle, I did read the Staff Report and I also watched the Planning Commission meeting. Did you watch the Planning Commission meeting? They were inclined to add the conditions recommended by residents which are included in the appeal. City Staff actually misrepresented what is actually in the current City code. I hope that you are actually doing your own due diligence on issues brought forth and not solely relying on Staff recommendations. Of particular concern in the Staff Report, is the addition of language that insinuated the Noise Ordinance can be violated with a Special Use Permit as noted in I believe condition no 14 outlined in the Staff Report. It seems the staff report is no longer available online, so I can't be sure I am referencing the correct section. It was referencing the Noise Ordinance and indicated that Lamda Chi must adhere to the Noise Ordinance except for when they receive a Special Use Permit. This insinuates that the fraternity would be allowed to violate the noise ordinance with approval from the Community Development Director. However, if you read the Noise Ordinance section of the code, it exists to insure that there is no detrimental impact to the neighbors. If you also reference the section for Special Use Permit, it explicitly states that there must be no potential to detrimentally impact the neighbors. So why would there be a specific note that they can violate the noise ordinance with approval? That should not be included at all. If the intent is to allow a larger gathering with approval, it should be written as such with the explicit wording that they shall not violate the noise ordinance. In the Planning Commission meeting, City staff also admitted to not know whether or not noise violations are attributed to a single address vs a parcel. They are only given to single addresses. The students know this. They are only issued a DAC for their first offense and not even a citation. They will rotate which address they use to avoid getting any violations, so it is imperative that the violations are issued to the APN and not the individual addresses. 749 I also realize that this is specific for one single fraternity, however this will be the template for all future CUPs that fraternities apply for. There are many more fraternities at Cal Poly than there are fraternities with CUPs, so we can expect that there will be many more CUPs in the future. If you are lucky enough to not live within the vicinity of any fraternity houses, then I can imagine this wouldn't be of particular interest to you, but it does have a major impact on my family. I have been met with disrespect and no empathy from fraternity members. They are only here for a few years and feel incredibly entitled, with no concern for their neighbors. Taylor On Mon, Oct 14, 2024 at 7:17 PM Shoresman, Michelle <mshoresm@slocity.org> wrote: Hi Taylor, Thanks for the email. As I have told some residents that have written in, I believe there is a misunderstanding between staff and residents about what will be allowed under the CUP and what won’t. If you have time, take a look at the staff report and that might explain some things. But I do plan to ask some further questions of staff during deliberations to make sure my understanding of the measures in the CUP that protect residents from noise are correct. Also, just to be clear, the item tomorrow night is just related to one particular CUP, for one property. Not for CUPs at frat houses in general. Just want to be clear about that. Thank you again, for writing in, Michelle From: Taylor Gilmore < Sent: Monday, October 14, 2024 6:51:05 PM To: E-mail Council Website <emailcouncil@slocity.org>; Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: October 15th Council Meeting - Agenda Item 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Council, I was born in San Luis Obispo and currently live in the Alta Vista neighborhood with my husband and our two young children. I work full-time from home and teach at Cal Poly. This neighborhood used to be a vibrant mix of students, professors, and professionals. With the substantial increase in Greek life at Cal Poly, this neighborhood has become the "Greek Row" that Cal Poly never planned for and continues to take no responsibility for. 750 It is impossible to sleep starting on Thursday night and through the weekend due to loud fraternity parties. Noise travels because of the terrain of the neighborhood and we hear parties on Foothill even though we live several blocks away in the single-family residential area. Even during the day, during the week, there have been times that I’ve had to stop working and go find the noise to respectfully ask them to quiet down since I can hear them partying through my noise cancelling headphones. Every time, it is noise from a frat house. There have also been times that my husband or I had to get out of bed at night when children can’t sleep due to a noisy party. Since non-emergency always asks for an address, we’ve had to go find the party, which is usually at a fraternity house. Since a fraternity impacts the neighborhood significantly more than a standard college rental, I agree that conditions should be added to the use permit for the Lambda Chi fraternity, as requested by the appeal. 1. Do not permit events or parties that will violate the City’s noise ordinance, amplified music, DJs or live bands. The bass component of music is especially disturbing. I've found myself feeling incredibly frustrated, trying to sleep, with the base permeating the walls. I've told my husband that it feels like Chinese water torture with the contant dripping. The bass of the music can be heard from a long distance and it even surprises me when I get up and go outside to try to find the location of the music and it doesn't seem nearly as loud outside. You really can't imagine how disruptive it is until you have lived near a fraternity. 2. Limit the number of people at the fraternity at night, after 10:00 p.m. Having 48 people in an area outside will make a lot of noise during a time when people need to sleep. Limiting occupancy to 24 people is more reasonable. Just the sound of that many people talking is loud, but when you introduce music, it is much louder. 3. Send the use permit to the Planning Commission for re-review if the fraternity has four violations of their CUP in twelve months. Absent a mandated review threshold, there would be no incentive for the fraternity to limit activities that could lead to violations. Having a threshold holds the fraternity accountable and does not prevent the city from acting sooner, if they want to do so. The mandated review is important if the violations stack up to an egregious amount, like four violations of the CUP in twelve months. 4. Noise citations and the fines for those citations should be attributed to the same address. There are six different addresses and for the purpose of the progressive fine structure for noise citations, citations against any of the six addresses should accumulate against one address. The students are smart and know how to work the system. They will rotate which address they give to responding officers to avoid penalties. 5. “Failure to comply with any of the conditions or code requirements, or the conduct of the use as so to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit.” The appeal points out that this is included in other fraternity CUPs and it seems important to have as a condition of use. 751 As a resident who is directly impacted by the many fraternities in the neighborhoods near Cal Poly's campus, I urge this council to add these reasonable conditions to the CUP. While Cal Poly continues to increase their enrollment, that will only bring more fraternity houses. If this CUP is given without any of the above conditions, that means future fraternity house CUP will also be issued without any conditions. Since San Luis Obispo has limited housing, it is only a matter of time before these frat houses are more widespread and start impacting more residents. As you are all elected to represent us residents, please consider what is in our best interest. Thank you, Taylor Gilmore 752 From:Francis, Emily Sent:Tuesday, October 15, 2024 2:46 PM To:Richard Schmidt Subject:RE: Item 6b -- appeal of fraternity conditions Richard, Thank you for writing in regarding the appeal of the CUP. I anticipate that we’ll have a lengthy discussion regarding the concerns raised by the appeal. Take care, Emily From: Richard Schmidt < Sent: Tuesday, October 15, 2024 9:59 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b -- appeal of fraternity conditions This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council, Please support the appeal and see to it that reasonable conditions that assure neighborhood peace, quiet and healthfulness are applied to this permit. The site is not in an entertainment district where 24/7 disturbances might be appropriate. It is in a residential zone where people live. In fact, the high density surroundings mean that many more people will have their lives, peace, and health impacted by what this permit allows. Creating a deleterious neighborhood atmosphere like this permit would create doubtless helps drive students out of high density areas and into our neighborhoods. I served eight years on the Planning Commission, and in that time no permit this weird was ever brought to us, and had it been, it would have been swatted down instantly. I don't understand what's happened to our city's previous determination to protect the masses from unruly privileged minorities like frats. Please support this appeal. Richard Schmidt 753 From:Francis, Emily Sent:Tuesday, October 15, 2024 2:42 PM To:Brett Cross Subject:RE: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) Brett, Thank you for taking the time to write in about the appeal we’ll hear this evening and for your advocacy for your neighbors. I anticipate that we’ll have a lengthy discussion this evening about the language of the CUP and the concerns presented in the appeal. Take care, Emily From: Brett Cross < Sent: Tuesday, October 15, 2024 11:30 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I'd like you to think about a couple of things before tonight's meeting about the appeal. "As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use..." Substitute the word "Wellness" or "Wellbeing" for welfare because that's really what is meant. So, even with the conditions will the use be detrimental to the wellness or wellbeing of persons who live or work in the neighborhood. There are issues with events that allow up to 100 people on site. Where do they park? How do they get there?. What impacts do they have after leaving the event to nearby residents? As conditioned, is it probable that "special events" would be allowed by the Community Development Director that would violate the City's existing noise regulations? That needs to be answered. And if nearby residents object, what is there a cost to appeal the special event permit? The staff report makes mention of the other fraternity and sororities in the area. The staff report doesn't mention the impacts that these are already having on the nearby residents. There should be a real question as to whether or not even approving new fraternity uses should be considered in this area due to an over concentration. Or even in the City due to problems associated with the use that seemingly cannot be mitigated even with conditions. I think you've been made aware that the Planning Commission denied a Use Permit a long time ago due to impacts that were being caused by Fraternity uses that they believed couldn't be mitigated even with conditions. Lastly, there is one very interesting inconsistency in the staff evaluation and that is, on one hand staff is saying that the number of guests cannot be regulated and on the other hand the conditions of approval regulate the number of persons for meetings or "special events". I don't get it. I hope really consider the wellbeing and wellness of the surrounding residents and the impacts a fraternity can have on that wellbeing. 754 Sincerey Brett Cross Laguna Lake Neighborhood San Luis Obispo 755 From:Francis, Emily Sent:Tuesday, October 15, 2024 2:33 PM To:Doug Irion Subject:RE: RQN's appeal of CUP recently issued to Lamda Chi Alpha Doug, Thank you for taking the time to write in about the appeal on the agenda this evening. I anticipate there will be lengthy discussion regarding the details of the CUP and I hope we are able to find a path forward that addresses many of the concerns raised by the appeal. Take care, Emily From: Doug Irion < Sent: Tuesday, October 15, 2024 1:12 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: RQN's appeal of CUP recently issued to Lamda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council, I live in the Monterey Heights neighborhood, which, like the Alta Vista neighborhood, is having to deal with the proliferation of satellite fraternity houses. RQN's appeal of several aspects of the Conditional Use Permit recently issued to Lamda Chi Alpha is very reasonable and will help shore up the existing permit, which is full of loopholes that seem designed to give the Fraternity myriad ways to continue disrupting neighborhoods. The SLO City Council has a responsibility to act in the best interest of San Luis Obispo. RQN's appeal helps maintain the liveability of SLO neighborhoods, and is a reasonable step in ensuring the health of the community. Without taking a stand, the liveability of the SLO neighborhoods will continue to decline and become choked with student rentals and fraternities, leading to noise disturbances, out of control partying, and an increase in trash and blight on our streets. Our city suffers because property owners who rent to students are largely disinterested in maintaining the property. They are not concerned with the impact of their business model on the fabric of the community. Please support the residents who live in and maintain their homes, pay property taxes, and vote. Imagine neighborhoods without us, or tour Isla Vista, and consider how much more difficult it will be to manage the city once we've fled. Please protect our public safety and the liveability of our neighborhoods. A first step would be incorporating RQN's requests to Lamda Chi Alpha's CUP. Thank you, Doug Irion 756 From:Francis, Emily Sent:Tuesday, October 15, 2024 2:31 PM To:Mila Vujovich-LaBarre Subject:RE: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 Mila, Thank you for writing in about the appeal of the CUP. I appreciate your advocacy for your neighbors and expect that we will have a lengthy discussion regarding the details of the permit this evening. Take care, Emily From: Mila Vujovich-LaBarre < Sent: Tuesday, October 15, 2024 1:42 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 Dear Mayor Stewart and Members of the Council, Please support the RQN appeal being presented at this evening's City Council meeting. This well-crafted appeal protects the residents in all neighborhoods, especially those living in proximity to the official and satellite fraternities. Personally, as a Geographic Neighborhood Representative for the SCLC, I have been shocked at the reports of how many residents live in areas where neighbors have repeated noise violations and damage to their personal property. If the mission of the City Council is to ensure a certain degree of peace and safety for all residents, approving the details in the RQN appeal would be a step in the right direction. It would also provide improved parameters for discussions in the SCLC and law enforcement. Thank you for your service and consideration. Respectfully, Mila Vujovich-La Barre 757 From:Francis, Emily Sent:Tuesday, October 15, 2024 2:30 PM To:Steven Walker Subject:RE: Clarification for 6b Steven, Thank you for the written clarification of the events described below and for your earlier correspondence. I found the additional information helpful and will take it into consideration during our hearing this evening. Regardless of if you are able to attend this evening, I plan to address many of the issues your emails have raised. Take care, Emily From: Steven Walker <stevewalkerslo@gmail.com> Sent: Tuesday, October 15, 2024 2:03 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Fwd: Clarification for 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ---------- Forwarded message --------- From: Steven Walker < Date: Tue, Oct 15, 2024 at 1:46 PM Subject: Clarification for 6b To: <jmarx@slocity.org>, <efrancis@slocity.org>, <apease@slocity.org>, Shoresman, Michelle <mshoresm@slocity.org>, <estewart@slocity.org> Dear Council, I am working and unable to attend tonight's meeting but his subject is important. I have read some responses from Ms. Tway and Ms. Hahn and want to clarify something. My first written complaint was sent to Community Development on February 5, 2024, after enduring a year of loud parties and unruly gatherings at the fraternity. It has been over 8 months since that complaint was made. The response claims "Upon receipt of this written complaint, staff worked to verify the complaints and began the code enforcement process to gain compliance. In addition, staff reached out to the property owner, manager, and fraternity in question to discuss the written complaint and explain the process involved in taking the CUP to Planning Commission for review." 1. Each violation was outlined in the complaint and verification could have happened quickly. 758 2. The fraternity was not made aware of the complaint for many months, presumably until this academic year. That's why they continued to have loud parties and SLOPD issued another five noise citations, which necessitated another written complaint to Community Development in June 2024. The fraternity members were not "out of town" during February 5, 2024, and June 15, 2024. My main point, and the same point made by others, is that Community Development is not proactive when enforcing violations against fraternity CUPs, although they could be. Having a threshold of violations that trigger a review does not prevent staff from taking action after one violation if they choose. The threshold guarantees that a review will happen if there is a certain number of violations within a time period, like two in six months, or four in twelve months. It's an important condition that should be included in the CUP. Thank you, Steve 759 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 2:12 PM To:Steven Walker Cc:CityClerk Subject:RE: Clarification for 6b Hi Steve, Thank you for your additional input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Steven Walker < Sent: Tuesday, October 15, 2024 2:03 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Fwd: Clarification for 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ---------- Forwarded message --------- From: Steven Walker <stevewalkerslo@gmail.com> Date: Tue, Oct 15, 2024 at 1:46 PM Subject: Clarification for 6b To: <jmarx@slocity.org>, <efrancis@slocity.org>, <apease@slocity.org>, Shoresman, Michelle <mshoresm@slocity.org>, <estewart@slocity.org> Dear Council, I am working and unable to attend tonight's meeting but his subject is important. I have read some responses from Ms. Tway and Ms. Hahn and want to clarify something. 760 My first written complaint was sent to Community Development on February 5, 2024, after enduring a year of loud parties and unruly gatherings at the fraternity. It has been over 8 months since that complaint was made. The response claims "Upon receipt of this written complaint, staff worked to verify the complaints and began the code enforcement process to gain compliance. In addition, staff reached out to the property owner, manager, and fraternity in question to discuss the written complaint and explain the process involved in taking the CUP to Planning Commission for review." 1. Each violation was outlined in the complaint and verification could have happened quickly. 2. The fraternity was not made aware of the complaint for many months, presumably until this academic year. That's why they continued to have loud parties and SLOPD issued another five noise citations, which necessitated another written complaint to Community Development in June 2024. The fraternity members were not "out of town" during February 5, 2024, and June 15, 2024. My main point, and the same point made by others, is that Community Development is not proactive when enforcing violations against fraternity CUPs, although they could be. Having a threshold of violations that trigger a review does not prevent staff from taking action after one violation if they choose. The threshold guarantees that a review will happen if there is a certain number of violations within a time period, like two in six months, or four in twelve months. It's an important condition that should be included in the CUP. Thank you, Steve 761 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 2:06 PM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Walker, S. (2) Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 764 From:Julian Smith < Sent:Tuesday, October 15, 2024 2:00 PM To:Diepenbrock, Arlen Subject:Re: Fire Inspection Hello Arlen, I never heard back from you after I gave you my number for the fire inspection, are you still planning on making by today? Thanks, Julian Smith On Oct 9, 2024, at 8:51 AM, Julian Smith <juliansyesmith@gmail.com> wrote: (808) 748-1721 Thanks! On Wed, Oct 9, 2024 at 8:21 AM Diepenbrock, Arlen <adiepenb@slocity.org> wrote: Yep, Ill put you down. What is a good phone number for you? Arlen Diepenbrock Fire Inspector I <image001.png> Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications 765 From: Julian Smith < Sent: Wednesday, October 9, 2024 8:11 AM To: Diepenbrock, Arlen <adiepenb@slocity.org> Subject: Re: Fire Inspection Can you do 2 pm next Tuesday the 15th? Best, Julian Smith On Wed, Oct 9, 2024 at 7:44 AM Diepenbrock, Arlen <adiepenb@slocity.org> wrote: I have Monday, Tuesday and Thursday mostly open. Pick a time that works for you and we can schedule it. Thanks Arlen Diepenbrock Fire Inspector I <image001.png> Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Julian Smith < Sent: Tuesday, October 8, 2024 10:54 PM To: Diepenbrock, Arlen <adiepenb@slocity.org> 766 Cc: eaielloc@calpoly.edu; cpphipsipresident@gmail.com Subject: Fire Inspection This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hello Arlen Diepenbrock, My name is Julian Smith, and I am contacting you on behalf of the Phi Kappa Psi fraternity at Cal Poly to schedule a fire inspection next week. I am the house manager and am more than happy to work with you and your team to coordinate a date so this process can run as smoothly as possible. Please get back to me with the next steps for us as soon as possible. Best, Julian Smith 767 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 1:47 PM To:Mila Vujovich-LaBarre Cc:CityClerk Subject:RE: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 Hi Mila, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Mila Vujovich-LaBarre < Sent: Tuesday, October 15, 2024 1:42 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit 10/14/2024 Dear Mayor Stewart and Members of the Council, Please support the RQN appeal being presented at this evening's City Council meeting. This well-crafted appeal protects the residents in all neighborhoods, especially those living in proximity to the official and satellite fraternities. Personally, as a Geographic Neighborhood Representative for the SCLC, I have been shocked at the reports of how many residents live in areas where neighbors have repeated noise violations and damage to their personal property. 768 If the mission of the City Council is to ensure a certain degree of peace and safety for all residents, approving the details in the RQN appeal would be a step in the right direction. It would also provide improved parameters for discussions in the SCLC and law enforcement. Thank you for your service and consideration. Respectfully, Mila Vujovich-La Barre 769 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 1:46 PM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Vujovich-LaBarre Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 770 From: Wilbanks, Megan <mwilbanks@slocity.org> Sent: Friday, October 11, 2024 2:44 PM To: kathie walker < Cc: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Sheats, Steven <ssheats@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: cc - Walker (Ongoing violations of illegal fraternities) Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and, as you included most of the appropriate staff in your correspondence, I’m adding Police Chief Rick Scott to make him aware of your concerns as well. Staff will be following up with you within two business days. BCC: Council All City Clerk’s Office City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Thursday, October 10, 2024 9:42 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Sheats, Steven <ssheats@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Marx, Jan <jmarx@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> 771 Cc: Carolyn Smith < ; Brett Cross < ; Karen Adler < ; Stewjenkins Info < ; Sandra Rowley < ; Steven Walker < ; Mila Vujovich-LaBarre < Subject: Ongoing violations of illegal fraternities not cited This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Leaders and Elected Representatives, Our family is desperate to get the illegal fraternities out of our neighborhood and I have been submitting fraternity rush events to the AskSLO app for code enforcement. People living in Monterey Heights and the S. Tassajara/Ramona neighborhoods have also reached out about illegal fraternities that are detrimentally affecting their lives. Last year there were over 60 documented illegal fraternity houses in our neighborhoods. This year there are more, as the problem is growing and spreading into other neighborhoods. It needs to be solved! Several days before Cal Poly's first weekend of fraternity rush (10/4 -10/6) I submitted to AskSLO (code enforcement) some rush events posted on social media. Cal Poly Greek life advised its fraternities not to post their addresses on social media despite each fraternity posting them on Instagram in previous years. Only a few out of 19 fraternities in the Interfraternity Council posted the addresses of their rush events on for Fall 2024. Cal Poly changed their rush policy this year and required potential new members to submit their information to Cal Poly's Greek Life office before the potential new members were personally provided with the addresses of the fraternities' events. I documented each fraternity rush event with video and/or photos as they were happening. Several fraternities also posted the events on their Instagram stories with the address or time, which correspond to each of their Instagram posts about the date, time, and address of the events. Unfortunately, most of my submissions to AskSLO were not cited. Code enforcement claims they "did not find any evidence that the property is being used as an illegal fraternity." I'm not sure how these events were overlooked because there were obvious fraternity rush parties at every one of the addresses reported at the exact date and time that I submitted to the City via AskSLO . How were these fraternity events missed when there were crowds of guys and large signs with Greek letters? If code enforcement staff was unable to confirm the rush events listed because of they don't work weekends, could the city have SLOPD verify them? Somehow, code enforcement needs to be able to document these illegal fraternity events that happen every weekend during the academic year so there needs to be a better system since these were not cited when they were blatantly obvious to any observer. Additionally, I was able to identify and document many other rush events at illegal fraternity houses during the weekend including the addresses listed at the bottom of this email. Most have been operating as illegal fraternity houses for a long time, and many are the main chapter houses for their fraternity in R-1 and R-2 residential neighborhoods, where they are not allowed. Since I know the specific addresses historically tied to each fraternity, the events weren't difficult to find because each fraternity posted its schedules with the date and time of each event. I knew the addresses from the previous years of their fraternity operations so it was simple to check those locations during the times listed on their rush schedule. The events also had crowds and Greek signage/booths in front of their houses. 