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HomeMy WebLinkAbout09/29/2009, SS 1 - STRATEGIES TO REDUCE NEIGHBORHOOD NOISE AND PARTY DISTURBANCES i council j Sot S tember 29 2009 acEnaa Repout ,�N� $s1 CITY OF SAN LUIS OBISPO FROM: Deborah Linden, Chief of Police SUBJECT: STRATEGIES TO REDUCE NEIGHBORHOOD NOISE AND PARTY DISTURBANCES RECOMMENDATION 1. Receive a report outlining various strategies to reduce the occurrences of neighborhood disturbances created by excessive noise and party activity; 2. Provide direction to staff regarding the following strategies and programs: a. Noise ordinance modifications b. Unruly gathering ordinance c. Nighttime curfew ordinance d. Strategic use of Safety Enhancement Zone Ordinance e. Residential rental property licensing options 3. Direct to staff to return to Council in January 2010 with any recommended ordinances and procedural changes. REPORT-IN-BRIEF In response to Council direction to develop strategies to reduce noise and party violations in City neighborhoods, staff researched various options in use in other communities and reviewed existing ordinances and procedures to determine if modifications were warranted. Research has shown that party activity at houses, apartments, and Greek houses in San Luis Obispo is related to high rates of underage and high risk drinking among college students and possibly high school students. Although renters can be issued warnings and citations for noise violations, there are currently no administrative sanctions for rental property owners in San Luis Obispo for repeated violations of law by their tenants. In order to reduce noise and party violations and related crime, Staff recommends Council consider: modifying the existing noise ordinance; enacting new unruly gathering and nighttime curfew ordinances; increasing use of the safety enhancement zone ordinance; and evaluating options related to residential rental property licensing. DISCUSSION Background On June 4, 2009, during Council review of the proposed Police Department operating budget for 2009-11, Council directed the Chief of Police to research and develop strategies to reduce the number of noise and party-related disturbances in the City's neighborhoods. Council expressed its desire to consider potential changes to the current noise ordinance and procedures regarding �gs / - / Strategies to Reduce Neighborhood Noise and Party Disturbances Page 2 warnings, as well as identifying methods to hold rental property owners responsible for repeat violations by tenants. Staff was directed to present suggested strategies in a study session for Council to consider prior to providing staff with further direction. The Police Department formed a work group to research, discuss, and develop strategies and methods consistent with Council direction. Research was conducted throughout California and several other college communities in other States to collect examples of ordinances related to noise and party violations. Input and ideas were received from representatives of Residents for Quality Neighborhoods (RQN) and incorporated into the strategies outlined in this report. Existing Ordinances The following ordinances and procedures are currently in place in San Luis Obispo and relate to the regulation of certain activities in residential areas, including noise, gatherings, occupancy, and property maintenance. 1. Noise "Holation"Ordinance and Procedures Noise violations are regulated by Chapter 9.12 of the San Luis Obispo Municipal Code, which prohibits certain types and volumes of noise in the City. A "noise disturbance" is defined in the code as "any sound which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.12.060 of this chapter [Exterior Noise Limits]." Noise violations in residential neighborhoods are generally regulated by section 9.12.050, which prohibits: a. Noise disturbances (as defined above) that are plainly audible at a distance of fifty feet from the noisemaker, unless the noise does not penetrate beyond the noisemaker's own premises. b. Radios, television sets, musical instruments, amplified loudspeakers, or similar devices between 10:00 PM and 7:00 AM that create a noise disturbance audible across a residential property line. c. Radios, television sets, musical instruments, or similar devices that create a noise disturbance at any time in excess of noise levels defined in section 9.12.060 (measured by decibel levels and length of time of disturbance). When a noise complaint is received by the Police Department Emergency Communications Center(Dispatch Center), the complaint is classified one of three ways: a. First response noise complaint. A report of a noise violation at a location that is not on the Police Department "premises list" (defined below). These complaints are normally handled by Student Neighborhood Assistance Program (SNAP) employees who are authorized to issue written warnings called Disturbance Advisory Cards (DACs). b. Premises list location. A noise complaint at a residence that is on the Police Department's premises list. A residence is placed on the premises list if it receives two or SS /-2 I � 1 Strategies to Reduce Neighborhood Noise and Party Disturbances / Page 3 more DACs and/or noise citations in a 60-day period; the residence remains on the premises list for six months. Once a residence is on the list, any