772 I've attached documentation to show that the fraternities I submitted to Ask SLO hosted rush events at illegal fraternity houses. Please use this information to reconsider the violations I previously submitted to code enforcement via Ask SLO. If you need the videos, I will provide them. I will follow up with more documentation for rush events at the other addresses listed below that have not yet been submitted to AskSLO. This weekend is the final weekend of rush (10/11 - 10/13) and Monday (10/14) is "bid night" so there will be LARGE parties at all the fraternities. Then it will be a free-for-all every weekend until winter break, and start again from the new year until summer. The addresses of events that held rush events are below and SLOPD should be aware that these properties are operating as illegal fraternity houses. Each of the properties will likely hold events this weekend. The "main chapter houses" will probably host their bid night events on Monday, 10/14/2024. Please let SLOPD know so they can respond instead of sending SNAP. 1684 Mill Street (Delta Sigma Phi) MAIN CHAPTER HOUSE 281 Albert Drive (Delta Upsilon) 248-250 Grand Ave (Theta Chi) 281 Hathway Ave (Kappa Sigma) MAIN CHAPTER HOUSE 348 Hathway Ave (Phi Kappa Psi) MAIN CHAPTER HOUSE 1525 Slack St (Sigma Pi) MAIN CHAPTER HOUSE 2090 Hays (Sigma Epsilon) MAIN CHAPTER HOUSE 1218 Bond St (Alpha Sigma Phi) MAIN CHAPTER HOUSE 1229 Fredericks (Phi Gamma Delta aka FIJI) MAIN CHAPTER HOUSE 654 Graves (Zeta Beta Tau) MAIN CHAPTER HOUSE 299 Albert (Alpha Sigma Pi) 12 Hathway (Lambda Chi Alpha) 1841 Slack St (Sigma Nu) 66 Rafael (Pi Kappa Phi) MAIN CHAPTER HOUSE IN THE CITY 1820 Hope (Theta Chi) MAIN CHAPTER HOUSE 322 Hathway (Kappa Sigma) 1908 Loomis (Phi Sigma Kappa) 1276 Bond St (Phi Kappa Psi) 237 Albert Dr (Phi Kappa Psi) 124 Stenner (Sigma Pi) 171 Orange (Lambda Chi Alpha) 1646 Fredericks St (Zeta Beta Tau) 1868 Loomis (Delta Upsilon) 260 Chaplin (Phi Delta Theta) MAIN CHAPTER HOUSE 1632 Fredericks (Sigma Nu) 255 Chaplin (Alpha Sigma Phi) Sincerely, -Kathie Walker 774 From:Sandra Rowley < Sent:Tuesday, October 15, 2024 1:42 PM To:Wilbanks, Megan Subject:Re: Conditional Use Permit for Lambda Chi Alpha Thank you! On Tuesday, October 15, 2024 at 12:15:26 PM PDT, Wilbanks, Megan <mwilbanks@slocity.org> wrote: Received, redacted, and now available in the Agenda Correspondence folder. I’ll distribute to councilmembers and staff shortly. Thanks for sending it over! Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley < Sent: Tuesday, October 15, 2024 12:12 PM To: Wilbanks, Megan <mwilbanks@slocity.org> Subject: Fw: Conditional Use Permit for Lambda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ----- Forwarded Message ----- 775 From: K L Adler < To: "email@slocity.org" <email@slocity.org> Sent: Monday, October 14, 2024 at 05:01:58 PM PDT Subject: Conditional Use Permit for Lambda Chi Alpha Dear Mayor & City Council Members: As a permanent resident that lives with many student rentals in my neighborhood, I would like to encourage you to put some conditions on the the permit that is being issued to Lambda Chi Alpha on Foothill Blvd. This is NOT an entertainment hub! This is a residential neighborhood. There needs to be many conditions to this permit in order to protect the permanent residents ALREADY living in that area. RQN has sent you a detailed list of the conditions that should be added & enforced. Quality of life is very important for those residents living in that area. Noise, either from loud music, screaming students or boisterous conversations in the middle of the night are NOT conducive to a healthy life. No one is naive enough to think that a Fraternity House is a quiet abode! Cal Poly should have a Fraternity Row for the Frat houses but that is another issue! In the meantime, please don’t make a residential neighborhood sacrifice their peaceful existence to cater to the fraternity’s requests to not have to abide by already established City ordinances. Those ordinances were established for a reason! They should not be changed on a whim. If Lambda Chi Alpha wants their Fraternity house to be at that location, then they should have to abide by the ordinances that every other citizen respects! Please deny this use permit unless the conditions that RQN put forth are established. Neighborhood wellness is still at the h eart of all SLO residents. Help us protect that! Karen Adler - Chair AVNA SLO SLO Native 776 From:Wilbanks, Megan Sent:Tuesday, October 15, 2024 1:38 PM To:CityClerk Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Dietrick – Response to comments from S. Rowley Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications 777 From:Purrington, Teresa Sent:Tuesday, October 15, 2024 1:36 PM To:Sandra Rowley Cc:Dietrick, Christine Subject:FW: Reference Staff Response Importance:High Ms. Rowley, Please see the response to you email from City Attorney Christine Dietrick. This is also being included as agenda correspondence for Item 6b of the October 15, 2024 City Council meeting. Teresa Purrington City Clerk Sandy, in general the answer to your question below is primarily based on the First and Fourth Amendments to the US Constitution, as well as the broader First Amendment to the California Constitution, as interpreted by case law, which requires careful drafting of requirements that implicate the right to freedom of association, privacy in one’s home, and the right to be free from unreasonable searches and seizures. There is case law peripherally addressing the regulation of fraternities that qualifies some of these absolute rights, but it is a nuanced area of law that counsels regulatory focus on conduct, behaviors, and impacts on others, rather than on the relational or associational status of those engaged in misconduct or violations of law. More specifically, Article I, section 1 of the California Constitution provides: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” It is established that the right to privacy is fundamental in nature and encompasses “our freedom to associate with the people we choose.” (City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 130 [emphasis added].) "The right of privacy is the right to be left alone. It is a fundamental and compelling interest. It protects our homes, our families, our thoughts, our emotions, our expressions, our personalities, [and] our freedom of communion . . .” (White v. Davis (1975) 13 Cal. 3d 757, 774.) The right of privacy is an important American heritage and essential to the fundamental rights guaranteed by the First, Third, Fourth, Fifth and Ninth Amendments to the U.S. Constitution. This right should be abridged only when there is a compelling public need ....'" (Id.) In the context above, local land use regulation seeking to regulate the individuals with whom someone may reside or associate in one’s own home (i.e., “government intrusion”), absent a compelling public need, have been struck down as unconstitutional. “‘The fatal flaw in attempting to maintain a stable residential neighborhood through the use of criteria based upon biological or legal relationships is that such classifications operate to prohibit a plethora of uses which pose no threat to the accomplishment of the end sought to be achieved. . . .’” (Adamson, 27 Cal. 3d at 134.) In general, local land use regulations “are much less suspect when they focus on the use than when they command inquiry into who are the users.” (Id. at 133.). For that reason, the City attempts to regulate focused on events, activities and impacts versus the status, association or relationships of those engaging in a particular activity. Imposing a land use regulation, such as a condition to a use permit, that only allows residents o f a home to be present during certain hours, or could be read to prohibit the presence of a person in a private home based on the relationship of the person to the resident, could be subject to challenge on the ground that it impinges on one’s right to privacy, and by extension their “freedom to associate with the people [they] choose,” and is not narrowly tailored to advance a legitimate governmental interest of regulating noise and unruly conduct in residential areas, which more validly could be regulated through imposition of conditions that regulate conduct, not association. Enforcement of a condition permitting only residents of a home to be present during certain hours may also give rise to concerns related to the Fourth Amendment, which provides the right to be free from unreasonable search and seizure. In practice, the government generally does not have the right to enter a private home and demand information about its occupants or guests of residents absent probable cause and a warrant. Thus, enforcement of such a condition 778 become practically infeasible, because it would essentially require a warrant to allow government entry into a private residence for the purpose of searching/questioning persons to discern their personal and organizational associations and purpose for being present (i.e. whether having personal guests over constitutes a “meeting or event” or a protected hosting of guests in ones home. To do so, the City would either need probable cause or to get a court to issue a search/inspection warrant to allow the City to demand entry, and compel people to disclose if they live there or are a guest, and if a guest, the purpose for their presence in the home after certain hours. The better approach is simply to prohibit and enforce against conduct that disrupts a neighborhood, without need for inquiry into relationship. Christine Dietrick pronouns she/her/hers City Attorney City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E cdietrick@slocity.org T 805.781.7140 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Sandra Rowley < Sent: Saturday, October 12, 2024 9:18 PM To: McDonald, Whitney <WMcDonal@slocity.org>; Dietrick, Christine <cdietric@slocity.org> Subject: Reference Staff Response This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Whitney and Christine, I am looking for a specific citation in the California Constitution or elsewhere that supports the following comments in the Staff Report, REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024), specifically as it refers to the Staff Response on pages 518 and 519 of the staff report, which state as follows: People in private residences (e.g., residents of the fraternity) are legally allowed to gather and meet with guests without government interference into their private residences, relationships, and associations, provided that the number and conduct of those residents and guests conform to applicable regulations. Due to constitutional concerns with placing a condition that limits the type of people in private residences ( i.e., residents vs. nonresidents), Condition No. 14 was written to directly address noise concerns by identifying an extended range of hours between 10:00 p.m. and 9:00 a.m. for regular compliance with a lower exterior noise limit. Due to constitutional concerns regarding government interference into private residences, relationships, and associations, staff does not recommend adding or revising a condition 779 to limit the type of people in private residences. This appeal issue is addressed through incorporation of Condition No. 14 as well as requirements and enforcement actions detailed in Chapter 9.12 (Noise Control), Chapter 9.13 (Unruly Gatherings), and Chapter 9.22 (Safety Enhancement Zones). It would also be helpful to know 1) the context in which "government interference" is used; 2) if "type" refers to race, sex, color, creed, ethnicity, or national origin rather than a general term like non-resident; and 3) if "into their private residence" includes the outside areas. The only information I have been able to find in the California Constitution that involves the right for people to assemble, was in Article 1 Declaration of Rights, Section 3a where it says "The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good." Thank you so much for your assistance! Sandy Rowley 783 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 1:16 PM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Irion Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 784 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 1:15 PM To:Doug Irion Cc:CityClerk Subject:RE: RQN's appeal of CUP recently issued to Lamda Chi Alpha Hi Doug, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Doug Irion < Sent: Tuesday, October 15, 2024 1:12 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: RQN's appeal of CUP recently issued to Lamda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council, I live in the Monterey Heights neighborhood, which, like the Alta Vista neighborhood, is having to deal with the proliferation of satellite fraternity houses. RQN's appeal of several aspects of the Conditional Use Permit recently issued to Lamda Chi Alpha is very reasonable and will help shore up the existing permit, which is full of loopholes that seem designed to give the Fraternity myriad ways to continue disrupting neighborhoods. The SLO City Council has a responsibility to act in the best interest of San Luis Obispo. RQN's appeal helps maintain the liveability of SLO neighborhoods, and is a reasonable step in ensuring the health of the community. Without taking a stand, the liveability of the SLO neighborhoods will continue to decline and become choked with student rentals and fraternities, leading to noise disturbances, out of control partying, and an increase in trash and blight on our streets. 785 Our city suffers because property owners who rent to students are largely disinterested in maintaining the property. They are not concerned with the impact of their business model on the fabric of the community. Please support the residents who live in and maintain their homes, pay property taxes, and vote. Imagine neighborhoods without us, or tour Isla Vista, and consider how much more difficult it will be to manage the city once we've fled. Please protect our public safety and the liveability of our neighborhoods. A first step would be incorporating RQN's requests to Lamda Chi Alpha's CUP. Thank you, Doug Irion 786 From:Diepenbrock, Arlen Sent:Tuesday, October 15, 2024 1:15 PM To:Cal Poly DG President Subject:RE: Delta Gamma San Luis Obispo Fire Inspection Perfect. I put you down for 130 on Friday. Thanks Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Cal Poly DG President <dg.president.calpoly@gmail.com> Sent: Tuesday, October 15, 2024 11:27 AM To: Diepenbrock, Arlen <adiepenb@slocity.org> Cc: Salem, Rami <RSalem@slocity.org> Subject: Re: Delta Gamma San Luis Obispo Fire Inspection Hi there! Friday 1:30-5 would be perfect! Any of those times work! Thank you so much and let me know if there is anything else I need to do before you come! ITB, Anna Nuzzi, Theta Alpha-Cal Poly, San Luis Obispo Chapter President Delta Gamma Fraternity she/her/hers ( 1328 Foothill Blvd, San Luis Obispo, CA 93405 On Mon, Oct 14, 2024 at 4:34 PM Diepenbrock, Arlen <adiepenb@slocity.org> wrote: 787 I can do Tues 9-11, Thursday 9-11 3-4 or Friday 10-12 or 130-5. Arlen Diepenbrock Fire Inspector I Fire Department E adiepenb@slocity.org T 805.781.7552 C 805.503.2062 slocity.org Stay connected with the City by signing up for e-notifications From: Cal Poly DG President <dg.president.calpoly@gmail.com> Sent: Monday, October 14, 2024 4:07 PM To: Diepenbrock, Arlen <adiepenb@slocity.org> Subject: Delta Gamma San Luis Obispo Fire Inspection This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Arlen, I apologize, I had assumed my director of Chapter Property had reached out, but I wanted to confirm or schedule our fire inspection for 1328 E Foothill Blvd, San Luis Obispo. We are available anytime, thank you so much! ITB, Anna Nuzzi, Theta Alpha-Cal Poly, San Luis Obispo Chapter President 788 Delta Gamma Fraternity she/her/hers ( 1328 Foothill Blvd, San Luis Obispo, CA 93405 789 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 1:15 PM To:Doug Irion Cc:CityClerk Subject:RE: RQN's appeal of CUP recently issued to Lamda Chi Alpha Hi Doug, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Doug Irion < Sent: Tuesday, October 15, 2024 1:12 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: RQN's appeal of CUP recently issued to Lamda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Council, I live in the Monterey Heights neighborhood, which, like the Alta Vista neighborhood, is having to deal with the proliferation of satellite fraternity houses. RQN's appeal of several aspects of the Conditional Use Permit recently issued to Lamda Chi Alpha is very reasonable and will help shore up the existing permit, which is full of loopholes that seem designed to give the Fraternity myriad ways to continue disrupting neighborhoods. The SLO City Council has a responsibility to act in the best interest of San Luis Obispo. RQN's appeal helps maintain the liveability of SLO neighborhoods, and is a reasonable step in ensuring the health of the community. Without taking a stand, the liveability of the SLO neighborhoods will continue to decline and become choked with student rentals and fraternities, leading to noise disturbances, out of control partying, and an increase in trash and blight on our streets. 790 Our city suffers because property owners who rent to students are largely disinterested in maintaining the property. They are not concerned with the impact of their business model on the fabric of the community. Please support the residents who live in and maintain their homes, pay property taxes, and vote. Imagine neighborhoods without us, or tour Isla Vista, and consider how much more difficult it will be to manage the city once we've fled. Please protect our public safety and the liveability of our neighborhoods. A first step would be incorporating RQN's requests to Lamda Chi Alpha's CUP. Thank you, Doug Irion 796 From:Wilbanks, Megan Sent:Tuesday, October 15, 2024 12:53 PM To:CityClerk Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/24 City Council Meeting Staff Agenda Correspondence Attachments:Item 6b. Tway, Hanh - Staff Agenda Correspondence.pdf Mayor & Council, Attached, and linked below, is staff agenda correspondence for the October 15th City Council Regular Meeting. Item 6b. Review of an Appeal of the Planning Commission's Decision to Approve a Conditional Use Permit to Establish a Fraternity (USE-0331-2023, APPL-0365-2024) Tway, Hanh – Staff Agenda Correspondence Bcc: Council & Agenda Correspondence Group Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications City of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: October 15, 2024 TO: Mayor and Council FROM: Timmi Tway, Community Development Director Hannah Hanh, Associate Planner VIA: Whitney McDonald, City Manager SUBJECT: ITEM # 6b – REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365- 2024) This memorandum provides City staff’s responses, shown in italics, to questions and issue areas raised from the City Council and members of the public related to Item #6b. 1) What is a Conditional Use Permit? Are fraternities and sororities required to obtain Conditional Use Permit approval? A Conditional Use Permit is required for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and its surroundings cannot be determined without discretionary review and consideration of the site context. A Conditional Use Permit allows flexibility in providing for, regulating, or preventing particular uses so they will be compatible with existing or desired conditions in their neighborhoods or zones. Approval of a Conditional Use Permit is required for certain uses so that their potentially detrimental effects can be reduced or avoided and potential conflicts in land use can be prevented. Fraternities and sororities are only allowed in the Medium-High Density (R-3) and High Density (R-4) residential zones with approval of a Conditional Use Permit. 2) How is the maximum number of people determined for routine gatherings and meetings for fraternities/sororities? Section 17.86.130(A) of the Zoning Regulations states that the maximum number of persons allowed onsite for routine meetings and gatherings shall not exceed the limit established by the applicable Conditional Use Permit. Prior approvals of Conditional Use Permits to establish fraternities/sororities have limited the number of people onsite for routine meetings and gatherings to 1.5 times the number of average population density. This calculation takes into consideration the number of residents, areas inside buildings, and number of parking spaces available in the vicinity. Item 6b. Review of Appeal (APPL-0365-2024) Page 2 Per Table 4 (Residential Population Assumptions) of the Land Use Element (LUE), the High Density Residential (HDR) land use designation, which corresponds to the R-4 zone where fraternities may be permitted, has an average population density of 55 people per acre. The project site at E. Foothill Blvd. and Monte Vista Pl. is approximately 0.58-acre in size, which results in an average of 32 people (rounded up from 31.9) for the property. Based on this past practice, the maximum number of people for routine meetings and gatherings for this fraternity would be 48 people (32 people x 1.5) (Condition No. 5). 3) The following statement is requested as an additional condition for all Conditional Use Permit approvals for fraternities/sororities: “Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit.” Would any conflict be introduced if this statement is added as a condition? Condition No. 3 states the Conditional Use Permit shall be re-reviewed by the Planning Commission if a complaint containing information and/or evidence to support a conclusion that a violation of the conditions or City Ordinances or regulations, which are intended to protect the health, safety, and welfare of the general public, has occurred. Section 17.02.050 (General Relationship to Other Regulations) also states that any uses authorized by Title 17 (Zoning Regulations) must comply with all other applicable regulations and requirements imposed by the State and relevant Federal agencies, including application of the more restrictive provision if a conflict occurs between different provisions from different agencies. While incorporation of Condition No. 3 and implementation of requirements in Section 17.02.050 (General Relationship to Other Regulations) would address this request, it is within the City Council’s purview to add this statement as a condition to provide additional clarity on the grounds for re-review of a Conditional Use Permit. 4) Are special events allowed to exceed exterior noise limits established in Chapter 9.12 (Noise Control)? Section 9.12.100 (Exceptions) of Chapter 9.12 (Noise Control) provides an application process that allows applicants to request exceptions from the exterior limits in the Noise Ordinance. Any requested exceptions would be reviewed as part of a special event permit in accordance with Section 17.86.260(B)(5) (Other Temporary or Intermittent Uses and Special Events) and Chapter 17.108 (Director’s Action). Please note that this is a separate application from the Conditional Use Permit that allows staff to review special event requests and any associated exceptions on a case-by-case basis. Item 6b. Review of Appeal (APPL-0365-2024) Page 3 The noise control officer (e.g., Community Development Director) would review the request and may only grant exceptions from the provisions of Chapter 9.12 (Noise Control), if deemed appropriate. Approval of a special event permit with requested noise exceptions is subject to requirements, outlined in Section 17.108.040 (Director’s Action – Required Findings) and Section 9.12.100(A) (Noise Control – Special Exceptions), in order to provide for adequate consideration of, and measures to address, any adverse impact on the public health, safety, and welfare of those in the vicinity. If the Community Development Director determines that the strict findings outlined in Section 9.12.100(A)(3) cannot be made, then the application would be denied. It should be noted that staff cannot recall an instance where an exception to the Noise Ordinance was granted by the Community Development Director through a special event permit. 5) Can special event permits allow more than 48 people after 10:00 p.m.? As proposed, does the Conditional Use Permit allow more than 48 people after 10:00 p.m.? Condition No. 5 limits the number of people for routine meetings and gatherings to 48 people at all times. If the fraternity is requesting to host a special event involving more than 48 people, then a separate special event permit is required to be submitted for review and approval by the Community Development Director prior to the event occurring. 6) Should code requirements in the Municipal Code be included as conditions of approval in Conditional Use Permits for fraternities and sororities? Several older permits have code requirements listed as conditions of approval. There are several reasons why including Municipal Code regulations as conditions of approval is not considered best practice. First, Municipal Code regulations change over time, and Conditional Use Permits can be in effect for decades. In the interest of not creating a Conditional Use Permit that is in direct conflict with current Municipal Code regulations, it is generally not best practice to reiterate code standards in the Conditional Use Permit. Additionally, it can be confusing to future parties if some, but not all, relevant code sections are reiterated in the Conditional Use Permit. In general, conditions in Conditional Use Permits are meant to be more restrictive than the existing Municipal Code regulations, and are generally not used for reiteration of otherwise already applicable codes. If the City Council wishes to incorporate existing Municipal Code regulations into the Conditional Use Permit, staff recommends referencing the regulations/code sections in a separate section, but not reiterating them as conditions in the permit. Item 6b. Review of Appeal (APPL-0365-2024) Page 4 7) The Appellant is requesting a threshold be established to require re-review by the Planning Commission, if a certain number of violations is received within the specified timeframe. Please confirm whether Condition No. 3, as proposed, allows staff to refer the Use Permit for re-review upon receipt of one violation. Yes – Condition No. 3 states the Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints supporting a conclusion that a violation of the Conditional Use Permit, City ordinances and/or regulations, and/or Police resources has occurred. 