subsequent noise violation results in the response of an officer rather than a SNAP employee. Officers are authorized to issue a warning or a citation. A residence may also be placed on the list if it hosts a party with more than 75 people present and a complaint is received. c. Second response complaint. If a second complaint of a party disturbance is received for the same residence within a 24-hour period, it is considered a"second response"violation and an officer responds rather than a SNAP employee. If the complaint is verified, the residents may be billed for the cost of the police response, in addition to any noise citation issued. When a SNAP employee or an officer responds to a noise complaint, they must first verify that the activity is a violation of the noise ordinance. This includes ensuring the noise fits the definition of a "noise disturbance" as outlined above, including the requirement that the sound "annoys or disturbs reasonable persons of normal sensitivities." This standard of reasonableness requires the judgment of the individual observing the activity and ensures a balance in the law between private enjoyment and respect for neighboring residents. If a SNAP employee or officer determines the activity is not in violation of the noise ordinance then no further action is taken. The employee must actually witness the violation in order to take enforcement action. Violations of the noise ordinance are enforced using administrative citations (a civil process). The current fine structure is $350 for a first violation, $700 for a second violation within one year, and $1000 for third or subsequent violations within one year. Council approved this fine structure and the use of the administrative citation process for noise violations on May 3, 2005. This approval followed research which indicated the previous fine schedule was low compared to similar communities and that fines were routinely being reduced by criminal court judges. When a DAC or noise citation is issued to a resident, a notice is mailed to the property owner alerting them of the police response to their residence. There are no existing provisions to fine an off-site rental property owner for repeat violations of the noise ordinance at a rental property. 2. Second Response Cost Recovery Ordinance Chapter 9.21 of the Municipal Code provides the authority to recover costs of a second police response to a party or gathering causing a disturbance within a 24-hour period. The Second Response Cost Recovery ordinance requires a written warning (DAC) be issued to the host of a party or gathering that has been determined to pose "a threat to the public peace, health, safety or general welfare." If a second complaint of the gathering is received within 24 hours, and the violation is verified by an officer, the hosts are charged the actual costs of the second police response in addition to any noise citation issued by the officer. 3. Residential Occupancy Ordinances Chapters 17.20 and 17.93 of the Municipal Code require a City use permit to operate any"group housing," such as dormitories, rest homes, boarding houses or fraternities/sororities, or to establish a high occupancy residential use occupied by six or more people in a low or medium density neighborhood. Should a residential property owner wish to rent his or her home to more i. Strategies to Reduce Neighborhood Noise and Party Disturbances Page 4 than five tenants, the owner would need to apply for a use permit from the Community Development Department. City regulations establish performance standards for such uses to mitigate against adverse neighborhood impacts and conditions may be imposed upon use permits to ensure that property is used and maintained in a manner calculated to prevent neighborhood disturbances. The City Attorney's Office and Community Development Staff have undertaken a review of the City's existing regulations and have concluded that no significant revisions to the regulations are necessary. Minor revisions to ensure clarity and consistency among the various provisions will be recommended to Council as part of the City's annual zoning regulations review. Violations of the residential occupancy ordinances are usually investigated by City Code Enforcement personnel. 4. Property Maintenance Standards Ordinance Owners of private property in the City are subject to various regulations concerning the maintenance of real property, as outlined in Chapter 17.17 of the Municipal Code — Property Maintenance Standards. This chapter regulates activities such as the storage of equipment and recreational vehicles; front yard paving; roof equipment; abandoned buildings; graffiti; trash; excessive vegetation; and similar activities. Enforcement of these standards is conducted by Code Enforcement, SNAP, and Fire personnel, depending on the nature and seriousness of the violation. S. Nuisance Abatement Ordinance The City currently has an ordinance that allows for the abatement of properties that are declared a public nuisance for construction, maintenance, and encroachment violations (Chapter 8.24 of the Municipal Code). A provision of this code also allows abatement after the occurrence of more than two loud or unruly assemblages in any sixty-day period that "threatens the public peace, health, safety or general welfare." The process for declaring