8) Does the Conditional Use Permit run with the land or the applicant? What happens to the Use Permit if property ownership changes over time? Per Section 17.110.090 (Permit to Run with the Land), approval of a Conditional Use Permit runs with the land (not the applicant). If there is a change in property ownership, the Use Permit would only continue to be valid if the use is operated in the same area, configuration, and manner as it was previously approved and has not ceased operation for a continuous period of one year. In addition, Condition No. 2 states the Community Development Director would determine whether the use is in compliance with the conditions, as approved, or if a modification to the Use Permit is required upon the change in ownership. If a modification is determined to be required, then the Conditional Use Permit would be brought back to the Planning Commission for re-review. At that time, conditions of approval may be added, modified, and/or removed to accommodate the updated project description of the use. 9) Comments were received expressing concern about the Director of Community Development allowing exceptions to the noise ordinance through the special event process. The Municipal Code does allow the noise control officer to approve exceptions to the Noise Ordinance (see staff’s response to question 4 above). The City Council could amend the Conditional Use Permit, including Conditions No. 14 and 16, to state that no exceptions to the Noise Ordinance shall be granted to this property operating under the Conditional Use Permit. Item 6b. Review of Appeal (APPL-0365-2024) Page 5 10) Several comments were received regarding the inclusion of a condition that would establish an automatic threshold to trigger Planning Commission review for multiple violations. Comments were received noting that staff has not acted on a written complaint received for a fraternity that has violated their Conditional Use Permit. The Planning Commission approved Conditional Use Permit, as currently written, addresses this concern. However, the City Council could amend Condition No. 3 to include a specific trigger for review. The current language attempts to balance responsiveness to written complaints about verified violations with the available resources to address all code enforcement issues that impact the community. The assertions that no action has been taken on the Conditional Use Permit for which a written complaint has been received is not true. Upon receipt of this written complaint, staff worked to verify the complaints and began the code enforcement process to gain compliance. In addition, staff reached out to the property owner, manager, and fraternity in question to discuss the written complaint and explain the process involved in taking the Conditional Use Permit to Planning Commission for review. It is true that this process took several months to make contact with the fraternity in question as members of the fraternity were out of town and not available during the summer months. Staff required a meeting with the fraternity leadership once they returned in September and the item will be heard by the Planning Commission in November or early December of this year. 11) Several comments and questions were received related to the request to change or amend various conditions of approval. The City Council can add, remove, or amend any of the conditions of approval to address concerns that the Council does not find to be adequately addressed in the currently approved Conditional Use Permit or to strengthen the language of the Conditional Use Permit for clarity. Staff continues to recommend against any conditions that would restrict the type of persons (e.g., residents vs. non-residents) on the site. 798 From:Wilbanks, Megan Sent:Tuesday, October 15, 2024 12:15 PM To:Sandra Rowley Subject:RE: Conditional Use Permit for Lambda Chi Alpha Received, redacted, and now available in the Agenda Correspondence folder. I’ll distribute to councilmembers and staff shortly. Thanks for sending it over! Megan Wilbanks Deputy City Clerk City Administration 990 Palm, San Luis Obispo, CA 93401-3249 E mwilbank@slocity.org T 805.781.7103 slocity.org Stay connected with the City by signing up for e-notifications From: Sandra Rowley <macsar99@yahoo.com> Sent: Tuesday, October 15, 2024 12:12 PM To: Wilbanks, Megan <mwilbanks@slocity.org> Subject: Fw: Conditional Use Permit for Lambda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ----- Forwarded Message ----- From: K L Adler < To: "email@slocity.org" <email@slocity.org> Sent: Monday, October 14, 2024 at 05:01:58 PM PDT Subject: Conditional Use Permit for Lambda Chi Alpha Dear Mayor & City Council Members: As a permanent resident that lives with many student rentals in my neighborhood, I would like to encourage you to put some conditions on the the permit that is being issued to Lambda Chi Alpha on Foothill Blvd. This is NOT an entertainment hub! This is a residential neighborhood. There needs to be many conditions to this permit in order to protect the permanent residents ALREADY living in that area. RQN has sent you a detailed list of the conditions that should be added & enforced. Quality of life is very important for those residents living in that area. Noise, either from loud music, screaming students or boisterous conversations in the middle of the night are NOT conducive to a healthy life. No one is naive enough to think that a Fraternity House is a quiet abode! Cal Poly should have a Fraternity Row for the Frat houses but that is another issue! In the meantime, please don’t make a residential neighborhood sacrifice their peaceful existence to cater to the fraternity’s requests to not have to abide by already established City ordinances. Those ordinances were established for a reason! They should not be changed on a whim. If Lambda Chi Alpha wants their Fraternity house to be at that location, then they should have to abide by the ordinances that every other citizen respects! 799 Please deny this use permit unless the conditions that RQN put forth are established. Neighborhood wellness is still at the h eart of all SLO residents. Help us protect that! Karen Adler - Chair AVNA SLO Native 806 From:Tway, Timothea (Timmi) Sent:Tuesday, October 15, 2024 11:52 AM To:Mezzapesa, John Subject:RE: cc - Walker (Ongoing violations of illegal fraternities) Hi John, Will you be able to get an email drafted today? Thanks! Timmi From: Wilbanks, Megan <mwilbanks@slocity.org> Sent: Friday, October 11, 2024 2:44 PM To: kathie walker <kathiewalkerslo@gmail.com> Cc: Scott, Rick <rscott@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Sheats, Steven <ssheats@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Subject: cc - Walker (Ongoing violations of illegal fraternities) Kathie Walker, Thank you for taking the time to contact the City Council on this issue. The City Council has received your concerns and, as you included most of the appropriate staff in your correspondence, I’m adding Police Chief Rick Scott to make him aware of your concerns as well. Staff will be following up with you within two business days. BCC: Council All City Clerk’s Office 807 City Administration City Clerk's Office 990 Palm Street, San Luis Obispo, CA 93401-3218 From: kathie walker < Sent: Thursday, October 10, 2024 9:42 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>; Sheats, Steven <ssheats@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Marx, Jan <jmarx@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Cc: Carolyn Smith < ; Brett Cross < ; Karen Adler < ; Stewjenkins Info < ; Sandra Rowley < ; Steven Walker < ; Mila Vujovich-LaBarre < Subject: Ongoing violations of illegal fraternities not cited This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. City Leaders and Elected Representatives, Our family is desperate to get the illegal fraternities out of our neighborhood and I have been submitting fraternity rush events to the AskSLO app for code enforcement. People living in Monterey Heights and the S. Tassajara/Ramona neighborhoods have also reached out about illegal fraternities that are detrimentally affecting their lives. Last year there were over 60 documented illegal fraternity houses in our neighborhoods. This year there are more, as the problem is growing and spreading into other neighborhoods. It needs to be solved! Several days before Cal Poly's first weekend of fraternity rush (10/4 -10/6) I submitted to AskSLO (code enforcement) some rush events posted on social media. Cal Poly Greek life advised its fraternities not to post their addresses on social media despite each fraternity posting them on Instagram in previous years. Only a few out of 19 fraternities in the Interfraternity Council posted the addresses of their rush events on for Fall 2024. Cal Poly changed their rush policy this year and required potential new members to submit their information to Cal Poly's Greek Life office before the potential new members were personally provided with the addresses of the fraternities' events. I documented each fraternity rush event with video and/or photos as they were happening. Several fraternities also posted the events on their Instagram stories with the address or time, which correspond to each of their Instagram posts about the date, time, and address of the events. Unfortunately, most of my submissions to AskSLO were not cited. Code enforcement claims they "did not find any evidence that the property is being used as an illegal fraternity." I'm not sure how these events were overlooked because there were obvious fraternity rush parties at every one of the addresses reported at the exact date and time that I submitted to the City via AskSLO . How were these fraternity events missed when there were crowds of guys and large signs with Greek letters? If code enforcement staff was unable to confirm the rush events listed because of they don't work weekends, could the city have SLOPD verify them? Somehow, code enforcement needs to be able to document these illegal fraternity events that happen every weekend during the academic year so there needs to be a better system since these were not cited when they were blatantly obvious to any observer. Additionally, I was able to identify and document many other rush events at illegal fraternity houses during the weekend including the addresses listed at the bottom of this email. Most have been operating as illegal 808 fraternity houses for a long time, and many are the main chapter houses for their fraternity in R-1 and R-2 residential neighborhoods, where they are not allowed. Since I know the specific addresses historically tied to each fraternity, the events weren't difficult to find because each fraternity posted its schedules with the date and time of each event. I knew the addresses from the previous years of their fraternity operations so it was simple to check those locations during the times listed on their rush schedule. The events also had crowds and Greek signage/booths in front of their houses. I've attached documentation to show that the fraternities I submitted to Ask SLO hosted rush events at illegal fraternity houses. Please use this information to reconsider the violations I previously submitted to code enforcement via Ask SLO. If you need the videos, I will provide them. I will follow up with more documentation for rush events at the other addresses listed below that have not yet been submitted to AskSLO. This weekend is the final weekend of rush (10/11 - 10/13) and Monday (10/14) is "bid night" so there will be LARGE parties at all the fraternities. Then it will be a free-for-all every weekend until winter break, and start again from the new year until summer. The addresses of events that held rush events are below and SLOPD should be aware that these properties are operating as illegal fraternity houses. Each of the properties will likely hold events this weekend. The "main chapter houses" will probably host their bid night events on Monday, 10/14/2024. Please let SLOPD know so they can respond instead of sending SNAP. 1684 Mill Street (Delta Sigma Phi) MAIN CHAPTER HOUSE 281 Albert Drive (Delta Upsilon) 248-250 Grand Ave (Theta Chi) 281 Hathway Ave (Kappa Sigma) MAIN CHAPTER HOUSE 348 Hathway Ave (Phi Kappa Psi) MAIN CHAPTER HOUSE 1525 Slack St (Sigma Pi) MAIN CHAPTER HOUSE 2090 Hays (Sigma Epsilon) MAIN CHAPTER HOUSE 1218 Bond St (Alpha Sigma Phi) MAIN CHAPTER HOUSE 1229 Fredericks (Phi Gamma Delta aka FIJI) MAIN CHAPTER HOUSE 654 Graves (Zeta Beta Tau) MAIN CHAPTER HOUSE 299 Albert (Alpha Sigma Pi) 12 Hathway (Lambda Chi Alpha) 1841 Slack St (Sigma Nu) 66 Rafael (Pi Kappa Phi) MAIN CHAPTER HOUSE IN THE CITY 1820 Hope (Theta Chi) MAIN CHAPTER HOUSE 322 Hathway (Kappa Sigma) 1908 Loomis (Phi Sigma Kappa) 1276 Bond St (Phi Kappa Psi) 237 Albert Dr (Phi Kappa Psi) 124 Stenner (Sigma Pi) 171 Orange (Lambda Chi Alpha) 1646 Fredericks St (Zeta Beta Tau) 1868 Loomis (Delta Upsilon) 260 Chaplin (Phi Delta Theta) MAIN CHAPTER HOUSE 1632 Fredericks (Sigma Nu) 255 Chaplin (Alpha Sigma Phi) 809 Sincerely, -Kathie Walker 810 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 11:36 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Cross Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 811 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 11:34 AM To:Brett Cross Cc:CityClerk Subject:RE: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) Hi Brett, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Brett Cross < Sent: Tuesday, October 15, 2024 11:30 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council members, I'd like you to think about a couple of things before tonight's meeting about the appeal. "As conditioned, the establishment and subsequent operation or conduct of the project will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use..." Substitute the word "Wellness" or "Wellbeing" for welfare because that's really what is meant. So, even with the conditions will the use be detrimental to the wellness or wellbeing of persons who live or work in the neighborhood. There are issues with events that allow up to 100 people on site. Where do they park? How do they get there?. What impacts do they have after leaving the event to nearby residents? 812 As conditioned, is it probable that "special events" would be allowed by the Community Development Director that would violate the City's existing noise regulations? That needs to be answered. And if nearby residents object, what is there a cost to appeal the special event permit? The staff report makes mention of the other fraternity and sororities in the area. The staff report doesn't mention the impacts that these are already having on the nearby residents. There should be a real question as to whether or not even approving new fraternity uses should be considered in this area due to an over concentration. Or even in the City due to problems associated with the use that seemingly cannot be mitigated even with conditions. I think you've been made aware that the Planning Commission denied a Use Permit a long time ago due to impacts that were being caused by Fraternity uses that they believed couldn't be mitigated even with conditions. Lastly, there is one very interesting inconsistency in the staff evaluation and that is, on one hand staff is saying that the number of guests cannot be regulated and on the other hand the conditions of approval regulate the number of persons for meetings or "special events". I don't get it. I hope really consider the wellbeing and wellness of the surrounding residents and the impacts a fraternity can have on that wellbeing. Sincerey Brett Cross Laguna Lake Neighborhood San Luis Obispo 816 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 10:37 AM To:Leveille, Brian Subject:RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Haha - I made a mistake yesterday so any input is ALWAYS welcome! I hope your Tuesday evening is better than ours! 뇤눎눐눑눒눏 Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Leveille, Brian <bleveill@slocity.org> Sent: Tuesday, October 15, 2024 10:34 AM To: Colunga-Lopez, Andrea <AColunga@slocity.org> Subject: RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Well I should have known you didn’t make a mistake! I don’t even know how you guys keep up with all this! Good luck getting through this Council day. -Brian From: Colunga-Lopez, Andrea <AColunga@slocity.org> Sent: Tuesday, October 15, 2024 10:31 AM To: Leveille, Brian <bleveill@slocity.org> Subject: RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Hi Brian, Yes, we have received one comment for Item 5g and it is housed in the same folder for all Agenda Correspondence received for tonight’s meeting. Thank you! 뇤눎눐눑눒눏 Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II 817 City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Leveille, Brian <bleveill@slocity.org> Sent: Tuesday, October 15, 2024 10:23 AM To: Colunga-Lopez, Andrea <AColunga@slocity.org> Subject: RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Hi Andrea, Just a heads up. There is correspondence from Item 5g in there under PH item 6. -Brian From: Colunga-Lopez, Andrea <AColunga@slocity.org> Sent: Tuesday, October 15, 2024 10:05 AM Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Schmidt Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 823 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 10:05 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Schmidt Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 825 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 10:04 AM To:Richard Schmidt Cc:CityClerk Subject:RE: Item 6b -- appeal of fraternity conditions Hi Richard, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Richard Schmidt < Sent: Tuesday, October 15, 2024 9:59 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b -- appeal of fraternity conditions This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Council, Please support the appeal and see to it that reasonable conditions that assure neighborhood peace, quiet and healthfulness are applied to this permit. The site is not in an entertainment district where 24/7 disturbances might be appropriate. It is in a residential zone where people live. In fact, the high density surroundings mean that many more people will have their lives, peace, and health impacted by what this permit allows. Creating a deleterious neighborhood atmosphere like this permit would create doubtless helps drive students out of high density areas and into our neighborhoods. I served eight years on the Planning Commission, and in that time no permit this weird was ever brought to us, and had it been, it would have been swatted down instantly. I don't understand what's happened to our city's previous determination to protect the masses from unruly privileged minorities like frats. Please support this appeal. Richard Schmidt 830 From:Pease, Andy Sent:Tuesday, October 15, 2024 9:07 AM To:Steven Walker Subject:RE: 6.b. Appeal for a Fraternity CUP at 1264 Foothill Steve – Thank you for your remarks and suggestions. I appreciate the feedback based on your experiences and will take these into consideration this evening. Andy Andy Pease pronouns she/her/hers Vice Mayor Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E apease@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Steven Walker < Sent: Saturday, October 12, 2024 2:56 PM To: Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Subject: 6.b. Appeal for a Fraternity CUP at 1264 Foothill This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Councilmembers, I must respond to the City staff’s report, beginning with Appeal Issue Number 4. City staff says that setting a threshold of violations within a certain timeframe that triggers a review of the CUP by the Planning Commission somehow prohibits staff from referring the CUP to the Planning Condition for re-review upon receipt of any substantiated violation or frequency of violations. 831 I’ve read the appeal, and nothing is suggested to prevent staff from referring the CUP to the Planning Commission at any time if a provision is added for a threshold of violations that trigger a review. It could be two violations in six months or four violations in twelve months. These are not permissive or excusable but require some form of action when the threshold of violations is met. It makes the condition more effective. Here are the historical facts: 1. Every fraternity CUP currently has multiple documented violations of its conditions. 2. Despite these multiple violations, city staff, including those listed in Condition 3 (Code Enforcement Officer, Fire Department, or Police Department) have never written a complaint against a CUP for re-review by the Planning Commission. It seems the responsibility for writing a complaint is left to the residents, if you leave the condition as it is, without a trigger for review. 3. Many residents are afraid to file a written complaint because of potential retaliation from fraternity members. This is a realistic fear because several residents have had their property vandalized or faced other repercussions when fraternity members suspected their neighbor called SLOPD to report a noisy party. One neighbor had their car vandalized and others have been cussed out by fraternity members after noise citations were issued to fraternities near their homes. An unofficial fraternity house for Sigma Pi moved in next door to our family and members began cyberstalking my wife 24 hours after they received a noise citation for a noisy party, and I was away at work. Among other things, they posted ads on Craigslist advertising “free” items at our house and made appointments for people to come to our home. For months afterward, they incessantly teased and harassed our dog, yelled “F#ck you!” toward our home randomly, day and night from a side deck adjacent to our bedrooms and kitchen, banged on trash bins filled with empty bottles for several minutes in the middle of the night after moving them close to our bedroom windows, and can be heard admitting it was done to harass us. We have the video. Our property was also vandalized. Nearly a year after the fraternity members moved out, someone related to the fraternity trespassed onto our property, walked up to our bedroom window, called out my wife’s name, then walked away. Afterward, they are seen and heard on our video surveillance saying they “are friends with the Sigma Pi guys who lived here last year.” Our home address was repeatedly posted on social media, for example, advertising a party at 5 a.m. on St. Fratty’s Day at our address. There are too many incidents to list and the harassment has continued, even though the fraternity members moved out in June 2023. The repercussions experienced by our family and our neighbors were based on suspicions by fraternity members because of the fraternity's proximity to their neighbors. There was no way for the fraternity members to know positively that we, or our neighbors, called SLOPD but their suspicions drove them to take these actions. For these reasons, it is not reasonable to rely on a written complaint by a resident against a fraternity’s CUP. 4. I wrote a complaint for repeated violations of a fraternity’s CUP, and no action was taken. A fraternity with a CUP is located a block from my home, at the end of my street. There are constant noisy parties with hundreds of guests at the fraternity. My wife and I have spoken to the fraternity members several times during noisy parties. In the nine months between 3/18/2023 and 12/3/2023, SLOPD issued six noise citations to the fraternity, including two unruly gatherings 832 with hundreds of people. On 2/5/2024, I submitted a written complaint to Community Development Director, Timmi Tway. It has been over eight months, and the written complaint has not been forwarded to the Planning Commission. (!!!) Community Development did not contact the fraternity about the complaint filed on 2/5/2024 and the fraternity continued to have large, noisy parties. Between 2/10/2024 and 6/8/2024, SLOPD issued five more noise citations to the fraternity, some with 100 people. We filed another written complaint on 6/3/2024 citing four additional citations since the previous written complaint made on 2/5/2024. Neither written complaint has been forwarded to the Planning Commission. Within that time frame, several Planning Commission meetings were canceled because there was nothing on their agenda. Community Development should have taken care of the matter soon after the first written complaint was filed on 2/5/2024. We contacted Community Development multiple times because of the ongoing, noisy parties at the fraternity after we filed our written complaint. The city’s code enforcement supervisor, John Mezzapesa, said that the written complaint was given to Tyler Corey to handle, and he was working on it, but Mr. Corey didn’t do anything. It’s been over 8 months, and the Planning Commission has still not received my complaint(s). Let's be honest. It is not realistic to believe that Community Development will be proactive in filing a complaint and refer a fraternity to the Planning Commission for re-review, especially after one violation, as they suggest in their response. An existing CUP for a fraternity says that any written complaint will be forwarded to the Planning Commission within one week of receipt. In addition to adding a threshold for violations, I feel it is important to have a deadline in Condition 3 for forwarding a complaint to the Planning Commission after it is received. During the Planning Commission hearing on 6/12/2024, Commissioner Kahn suggested a threshold of four violations within 12 months as a trigger for review. As the city staff was drafting new conditions, Commissioner Kahn again emphasized adding that condition, and staff told him that it was already covered by Condition 3. However, there is a distinct difference between requiring a written complaint and having a threshold of violations to trigger a review of the CUP. Setting a threshold of violations of the CUP within a specified timeframe guarantees there will be a review at some point if the fraternity reaches that threshold. It does not require a written complaint from a resident, though a resident may still write a complaint. But as I’ve described, many affected residents do not feel comfortable doing so. It does not rely on Code Enforcement, Fire, or SLOPD to file a complaint, though they may still do so. But City Staff has not asked for a review of any fraternity’s CUP even though every fraternity CUP has had multiple ongoing violations for several years. It does not prevent staff from asking for a review sooner, after one violation, if they choose to do so. But realistically they will not do so considering fraternities have many ongoing violations of their CUPs and no review has ever been requested by city staff. A condition with a threshold of violations that trigger a review by the Planning Commission should be added to the CUP. It protects the health, safety, and well-being of the neighborhood and holds the fraternity responsible for the conditions of their CUP. Adding Conditions to the CUP to Make Things More Clear to the Fraternity: In response to Appeal Issue No. 1, where the appeal asks for specific conditions related to realistic problems of a fraternity use in a residential neighborhood that are listed in other fraternity CUPs, staff says that adding conditions to the CUP is not necessary because the SLOMC has had “incremental improvements” between 1983 and 2013 that directly address concerns related to noise, etc. The “improvements” include updating unrelated things like adding days to the safety enhancement zone or updating fine amounts for citations. It seems disingenuous to imply that these changes justify omitting useful conditions that are 833 included in other fraternity CUPs. Those conditions strengthen the CUP and help to clarify the conditions to the fraternity. When the other CUPs were drafted, the city also had a noise ordinance, residential occupancy requirements, etc. but the Planning Commission included certain conditions to emphasize the fraternity’s obligation to follow the noise ordinance and other laws. These added conditions outline the fraternity’s responsibility to the neighborhood and the consequences for violation of the CUP. Spelling out these specific conditions is beneficial because they clarify common issues related to a fraternity’s use, especially related to its location in a residential neighborhood. When the conditions are documented in a CUP it is less likely that there will be confusion by the fraternity about relevant laws and conditions. I brought up this issue during public comment at the Planning Commission hearing and the commissioners agreed that specifically mentioning the noise ordinance and “quiet hours” is important, even though it’s already in the city’s noise ordinance. It would also be helpful if the Community Development Department met with each fraternity at the beginning of the academic year to review the conditions in the CUPs so there is a clear understanding of the specific conditions. Special Event Permits and Violation of the City’s Noise Ordinance : In response to Appeal Issue No. 2, staff says the municipal code allows the noise control officer to grant exceptions for the fraternity to violate the noise ordinance if deemed appropriate. I don’t understand how it can ever be deemed appropriate for a fraternity to violate the noise ordinance. This is a residential neighborhood. The noise ordinance ensures that every residential neighborhood is protected from unhealthy levels of noise and allows people to rest when needed. It doesn’t make sense that there is a carve-out for a fraternity to violate the law with what the staff’s report refers to as “amplified noise-generating activity”. It is harmful to even suggest a condition that grants an exception of the law to fraternities so they can have a party or multiple parties each year in a residential neighborhood. My work schedule includes long shifts, ranging from 12.5 to 14 hours, and switches between days and nights. I also work on weekends. I depend on a quiet environment at home to sleep between my shifts. As an EMS pilot, it would be unsafe for me to work if I am not rested. It’s unbelievable to imagine that the city would allow noisy parties that would potentially disturb its neighbors and interrupt our ability to sleep. The fraternity brings in a lot of money from its members and can afford to hold larger, amplified, noisy events at a third-party venue. Cal Poly should explore the possibility of providing a venue for their Greek life organizations to hold events on campus. I’ve attended several events on campus at various facilities and they were well done, with catering and other amenities. Cal Poly needs to start taking more responsibility for its fraternities. Cal Poly has recently recruited four more fraternity chapters to its campus without housing provisions for the location of their fraternity houses. Each of those new fraternity chapters is illegally located in R-1 and R-2 neighborhoods and hosts fraternity events. Still, Cal Poly continues to recruit even more fraternity chapters to its campus and the impact of fraternity activities on our neighborhoods continues to increase. There are now 19 fraternities in the IFC and only 6 have CUPs. 834 This CUP is setting a precedent for other fraternity CUPs and there should NOT be a condition that allows fraternity parties to violate the noise ordinance in a residential neighborhood under any circumstances. Cal Poly has only been in session for a month and Lambda Chi Alpha at 1264 Foothill has already had several noise complaints and two noise citations in the past two weeks for noisy parties after 10 p.m. One of the noise citations says there were 70 people at the fraternity party. The CUP for 1264 Foothill says that occupancy is limited to 48 people unless they have a special event permit. The fraternity doesn't seem to care about the conditions in its CUP or their impact on the neighborhood. A month ago, the police log described a party in the front yard with a sign that said, "You honk, We drink". That party wasn't cited. Considering the documented issues related to fraternities in general, for the protection of the neighborhood and surrounding neighbors, and considering the fraternities’ lack of understanding of the current conditions of their CUPs and laws, I respectfully request that you uphold the appeal and add conditions to the fraternity’s CUP to make it more effective and clear for the fraternity. It also sets a precedent for future CUPs so it’s important to get it right. Thank you. Sincerely, Steve Walker 835 From:Hanh, Hannah Sent:Tuesday, October 15, 2024 8:50 AM To:Tway, Timothea (Timmi); Corey, Tyler; Cohen, Rachel Subject:RE: 10/15 CC - Fraternity Appeal Initial chart for fraternities in other jurisdictions: Notes From: Hanh, Hannah Sent: Monday, October 14, 2024 1:18 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Cohen, Rachel <rcohen@slocity.org> Subject: RE: 10/15 CC - Fraternity Appeal For your review/input, here is the very preliminary memo that I’ve started for the agenda correspondence: https://slocity. I have not finished creating the format or moved over points from agenda correspondence, but will get back into it after the admin hearing this afternoon. Thank you! From: Hanh, Hannah Sent: Friday, October 11, 2024 3:24 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Cohen, Rachel <rcohen@slocity.org> Subject: 10/15 CC - Fraternity Appeal Hi all, For your review, here is my draft presentation: 2024 10 15 CC - Appeal Sincerely, Hannah Hanh Associate Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E hhanh@slocity.org T 805.781.7432 slocity.org Stay connected with the City by signing up for e-notifications 879 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 8:11 AM To:Taylor Gilmore Cc:CityClerk Subject:RE: October 15th Council Meeting - Agenda Item 6b Hi Taylor, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Taylor Gilmore < Sent: Monday, October 14, 2024 6:51 PM To: E-mail Council Website <emailcouncil@slocity.org>; Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: October 15th Council Meeting - Agenda Item 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Council, I was born in San Luis Obispo and currently live in the Alta Vista neighborhood with my husband and our two young children. I work full-time from home and teach at Cal Poly. This neighborhood used to be a vibrant mix of students, professors, and professionals. With the substantial increase in Greek life at Cal Poly, this neighborhood has become the "Greek Row" that Cal Poly never planned for and continues to take no responsibility for. It is impossible to sleep starting on Thursday night and through the weekend due to loud fraternity parties. Noise travels because of the terrain of the neighborhood and we hear parties on Foothill even though we live several blocks away in the single-family residential area. 880 Even during the day, during the week, there have been times that I’ve had to stop working and go find the noise to respectfully ask them to quiet down since I can hear them partying through my noise cancelling headphones. Every time, it is noise from a frat house. There have also been times that my husband or I had to get out of bed at night when children can’t sleep due to a noisy party. Since non-emergency always asks for an address, we’ve had to go find the party, which is usually at a fraternity house. Since a fraternity impacts the neighborhood significantly more than a standard college rental, I agree that conditions should be added to the use permit for the Lambda Chi fraternity, as requested by the appeal. 1. Do not permit events or parties that will violate the City’s noise ordinance, amplified music, DJs or live bands. The bass component of music is especially disturbing. I've found myself feeling incredibly frustrated, trying to sleep, with the base permeating the walls. I've told my husband that it feels like Chinese water torture with the contant dripping. The bass of the music can be heard from a long distance and it even surprises me when I get up and go outside to try to find the location of the music and it doesn't seem nearly as loud outside. You really can't imagine how disruptive it is until you have lived near a fraternity. 2. Limit the number of people at the fraternity at night, after 10:00 p.m. Having 48 people in an area outside will make a lot of noise during a time when people need to sleep. Limiting occupancy to 24 people is more reasonable. Just the sound of that many people talking is loud, but when you introduce music, it is much louder. 3. Send the use permit to the Planning Commission for re-review if the fraternity has four violations of their CUP in twelve months. Absent a mandated review threshold, there would be no incentive for the fraternity to limit activities that could lead to violations. Having a threshold holds the fraternity accountable and does not prevent the city from acting sooner, if they want to do so. The mandated review is important if the violations stack up to an egregious amount, like four violations of the CUP in twelve months. 4. Noise citations and the fines for those citations should be attributed to the same address. There are six different addresses and for the purpose of the progressive fine structure for noise citations, citations against any of the six addresses should accumulate against one address. The students are smart and know how to work the system. They will rotate which address they give to responding officers to avoid penalties. 5. “Failure to comply with any of the conditions or code requirements, or the conduct of the use as so to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit.” The appeal points out that this is included in other fraternity CUPs and it seems important to have as a condition of use. As a resident who is directly impacted by the many fraternities in the neighborhoods near Cal Poly's campus, I urge this council to add these reasonable conditions to the CUP. While Cal Poly continues to increase their enrollment, that will only bring more fraternity houses. If this CUP is given without any of the above conditions, that means future fraternity house CUP will also be issued without any conditions. Since San Luis Obispo has 881 limited housing, it is only a matter of time before these frat houses are more widespread and start impacting more residents. As you are all elected to represent us residents, please consider what is in our best interest. Thank you, Taylor Gilmore 882 From:Colunga-Lopez, Andrea Sent:Tuesday, October 15, 2024 8:04 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah; La Chaine, Steve Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 5g & 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting. Item 5g FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA - Lerner Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Gilmore - Wood Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 1 From:Shoresman, Michelle Sent:Monday, October 14, 2024 8:44 PM To:Jeff Eidelman Subject:RE: Tuesday night’s meeting Thanks for the email Jeff. I will certainly take your comments into consideraƟon during the deliberaƟons tomorrow night. Michelle -----Original Message----- From: Jeff Eidelman < Sent: Monday, October 14, 2024 1:38 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Tuesday night’s meeƟng This message is from an External Source. Use cauƟon when deciding to open aƩachments, click links, or respond. ________________________________ Although I am currently not home, I want to make a few comments on the noise issues with the frat houses on the 1200 block of Foothill. Over the last year I have contacted the Police about a dozen Ɵmes for an all aŌernoon, loud raucous parƟes coming each week from this area. I live off of Kentucky and Hathway and the decibel level far exceeds 85 db according to the app on my phone. Once the police went out three Ɵmes in one day and the students aƩempted to inƟmidate the police, due to their numbers. What city staff says is an excepƟon to the rules is truly BS, pardon my French. The ciƟzens of San Luis Obispo should not have to put up with this kind of noise level and it is certainly not impinging on any students ‘rights’ to a Ʃend Cal Poly. I beg you to repudiate this ridiculous request to allow these fraterniƟes to blow us all away. How many Ɵmes, in how many years do we have to keep asking for reasonable rules and regulaƟons to have normalcy in our neighborhoods? Thank you Jeff Eidelman San Luis Obispo Sent from my iPhone, where typo's are now the rule, not the excepƟon! 2 From:Shoresman, Michelle Sent:Monday, October 14, 2024 8:22 PM To:Odile Ayral Subject:RE: Item 6b Fraternity Lambda Chi Alpha Hi Odile, I have emailed with both the Walkers about their letters and believe there are still issues, but that there is also clarification needed by staff about some of the issues that are still unclear. For instance, it is my understanding that no matter what the CUP stipulates, all properties and their residents are still bound by the municipal code. I am seeking some clarity on this and other items before the meeting tomorrow night. Thanks for writing in. Michelle From: Odile Ayral < Sent: Monday, October 14, 2024 3:11 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b Fraternity Lambda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Council Members, I sent my letter to the council before I read the letters of Steve and Karen Walker, and I want to add this post. I do hope the council reads the Walkers’ letters carefully despite their length because what has happened to them due to the presence of fraternities in their neighborhood is simply horrific. How can such things take place in our “sweet” little city? Well, they happen because Cal Poly does not care, and because the city seems to be more concerned about pleasing the university than the residents. I am one of those lucky people who has lived next door to very well-behaved students for years. Considerate, quiet and pleasant year after year, but why? Their landlord screens them and sets very clear rules. I repeat VERY CLEAR RULES. If they break them, they are out, but there has never been any need for this because they know that the owner is not joking. The city sets rules they are not planning to enforce (for example parking permit neighborhoods, two-hour parking in neighborhoods, etc., forcing the neighbors to do the police job, and facing the possibility of reprisal). When you create rules but also intend to create loopholes in these rules—as you are doing in the case of the Lambda Chi Alpha—you might as well not have any rules at all. You might as well say in words that you don’t care about the families who live in this city because your actions are saying it. Please, walk in your neighbors’ shoes for the time it will take to read the Walkers’ letters, and make sure that regulations (noise and others) are enforced, that breaking these regulations will not be tolerated and will have consequences. Thank you. Odile Ayral 3 From:Shoresman, Michelle Sent:Monday, October 14, 2024 7:17 PM To:Taylor Gilmore Subject:Re: October 15th Council Meeting - Agenda Item 6b Hi Taylor, Thanks for the email. As I have told some residents that have written in, I believe there is a misunderstanding between staff and residents about what will be allowed under the CUP and what won’t. If you have time, take a look at the staff report and that might explain some things. But I do plan to ask some further questions of staff during deliberations to make sure my understanding of the measures in the CUP that protect residents from noise are correct. Also, just to be clear, the item tomorrow night is just related to one particular CUP, for one property. Not for CUPs at frat houses in general. Just want to be clear about that. Thank you again, for writing in, Michelle From: Taylor Gilmore < Sent: Monday, October 14, 2024 6:51:05 PM To: E-mail Council Website <emailcouncil@slocity.org>; Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Pease, Andy <apease@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Subject: October 15th Council Meeting - Agenda Item 6b This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Council, I was born in San Luis Obispo and currently live in the Alta Vista neighborhood with my husband and our two young children. I work full-time from home and teach at Cal Poly. This neighborhood used to be a vibrant mix of students, professors, and professionals. With the substantial increase in Greek life at Cal Poly, this neighborhood has become the "Greek Row" that Cal Poly never planned for and continues to take no responsibility for. It is impossible to sleep starting on Thursday night and through the weekend due to loud fraternity parties. Noise travels because of the terrain of the neighborhood and we hear parties on Foothill even though we live several blocks away in the single-family residential area. Even during the day, during the week, there have been times that I’ve had to stop working and go find the noise to respectfully ask them to quiet down since I can hear them partying through my noise cancelling headphones. 4 Every time, it is noise from a frat house. There have also been times that my husband or I had to get out of bed at night when children can’t sleep due to a noisy party. Since non-emergency always asks for an address, we’ve had to go find the party, which is usually at a fraternity house. Since a fraternity impacts the neighborhood significantly more than a standard college rental, I agree that conditions should be added to the use permit for the Lambda Chi fraternity, as requested by the appeal. 1. Do not permit events or parties that will violate the City’s noise ordinance, amplified music, DJs or live bands. The bass component of music is especially disturbing. I've found myself feeling incredibly frustrated, trying to sleep, with the base permeating the walls. I've told my husband that it feels like Chinese water torture with the contant dripping. The bass of the music can be heard from a long distance and it even surprises me when I get up and go outside to try to find the location of the music and it doesn't seem nearly as loud outside. You really can't imagine how disruptive it is until you have lived near a fraternity. 2. Limit the number of people at the fraternity at night, after 10:00 p.m. Having 48 people in an area outside will make a lot of noise during a time when people need to sleep. Limiting occupancy to 24 people is more reasonable. Just the sound of that many people talking is loud, but when you introduce music, it is much louder. 3. Send the use permit to the Planning Commission for re-review if the fraternity has four violations of their CUP in twelve months. Absent a mandated review threshold, there would be no incentive for the fraternity to limit activities that could lead to violations. Having a threshold holds the fraternity accountable and does not prevent the city from acting sooner, if they want to do so. The mandated review is important if the violations stack up to an egregious amount, like four violations of the CUP in twelve months. 4. Noise citations and the fines for those citations should be attributed to the same address. There are six different addresses and for the purpose of the progressive fine structure for noise citations, citations against any of the six addresses should accumulate against one address. The students are smart and know how to work the system. They will rotate which address they give to responding officers to avoid penalties. 5. “Failure to comply with any of the conditions or code requirements, or the conduct of the use as so to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit.” The appeal points out that this is included in other fraternity CUPs and it seems important to have as a condition of use. As a resident who is directly impacted by the many fraternities in the neighborhoods near Cal Poly's campus, I urge this council to add these reasonable conditions to the CUP. While Cal Poly continues to increase their enrollment, that will only bring more fraternity houses. If this CUP is given without any of the above conditions, that means future fraternity house CUP will also be issued without any conditions. Since San Luis Obispo has limited housing, it is only a matter of time before these frat houses are more widespread and start impacting more residents. As you are all elected to represent us residents, please consider what is in our best interest. 5 Thank you, Taylor Gilmore 8 From:Hopkins, Tiffany Sent:Monday, October 14, 2024 6:35 PM To:Amoroso, Brian; Scott, Rick Subject:Fwd: Agenda Items Get Outlook for iOS From: M Parker < Sent: Monday, October 14, 2024 5:23:47 PM To: Hopkins, Tiffany <thopkins@slocity.org> Subject: Re: Agenda Items This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Are there ideas or solutions for party control with fraternities in neighborhoods. MNP On Mon, Oct 14, 2024 at 1:00 PM Hopkins, Tiffany <thopkins@slocity.org> wrote: Hi Everyone, Thanks for getting me your lunch requests. Nearly forgot about the agenda! Please send agenda items TODAY at your earliest convenience. Again, I will not be in the office after today, so this is the only agenda call. Thank you! Tiff Tiffany Hopkins Executive Assistant to the Police Chief Police Department 9 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E thopkins@slocity.org T 805.781.7020 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re- transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 14 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 3:18 PM To:Odile Ayral Cc:CityClerk Subject:RE: Item 6b Fraternity Lambda Chi Alpha Hi Odile, Thank you for your additional input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Odile Ayral < Sent: Monday, October 14, 2024 3:11 PM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b Fraternity Lambda Chi Alpha This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Council Members, I sent my letter to the council before I read the letters of Steve and Karen Walker, and I want to add this post. I do hope the council reads the Walkers’ letters carefully despite their length because what has happened to them due to the presence of fraternities in their neighborhood is simply horrific. How can such things take place in our “sweet” little city? Well, they happen because Cal Poly does not care, and because the city seems to be more concerned about pleasing the university than the residents. I am one of those lucky people who has lived next door to very well-behaved students for years. Considerate, quiet and pleasant year after year, but why? Their landlord screens them and sets very clear rules. I repeat VERY CLEAR RULES. If they break them, they are out, but there has never been any need for this because they know that the owner is not joking. The city sets rules they are not planning to enforce (for example parking permit neighborhoods, two-hour parking in neighborhoods, etc., forcing the neighbors to do the police job, and facing the possibility of reprisal). When you create 15 rules but also intend to create loopholes in these rules—as you are doing in the case of the Lambda Chi Alpha—you might as well not have any rules at all. You might as well say in words that you don’t care about the families who live in this city because your actions are saying it. Please, walk in your neighbors’ shoes for the time it will take to read the Walkers’ letters, and make sure that regulations (noise and others) are enforced, that breaking these regulations will not be tolerated and will have consequences. Thank you. Odile Ayral 16 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 3:18 PM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Ayral (2) Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 18 From:Tway, Timothea (Timmi) Sent:Monday, October 14, 2024 2:15 PM To:Scott, Rick Cc:Corey, Tyler; Hanh, Hannah Subject:RE: Council meeting on Tuesday Night - CUP appeal Thank you, Rick! I appreciate your assistance. Thanks, Timmi From: Scott, Rick <rscott@slocity.org> Sent: Monday, October 14, 2024 2:01 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Corey, Tyler <tcorey@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: RE: Council meeting on Tuesday Night - CUP appeal I will be there Timmi. I am happy to provide generic answers on noise enforcement, but am not able to go publicly into location histories or enforcement actions. Happy to assist where I can. Thank you, Rick From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Thursday, October 10, 2024 4:20 PM To: Scott, Rick <rscott@slocity.org> Cc: Corey, Tyler <tcorey@slocity.org>; Hanh, Hannah <hhanh@slocity.org> Subject: Council meeting on Tuesday Night - CUP appeal Hi Chief Scott, We have an item at council on Tuesday night that is an appeal of a CUP for a fraternity use. Hannah is the project planner and has reached out to Christine Wallace to see if she can be at Council, but she is going to be at a conference. Is there someone else from your department that may already be a Council or can attend for this item in case police related enforcement questions arise? We want to be able to provide the City perspective on enforcement (both code enforcement and Police enforcement) if issues/accusations arise during this discussion, Please let me know what you think, and thank you in advance! Timothea (Timmi) Tway Director of Community Development 19 Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 21 From:Tway, Timothea (Timmi) Sent:Monday, October 14, 2024 11:35 AM To:Corey, Tyler; Hanh, Hannah Subject:FW: 6b From: Dietrick, Christine <cdietric@slocity.org> Sent: Monday, October 14, 2024 11:33 AM To: Marx, Jan <jmarx@slocity.org>; McDonald, Whitney <WMcDonal@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: 6b Thanks Jan, that issue has been discussed with them and clarification provided in writing and as reflected in the staff report, but I am sure it will be highlighted again for collective clarity at the meeting. Best, Christine Christine Dietrick pronouns she/her/hers City Attorney City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E cdietrick@slocity.org T 805.781.7140 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From: Marx, Jan <jmarx@slocity.org> Sent: Monday, October 14, 2024 10:17 AM To: McDonald, Whitney <WMcDonal@slocity.org>; Dietrick, Christine <cdietric@slocity.org> 22 Cc: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: 6b Hello, From agenda correspondence, it seems that some permanent residents are under the impression that the fraternity is being given an exemption from our noise ordinance. It would be helpful if during our meeting, staff clarified that this is not the case. Thanks Jan Jan Marx pronouns she/her/hers Council Member Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 E jmarx@slocity.org slocity.org Stay connected with the City by signing up for e-notifications 25 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 11:08 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Ayral Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 26 From:Amoroso, Brian Sent:Monday, October 14, 2024 11:09 AM To:Scott, Rick Subject:Cal Poly Greek House Information AB 524 List From: Courtney Leigh Kienow <ckienow@calpoly.edu> Sent: Thursday, May 9, 2024 11:17 AM To: Amoroso, Brian <bamoroso@slocity.org> Cc: Mickel, Fred <fmickel@slocity.org> Subject: Re: AB 524 List This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Sure! Here you go: https://greeklife.calpoly.edu/reports Courtney From: Amoroso, Brian <bamoroso@slocity.org> Date: Wednesday, May 8, 2024 at 4:51 PM To: Courtney Leigh Kienow <ckienow@calpoly.edu> Cc: Mickel, Fred <fmickel@slocity.org> Subject: AB 524 List Hi Courtney, Hope all is well. One of our residents is referencing a bill that requires the University to post a list of locations for all Fraternity and Sorority activities. “Assembly Bill 524: The Campus-Recognized Sorority and Fraternity Transparency Act required every college and university in California to publish a report annually with a list of the locations of their Greek Life activities.” Can you point me to where this might be located on your website, if you know? Thank you! Brian Brian Amoroso Deputy Chief Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E bamoroso@slocity.org 27 T 805.594.8016 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 28 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 11:08 AM To:Odile Ayral Cc:CityClerk Subject:RE: Subject: item 6b, Review of an Appeal Regarding the Lambda Chi Alpha Fraternity Conditional Use Permit Hi Odile, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Odile Ayral < Sent: Monday, October 14, 2024 11:04 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Subject: item 6b, Review of an Appeal Regarding the Lambda Chi Alpha Fraternity Conditional Use Permit This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Council Members, Unlike many universities, Cal Poly does not have a fraternity and sorority row. This has forced the creation of various fraternities within family neighborhoods, and in turn, the exodus of these families. The lovely neighborhood north of Foothill and California has now become a not so lovely student neighborhood. Still, enough families remain, and these families help maintain an appearance of peace and tidiness to the area. The city must do everything possible to protect these families, and the staff must reconsider some of their conclusions regarding the Lambda Chi Alpha Conditional Use Permit. 1. Condition 14: Change it to “no meetings or other gatherings involving persons other than the 24 fraternity members living on the site are allowed between the hours of 10 pm and 9 am, except as approved in writing as a special event by the Community Development Director. 2. Condition 16: Change it to “no events involving the use of amplified sound equipment shall be allowed.” 29 I also agree with the new conditions suggested by RQN in their letter, and I urge you to read them very carefully. It does not ban student entertainment; it makes it more acceptable to everyone. The city ought to remember that their allegiance goes first to the residents who have lived here for years and are planning to remain here if only they receive enough support from those who are elected to support them. Sincerely, Odile Ayral 31 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 10:49 AM To:kathie walker Cc:CityClerk Subject:RE: Item 6b on 10/15/2024: Appeal to Add Conditions to Fraternity Use Permit (Lambda Chi Alpha) Hi Kathie, My apologies for uploading the incorrect email. I have uploaded the correct email to the public archive for tomorrow’s City Council meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: kathie walker < Sent: Sunday, October 13, 2024 11:04 AM To: Marx, Jan <jmarx@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b on 10/15/2024: Appeal to Add Conditions to Fraternity Use Permit (Lambda Chi Alpha) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Councilmembers, In June 2024, City Planner Hannah Hanh told me that the conditions of the CUP for Lambda Chi Alpha were based on the two most recent CUPs, which are for two sororities. Each has limited occupancy of 6 and 7 residents, respectively. Fraternity use is much different than sorority use because sororities don’t have parties with alcohol. Sororities go to fraternity houses to party, and fraternities have large parties with alcohol that are extremely disruptive to their neighbors. Even if the City considers sororities and fraternities as the same use, conditions must be added to the proposed CUP for Lambda Chi Alpha to mitigate the known, documented problems associated with noise and fraternity use. The municipal code states that violating the City’s noise ordinance is a public nuisance, is detrimental to the health, welfare, and safety of others, and is contrary to public interest. On the other hand, the Staff Report claims that there are “exceptions” to the City’s noise ordinance that enable the Community Development Director to approve Special Event Permits, and such events are allowed to violate the City’s noise ordinance. 