a property a public nuisance is not well suited to the resolution of nuisances of limited duration because the process is time intensive and requires at least two hearings before Council. For this reason, abatement is normally used as a "last resort" for properties with ongoing deficiencies, including life safety violations. The abatement process has not been used for properties with noise and party violations. The Problems in the Neighborhoods 1. Noise/Party Disturbances Generally, the number of complaints received regarding neighborhood noise and party violations has been increasing over the past five years, with the exception of 2008 when a slight decline occurred. However, the rate of increase has been relatively slow - about 3% per year average — and enrollment at Cal Poly and Cuesta College has increased during this time period. At the same time, the number of DACs and citations issued has increased since 2004, especially in 2007 and 2008. The following graph depicts these trends: SS/-� Strategies to Reduce Neighborhood Noise and Party Disturbances Page 5 3000-' 2862 2897 811 2630 2 0 2500J ❑Complaints 2000 ❑DACs 1500-11178 1201 t1217 1286 1000 ❑Calls cleared by citations 500 56 �y �$ '�ll ❑Citations 0 issued 2004 2005 2006 2007 2008 a. Analysis of the Numbers. Of the noise/party complaints investigated, about 80% were not on the Police Department premise list, thus making the residents eligible to receive a DAC (warning) rather than a citation. Of the noise complaints received in 2008, approximately 49% resulted in a DAC being issued and about 8% resulted in one or more citations. Approximately 43% did not result in either a DAC or noise citation being issued for the following reasons: 1) The noise that generated the complaint did not constitute a legal violation of the City's noise ordinance. 2) The noise stopped prior to arrival of SNAP or an officer. 3) The employee was unable to locate the source of the reported noise. 4) Based on the specific circumstances of the situation, the officer determined the complaint could be resolved through other means. 5) Some other enforcement action was taken unrelated to a violation of the noise ordinance. The average response time of a SNAP employee or officer to a noise/party complaint in 2008 was about 21 minutes. Response times are dependent on various factors, including: 1) Availability of SNAP or officers to respond to a call 2) Distance of the available employees from the call 3) Existence of a backlog(waiting list)of calls for SNAP or officers 4) Other calls that take higher priority or divert officers from noise complaint responses 5) Occurrence of major incidents that require multiple officers for extended periods of time. b. How and When Noise Complaints are Received The majority of noise complaints are received after 10:00 PM on weekend nights. This is the same period of time that other types of calls and activity peak, especially alcohol-related crime and activity in the downtown (including violent crime and assaults). In addition, officers are responsible for policing the entire City and responding to other priority calls such as domestic violence, DUIs, traffic collisions, in-progress 31-N ` Strategies to Reduce Neighborhood Noise and Party Disturbances Page 6 thefts and burglaries, alarm calls, assaults and various other calls for service. At times, it is not possible to send an officer to a noise complaint in a timely manner due to higher priority calls. Officers will sometimes respond to a noise complaint and choose to issue a warning even when there may be a violation of the noise ordinance. This most often occurs when the violation is minor, the residents are cooperative, and there has been no prior history of significant problems at the location. Typical examples include noise violations not associated with a party, such as roommates watching TV too loud or talking loudly in their yard late at night. As with other calls for service, officers use their discretion in determining the action appropriate for the specific violation,recognizing that not all violations are alike. c. Other Efforts to Curtail Noise Holation& In addition to enforcement efforts, each year staff has conducted education and outreach to students regarding noise and party laws through presentations at Cal Poly parent and student orientations, directed marketing on the internet and through print material, and special presentations to Greek members and student groups. The City, in partnership with Cal Poly and Cuesta, implemented the SLO Solutions conflict resolution program in 2004 to help neighbors resolve on-going conflicts in a productive and lasting manner. Staff hosted a neighborhood gathering event in 2007 in order to connect student and non-student neighbors. Council increased fines for noise violations in 2005. Despite these efforts, the number of complaints received each year has not substantially decreased. Staff believes this is due to a number of factors, including: 1) Pervasive presence of alcohol and party behavior in the student culture. 2) Annual turnover in students. 3) Lack of sense of neighborly responsibility by violators. 4) Violators plan for noise violations (i.e. "pass the hat" to pay the subsequent fine). 5) Ability of violators to receive multiple warnings for noise violations each year:. 