32 I can understand issuing a Special Event Permit to allow greater occupancy during certain hours of operation, such as during the day for an event, however allowing a permit to violate the noise ordinance in a residential neighborhood, especially at night, is not reasonable. The municipal code cited by Staff (SLOMC 9.12.100) says that any “exceptions” that allow violation of the noise ordinance can only be granted if all the following three conditions are met: 1. It is subject to limitations “appropriate to protect the public health, safety and welfare from the noise emanating therefrom”, 2. If the [fraternity] applicant can demonstrate that bringing the source of sound or activity into compliance with the noise ordinance “would constitute an unreasonable hardship on the [fraternity] applicant, on the community, or on other persons”, and 3. Must balance the denial [not being allowed to have an event that violates the noise ordinance] as a hardship on the applicant against (1) the adverse impact on the health, safety, and welfare of other persons affected; (2) the adverse impact on property affected; and (3) any other adverse impacts of granting the exception [to allow a fraternity party to violate the noise ordinance]. I’m unsure what limitations cited in item 1. could prevent the neighbors from hearing an outdoor fraternity party with 100 people and/or amplified noise, especially at night when people are trying to sleep, and when the noise ordinance prohibits amplified noise from crossing the property line. Is it truly a “hardship” if the fraternity is not allowed to host an amplified event in a residential neighborhood that violates the noise ordinance? The fraternity representative said they will have at least 4 events over the next 9 months that will requi re Special Event Permits. The fraternity should host those events at a third-party venue so the people living nearby are able to sleep and be rested for work, school, or other life obligations. There are 19 fraternities at Cal Poly. How many events that violate the noise ordinance (considered by the SLOMC to be a public nuisance, detrimental to health, welfare, and safety, and contrary to public interest ) should the City’s neighborhoods endure? Another factor that isn’t mentioned is that sororities and other guests walk through the neighborhoods to attend these events. They yell, especially after they’ve been drinking, coming and going from the events and this goes on for hours. Fraternity parties impact the neighborhood beyond the fraternity house, itself. The “hardship” of living near a fraternity is borne by the neighbors who are kept awake by loud fraternity parties. There is no way to balance or mitigate the adverse impact for those living and working nearby. It is not reasonable to allow events within a residential neighborhood that violate the noise ordinance which, according to the City’s municipal code, is detrimental to people’s health, safety, and welfare and is a public nuisance. Our family is impacted by fraternities on Foothill Blvd. We can hear them from our house. At times we thought the noise was coming from a block over on Bond St or Hathway Ave because it was so loud, but upon locating the source of the noise, we found the party was at a fraternity on Foothill. A video link to one recent event at a fraternity on Foothill that could be heard from our house is included in my previous correspondence to the Planning Commission. I have attached my correspondence to this email. It took three responses from SLOPD to shut down the fraternity party on Foothill Blvd and officers had to call their sergeant to the scene because the fraternity refused to stop the disruptive party! I’ve wondered if there were any consequences to that fraternity, other than the noise citations. Our family needs to sleep due to work and other family obligations. If my husband can’t sleep, he cannot go to work because he has a safety-related job, and if he can’t work it affects our family’s income. Using the balancing factors cited by City staff, outlined in SLOMC 9.12.100, a “hardship” on a fraternity for not being able to host large parties with amplified noise in violation of the noise ordinance, does not outweigh the protection of the neighborhood and allowing people to sleep so they can go to work. I honestly can’t believe I have to say this because it seems like common sense. There are obvious blind spots within the City Administration when it comes to dealing with the “fraternity situation” overall, understanding/enforcing the noise they generate, and enforcing the existing CUPs for permitted fraternity houses that flout the law, even when a written complaint is made. There are also 70+ documented illegal fraternity houses operating as full-fledged fraternity houses throughout the City’s neighborhoods, many operating as the main chapter houses for their fraternities, and they are still going strong a year after I gave a detailed report to Community Development with documentation of the fraternity locations, including fraternities' social media posts. Cal Poly’s AB 524 report also documented the address locations of fraternity events, which confirmed the social media documentation I provided in my report. The standard of proof required to cite these illegal fraternities is a “preponderance of the evidence” which means it is more likely than not. The documentation adequately met that burden, yet the fraternities continue to operate illegally at the addresses that were identified a year ago. 33 Unfortunately, many of those addresses, including the main chapter houses of some fraternities, were not sent Notices of Viol ation or Advisory Letters. Some were, but even then, some Notices of Violation were missing dates, and many of the Advisory Letters were lost by the Community Development Department, so there is no physical record. I was asked to use the AskSLO app to make reports and did so, but most of the reports I made that specifically identified dates, times, and addresses of illegal fraternity events were not followed up on during the dates, times, and addresses provided to the Community Development Department so were dismissed as unfounded, even though the events occurred. The "fraternity situation" has been so disheartening. And now I am even more baffled after reading the City Staff's arguments AGAINST addition conditions to the fraternity's CUP which promotes wellness in the neighborhood. Is it because Community Development staff are already so overburdened that they don't want to take responsibility for enforcing the CUP? I can't think of any other logical explanation to justify not having a threshold of violations that trigger a review of the CUP by the Planning Commission. Under the “exceptions” cited by City Staff that would allow the fraternity to violate the noise ordinance (9.12.100. A.2.), the municipal code also says, “Any individual who claims to be adversely affected by an allowance of the exception may file a statement with the noise control officer containing any information to support his or her claim. If at any time the noise control officer finds that a sufficient controversy exists regarding an application, a public hearing will be held.” How does “any individual” know that the fraternity has applied for an “exception” to host an event in violation of the noise ordinance? Are neighbors notified before the noise control officer grants the exception so they "have an opportunity file a statement with the noise control officer"? The Staff report says a Special Event Permit can only be approved with the three required findings listed in SLOMC 17.108.040. Finding 2 says the event “is consistent with or an improvement to the character of the neighborhood or zone.” A fraternity party does not improve the character of the neighborhood. Also, a fraternity is not allowed “by right” in an R-4 neighborhood. The CUP is meant to include conditions that mitigate the impact of fraternity use so that the fraternity house fits into the residential neighborhood, as a residence that is permitted to hold gatherings of up to a certain amount of people during certain hours. People of all demographics live in our neighborhood. It’s difficult to imagine a scenario that would be considered an improvement to the character of the neighborhood by allowing a fraternity event to violate the noise ordinance. Please limit Special Event Permits to allow an increase in occupancy limitations for events, and do not allow events to violate the City's noise ordinance in a residential neighborhood. Appeal Issue No. 3 – Limitation reverts to “residential occupancy” limit per condition 4 at night from 10 p.m. to 9 a.m. The appeal also asks for a limitation on occupancy from 10 p.m. to 9 a.m. based on the maximum allowed residential occupancy limitation listed in condition 4, which says “The fraternity shall be limited to a maximum of 24 residents for the property.” The Staff Response says that the condition cannot limit the type of people (residents vs. non-residents) but acknowledges that it is permissible to limit the number of people for the use. While the wording of the condition cannot list the limitation to residents, it is legal to limit the occupancy to 24 after 10 p.m. Condition 5 limits the number of people for “routine meetings and gatherings” to 48. The reason the limitation of persons on site after 10 p.m. is included in other fraternity CUPs and is requested here is that the noise generated by 48 people is much greater than the noise generated by 24 people. This is a residence in a residential neighborhood. The fraternity representative told the Planning Commission that gatherings happen outdoors, between the front and back houses. Noise generated by 48 people would violate the noise ordinance and disturb the neighbors. The primary concern about the fraternity’s use is noise. I know the noise ordinance isn’t that interesting but here are some main points: -The noise ordinance is a 24/7 regulation and prohibits a "noise disturbance" that is plainly audible 50 feet from the noisemaker. The dictionary defines a "noise disturbance" as the interruption of a settled and peaceful condition. -Amplified sound (television, radio, etc.) is prohibited from crossing the property line after 10 p.m. - Depending on the "character of sound", for example, if the noise contains music or speech, it cannot exceed 45 decibels across the property line after 10 p.m. for 30 minutes, which is equivalent to the sound level in a library. Noise that includes music or speech at 65 decibels is prohibited from crossing the property line, which is equivalent to the sound level of a normal conversation. These are the standards outlined in the City’s noise ordinance. There are free apps you can download on your phone that measure decibel levels and it’s surprising how “loud” everyday things are, such as a conversation, which can be disturbing at night when ambient noise levels are low and people nearby are trying to sleep. 34 Limiting the number of people after 10 p.m. is consistent with the required findings per SLOMC 17.86.130, which is also cited in the Findings of the Draft Resolution and states “the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities … and limit potential disturbances to neighboring properties.” Nighttime, after 10 p.m., is a sensitive time when most people are trying to sleep, and it is a reasonable condition to limit the number of people on the property to 24 from 10 p.m. to 7 a.m. Please add this condition to the fraternity’s CUP. Land Use and Housing Elements in the General Plan The Findings in the Draft Resolution state that the project is consistent with the General Plan because “the project would facilitate Land Use Element Policy 2.6.5 and Housing Element Policy 8.6 (sic) by locating a fraternity in proximity to the Cal Poly SLO campus.” For context, the first sentence of Land Use Element Policy 2.6.5 states, “The City shall work with Cal Poly to develop a proposal to locate fraternities and sororities on campus for consideration by the CSU Board.” The secondary portion of the policy says, “If locations on campus cannot be provided, fraternities and sororities should be limited to medium-high and high-density residential areas near campus.” Please consider the intended meaning of this policy. Allowing more and more fraternities to overtake the residential neighborhoods does not further this policy. The first sentence of Housing Element Policy 8.5 says, “Locate fraternities and sororities on the Cal Poly University campus. And secondarily, “Until that is possible, they should be located in medium-high to high-density residential zones near campus.” (Policy 8.6, referenced in the Draft Resolution, refers to Cal Poly staff housing and is not applicable here.) Again, the primary sentence in this policy is for fraternities to be located on campus, not in the City's neighborhoods. Allowing more fraternities in the City does not "facilitate" the intended meaning of these policies in the General Plan, as claimed in the Draft Resolution. Housing Element Program 8.15 says, “Work with Cal Poly University Administration to secure designation of on-campus fraternity/sorority living groups.” That portion of the General Plan was not included in the Draft Resolution. These Programs and Policies were adopted ten years ago, in 2014. What has the City done to further their implementation? The City’s General Plan recognizes that fraternities and sororities do not belong in the City and should be located on Cal Poly’s campus. The Planning Commissioners also said that fraternities should be on Cal Poly’s campus. Since Cal Poly does not have a Greek Row, the burden of housing the fraternities falls on the City and its neighborhoods. To mitigate the negative impacts of a fraternity in a residential neighborhood, a CUP must have conditions that specifically address relevant issues, and those conditions should be listed in the CUP so they are clear to the fraternity. Specific conditions that address common issues for a fraternity’s use should be included in the CUP to establish clear communication of the expectations and the consequences for the fraternity if they don’t adhere to the listed conditions. For instance, the following condition is included in other fraternity CUPs, which was requested in the appeal, and makes sense: “Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit.” The City Staff implies that the fraternity already has to follow this condition of use because it must follow Federal, State, and local laws and the obligation is listed throughout Chapter 17 of the SLOMC, so it doesn't need to be included as a condition. If it’s not listed as a condition in the CUP, how does the fraternity know that it’s a condition of use? Also, any written complaints, especially by community members, are based on the conditions outlined in the CUP. It's confusing if the condition is not specifically listed as a condition in the CUP. This condition and others suggested in the appeal, should be included in the CUP so the conditions are clear to the fraternity and the community. Finally, you might think that Lambda Chi Alpha would be on their best behavior in anticipation of this appeal. Cal Poly has only been in session for a month, so it seems simple: Don’t have loud parties that violate the noise ordinance and don’t have more t han the maximum occupancy of 48 as outlined in the CUP before the City Council hearing on 10/15/2024. But in the past few weeks, the fraternity has had multiple calls to SLOPD for noise. (None were made by me or my family.) During the first week of classes a call was made to SLOPD and the dispatcher noted in the log that the fraternity was partying in the front yard at 1264 Foothill with a sign that said, “YOU HONK, WE DRINK”. 35 After that, there were at least two more loud parties at night and were issued noise citations at 1264 Foothill on 10/2/2024 and 10/9/2024. One citation lists 70 people at the party. During the Planning Commission hearing, the Chair asked the fraternity representative, Thomas Symer, if Lambda Chi Alpha had any satellite houses that held fraternity events in the neighborhood. Mr. Symer said they did not. However, that isn’t true. Lambda Chi Alpha has at least five illegal fraternity houses in the Alta Vista neighborhood that held documented fraternity events during the last academic year, including at 171 Orange, 12 Hathway, 253 Albert, and 278 Albert. Mr. Symer’s name was listed as the person cited at a fraternity event at one of those addresses. Lambda Chi Alpha has continued to hold illegal fraternity events at those addresses during rush recruitment this academic year, for the past two weekends. The fraternity is not even pretending to care about the neighborhood even though they know their use permit is subject to a City Council hearing on 10/15/2024. This emphasizes the need for clear conditions in the CUP that outline the conditions/rules for and the consequences of the fraternity use. Conditions are necessary and also beneficial for the community and the fraternity because they clarify the expectations and mitigate the impact of use. As mentioned, a fraternity's use is not “by-right” in an R-4 zone. The reason a CUP is required - to set forth conditions to resolve the negative impacts - is so the fraternity house(s) fits into the R-4 zone as a residential use. I am baffled at the City’s resistance to strengthening the CUP for this large, impactful fraternity use. This CUP will be a model for other fraternity CUPs. It is critical that it contains meaningful conditions that make the fraternity’s obligations clear and mitigate its impact on the neighborhood. I urge you to uphold the appeal to add conditions to the fraternity CUP for the good of the neighborhood and the fraternity, so everyone knows what is expected because it’s listed as a condition in the CUP. Thank you, Kathie Walker 36 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 10:48 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the corrected submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Walker, K. *INCORRECT EMAIL PREVIOUSLY UPLOADED, PLEASE SEE THE CORRECT UPLOAD Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 42 From:SLO <noreply@user.govoutreach.com> Sent:Monday, October 14, 2024 10:41 AM To:Mezzapesa, John Subject:Ask SLO You have been assigned a new Request #: 8382 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Request # 8382 from the Government Outreach System has been assigned to you by Nick Buckley. Request type: Problem Request area: Land Use Violation Citizen name: Description: Illegal fraternity event scheduled for 10/5/2024. Delta Sigma Phi advertised a "Dye Tourney and Pizza" fraternity event for rush recruitment at 589 Cuesta Drive, an R-1 zone. Fraternity operations and events are not permitted at this address. A link to the Instagram post is here: https://www.instagram.com/p/DAh8UofJuHt/ Location: 589 Cuesta Drive To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Expected Close Date: October 4, 2024 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 43 From:SLO <noreply@user.govoutreach.com> Sent:Monday, October 14, 2024 10:41 AM To:Mezzapesa, John Subject:Ask SLO You have been assigned a new Request #: 8423 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Request # 8423 from the Government Outreach System has been assigned to you by Nick Buckley. Request type: Problem Request area: Land Use Violation Citizen name: Description: Illegal fraternity rush event at a long-standing illegal satellite fraternity house. The event is Sunday 10/6/2024 from 10 am - 2 pm Location: 237 La Canada Drive To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Expected Close Date: October 7, 2024 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 44 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 10:35 AM Cc:Tway, Timothea (Timmi); Hanh, Hannah Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submission below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Mulholland Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 45 From:Tway, Timothea (Timmi) Sent:Monday, October 14, 2024 10:18 AM To:Hanh, Hannah Cc:Corey, Tyler Subject:FW: 6b Add please, Thanks! From: Marx, Jan <jmarx@slocity.org> Sent: Monday, October 14, 2024 10:17 AM To: McDonald, Whitney <WMcDonal@slocity.org>; Dietrick, Christine <cdietric@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: 6b Hello, From agenda correspondence, it seems that some permanent residents are under the impression that the fraternity is being given an exemption from our noise ordinance. It would be helpful if during our meeting, staff clarified that this is not the case. Thanks Jan Jan Marx pronouns she/her/hers Council Member Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 E jmarx@slocity.org slocity.org Stay connected with the City by signing up for e-notifications 47 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:51 AM To:Ellsworth, Melissa Subject:RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Hi Melissa, My apologies, I will provide a direct link for future correspondence. Please click here to be directed to the 10/15/24 City Council meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Ellsworth, Melissa <mellswor@slocity.org> Sent: Monday, October 14, 2024 9:47 AM To: Colunga-Lopez, Andrea <AColunga@slocity.org> Subject: RE: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b Hello – any chance that when you send these out, the link can go to directly to the meeting date/Agenda Correspondence folder? From: Colunga-Lopez, Andrea <AColunga@slocity.org> Sent: Monday, October 14, 2024 9:12 AM To: CityClerk <CityClerk@slocity.org> Cc: Hanh, Hannah <hhanh@slocity.org>; Tway, Timothea (Timmi) <TTway@slocity.org> Subject: 10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Rowley - Walker, S. 48 - Eidelman - Walker, K. - White Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 55 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:21 AM Subject:cc White - Foothill Fraternity BCC: Council All Hello, Please see the message below received for the 10/15/24 City Council Meeting, Item 6b - REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024). Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Colunga-Lopez, Andrea Sent: Monday, October 14, 2024 9:13 AM To: Linda White <lindaleewhite15@gmail.com> Cc: CityClerk <CityClerk@slocity.org> Subject: RE: Foothill Fraternity Hi Linda, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 56 slocity.org Stay connected with the City by signing up for e-notifications From: Linda White < Sent: Friday, October 11, 2024 10:06 PM To: CityClerk <CityClerk@slocity.org> Subject: Foothill Fraternity This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Many years ago I gave up on being involved in city council affairs because I realized that the city council members had already decided what they wanted before they heard public input. Decisions were made to appease the Cal Poly and business communities. I am writing today to express my support for the dwindling number of permanent residents in San Luis Obispo. The fraternity on Foothill Boulevard should not receive an exemption to the City Noise Ordinance. The ordinance is there to preserve what little peace and comfort we can still enjoy in what has become Isla Vista North. Linda White Sent from my iPad 58 From:McDonald, Whitney Sent:Monday, October 14, 2024 9:12 AM To:Tway, Timothea (Timmi) Subject:FW: Item 6b on 10/15/2024: Appeal to Add Conditions to Fraternity Use Permit (Lambda Chi Alpha) Attachments:Kathie Walker letter to Planning Commission..pdf From: kathie walker < Sent: Sunday, October 13, 2024 11:04 AM To: Marx, Jan <jmarx@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Subject: Item 6b on 10/15/2024: Appeal to Add Conditions to Fraternity Use Permit (Lambda Chi Alpha) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Councilmembers, In June 2024, City Planner Hannah Hanh told me that the conditions of the CUP for Lambda Chi Alpha were based on the two most recent CUPs, which are for two sororities. Each has limited occupancy of 6 and 7 residents, respectively. Fraternity use is much different than sorority use because sororities don’t have parties with alcohol. Sororities go to fraternity houses to party, and fraternities have large parties with alcohol that are extremely disruptive to their neighbors. Even if the City considers sororities and fraternities as the same use, conditions must be added to the proposed CUP for Lambda Chi Alpha to mitigate the known, documented problems associated with noise and fraternity use. The municipal code states that violating the City’s noise ordinance is a public nuisance, is detrimental to the health, welfare, and safety of others, and is contrary to public interest. On the other hand, the Staff Report claims that there are “exceptions” to the City’s noise ordinance that enable the Community Development Director to approve Special Event Permits, and such events are allowed to violate the City’s noise ordinance. I can understand issuing a Special Event Permit to allow greater occupancy during certain hours of operation, such as during the day for an event, however allowing a permit to violate the noise ordinance in a residential neighborhood, especially at night, is not reasonable. The municipal code cited by Staff (SLOMC 9.12.100) says that any “exceptions” that allow violation of the noise ordinance can only be granted if all the following three conditions are met: 1. It is subject to limitations “appropriate to protect the public health, safety and welfare from the noise emanating therefrom”, 2. If the [fraternity] applicant can demonstrate that bringing the source of sound or activity into compliance with the noise ordinance “would constitute an unreasonable hardship on the [fraternity] applicant, on the community, or on other persons”, and 3. Must balance the denial [not being allowed to have an event that violates the noise ordinance] as a hardship on the applicant against (1) the adverse impact on the health, safety, and welfare of other persons affected; (2) the adverse impact on property affected; and (3) any other adverse impacts of granting the exception [to allow a fraternity party to violate the noise ordinance]. I’m unsure what limitations cited in item 1. could prevent the neighbors from hearing an outdoor fraternity party with 100 people and/or amplified noise, especially at night when people are trying to sleep, and when the noise ordinance prohibits amplified noise from crossing the property line. 59 Is it truly a “hardship” if the fraternity is not allowed to host an amplified event in a residential neighborhood that violates the noise ordinance? The fraternity representative said they will have at least 4 events over the next 9 months that will requi re Special Event Permits. The fraternity should host those events at a third-party venue so the people living nearby are able to sleep and be rested for work, school, or other life obligations. There are 19 fraternities at Cal Poly. How many events that violate the noise ordinance (considered by the SLOMC to be a public nuisance, detrimental to health, welfare, and safety, and contrary to public interest ) should the City’s neighborhoods endure? Another factor that isn’t mentioned is that sororities and other guests walk through the neighborhoods to attend these events. They yell, especially after they’ve been drinking, coming and going from the events and this goes on for hours. Fraternity parties impact the neighborhood beyond the fraternity house, itself. The “hardship” of living near a fraternity is borne by the neighbors who are kept awake by loud fraternity parties. There is no way to balance or mitigate the adverse impact for those living and working nearby. It is not reasonable to allow events within a residential neighborhood that violate the noise ordinance which, according to the City’s municipal code, is detrimental to people’s health, safety, and welfare and is a public nuisance. Our family is impacted by fraternities on Foothill Blvd. We can hear them from our house. At times we thought the noise was coming from a block over on Bond St or Hathway Ave because it was so loud, but upon locating the source of the noise, we found the party was at a fraternity on Foothill. A video link to one recent event at a fraternity on Foothill that could be heard from our house is included in my previous correspondence to the Planning Commission. I have attached my correspondence to this email. It took three responses from SLOPD to shut down the fraternity party on Foothill Blvd and officers had to call their sergeant to the scene because the fraternity refused to stop the disruptive party! I’ve wondered if there were any consequences to that fraternity, other than the noise citations. Our family needs to sleep due to work and other family obligations. If my husband can’t sleep, he cannot go to work because he has a safety-related job, and if he can’t work it affects our family’s income. Using the balancing factors cited by City staff, outlined in SLOMC 9.12.100, a “hardship” on a fraternity for not being able to host large parties with amplified noise in violation of the noise ordinance, does not outweigh the protection of the neighborhood and allowing people to sleep so they can go to work. I honestly can’t believe I have to say this because it seems like common sense. There are obvious blind spots within the City Administration when it comes to dealing with the “fraternity situation” overall, understanding/enforcing the noise they generate, and enforcing the existing CUPs for permitted fraternity houses that flout the law, even when a written complaint is made. There are also 70+ documented illegal fraternity houses operating as full-fledged fraternity houses throughout the City’s neighborhoods, many operating as the main chapter houses for their fraternities, and they are still going strong a year after I gave a detailed report to Community Development with documentation of the fraternity locations, including fraternities' social media posts. Cal Poly’s AB 524 report also documented the address locations of fraternity events, which confirmed the social media documentation I provided in my report. The standard of proof required to cite these illegal fraternities is a “preponderance of the evidence” which means it is more likely than not. The documentation adequately met that burden, yet the fraternities continue to operate illegally at the addresses that were identified a year ago. Unfortunately, many of those addresses, including the main chapter houses of some fraternities, were not sent Notices of Viol ation or Advisory Letters. Some were, but even then, some Notices of Violation were missing dates, and many of the Advisory Letters were lost by the Community Development Department, so there is no physical record. I was asked to use the AskSLO app to make reports and did so, but most of the reports I made that specifically identified dates, times, and addresses of illegal fraternity events were not followed up on during the dates, times, and addresses provided to the Community Development Department so were dismissed as unfounded, even though the events occurred. The "fraternity situation" has been so disheartening. And now I am even more baffled after reading the City Staff's arguments AGAINST addition conditions to the fraternity's CUP which promotes wellness in the neighborhood. Is it because Community Development staff are already so overburdened that they don't want to take responsibility for enforcing the CUP? I can't think of any other logical explanation to justify not having a threshold of violations that trigger a review of the CUP by the Planning Commission. Under the “exceptions” cited by City Staff that would allow the fraternity to violate the noise ordinance (9.12.100. A.2.), the municipal code also says, “Any individual who claims to be adversely affected by an allowance of the exception may file a statement with the noise control officer containing any information to support his or her claim. If at any time the noise control officer finds that a sufficient controversy exists regarding an application, a public hearing will be held.” How does “any individual” know that the fraternity has applied for an “exception” to host an event in violation of the noise ordinance? Are neighbors notified before the noise control officer grants the exception so they "have an opportunity file a statement with the noise control officer"? 