6) Lack of adequate enforcement resources to respond to all complaints in a timely manner. Underage Drinking and Access to Alcohol Underage and high-risk drinking continues to be a significant concern in college communities. According to a national study conducted in 2005, over 1,700 college students between 18 and 24 years old die and 590,000 are unintentionally injured each year as a result of alcohol. More than 690,000 students are assaulted by another student who has been drinking, and about 97,000 are victims are alcohol-related sexual assault. About 25% of college students report academic consequences of their drinking, including missing classes, doing poorly on exams or assignments, and receiving lower grades. (Hingson et al., 2005) The following are key findings regarding student alcohol use at Cal Poly, according to the most recent Safer California Universities Grant Study survey conducted in 2008-09: 1. 79% of students consumed alcohol in the previous year. 2. 71.5% of students consumed alcohol in the previous 30 days. 3. 59.4% of underage students (under 21) consumed alcohol in the previous 30 days. 4. 38.4% of students reported binge drinking in the previous 2 weeks (defined as males consuming 5 or more drinks, and females consuming 4 or more drinks, in one sitting). Strategies to Reduce Neighborhood Noise and Party Disturbances Page 7 5. 17.9% of students reported some form of public misconduct at least once during the past quarter as a result of drinking(committing crime, fighting/arguing, DUI, vandalism, etc). 6. 32% of students reported serious personal problems as a result of drinking, such as being suicidal,being hurt or injured, being the victim of sexual assault. 7. 43.4% reported less serious personal problems as a result of drinking, such as missing class, memory loss,hangover, vomiting). The Safer California Grant survey also measured the locations (other than commercially licensed establishments) where underage (under 21 years) Cal Poly students reported attending parties and consuming alcohol during the first two months of the fall quarter for the past five years. Over 2900 students under the age of 21 completed the surveys in the past five years. The following are key findings regarding locations: 1. 84.7% of students attended a party at an apartment or house off-campus. 77.5% of these students drank alcohol; 62.4%reported drinking enough to become drunk at least once. 2. 51.4% of students attended a party at a fraternity or sorority off-campus. 81.7% of these students drank alcohol; 65.2%reported drinking enough to become drunk at least once. 3. 27.7% attended a party at an on-campus dormitory. 65.2% of these students drank alcohol; 42.5% reported drinking enough to become drunk at least once. 4. The respondents reported that the greatest number of drinks they consumed on any one day was a mean of 10.10 for male students, and 7.53 for female students. The following graph depicts the survey respondents' age and site of the party during the first two months of the fall quarter. The graph indicates the highest percentage of students reporting attendance at off-campus Greek, house and apartment parties in San Luis Obispo are under 21. Attendance at parties by age and site during the first tvvo months of Fall Quarter 100.W% 80.W� 60.al% .. c 9 c +Greek Pa61 50.W� tbHosse Partly m c e �O.W4i 0 30.CU% 20.W% 10.W% 18 19 21) 21 22.25 Age Strategies to Reduce Neighborhood Noise and Party Disturbances Page 8 Underage access to alcohol is a significant safety issue, especially for teenagers and young adults whose judgment is not fully developed. Each year, intoxicated minors become victims of crimes, including sexual and physical assault; require medical treatment for alcohol overdose and related injuries; commit crimes in our community; and drive while intoxicated. - For juveniles under 18 years of ago, the impacts of, and perceptions about, underage drinking are measured every two years through the statewide California Healthy Kids Survey of students at. the seventh, ninth, and eleventh grade levels. The following chart depicts responses by eleventh grade high school students in the San Luis Coastal Unified School District (SLO High School) to several alcohol-related questions in the most recent survey, as compared to the statewide average: Alcohol Use by 1 Vh Grade Students SLO Coastal -Statewide Used alcohol ever 64% 66% Used within past 30 days 40% 42% Drunk or sick from alcohol 44% 31% Bin a drank (5+drinks in onesetting) 24% 29% Perceive alcohol is easy to obtain 89% 71% The responses by local high school students for two of the measures — becoming drunk or sick from alcohol and perceiving alcohol as easy to obtain — are significantly higher than the state average: Staff from the San Luis Obispo County Drug and Alcohol Service Department partially attributes these high percentages to the close proximity of college parties which offer high school students easy access to alcohol. Suggested Strategies In preparing this report staff did the following: 1. Reviewed the existing City noise ordinance and procedures to determine if modifications were necessary to impact the problem. 2. Researched ordinances and practices in place in many other communities to deal with noise and party violations. Staff learned that a number of communities have ordinances that treat large gatherings creating 'a substantial disturbance differently than noise violations, including holding rental property owners financially responsible for repeat violations of their tenants. 3. Researched and discussed options for licensing residential rental properties. 4. Researched and discussed strategies to deter juveniles (under age 18) from attending neighborhood parties and from becoming victims and suspects of crimes. 5. Developed a program to ensure fraternities and sororities are adhering to their City use permits and maintaining safe living environments. 6. Reviewed the use and effectiveness of the Safety Enhancement Zone ordinance. As a result, staff suggests the following strategies be given further consideration by Council: Strategies to Reduce Neighborhood Noise and Party Disturbances Page 9 1. Proposed Noise Ordinance Modifications Staff compared the City's current fine structure for noise violations to those in effect in other college communities and determined the current fines are comparable. In addition, many other communities utilize warnings for violations prior to taking enforcement action. Staff believes initial warnings for noise violations are generally appropriate, and that many violators heed the warning and do not repeat the violations. Moreover, since the Police Department does not have enough officers to respond to every noise call in a timely manner, the use of SNAP employees to issue warnings is a necessary and effective method of responding to calls. Thus, warnings are a necessary strategy in order to address the problem. However, current procedures allow a violator to receive a warning (DAC) every 60 days without being placed on the premises list. As such, violators may actually have multiple noise violations each year without receiving a citation. The premises list is in effect for six months, allowing the entire cycle to re-set twice each year. In addition, officers are encountering an increasing number of calls where the residents refuse to answer the door and the officer is unable to take enforcement action. Staff suggests the City noise ordinance and associated procedures be modified as follows in order to reduce the number of warnings allowed and address repeat violations and uncooperative residents: 1. After a residence receives a DAC, the residence would be immediately placed on the premises list. The 60-day time period for repeat violations would be eliminated. 2. Extend the premises list for one year from the date of the warning. During the year period, subsequent violations would be subject to citation. 3. Create a method whereby a property owner can petition staff to lift the premises list designation upon proof of a complete turnover in tenants at the property. 4. Create a procedure whereby a responding officer may leave a notice of violation and mail a citation to the residents and/or issue the citation to the property owner in the event the residents are uncooperative and refuse to answer the door during a verified noise violation. 5. The Police Department will monitor SNAP and officer responses to ensure enforcement is consistent and discretion is being applied appropriately. Should Council direct staff to pursue revisions to the City's noise ordinance and procedures, staff will return to Council at a later date with additional details and ordinance modifications for Council to consider. Z Unruly Gathering Ordinance Several cities have enacted unruly gathering ordinances designed to address parties and gatherings that cause significant disturbances. Unruly gathering ordinances are currently in use in several college communities, including the cities of Rohnert Park (Sonoma State University), Berkeley (U.C. Berkeley), and Tucson (University of Arizona). These ordinances create significant sanctions for residents and property owners who continue to host gatherings that ssj_y Strategies to Reduce Neighborhood Noise and Party Disturbances Page 10 create a substantial disturbance, and for party attendees who contribute to the problem. Unruly gathering ordinances are not intended to replace noise ordinances, especially since most noise ordinances are quite broad and address various kinds of noise violations,not just those associated with loud music and parties. Rather, unruly gathering ordinances focus on the impacts of larger gatherings on the surrounding neighborhood and recognize that such gatherings tend to use excessive police resources. The unruly gathering ordinances reviewed by staff generally contain the following criteria to determine whether or not a gathering is a violation of the ordinance: 1. Ten or more people gathered on private property. 2. The gathering creates a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood. 3. The disturbance results from conduct constituting a violation of law(unlawful conduct). 