60 The Staff report says a Special Event Permit can only be approved with the three required findings listed in SLOMC 17.108.040. Finding 2 says the event “is consistent with or an improvement to the character of the neighborhood or zone.” A fraternity party does not improve the character of the neighborhood. Also, a fraternity is not allowed “by right” in an R-4 neighborhood. The CUP is meant to include conditions that mitigate the impact of fraternity use so that the fraternity house fits into the residential neighborhood, as a residence that is permitted to hold gatherings of up to a certain amount of people during certain hours. People of all demographics live in our neighborhood. It’s difficult to imagine a scenario that would be considered an improvement to the character of the neighborhood by allowing a fraternity event to violate the noise ordinance. Please limit Special Event Permits to allow an increase in occupancy limitations for events, and do not allow events to violate the City's noise ordinance in a residential neighborhood. Appeal Issue No. 3 – Limitation reverts to “residential occupancy” limit per condition 4 at night from 10 p.m. to 9 a.m. The appeal also asks for a limitation on occupancy from 10 p.m. to 9 a.m. based on the maximum allowed residential occupancy limitation listed in condition 4, which says “The fraternity shall be limited to a maximum of 24 residents for the property.” The Staff Response says that the condition cannot limit the type of people (residents vs. non-residents) but acknowledges that it is permissible to limit the number of people for the use. While the wording of the condition cannot list the limitation to residents, it is legal to limit the occupancy to 24 after 10 p.m. Condition 5 limits the number of people for “routine meetings and gatherings” to 48. The reason the limitation of persons on site after 10 p.m. is included in other fraternity CUPs and is requested here is that the noise generated by 48 people is much greater than the noise generated by 24 people. This is a residence in a residential neighborhood. The fraternity representative told the Planning Commission that gatherings happen outdoors, between the front and back houses. Noise generated by 48 people would violate the noise ordinance and disturb the neighbors. The primary concern about the fraternity’s use is noise. I know the noise ordinance isn’t that interesting but here are some main points: -The noise ordinance is a 24/7 regulation and prohibits a "noise disturbance" that is plainly audible 50 feet from the noisemaker. The dictionary defines a "noise disturbance" as the interruption of a settled and peaceful condition. -Amplified sound (television, radio, etc.) is prohibited from crossing the property line after 10 p.m. - Depending on the "character of sound", for example, if the noise contains music or speech, it cannot exceed 45 decibels across the property line after 10 p.m. for 30 minutes, which is equivalent to the sound level in a library. Noise that includes music or speech at 65 decibels is prohibited from crossing the property line, which is equivalent to the sound level of a normal conversation. These are the standards outlined in the City’s noise ordinance. There are free apps you can download on your phone that measure decibel levels and it’s surprising how “loud” everyday things are, such as a conversation, which can be disturbing at night when ambient noise levels are low and people nearby are trying to sleep. Limiting the number of people after 10 p.m. is consistent with the required findings per SLOMC 17.86.130, which is also cited in the Findings of the Draft Resolution and states “the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities … and limit potential disturbances to neighboring properties.” Nighttime, after 10 p.m., is a sensitive time when most people are trying to sleep, and it is a reasonable condition to limit the number of people on the property to 24 from 10 p.m. to 7 a.m. Please add this condition to the fraternity’s CUP. Land Use and Housing Elements in the General Plan The Findings in the Draft Resolution state that the project is consistent with the General Plan because “the project would facilitate Land Use Element Policy 2.6.5 and Housing Element Policy 8.6 (sic) by locating a fraternity in proximity to the Cal Poly SLO campus.” For context, the first sentence of Land Use Element Policy 2.6.5 states, “The City shall work with Cal Poly to develop a proposal to locate fraternities and sororities on campus for consideration by the CSU Board.” The secondary portion of the policy says, “If locations on campus cannot be provided, fraternities and sororities should be limited to medium-high and high-density residential areas near campus.” Please consider the intended meaning of this policy. Allowing more and more fraternities to overtake the residential neighborhoods does not further this policy. 61 The first sentence of Housing Element Policy 8.5 says, “Locate fraternities and sororities on the Cal Poly University campus. And secondarily, “Until that is possible, they should be located in medium-high to high-density residential zones near campus.” (Policy 8.6, referenced in the Draft Resolution, refers to Cal Poly staff housing and is not applicable here.) Again, the primary sentence in this policy is for fraternities to be located on campus, not in the City's neighborhoods. Allowing more fraternities in the City does not "facilitate" the intended meaning of these policies in the General Plan, as claimed in the Draft Resolution. Housing Element Program 8.15 says, “Work with Cal Poly University Administration to secure designation of on-campus fraternity/sorority living groups.” That portion of the General Plan was not included in the Draft Resolution. These Programs and Policies were adopted ten years ago, in 2014. What has the City done to further their implementation? The City’s General Plan recognizes that fraternities and sororities do not belong in the City and should be located on Cal Poly’s campus. The Planning Commissioners also said that fraternities should be on Cal Poly’s campus. Since Cal Poly does not have a Greek Row, the burden of housing the fraternities falls on the City and its neighborhoods. To mitigate the negative impacts of a fraternity in a residential neighborhood, a CUP must have conditions that specifically address relevant issues, and those conditions should be listed in the CUP so they are clear to the fraternity. Specific conditions that address common issues for a fraternity’s use should be included in the CUP to establish clear communication of the expectations and the consequences for the fraternity if they don’t adhere to the listed conditions. For instance, the following condition is included in other fraternity CUPs, which was requested in the appeal, and makes sense: “Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit.” The City Staff implies that the fraternity already has to follow this condition of use because it must follow Federal, State, and local laws and the obligation is listed throughout Chapter 17 of the SLOMC, so it doesn't need to be included as a condition. If it’s not listed as a condition in the CUP, how does the fraternity know that it’s a condition of use? Also, any written complaints, especially by community members, are based on the conditions outlined in the CUP. It's confusing if the condition is not specifically listed as a condition in the CUP. This condition and others suggested in the appeal, should be included in the CUP so the conditions are clear to the fraternity and the community. Finally, you might think that Lambda Chi Alpha would be on their best behavior in anticipation of this appeal. Cal Poly has only been in session for a month, so it seems simple: Don’t have loud parties that violate the noise ordinance and don’t have more t han the maximum occupancy of 48 as outlined in the CUP before the City Council hearing on 10/15/2024. But in the past few weeks, the fraternity has had multiple calls to SLOPD for noise. (None were made by me or my family.) During the first week of classes a call was made to SLOPD and the dispatcher noted in the log that the fraternity was partying in the front yard at 1264 Foothill with a sign that said, “YOU HONK, WE DRINK”. After that, there were at least two more loud parties at night and were issued noise citations at 1264 Foothill on 10/2/2024 and 10/9/2024. One citation lists 70 people at the party. 62 During the Planning Commission hearing, the Chair asked the fraternity representative, Thomas Symer, if Lambda Chi Alpha had any satellite houses that held fraternity events in the neighborhood. Mr. Symer said they did not. However, that isn’t true. Lambda Chi Alpha has at least five illegal fraternity houses in the Alta Vista neighborhood that held documented fraternity events during the last academic year, including at 171 Orange, 12 Hathway, 253 Albert, and 278 Albert. Mr. Symer’s name was listed as the person cited at a fraternity event at one of those addresses. Lambda Chi Alpha has continued to hold illegal fraternity events at those addresses during rush recruitment this academic year, for the past two weekends. The fraternity is not even pretending to care about the neighborhood even though they know their use permit is subject to a City Council hearing on 10/15/2024. This emphasizes the need for clear conditions in the CUP that outline the conditions/rules for and the consequences of the fraternity use. Conditions are necessary and also beneficial for the community and the fraternity because they clarify the expectations and mitigate the impact of use. As mentioned, a fraternity's use is not “by-right” in an R-4 zone. The reason a CUP is required - to set forth conditions to resolve the negative impacts - is so the fraternity house(s) fits into the R-4 zone as a residential use. I am baffled at the City’s resistance to strengthening the CUP for this large, impactful fraternity use. This CUP will be a model for other fraternity CUPs. It is critical that it contains meaningful conditions that make the fraternity’s obligations clear and mitigate its impact on the neighborhood. I urge you to uphold the appeal to add conditions to the fraternity CUP for the good of the neighborhood and the fraternity, so everyone knows what is expected because it’s listed as a condition in the CUP. Thank you, Kathie Walker 1 June 6, 2024 Dear Planning Commissioners, I support Lambda Chi Alpha’s conditional use permit (CUP) for fraternity operations at 1264 & 1264 ½ Foothill Blvd and 1241, 1243, 1249 and 1251 Monte Vista Place. The conditions in a CUP are important to ensure that the neighbors of a fraternity house are not adversely impacted by fraternity operations. I feel there are some conditions missing from the CUP which are covered in more detail below. The parking suggested is good because much of our neighborhood is not a parking district and it is difficult for guests to find parking on the street. The Planning Commission’s role is to review the project for consistency with the General Plan, Zoning Regulations, and applicable City development standards and regulations including section 17.86.130 A, which says, “This section is intended to promote the quality of life in residential neighborhoods by ensuring that dwelling units housing multiple persons who are members of a fraternity or sorority provide adequate support facilities for the intensity of associated use, and that such uses are operated in a manner that is not detrimental to the neighborhood in which they are located due to excessive noise, inadequate off-street parking, general property maintenance, and similar conditions…” The proposed CUP does not adequately address the noise problems associated with fraternity houses. I have been invested in the fraternity issue in our neighborhood for the last couple of years because our home has been increasingly surrounded by fraternity houses and it has negatively affected my family. I began researching the issue which led me to a understand the gravity of the situation and the City’s predicament. There are only seven fraternity CUPs but 18 fraternities in Cal Poly’s Interfraternity Council (IFC), and most fraternities have multiple house locations. The information I uncovered blew my mind, to be honest, because it’s gotten so far out of control. I spoke with Derek Johnson (previous city manager) about it, and he encouraged me to share my information with Timmi Tway who was newly hired as Community Development Director. So, I prepared a report, including detailed information about each of the fraternities and an outline of the overall situation, and provided it to Ms. Tway and John Mezzapesa during a meeting with them last year. I apologize for the length of my letter and appreciate your time to review it. The Cal Poly fraternity situation is a huge issue and is difficult to understand the scope without some context that is relevant to the proposed CUP. THE NATURE OF FRATERNITY HOUSES As fraternities have emerged in our neighborhood, I can confirm that movies like Animal House and Neighbors are not an exaggeration of the chaos that a fraternity house brings to a neighborhood. The Courts have repeatedly established that a fraternity house is a unique classification of housing that has an adverse effect on neighboring properties due to noise and other issues, therefore cities have specific zoning regulations associated with their placement in a community. There is a big difference between denser housing such as apartments or a boarding house and a fraternity house, and court rulings have consistently confirmed that fact. In Long Beach v. Sigma Alpha Epsilon, the court stated: “The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house... college spirit contemplates frequent gatherings with attendant boisterous conduct on occasions. The rush parties, the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house or an apartment.” City of Long Beach v. California Lambda Chapter of Sigma Alpha Epsilon, 255 Cal.App.2d 789. While a fraternity house is allowed in R-3 and R-4 zones in the City, the CUP must have conditions to address and mitigate the known issues related to a fraternity house, so it is not detrimental to the health, safety or welfare of those living and working in the neighborhood. Noise pollution (defined as an unwanted or disturbing sound) has been linked to health problems. Noise also disturbs a good night of sleep and causes difficulty falling asleep and 2 awakening, which lead to sleep deprivation and several other negative health consequences such as depressed mood, decreased cognitive performance, and fatigue1. We have many unpermitted “satellite” fraternity houses around our home, and there is one fraternity with a CUP at the end of our street. We can hear fraternity parties from our home, including at the fraternities on Foothill Blvd. Our neighborhood feels like a downtown bar district on many weekends because of the fraternity houses nearby. My husband and I have raised our sons here and our neighborhood has completely changed, especially over the past several years, specifically because of the proliferation of fraternity houses nearby. We have known and enjoyed our college-student neighbors and do not expect a perfectly quiet neighborhood. In fact, we loved the vitality of the mix of residents who lived here. When our sons were young, we carved pumpkins on our porch with college-student neighbors during Halloween season. I also participated in the production of a video for Cal Poly that was shown during W.O.W. week, promoting the relationship between long-term residents and our college student neighbors. But we no longer recognize our neighborhood, and it has become a nightmare because of the fraternity houses. I cannot begin to describe the adverse effect the “fraternity situation” has had on my and my family’s life, because we are unable to rest or enjoy our property much of the time due to the noise from fraternity houses. Fraternity parties are completely different from standard college-student parties, and fraternity house operations are completely different than standard college-student housing situations. Last year, Theta Chi fraternity moved into the rental house across the street and immediately had a fraternity party in their backyard with 700 people. At the same time, Sigma Pi fraternity moved into the rental house next door and had non-stop fraternity activities, drinking games, loud music and parties late at night, people coming and going, slamming doors, yelling throughout the night, and vomiting from their side deck near our bedroom windows due to overconsumption of alcohol. Fraternities are nocturnal operations and many of their events are centered around alcohol consumption.2 We did everything possible to work with the fraternity next door by texting them instead of calling SLOPD and we heard every excuse you can imagine. When we went over to break up an enormous fraternity party after one of their guests vomited in our front yard, some of the fraternity tenants told us that we don’t belong in this neighborhood and should move. Afterward, we decided we would no longer text them and would call SLOPD for their parties. Soon after, they received a noise citation while my husband was at work (he sometimes works nightshift) and they began harassing and cyberstalking me. Although their lease was not renewed for this year, they still dox me online, post untrue things using my full name on social media, advertise open parties at our home address, trespass onto our property near our bedroom window and say my name, and other creepy things that are caught on our video surveillance. I am not blaming this sort of activity on all fraternities. However, there is an overall entitlement that we have repeatedly experienced by many of the fraternity members in our neighborhood, that they have the right to have crazy parties whenever and however they want, and if we don’t like it, we shouldn’t live here. The unique nature of a fraternity house makes it important to set out clear terms in the CUP, from the beginning, so the fraternity and the neighborhood know what to expect. THE DIFFERENCE BETWEEN SORORITIES & FRATERNITIES Sororities are governed by the National Panhellenic Conference (NPC) and the NPC prohibits alcohol in sorority houses and the use of Panhellenic funds for alcohol, which means that sororities cannot host parties with alcohol in 1 Citation: Noise Pollution, Southern Medical Journal. https://docs.wind-watch.org/goineshagler-noisepollution.html 2 After a Cal Poly SLO fraternity pledge, Carson Starkey, died from alcohol poisoning, the National Interfraternity Conference sent industry experts to Cal Poly to conduct an in-depth assessment of the school’s Greek system, according to university records. … The assessment, prepared by fraternity executives, college administrators and a social worker… said alcohol was “a, and perhaps THE, defining factor” of Greek life. (“Cal Poly Brings Back Freshman Pledging After Lobbying ”, Bloomberg News, October 14, 2013.) 3 their houses. They can host social events at third-party venues but mostly, sororities at Cal Poly attend fraternity parties at fraternity houses in San Luis Obispo. The fraternity houses near our home have raging parties that host different sororities on weekends throughout the academic year. Nearly every weekend that Cal Poly is in session, we see and hear large groups of females walking to and from fraternity houses in our neighborhood. Cal Poly posted a report online that lists the “sanctioned events” of every fraternity and sorority at Cal Poly during the academic year 2022-2023, including the location of each party/event held by each fraternity and sorority.3 Every sorority party event listed in the report is at the addresses of a fraternity house in San Luis Obispo, including satellite fraternity houses, or an event at a third-party venue. This is in line with the NPC policy that prohibits parties with alcohol at sorority houses. Since sorority houses don’t host large, alcohol-fueled parties, they do not have the same impact and repercussions on the neighborhood as fraternity houses. HOURS OF OPERATION After reviewing the conditions outlined in the CUP, I noticed there are some important conditions missing, such as hours of operation. The existing CUPs for other Cal Poly fraternities state that no meetings or gatherings will take place between 10 p.m. and 9 a.m. This is a critical item, to ensure that noise from the fraternity doesn’t adversely impact the neighboring properties. I have attached the CUPs for every fraternity in San Luis Obispo, for your reference (Fraternity Report, pgs. 15- 50.) Of the seven CUPs for fraternities in the city, one fraternity (Sigma Nu) has two CUPs, so only six fraternities have use permits out of 18 fraternities in the IFC. Cal Poly does not provide on-campus housing for any of their fraternities and most fraternities have several houses at different addresses that operate as fraternity houses. Some CUPs for fraternities do not allow parties. For example, Sigma Nu’s CUP at 1304 Foothill, condition 11 prohibits parties except for two events per year for parents and alumni: “No hosted Greek events on the site shall be allowed (i.e. TG’s [themed gatherings], rush events, little sisters, etc.) One parents’ barbeque and one alumni barbecue may be held at the site each year. Not more than thirty-eight (38) persons may be present at either event, including fraternity members.” Condition 10 specifically prohibits the use of amplified sound at events. Condition 5 states, “No meetings or other gatherings involving persons other than fraternity members living on the site are allowed between the hours of 10 p.m. and 9 a.m.” and condition 3 strictly limits all fraternity activity to the house only, “for residential use”. Sigma Nu’s CUP was approved 30 years ago, and the number of fraternities at Cal Poly has increased since then, which has had a greater impact and more strain on our neighborhood. Wit h this increase, there is a responsibility to ensure that the known issues of a fraternity house are thoroughly addressed and not diluted in the CUP. The current Applicant, Lambda Chi Alpha, had a CUP for an address at 1292 Foothill Blvd. The CUP stays with the property, which is now occupied by Sigma Nu. The conditions include (condition 7) “No meetings, parties, or other types of similar activities involving persons other than the residents are allowed between the hours of 10 p.m. and 9 a.m., except as provided by the Community Development Director.” The CUP for Lambda Chi Alpha’s current application should include the same language. NOISE IMPACTS NEAR A LOW-DENSITY RESIDENTIAL NEIGHBORHOOD In Attachment B, the Applicant states that the property is located “steps from the Cal Poly campus” but it is important to note that it is also steps from an R-1 & R-2 residential neighborhood with many long-term residents and others who are impacted by the fraternity. (See neighborhood map, below) 3 The AB 524 Report is mandated by Assembly Bill 524: The Campus Recognized Fraternity and Sorority Transparency Act, and is posted on Cal Poly’s Greek Life webpage, beginning 10/1/2023, and annually thereafter. The report for this academic year (2023-2024) will be posted on 10/1/2024. 