4. Indicators of such unlawful and disturbing conduct include: a. Excessive noise. b. Excessive traffic. c. Obstruction of public streets by crowds or vehicles. d. Public drunkenness. e. Service of alcohol to minors. f. Fights. g. Urinating in public. h. Littering. If a police officer determines a gathering meets the criteria, the ordinance allows the officer to declare the gathering a public nuisance and immediately abate the disturbance by disbanding the gathering and issuing citations for law violations. In addition, the premises are posted with a notice stating that any subsequent unruly gatherings at the premises within a defined period of time (usually a minimum of 60 days) shall result in civil citations and fines to the residents and owners of the property and any guests contributing to the public nuisance. In the case of rental property, notification of the posting is made to the property owner(s) before an owner is fined for subsequent violations. Rental property owners who demonstrate due diligence in abating unmanageable tenants (such as pursuing eviction) are not held liable for violations. However, owners who fail to manage their property in a manner that prevents continued violations are held liable through civil fines for their tenants' disturbing behavior. The City of Tucson, Arizona, refers to its unruly gathering ordinance as the "Red Tag" program in reference to the notice posted at the premises, which is printed on red paper so as to be visible to tenants and visitors. The purpose of the visible color is to alert potential party attendees that they may be held liable for participating in gatherings deemed to be unruly. In Tucson, hosts of unruly gatherings are initially fined $100. Once a premises is posted with a Red Tag, subsequent violations start at $500 and increase to $1,500, and are levied against the party hosts, owners of the property (whether or not present at the gathering), and any person in attendance who engages in conduct causing the gathering to be unruly. Red Tags remain posted for 180 days and removal, SS 1 -10 Strategies to Reduce Neighborhood Noise and Party Disturbances Page 11 defacement, or concealment of a posted Red Tag results in a $100 fine. Additional information regarding Tucson's ordinance is attached for reference. The City of Rohnert Park, California, adopted a similar unruly gathering ordinance in 2005. During the first full year the ordinance was in effect (2006), the City experienced a 12% reduction in the number of reported parties. Party complaints increased by 18% the subsequent year; however Rohnert Park officials attribute this rise primarily to significant increases in enrolled students at Sonoma State University and Santa Rosa Community College from 2005 to 2007. Staff believes an unruly gathering ordinance is a strategy worth further consideration as a tool to better address neighborhood disturbances, prevent violations, and hold rental property owners financially responsible for the repetitive unlawful utilization of their properties by their tenants. In order to differentiate sanctions for an unruly gathering violation from those associated with the City's noise ordinance, staff suggests setting higher fines and eliminating the issuance of formal warnings (DACs) for violations of an unruly gathering ordinance.. Should Council direct staff to pursue an unruly gathering ordinance, staff will return to Council at a later date with additional details and a draft ordinance for Council to consider. 3. Nighttime Curfew Ordinance Unfortunately, there is a direct relationship between noise and party violations and underage drinking. Many gatherings that cause disturbances in the neighborhoods involve excessive and unlawful use of alcohol, especially late at night on weekends. As discussed in a previous section of this report, neighborhood parties are a source of alcohol for minors under 21, including juveniles under 18 who are still in high school. In March 2009, the Council approved modifications to the City's Social Host ordinance in recognition of this problem. In addition to focusing on ordinances directly related to noise and party violations, staff also considered tools to help prevent minors from engaging in risky behavior that leads to arrest, victimization and injury, especially surrounding access to alcohol. One such tool in use throughout California (and other states) is a nighttime curfew ordinance that prohibits unaccompanied juveniles (17 years old and younger) from loitering or wandering in public places during certain nighttime hours unless they are with a parent/guardian or other authorized adult, or they are engaged in certain allowable activity (such as work, school, or an activity approved by a parent or guardian). The City of San Luis Obispo is the only community in the County, and in all surrounding counties, which does not have a nighttime curfew ordinance in place. Nighttime curfew ordinances provide a tool to address the fact that many crimes typically committed by juveniles, such as vandalism, graffiti, theft, and alcohol-related crimes, often occur late at night when there is no parental supervision. This behavior also exposes juveniles to the risk of becoming crime victims. Many parents and guardians enforce their own rules regarding curfew. However, it is staff's experience that some parents and guardians are either unable or unwilling to provide appropriate oversight of their children's activities late at night. This creates risk for the juvenile and potential liability for the parent/guardian. Currently, a police officer in the City cannot legally detain a ssi- / 1 `I Strategies to Reduce Neighborhood Noise and Party Disturbances Page 12 juvenile out late at night unless the juvenile is already suspected of engaging in a crime or has become a crime or accident victim. In calendar year 2008, 35 juveniles were arrested in San Luis Obispo between the hours of 11:00 PM and 5:00 AM. Twenty of these arrests were for alcohol-related crimes; three were drug arrests; and three were related to burglaries. Other charges included felony battery, resisting arrest, trespass, and various offenses. These statistics do not include juveniles who were victims of crimes during these same hours, or who were detained and released to their parents without being arrested. A 2002 survey conducted by the National League of Cities indicated that 68% of the 785 responding cities had curfew ordinances. Of these, 97% reported the ordinances helped combat juvenile crime and 56%reported a drop in violent crime in the first year after ordinance adoption. A Nighttime curfew ordinance would serve several important functions, including: 1. Creating a clear standard for juveniles (under 18) and their parents/guardians regarding the hours juveniles should be home unless they are engaged in an allowable activity. 2. Supporting parents attempting to maintain appropriate rules by reinforcing the importance of juveniles being home in the late night hours. 3. Preventing juvenile crime and victimization by creating motivation for juveniles to abide by curfew hours. 4. Allowing police officers legally to stop juveniles out after curfew to inquire about their activities, and to return the juvenile home before they become involved in criminal activity or are victimized. 5. Providing intervention and sanctions when appropriate for parents/guardians who repeatedly allow curfew violations. Nighttime curfew ordinances typically are in effect from 11:00 PM to 5:00 AM (or similar hours) and contain exceptions for certain authorized activities of juveniles during curfew hours. Staff believes a nighttime curfew ordinance may be useful in San Luis Obispo, especially since there are many late night activities and parties that attract juveniles from throughout the area. Should Council direct staff to pursue a nighttime curfew ordinance, staff will return to Council at a later date with additional details and a draft ordinance for Council to consider. 4. Use of Safety Enhancement Zone Ordinance In December 2004, the Council adopted Municipal Code Chapter 9.22, which allows the Council to designate a specific geographical area as a "safety enhancement zone" for a specified time period upon a finding that there exist unique circumstances that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for certain Municipal Code violations. When a safety enhancement zone is in effect, penalties for the following offenses are set at $350 for a first violation, $700 for a second violation within a year and $1,000 for third or subsequent violations: SSI-lam i Strategies to Reduce Neighborhood Noise and Party Disturbances Page 13 1. Possession or consumption of alcohol in public. 2. Hosting a gathering where underage persons consume alcohol. 3. Excessive noise 4. Possession of dangerous weapons 5. Urinating in public. When the ordinance was adopted, the Council designated the entire City a safety enhancement zone for the period encompassing Mardi Gras weekend. The safety enhancement zone designation proved very effective in deterring violations and provided a clear messaging tool. Since then, the Council has not used the safety enhancement zone designation for other periods of time. Staff believes the ordinance may be an effective tool for other events that pose significant public safety challenges. During the past few years, especially since the elimination of Mardi Gras events, staff has noticed a significant increase in problems surrounding Halloween and Saint Patrick's Day. Halloween activities have grown out of control in many college communities, including Chico and Isla Vista (Santa Barbara County). In San Luis Obispo, large crowds, parties, and excessive alcohol consumption have been increasing for several years. Staff is very concerned that this trend will continue to grow and attract out-of-town revelers, as occurred with Mardi Gras. Saint Patrick's Day celebrations in the City have continued to grow, especially among students, and pose increasing public safety problems. Many bars and restaurants begin serving alcohol very early in the morning and lines begin forming before the establishments are open. Public drunkenness and disturbances are common, and many downtown merchants are extremely concerned about the activity. As Saint Patrick's Day moves toward a weekend, staff expects the problems to increase both in the downtown and in the neighborhoods. The Safety Enhancement Zone ordinance may also be a useful tool for the weekends that mark the start and end of school at Cal Poly. These weekends tend to be the busiest with large parties and crowds, and numerous noise and alcohol violations are common. The beginning of the school year is most concerning, with the neighborhoods closest to Cal Poly marked by large crowds that often fill the streets and are fueled by excessive alcohol use (and significant underage drinking activity). The Police Department deploys significant resources during these weekends and holidays to control the crowds and activity; however the problems continue to increase. As such, staff believes the Safety Enhancement Zone ordinance may be a useful tool to address adverse neighborhood impacts increasingly associated with Halloween, Saint Patrick's Day and the beginning of the school year. Should the Council direct staff to pursue the use of safety enhancement zones during these or other time periods, staff will return to Council at a later date with an appropriate ordinance or resolution for Council to consider. SSI-13 Strategies to Reduce Neighborhood Noise and Party Disturbances Page 14 Residential Rental Property Permitting Options As Council directed, also in preparation of this report, staff researched and discussed various options for licensing residential rental properties. In order to consider these options, it is important to understand the programs currently in place in the City regarding residential rental properties. 