4 Fraternity parties on Foothill Blvd can be heard from blocks away. Noise travels throughout the neighborhood and it is difficult to tell where it is coming from unless you walk to the party to find the exact location. Many times, I have thought a party was the next block over, and was surprised it was at a fraternity three blocks away on Foothill Blvd. There are so many examples, but I’ll describe a recent incident on Memorial Day weekend which illustrates how we are affected by fraternity parties on Foothill Blvd. On 5/25/2024, we could hear loud music and a lot of yelling at around 2 p.m. It continued to get louder over the course of an hour, and we found it was coming from a fraternity a few blocks away at 1237 Foothill. We called SLOPD and were told that the party had already been issued a noise citation and SLOPD would go back to the party location. Two hours later, the thumping music and screaming could still be heard from our home. We went over to see if it was the same party, and it was. There were police officers sitting in two SLOPD units parked on Kentucky Ave , facing toward Hathway. People were climbing over the fence from Hathway to reach the backyard of 1237 Foothill. One officer said the fraternity had already been issued two noise citations, but the fraternity refused to stop the party! The officer had called his sergeant to respond so they could figure out what to do. We endured hours of thumping music and screaming from the fraternity party three blocks away from our home. 5 It has become more common for a fraternity to continue their loud party even after they’ve been issued a citation for a noise violation. Sometimes the party increases in size and volume and SLOPD is called again. The day after the party described above, on 5/26/2024, there was another large fraternity party at 1841 Slack for Zeta Beta Tau. The SLOPD dispatch log shows someone called SLOPD at 1:50 p.m. and a noise citation was issued with 70 people noted, but the party didn’t stop and continued to grow. At 2:30 p.m. another call was made to SLOPD issued another citation and noted 100+ people. Someone else called SLOPD from Hays & Graves, a block away, to report a large party heard in the area. After Zeta Beta Tau ended the party on Slack, they had a loud party at another of their documented satellite fraternity houses on Albert and received another noise citation. One does not expect a standard party to consist of 50-100+ loud, intoxicated people with blaring music heard blocks away, day and night, even in an R-4 zone, but that describes a standard fraternity party. There are also constant drinking games, yelling, chanting and profanity throughout the weekend, increased car and foot and traffic, to and from the fraternity parties, and intoxicated people screaming as they pass by. There is no escape if you live nearby. The only way to have any order is to set out detailed conditions in the CUP, that address the hours of operation and noise impacts in a meaningful way, and to enforce the CUP. I have attached a 2-minute video with series of videos in the past few weeks including:  A short clip of the Theta Chi party at 1237 Foothill on 5/25/2024, taken from a block away in an R-1 zone.  The video that was posted by Theta Chi fraternity beforehand, advertising the party that took place at 1237 Foothill on Saturday 5/25/2024.  The video that was posted by a Zeta Beta Chi fraternity advertising a party that took place at 1841 Slack on Sunday 5/26/2024.  The video posted by a Phi Sigma Kappa fraternity advertising a party beforehand that took place at 348 Hathway on 5/18/2024.  Video taken of the party at 348 Hathway on 5/18/2024. If the attachment doesn’t work here’s a link: https://vimeo.com/955676812?share=copy We have dozens of videos and, unfortunately, have become increasingly frustrated over the past two years due to lack of action by the City. I’ve attached video with some snippets from various fraternity parties for one fraternity house so you can get an idea of the noise impact from a fraternity house. Link: https://vimeo.com/955760836?share=copy People who live in our neighborhood can’t get away from the constant noise and disruptions that are specifically from fraternity houses in our neighborhood unless we leave our home. And when a party is at night and keeps us awake, we must get out of bed, get dressed, and go find the party to get an address to call SLOPD. There needs to be conditions added to Lambda Chi Alpha’s CUP to better define the fraternity operation, so everything is clear from the beginning, for the benefit of the fraternity and the impacted neighborhood. FOUR STRIKES The CUP should include a condition that outlines a threshold for noise violations, which triggers a review of the CUP. For example, “If four noise citations are issued to the property within 12 months - including a cumulative total of all addresses within the same parcel - the conditional use permit shall be reviewed by the Planning Commission. The Planning Commission may add, delete or modify the conditions of approval or may revoke the use permit.” Condition 3 of the proposed CUP says the CUP “shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to the fraternity use has occurred.” 6 1. One complaint should satisfy this condition, instead of multiple complaints, so that word should be changed from “complaints” to “complaint” in condition 3. 2. It is highly unlikely that the city will write a complaint. The city has not been proactive whatsoever about regulating fraternity operations for at least a decade, when it was documented that there were illegal fraternity houses on Hathway, after a roof collapsed during St. Fratty’s Day. In my report given to Ms. Tway and Mr. Mezzapesa, I pointed out the ongoing violations of the existing CUPs at fraternity houses, but the city did not take any action against the CUPs. For example, Alpha Gamma Rho has been suspended by Cal Poly for two years and is not in good standing, which is automatic grounds for revoking their CUP, but when last I heard, their CUP was not revoked. 3. Residents are reluctant to come forward to file a written complaint and risk being targeted by the fraternity. Several of my affected neighbors have expressed fear about that. Some have contacted Mr. Mezzapesa but will not file a written complaint because they are afraid of retaliation. 4. My husband and I finally made a written complaint against a fraternity CUP in early February based on ongoing violations, including six noise citations / two unruly gatherings in 10 months. No action has been taken by the city. It’s been over four months since the complaint was filed, and the fraternity has received more noise complaints and has been issued at least four more noise citations since then. It makes more sense to have a certain number of strikes (citations) outlined in the conditions, and when that is surpassed, the CUP shall be reviewed by the Planning Commission. A WRITTEN COMPLAINT REFERRED TO PLANNING COMMISSION WITHIN SPECIFIED TIME If a substantiated written complaint is received, the CUP should set forth a timeline for referral to the Planning Commission, for example, within 30 days. LIVE BANDS, DJs, and AMPLIFIED MUSIC Chapter 9.3 of the SLOMC defines the prohibition of unruly gatherings (URG). Unpermitted live bands, DJs and amplified music fall under the URG definition (Section 9.13.020 E) yet are extremely common at a fraternity house. Unfortunately, SLOPD does not often cite live bands, amplified music, and/or DJs as unruly gatherings. Also, Community Development enforces the terms of the CUP and SLOPD does not. The CUP should include a condition that prohibits unpermitted live bands, DJs and amplified music. Although it is already recognized in the SLOMC, other provisions of the SLOMC are listed as conditions of the CUP, and are also covered by the SLOMC, such as the loss of the CUP if the fraternity loses its standing which is specified under SLOMC (17.86.130 A.3). Listing unpermitted bands, etc. as a condition will underscore the importance especially as it pertains to a fraternity house, as this law is commonly violated. If they don’t plan to have unpermitted live bands, DJs and amplified music, then they should not object to having this condition in their CUP. CUMULATIVE CITATIONS FOR FRATERNITY OPERATIONS ON SAME PARCEL Assessor’s Parcel Number (APN) 052-071-030 includes all the addresses in this application for the CUP. If a noise citation is issued to the fraternity, regardless of whether it is for any one of the listed six addresses on the parcel, the citation should accumulate against the APN, not each separate address. The fine for a noise citation increases for each citation written as follows: 1st noise citation, $350, second noise citation, $700, third and subsequent noise citation, $1,000. After nine months without a citation, the fine reverts to $350. When there are multiple addresses on the same parcel, each address is treated separately, so their first citation is $350 for each address. This is because there is a presumption that unrelated groups of people reside at each separate addresses, so it would not be fair to hold one group responsible for the other group’s behavior. However, Lambda Chi Alpha is applying for a CUP as a single entity / fraternity to occupy all addresses on the parcel. Therefore, the fraternity should be held responsible for noise citations cumulatively for the same parcel. 7 NEIGHBORHOOD PLAN Most CUPs for other fraternities include a “neighborhood relations plan” with annual training. At the very least, the fraternity should be made aware of the terms of their CUP every Fall so they understand their responsibilities. NOISE HISTORY OF LAMBDA CHI ALPHA AT THIS LOCATION Since Lambda Chi Alpha has been operating at 1264 Foothill, there have been numerous calls to SLOPD for noisy parties. The fraternity was issued a noise citation at 3:45 a.m. on St. Fratty’s Day, 3/16/2024. Prior to St. Fratty’s Day, in anticipation of the potential for early morning disruptions in the neighborhood, city representatives met with Greek life leaders at Cal Poly and specifically warned them about their participation in St. Fratty’s Day. SLOPD also did not allow fraternities to register parties on 3/16/2024, St. Fratty’s Day. Still, Lambda Chi Alpha received two noise citations at this property early that morning. One week earlier, on 3/10/2023, the fraternity held an event called “SLO Jam” with multiple unpermitted live bands on the property, which is against the law in all residential neighborhoods in San Luis Obispo. The fraternity originally planned to hold the event at a satellite house on Albert Drive, but code enforcement told them and the property owner that live bands are not allowed in any residential neighborhood, and they would receive a code violation if they held the event. Instead of canceling the event, the fraternity moved it to 1264 Foothill and held the event anyway with several unpermitted live bands. Less than five months earlier, on 10/27/2023 at around 10 p.m. my husband and I witnessed hundreds of people in Halloween costumes streaming out of the house and yard at 1264 Foothill Blvd. SLOPD had blocked off a lane of traffic on Foothill Blvd to clear out an out-of-control party at the fraternity house and there were many officers, including bicycle officers, on scene, escorting people off of the property. On 7/14/2023 at 12:30 a.m. the property at 1264 Foothill was cited for a noise violation, and a month earlier, on 6/17/2023 at 11:23 p.m., they received another noise violation. The property at 1241 Monte Vista was issued a noise violation on 2/3/2023 at 10:11 p.m. and had multiple other noise complaints since Fall 2022. 1243 Monte Vista received a citation on 12/2/2023. 1249 Monte Vista had a report filed by SLOPD for a noisy party on 11/15/2022. 1251 Monte Vista had noise violations on 12/3/2022, 12/8/2023, and another on 3/16/2024 at 3:30 a.m., St. Fratty’s Day. This is not a quiet property. The neighbors are negatively impacted by the noise and other fraternity activity. To put this in perspective, most addresses in our neighborhood don’t have a single noise violation but most of the fraternity houses have had multiple noise violations. Please don’t normalize the disruption of a fraternity house just because it’s near campus, because it’s also near our lower-density residential neighborhood. The CUP should address and mitigate the impacts of the fraternity operation, consistent with the CUPs for other Cal Poly fraternities, to ensure that the fraternity members understand the responsibilities toward their neighborhood. Thank you for your consideration and time. Best Regards, Kathie Walker 63 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:12 AM To:CityClerk Cc:Hanh, Hannah; Tway, Timothea (Timmi) Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Rowley - Walker, S. - Eidelman - Walker, K. - White Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 69 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:13 AM To:Linda White Cc:CityClerk Subject:RE: Foothill Fraternity Hi Linda, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Linda White < Sent: Friday, October 11, 2024 10:06 PM To: CityClerk <CityClerk@slocity.org> Subject: Foothill Fraternity This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Many years ago I gave up on being involved in city council affairs because I realized that the city council members had already decided what they wanted before they heard public input. Decisions were made to appease the Cal Poly and business communities. I am writing today to express my support for the dwindling number of permanent residents in San Luis Obispo. The fraternity on Foothill Boulevard should not receive an exemption to the City Noise Ordinance. The ordinance is there to preserve what little peace and comfort we can still enjoy in what has become Isla Vista North. Linda White Sent from my iPad 70 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:12 AM To:CityClerk Cc:Hanh, Hannah; Tway, Timothea (Timmi) Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Rowley - Walker, S. - Eidelman - Walker, K. - White Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 71 From:McDonald, Whitney Sent:Monday, October 14, 2024 9:12 AM To:Tway, Timothea (Timmi) Subject:FW: Reference Staff Response FYI From: Sandra Rowley < Sent: Saturday, October 12, 2024 9:18 PM To: McDonald, Whitney <WMcDonal@slocity.org>; Dietrick, Christine <cdietric@slocity.org> Subject: Reference Staff Response This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Whitney and Christine, I am looking for a specific citation in the California Constitution or elsewhere that supports the following comments in the Staff Report, REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024), specifically as it refers to the Staff Response on pages 518 and 519 of the staff report, which state as follows: People in private residences (e.g., residents of the fraternity) are legally allowed to gather and meet with guests without government interference into their private residences, relationships, and associations, provided that the number and conduct of those residents and guests conform to applicable regulations. Due to constitutional concerns with placing a condition that limits the type of people in private residences ( i.e., residents vs. nonresidents), Condition No. 14 was written to directly address noise concerns by identifying an extended range of hours between 10:00 p.m. and 9:00 a.m. for regular compliance with a lower exterior noise limit. Due to constitutional concerns regarding government interference into private residences, relationships, and associations, staff does not recommend adding or revising a condition to limit the type of people in private residences. This appeal issue is addressed through incorporation of Condition No. 14 as well as requirements and enforcement actions detailed in Chapter 9.12 (Noise Control), Chapter 9.13 (Unruly Gatherings), and Chapter 9.22 (Safety Enhancement Zones). It would also be helpful to know 1) the context in which "government interference" is used; 2) if "type" refers to race, sex, color, creed, ethnicity, or national origin rather than a general term like non-resident; and 3) if "into their private residence" includes the outside areas. The only information I have been able to find in the California Constitution that involves the right for people to assemble, was in Article 1 Declaration of Rights, Section 3a where it says "The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good." Thank you so much for your assistance! Sandy Rowley 85 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 9:12 AM To:CityClerk Cc:Hanh, Hannah; Tway, Timothea (Timmi) Subject:10/15/2024 City Council Meeting - Agenda Correspondence Item 6b BCC: Agenda Correspondence Group Hello, Please see the agenda correspondence folder to read the submissions below, received for the October 15th City Council Regular Meeting. Item 6b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024) - Rowley - Walker, S. - Eidelman - Walker, K. - White Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications 86 From:Wilbanks, Megan Sent:Monday, October 14, 2024 8:51 AM To:Tway, Timothea (Timmi) Cc:Hanh, Hannah; Corey, Tyler; CityClerk Subject:RE: Correspondence from RQN Hey Timmi, Andrea just logged the correspondence received over the weekend in Laserfiche and will be sending out a link shortly. It’s our practice to include the report-writer(s) and their Department Director when we send those notifications out, so you’re aware if a response is needed. From: Purrington, Teresa <TPurring@slocity.org> Sent: Monday, October 14, 2024 8:47 AM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Wilbanks, Megan <mwilbanks@slocity.org> Cc: Hanh, Hannah <hhanh@slocity.org>; Corey, Tyler <tcorey@slocity.org> Subject: RE: Correspondence from RQN Probably easier if I forward the emails to you . From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Monday, October 14, 2024 8:45 AM To: Purrington, Teresa <TPurring@slocity.org>; Wilbanks, Megan <mwilbanks@slocity.org> Cc: Hanh, Hannah <hhanh@slocity.org>; Corey, Tyler <tcorey@slocity.org> Subject: Correspondence from RQN Hi Teresa and Megan, Whitney just let me know that some correspondence from RQN came in over the weekend about the Fraternity appeal item, some of which we may want to respond to in an agenda correspondence. Can you link us to this correspondence? Thank you so much! Timmi Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 87 From:Purrington, Teresa Sent:Monday, October 14, 2024 8:48 AM To:Tway, Timothea (Timmi); Corey, Tyler; Hanh, Hannah Subject:FW: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit From: Sandra Rowley < Sent: Saturday, October 12, 2024 11:41 AM To: Stewart, Erica A <estewart@slocity.org>; Marx, Jan <jmarx@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org> Cc: E-mail Council Website <emailcouncil@slocity.org> Subject: SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Mayor Stewart and Members of the Council, First of all, RQN appreciates that Lamda Chi Alpha applied for this Conditional Use Permit - an action many other fraternities have not taken. Please keep in mind during your review and deliberation that Lamda Chi Alpha is first of all a residence that is located in a neighborhood. The area in which it is located contains seniors, families, and children as well as college students. It is not adjacent to or part of the downtown which comes alive from before 8 a.m. until after 2 a.m., nor is it in an identified entertainment zone. The staff report implies that the Conditional Use Permit (CUP) is different from previous fraternity CUP’s because they were issued several years ago. However, we contend that it is different because it was based on more recent CUP’s that were issued to two sororities, Delta Gamma and Alpha Omicron Pi. Sororities vs Fraternities Why should fraternity CUP’s be different from sorority CUP’s? The National Panhellenic Conference requires sororities to hold alcohol-free events and prohibits Panhellenic funds from being used to buy alcohol. Fraternities do not have this restriction. As a result, sororities hold many events at fraternities or at third-party venues; thus, events held at sorority houses are not as disruptive as those held at fraternity houses and do not need the added conditions. For example, during the 2023-2024 academic year six (6) fraternities had 37 noise complaints while nine (9) sororities had 2 noise complaints. By the way, there is no reason that fraternities cannot also host parties and other large gatherings at third-party venues; fraternities at other CSU’s do this. The changes made to Noise Control (updating fine amounts), Unruly Gatherings (clarifying components) and the Safety Enhancement Zones (adding holidays) do not compensate for the conditions placed in other fraternity CUP’s that were omitted from this one. Those conditions should be restored. Additionally, five of six CUP’s currently in effect, including the previous one for Lamda Chi Alpha, restrict the number of persons allowed on the site between 10 p.m. and 9 a.m. The new Resolution, No. PC-1085-24, allows a maximum 48 people at routine meetings and gatherings. However, no time of day is specified, thus allowing 48 people to be on-site between 10 p.m. and 9 a.m. Forty-eight people gathering outside during nocturnal hours can, and often do, make a considerable amount of noise, and this is a residential neighborhood. The Current Condition 14 states: The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9. 12. 060 (Exterior Noise Limits) between the extended hours of 10: 00 pm and 9:00 am, except as approved in writing as a special event by the Community Development Director. 88 This allows 48 people on-site during the extended hours without a special event permit. In this part of town, especially at this time of night, adherence to the noise ordinance is critical. MC 17.86.130 B.1., Required Findings, Fraternities and Sororities, states: “As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood.” (emphasis added) 1. Replace Condition 14 to read: “No meetings or other gatherings involving persons other than the 24 fraternity members living on the site are allowed between the hours of 10 p.m. and 9 a.m., except as approved in writing as a special event by the Community Development Director.” Current Condition 16 states: Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. However, MC 9.12.040 General noise regulations states: “Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area. No permit shall be issued for any activity that may violate this section.” (emphasis added) Amplified music from bands or DJ's can be disturbing not only to neighbors nearby, but also to those living several streets away from the site where it is occurring, and it definitely disturbs the peace and quiet of a neighborhood. 2. Replace Condition 16 to read: “No events involving the use of amplified sound equipment shall be allowed.” Authority and Duties of the Noise Control Office(r) (NCO): MC 9.12.30 states: “The noise control program established by this chapter shall be administered by the community development department (administration/special exceptions of time periods greater than forty-eight hours/ zoning enforcement) and the police department (noise violation enforcement/special exceptions of time periods less than forty-eight hours).” (emphasis added) It is unclear to whom one would go for the Special Event Permit. Initially to the Community Development Director who then provides it to the Police Chief for action or to the Police Chief who then coordinates with the Community Development Director? Limitation on Gatherings: We are confused about the discussion in the staff report since MC 17.86.130 specifies a Required Finding that conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking and limit potential disturbances to neighboring properties. In addition, other fraternity CUP’s contain the same or similarly worded restrictions. (emphasis added) Threshold: Reference Condition 3 to provide a threshold to automatically trigger Planning Commission review. Why is an automatic threshold needed? Two written complaints have been sent to the Community Development Department concerning the same fraternity, one in February 2024 (6 noise violations/unruly gatherings in 10 months) and one in June 2024 (included an additional 5 complaints, some with 100 people). Thus far no Planning Commission meeting has included review of the fraternity’s CUP. The Planning Commission suggested a “four strikes” threshold within 12 months, whereby the CUP would automatically be reviewed by the Planning Commission if the fraternity received four violations of the City’s noise ordinance or property maintenance regulations within 12 months. > The previous CUP for 1264 E. Foothill included an equivalent provision in Condition 10: “Use permit shall be reviewed if the City receives any reasonable written citizen or Police or Fire Department complaints, or if two convictions are received for violations of the City's noise or property maintenance regulations within a six-month period. It also stated: In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition 89 requiring fraternity officers to perform a community service project in the neighborhood.” > The new CUP revised that condition, now Condition 3, to state: “The Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources ( e. g., calls for service) applicable to the fraternity use has occurred. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, the conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked.” This new CUP places the burden of writing up a complaint on City staff as well as on residents. Code Enforcement (the Community Development Department) knows, and has documentation, of violations of property maintenance standards and the outcome, and the Police Log shows when there has been a DAC or citation issued to a fraternity and the Police Department knows if it was or was not successfully appealed. These “proofs” can be used in lieu of written complaints and, hopefully, be referred to the Planning Commission in a timely fashion if a threshold of violations is established to trigger review. Written complaints could still be accepted, just not be the only form of input required. Recommend revising Condition 3 to read: 3. The Conditional Use Permit shall be reviewed by the Planning Commission if and when the fraternity receives four violations of the City’s noise ordinance, or four property maintenance violations, or a combination of the two equaling four violations within 12 months. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, the Planning Commission may add or modify conditions of approval, or revoke the Conditional Use Permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform one or more community service projects in the neighborhood. Accumulation of Violations against the Parcel The Planning Commission suggested that violations should accumulate against the parcel instead of against each of the six individual addresses since it is one parcel, one CUP and the property is occupied exclusively by the fraternity. This was also suggested in written and oral comments. However, this condition was not included. The Staff Report is correct that the Conditional Use Permit regulates activities for the entire parcel – as it relates to property maintenance violations. This is not just because of the CUP, but also because the Community Development Department also deals with a property using their APN. However, the Police Department addresses noise violations by street name and number. For example, this property, which was subject to a CUP from 2001-2021, received noise citations at 1264 and 1264 ½ Foothill separately; therefore, the citation fines were not cumulative against the property. With six addresses and two streets as part of this parcel it is conceivable that separate addresses could all be issued “first citations” for noise ($350) instead of subsequent ones that carry a higher penalty without them ever being attributed to the parcel as a whole. That was the rationale for requesting a condition be added to attribute noise violations for any of these addresses to the main house at 1264 East Foothill. We believe a condition so stating is consistent with holding the fraternity collectively responsible for their activities. Recommend a new condition: 4. All dwellings on the property, regardless of street address, shall be considered as Lamda Chi Alpha. Any violation of the Municipal Code (or, if preferred, Any violation of the noise ordinance), regardless of the dwelling unit where it occurred, shall be considered a violation by the fraternity and assigned to the main house at 1264 East Foothill and/or this CUP. Compliance with Conditions and with Federal, State, and Local Law This “catch-all” condition is included in most of the existing CUP’s, including the previous one for Lamda Chi Alpha; it reinforces the conditions, the law, and the potential affect of the fraternity’s actions on people in the surrounding area. Recommend new condition: 5. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State or local law, or so as to constitute a public nuisance, or so as to cause adverse impacts on the health, safety or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for the revocation of this permit. 90 Last thoughts Land Use Element Policy 2.1, Neighborhood Focus: “The City shall preserve, protect and enhance the City’s neighborhoods and strive to preserve and enhance their identity and promote a higher quality of life within each neighborhood.” Since the CUP goes with the land we wanted to look to the future as well as the present. As the most recent fraternity CUP, we think this could be used as a template for future fraternity CUP’s. Today it’s about the quality of life for everyone living or working in the Alta Vista Neighborhood. Tomorrow it may also include Neighborhoods North of Foothill or other city neighborhoods. Thank you for your time and attention. Respectfully submitted, Sandra Rowley 91 From:Purrington, Teresa Sent:Monday, October 14, 2024 8:48 AM To:Tway, Timothea (Timmi); Corey, Tyler; Hanh, Hannah Subject:FW: 6.b. Appeal for a Fraternity CUP at 1264 Foothill From: Steven Walker < Sent: Saturday, October 12, 2024 2:56 PM To: Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Subject: 6.b. Appeal for a Fraternity CUP at 1264 Foothill This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Councilmembers, I must respond to the City staff’s report, beginning with Appeal Issue Number 4. City staff says that setting a threshold of violations within a certain timeframe that triggers a review of the CUP by the Planning Commission somehow prohibits staff from referring the CUP to the Planning Condition for re-review upon receipt of any substantiated violation or frequency of violations. I’ve read the appeal, and nothing is suggested to prevent staff from referring the CUP to the Planning Commission at any time if a provision is added for a threshold of violations that trigger a review. It could be two violations in six months or four violations in twelve months. These are not permissive or excusable but require some form of action when the threshold of violations is met. It makes the condition more effective. Here are the historical facts: 1. Every fraternity CUP currently has multiple documented violations of its conditions. 2. Despite these multiple violations, city staff, including those listed in Condition 3 (Code Enforcement Officer, Fire Department, or Police Department) have never written a complaint against a CUP for re-review by the Planning Commission. It seems the responsibility for writing a complaint is left to the residents, if you leave the condition as it is, without a trigger for review. 3. Many residents are afraid to file a written complaint because of potential retaliation from fraternity members. This is a realistic fear because several residents have had their property vandalized or faced other repercussions when fraternity members suspected their neighbor called SLOPD to report a noisy party. One neighbor had their car 92 vandalized and others have been cussed out by fraternity members after noise citations were issued to fraternities near their homes. An unofficial fraternity house for Sigma Pi moved in next door to our family and members began cyberstalking my wife 24 hours after they received a noise citation for a noisy party, and I was away at work. Among other things, they posted ads on Craigslist advertising “free” items at our house and made appointments for people to come to our home. For months afterward, they incessantly teased and harassed our dog, yelled “F#ck you!” toward our home randomly, day and night from a side deck adjacent to our bedrooms and kitchen, banged on trash bins filled with empty bottles for several minutes in the middle of the night after moving them close to our bedroom windows, and can be heard admitting it was done to harass us. We have the video. Our property was also vandalized. Nearly a year after the fraternity members moved out, someone related to the fraternity trespassed onto our property, walked up to our bedroom window, called out my wife’s name, then walked away. Afterward, they are seen and heard on our video surveillance saying they “are friends with the Sigma Pi guys who lived here last year.” Our home address was repeatedly posted on social media, for example, advertising a party at 5 a.m. on St. Fratty’s Day at our address. There are too many incidents to list and the harassment has continued, even though the fraternity members moved out in June 2023. The repercussions experienced by our family and our neighbors were based on suspicions by fraternity members because of the fraternity's proximity to their neighbors. There was no way for the fraternity members to know positively that we, or our neighbors, called SLOPD but their suspicions drove them to take these actions. For these reasons, it is not reasonable to rely on a written complaint by a resident against a fraternity’s CUP. 4. I wrote a complaint for repeated violations of a fraternity’s CUP, and no action was taken. A fraternity with a CUP is located a block from my home, at the end of my street. There are constant noisy parties with hundreds of guests at the fraternity. My wife and I have spoken to the fraternity members several times during noisy parties. In the nine months between 3/18/2023 and 12/3/2023, SLOPD issued six noise citations to the fraternity, including two unruly gatherings with hundreds of people. On 2/5/2024, I submitted a written complaint to Community Development Director, Timmi Tway. It has been over eight months, and the written complaint has not been forwarded to the Planning Commission. (!!!) Community Development did not contact the fraternity about the complaint filed on 2/5/2024 and the fraternity continued to have large, noisy parties. Between 2/10/2024 and 6/8/2024, SLOPD issued five more noise citations to the fraternity, some with 100 people. We filed another written complaint on 6/3/2024 citing four additional citations since the previous written complaint made on 2/5/2024. Neither written complaint has been forwarded to the Planning Commission. Within that time frame, several Planning Commission meetings were canceled because there was nothing on their agenda. Community Development should have taken care of the matter soon after the first written complaint was filed on 2/5/2024. We contacted Community Development multiple times because of the ongoing, noisy parties at the fraternity after we filed our written complaint. The city’s code enforcement supervisor, John Mezzapesa, said that the written complaint was given to Tyler Corey to handle, and he was working on it, but Mr. Corey didn’t do anything. It’s been over 8 months, and the Planning Commission has still not received my complaint(s). Let's be honest. It is not realistic to believe that Community Development will be proactive in filing a complaint and refer a fraternity to the Planning Commission for re-review, especially after one violation, as they suggest in their response. An existing CUP for a fraternity says that any written complaint will be forwarded to the Planning Commission within one week of receipt. In addition to adding a threshold for violations, I feel it is important to have a deadline in Condition 3 for forwarding a complaint to the Planning Commission after it is received. During the Planning Commission hearing on 6/12/2024, Commissioner Kahn suggested a threshold of four violations within 12 months as a trigger for review. As the city staff was drafting new conditions, Commissioner Kahn again emphasized adding that condition, and staff told him that it was already covered by Condition 3. However, there is a 93 distinct difference between requiring a written complaint and having a threshold of violations to trigger a review of the CUP. Setting a threshold of violations of the CUP within a specified timeframe guarantees there will be a review at some point if the fraternity reaches that threshold. It does not require a written complaint from a resident, though a resident may still write a complaint. But as I’ve described, many affected residents do not feel comfortable doing so. It does not rely on Code Enforcement, Fire, or SLOPD to file a complaint, though they may still do so. But City Staff has not asked for a review of any fraternity’s CUP even though every fraternity CUP has had multiple ongoing violations for several years. It does not prevent staff from asking for a review sooner, after one violation, if they choose to do so. But realistically they will not do so considering fraternities have many ongoing violations of their CUPs and no review has ever been requested by city staff. A condition with a threshold of violations that trigger a review by the Planning Commission should be added to the CUP. It protects the health, safety, and well-being of the neighborhood and holds the fraternity responsible for the conditions of their CUP. Adding Conditions to the CUP to Make Things More Clear to the Fraternity: In response to Appeal Issue No. 1, where the appeal asks for specific conditions related to realistic problems of a fraternity use in a residential neighborhood that are listed in other fraternity CUPs, staff says that adding conditions to the CUP is not necessary because the SLOMC has had “incremental improvements” between 1983 and 2013 that directly address concerns related to noise, etc. The “improvements” include updating unrelated things like adding days to the safety enhancement zone or updating fine amounts for citations. It seems disingenuous to imply that these changes justify omitting useful conditions that are included in other fraternity CUPs. Those conditions strengthen the CUP and help to clarify the conditions to the fraternity. When the other CUPs were drafted, the city also had a noise ordinance, residential occupancy requirements, etc. but the Planning Commission included certain conditions to emphasize the fraternity’s obligation to follow the noise ordinance and other laws. These added conditions outline the fraternity’s responsibility to the neighborhood and the consequences for violation of the CUP. Spelling out these specific conditions is beneficial because they clarify common issues related to a fraternity’s use, especially related to its location in a residential neighborhood. When the conditions are documented in a CUP it is less likely that there will be confusion by the fraternity about relevant laws and conditions. I brought up this issue during public comment at the Planning Commission hearing and the commissioners agreed that specifically mentioning the noise ordinance and “quiet hours” is important, even though it’s already in the city’s noise ordinance. It would also be helpful if the Community Development Department met with each fraternity at the beginning of the academic year to review the conditions in the CUPs so there is a clear understanding of the specific conditions. Special Event Permits and Violation of the City’s Noise Ordinance : In response to Appeal Issue No. 2, staff says the municipal code allows the noise control officer to grant exceptions for the fraternity to violate the noise ordinance if deemed appropriate. 94 I don’t understand how it can ever be deemed appropriate for a fraternity to violate the noise ordinance. This is a residential neighborhood. The noise ordinance ensures that every residential neighborhood is protected from unhealthy levels of noise and allows people to rest when needed. It doesn’t make sense that there is a carve-out for a fraternity to violate the law with what the staff’s report refers to as “amplified noise-generating activity”. It is harmful to even suggest a condition that grants an exception of the law to fraternities so they can have a party or multiple parties each year in a residential neighborhood. My work schedule includes long shifts, ranging from 12.5 to 14 hours, and switches between days and nights. I also work on weekends. I depend on a quiet environment at home to sleep between my shifts. As an EMS pilot, it would be unsafe for me to work if I am not rested. It’s unbelievable to imagine that the city would allow noisy parties that would potentially disturb its neighbors and interrupt our ability to sleep. The fraternity brings in a lot of money from its members and can afford to hold larger, amplified, noisy events at a third-party venue. Cal Poly should explore the possibility of providing a venue for their Greek life organizations to hold events on campus. I’ve attended several events on campus at various facilities and they were well done, with catering and other amenities. Cal Poly needs to start taking more responsibility for its fraternities. Cal Poly has recently recruited four more fraternity chapters to its campus without housing provisions for the location of their fraternity houses. Each of those new fraternity chapters is illegally located in R-1 and R-2 neighborhoods and hosts fraternity events. Still, Cal Poly continues to recruit even more fraternity chapters to its campus and the impact of fraternity activities on our neighborhoods continues to increase. There are now 19 fraternities in the IFC and only 6 have CUPs. This CUP is setting a precedent for other fraternity CUPs and there should NOT be a condition that allows fraternity parties to violate the noise ordinance in a residential neighborhood under any circumstances. Cal Poly has only been in session for a month and Lambda Chi Alpha at 1264 Foothill has already had several noise complaints and two noise citations in the past two weeks for noisy parties after 10 p.m. One of the noise citations says there were 70 people at the fraternity party. The CUP for 1264 Foothill says that occupancy is limited to 48 people unless they have a special event permit. The fraternity doesn't seem to care about the conditions in its CUP or their impact on the neighborhood. A month ago, the police log described a party in the front yard with a sign that said, "You honk, We drink". That party wasn't cited. Considering the documented issues related to fraternities in general, for the protection of the neighborhood and surrounding neighbors, and considering the fraternities’ lack of understanding of the current conditions of their CUPs and laws, I respectfully request that you uphold the appeal and add conditions to the fraternity’s CUP to make it more effective and clear for the fraternity. It also sets a precedent for future CUPs so it’s important to get it right. Thank you. Sincerely, Steve Walker 101 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 8:35 AM To:Jeff Eidelman Cc:CityClerk Subject:RE: Tuesday night’s meeting Hi Jeff, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications -----Original Message----- From: Jeff Eidelman < Sent: Monday, October 14, 2024 1:38 AM To: E-mail Council Website <emailcouncil@slocity.org> Subject: Tuesday night’s meeting This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ________________________________ Although I am currently not home, I want to make a few comments on the noise issues with the frat houses on the 1200 block of Foothill. Over the last year I have contacted the Police about a dozen times for an all afternoon, loud raucous parties coming each week from this area. I live off of Kentucky and Hathway and the decibel level far exceeds 85 db according to the app on my phone. Once the police went out three times in one day and the students attempted to intimidate the police, due to their numbers. What city staff says is an exception to the rules is truly BS, pardon my French. The citizens of San Luis Obispo should not have to put up with this kind of noise level and it is certainly not impinging on any students ‘rights’ to attend Cal Poly. I beg you to repudiate this ridiculous request to allow these fraternities to blow us all away. How many times, in how many years do we have to keep asking for reasonable rules and regulations to have normalcy in our neighborhoods? Thank you Jeff Eidelman San Luis Obispo Sent from my iPhone, where typo's are now the rule, not the exception! 102 From:Colunga-Lopez, Andrea Sent:Monday, October 14, 2024 8:35 AM To:Steven Walker Cc:CityClerk Subject:RE: 6.b. Appeal for a Fraternity CUP at 1264 Foothill Hi Steven, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for the upcoming meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Steven Walker < Sent: Saturday, October 12, 2024 2:56 PM To: Marx, Jan <jmarx@slocity.org>; Stewart, Erica A <estewart@slocity.org>; Pease, Andy <apease@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; E-mail Council Website <emailcouncil@slocity.org> Subject: 6.b. Appeal for a Fraternity CUP at 1264 Foothill This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Mayor Stewart and Councilmembers, I must respond to the City staff’s report, beginning with Appeal Issue Number 4. City staff says that setting a threshold of violations within a certain timeframe that triggers a review of the CUP by the Planning Commission somehow prohibits staff from referring the CUP to the Planning Condition for re-review upon receipt of any substantiated violation or frequency of violations. 103 I’ve read the appeal, and nothing is suggested to prevent staff from referring the CUP to the Planning Commission at any time if a provision is added for a threshold of violations that trigger a review. It could be two violations in six months or four violations in twelve months. These are not permissive or excusable but require some form of action when the threshold of violations is met. It makes the condition more effective. Here are the historical facts: 1. Every fraternity CUP currently has multiple documented violations of its conditions. 2. Despite these multiple violations, city staff, including those listed in Condition 3 (Code Enforcement Officer, Fire Department, or Police Department) have never written a complaint against a CUP for re-review by the Planning Commission. It seems the responsibility for writing a complaint is left to the residents, if you leave the condition as it is, without a trigger for review. 3. Many residents are afraid to file a written complaint because of potential retaliation from fraternity members. This is a realistic fear because several residents have had their property vandalized or faced other repercussions when fraternity members suspected their neighbor called SLOPD to report a noisy party. One neighbor had their car vandalized and others have been cussed out by fraternity members after noise citations were issued to fraternities near their homes. An unofficial fraternity house for Sigma Pi moved in next door to our family and members began cyberstalking my wife 24 hours after they received a noise citation for a noisy party, and I was away at work. Among other things, they posted ads on Craigslist advertising “free” items at our house and made appointments for people to come to our home. For months afterward, they incessantly teased and harassed our dog, yelled “F#ck you!” toward our home randomly, day and night from a side deck adjacent to our bedrooms and kitchen, banged on trash bins filled with empty bottles for several minutes in the middle of the night after moving them close to our bedroom windows, and can be heard admitting it was done to harass us. We have the video. Our property was also vandalized. Nearly a year after the fraternity members moved out, someone related to the fraternity trespassed onto our property, walked up to our bedroom window, called out my wife’s name, then walked away. Afterward, they are seen and heard on our video surveillance saying they “are friends with the Sigma Pi guys who lived here last year.” Our home address was repeatedly posted on social media, for example, advertising a party at 5 a.m. on St. Fratty’s Day at our address. There are too many incidents to list and the harassment has continued, even though the fraternity members moved out in June 2023. The repercussions experienced by our family and our neighbors were based on suspicions by fraternity members because of the fraternity's proximity to their neighbors. There was no way for the fraternity members to know positively that we, or our neighbors, called SLOPD but their suspicions drove them to take these actions. For these reasons, it is not reasonable to rely on a written complaint by a resident against a fraternity’s CUP. 4. I wrote a complaint for repeated violations of a fraternity’s CUP, and no action was taken. A fraternity with a CUP is located a block from my home, at the end of my street. There are constant noisy parties with hundreds of guests at the fraternity. My wife and I have spoken to the fraternity members several times during noisy parties. In the nine months between 3/18/2023 and 12/3/2023, SLOPD issued six noise citations to the fraternity, including two unruly gatherings 104 with hundreds of people. On 2/5/2024, I submitted a written complaint to Community Development Director, Timmi Tway. It has been over eight months, and the written complaint has not been forwarded to the Planning Commission. (!!!) Community Development did not contact the fraternity about the complaint filed on 2/5/2024 and the fraternity continued to have large, noisy parties. Between 2/10/2024 and 6/8/2024, SLOPD issued five more noise citations to the fraternity, some with 100 people. We filed another written complaint on 6/3/2024 citing four additional citations since the previous written complaint made on 2/5/2024. Neither written complaint has been forwarded to the Planning Commission. Within that time frame, several Planning Commission meetings were canceled because there was nothing on their agenda. Community Development should have taken care of the matter soon after the first written complaint was filed on 2/5/2024. We contacted Community Development multiple times because of the ongoing, noisy parties at the fraternity after we filed our written complaint. The city’s code enforcement supervisor, John Mezzapesa, said that the written complaint was given to Tyler Corey to handle, and he was working on it, but Mr. Corey didn’t do anything. It’s been over 8 months, and the Planning Commission has still not received my complaint(s). Let's be honest. It is not realistic to believe that Community Development will be proactive in filing a complaint and refer a fraternity to the Planning Commission for re-review, especially after one violation, as they suggest in their response. An existing CUP for a fraternity says that any written complaint will be forwarded to the Planning Commission within one week of receipt. In addition to adding a threshold for violations, I feel it is important to have a deadline in Condition 3 for forwarding a complaint to the Planning Commission after it is received. During the Planning Commission hearing on 6/12/2024, Commissioner Kahn suggested a threshold of four violations within 12 months as a trigger for review. As the city staff was drafting new conditions, Commissioner Kahn again emphasized adding that condition, and staff told him that it was already covered by Condition 3. However, there is a distinct difference between requiring a written complaint and having a threshold of violations to trigger a review of the CUP. Setting a threshold of violations of the CUP within a specified timeframe guarantees there will be a review at some point if the fraternity reaches that threshold. It does not require a written complaint from a resident, though a resident may still write a complaint. But as I’ve described, many affected residents do not feel comfortable doing so. It does not rely on Code Enforcement, Fire, or SLOPD to file a complaint, though they may still do so. But City Staff has not asked for a review of any fraternity’s CUP even though every fraternity CUP has had multiple ongoing violations for several years. It does not prevent staff from asking for a review sooner, after one violation, if they choose to do so. But realistically they will not do so considering fraternities have many ongoing violations of their CUPs and no review has ever been requested by city staff. A condition with a threshold of violations that trigger a review by the Planning Commission should be added to the CUP. It protects the health, safety, and well-being of the neighborhood and holds the fraternity responsible for the conditions of their CUP. Adding Conditions to the CUP to Make Things More Clear to the Fraternity: In response to Appeal Issue No. 1, where the appeal asks for specific conditions related to realistic problems of a fraternity use in a residential neighborhood that are listed in other fraternity CUPs, staff says that adding conditions to the CUP is not necessary because the SLOMC has had “incremental improvements” between 1983 and 2013 that directly address concerns related to noise, etc. The “improvements” include updating unrelated things like adding days to the safety enhancement zone or updating fine amounts for citations. It seems disingenuous to imply that these changes justify omitting useful conditions that are 105 included in other fraternity CUPs. Those conditions strengthen the CUP and help to clarify the conditions to the fraternity. When the other CUPs were drafted, the city also had a noise ordinance, residential occupancy requirements, etc. but the Planning Commission included certain conditions to emphasize the fraternity’s obligation to follow the noise ordinance and other laws. These added conditions outline the fraternity’s responsibility to the neighborhood and the consequences for violation of the CUP. Spelling out these specific conditions is beneficial because they clarify common issues related to a fraternity’s use, especially related to its location in a residential neighborhood. When the conditions are documented in a CUP it is less likely that there will be confusion by the fraternity about relevant laws and conditions. I brought up this issue during public comment at the Planning Commission hearing and the commissioners agreed that specifically mentioning the noise ordinance and “quiet hours” is important, even though it’s already in the city’s noise ordinance. It would also be helpful if the Community Development Department met with each fraternity at the beginning of the academic year to review the conditions in the CUPs so there is a clear understanding of the specific conditions. Special Event Permits and Violation of the City’s Noise Ordinance : In response to Appeal Issue No. 2, staff says the municipal code allows the noise control officer to grant exceptions for the fraternity to violate the noise ordinance if deemed appropriate. I don’t understand how it can ever be deemed appropriate for a fraternity to violate the noise ordinance. This is a residential neighborhood. The noise ordinance ensures that every residential neighborhood is protected from unhealthy levels of noise and allows people to rest when needed. It doesn’t make sense that there is a carve-out for a fraternity to violate the law with what the staff’s report refers to as “amplified noise-generating activity”. It is harmful to even suggest a condition that grants an exception of the law to fraternities so they can have a party or multiple parties each year in a residential neighborhood. My work schedule includes long shifts, ranging from 12.5 to 14 hours, and switches between days and nights. I also work on weekends. I depend on a quiet environment at home to sleep between my shifts. As an EMS pilot, it would be unsafe for me to work if I am not rested. It’s unbelievable to imagine that the city would allow noisy parties that would potentially disturb its neighbors and interrupt our ability to sleep. The fraternity brings in a lot of money from its members and can afford to hold larger, amplified, noisy events at a third-party venue. Cal Poly should explore the possibility of providing a venue for their Greek life organizations to hold events on campus. I’ve attended several events on campus at various facilities and they were well done, with catering and other amenities. Cal Poly needs to start taking more responsibility for its fraternities. Cal Poly has recently recruited four more fraternity chapters to its campus without housing provisions for the location of their fraternity houses. Each of those new fraternity chapters is illegally located in R-1 and R-2 neighborhoods and hosts fraternity events. Still, Cal Poly continues to recruit even more fraternity chapters to its campus and the impact of fraternity activities on our neighborhoods continues to increase. There are now 19 fraternities in the IFC and only 6 have CUPs. 106 This CUP is setting a precedent for other fraternity CUPs and there should NOT be a condition that allows fraternity parties to violate the noise ordinance in a residential neighborhood under any circumstances. Cal Poly has only been in session for a month and Lambda Chi Alpha at 1264 Foothill has already had several noise complaints and two noise citations in the past two weeks for noisy parties after 10 p.m. One of the noise citations says there were 70 people at the fraternity party. The CUP for 1264 Foothill says that occupancy is limited to 48 people unless they have a special event permit. The fraternity doesn't seem to care about the conditions in its CUP or their impact on the neighborhood. A month ago, the police log described a party in the front yard with a sign that said, "You honk, We drink". That party wasn't cited. Considering the documented issues related to fraternities in general, for the protection of the neighborhood and surrounding neighbors, and considering the fraternities’ lack of understanding of the current conditions of their CUPs and laws, I respectfully request that you uphold the appeal and add conditions to the fraternity’s CUP to make it more effective and clear for the fraternity. It also sets a precedent for future CUPs so it’s important to get it right. Thank you. Sincerely, Steve Walker