1. Business Tax Ordinance/Program Currently, all businesses that wish to operate in San Luis Obispo must obtain a tax certificate from the Finance Division. Taxes are levied at an annual rate of 0.0005 of gross receipts (or $50 per$100,000 in gross receipts). The business tax ordinance was adopted in 1958 and amended in 1991 to clarify that the purpose of the program is to generate revenue for the City. It is not a regulatory program in that it does not allow or prohibit any activity that is not otherwise allowed by law. Failure to pay the business tax triggers a civil collection process, but does not directly result in the business being prohibited to operate. To date, the City has issued 1,493 tax certificates to residential rental businesses. Since the tax certificate is issued to the rental business and not to individual rental properties, the number of certificates does not directly reflect the number of rental units in the City. For example, one person may own and operate ten different residential rentals in the City; however that person would only be required to obtain one business tax certificate to operate the rental business. The tax certificate program does not collect data on the number of rental units or their locations, since the basis for the tax assessment is gross receipts. The following is a breakdown by gross receipts of the residential rental property businesses that currently hold tax certificates: Annual Gross Receipts Number of Residential Rental Businesses $50,000 or less 1,109 $50,000 to $100,000 196 $100,000 to $250,000 124 $250,000 to $500,000 41 More that $500,000 23 Total 1,493 These statistics indicate that there are many residential rental property owners who operate only one or a few units (likely single family dwellings), and a much smaller number of businesses that operate large multi-unit dwellings such as large apartment complexes. Compliance with the tax certificate program is verified every five years by analyzing County assessor records for developed residential properties that do not contain a homeowner's exemption (highly likely to indicate a rental) and comparing that data to the list of owners with tax certificates. SSI -l�f I' Strategies to Reduce Neighborhood Noise and Party Disturbances Page 15 2 Business License Ordinance In 2004, the Council enacted a separate business license ordinance that requires businesses to obtain a license to operate in the City along with the tax certificate. The license program is regulatory in nature and is not based on gross receipts. However, the business license ordinance is also clear that it does not allow or permit an activity not otherwise allowed by the City or other regulatory agencies. There is a flat fee associated with the license to offset costs to the City for administering the program. The following excerpt from the City website articulates the differences between the City's business tax and business licensing programs: What is a Business Tax Certificate? The purpose of the City's Business Tax ordinance is solely to raise revenue for general municipal services to residents and businesses, such as police and fire protection and street maintenance. It is not a "license or permit." The Business Tax Certificate is issued by the City of San Luis Obispo to all persons conducting business in the City. "Business" means and includes enterprises, leases, establishments, professions, rentals, services, trades, vocations, and occupations of all types whether or not the business has a fixed location in the City. What is a Business License? The purpose of the city's business license regulations is to provide for necessary regulation of lawful businesses being conducted within the city in the interest of the public health, safety, and welfare of the people of the city. While due diligence will be exercised in reasonably assuring compliance with all city policies, regulations, and ordinances before issuing a business license, the primary focus of the city's business license regulations is to provide reasonable assurance that businesses operating in the city are doing so in compliance with the city's planning and building policies, regulations, and ordinances; and in compliance with the city's business tax provisions. In practice, businesses apply for a business license and tax certificate together. As with the business tax certificate, only one license is issued to each rental property business (or owner) regardless of the number of properties or rental units operated by the owner. Therefore, the program does not maintain an inventory of the location and number of units of residential rental properties in the City, nor is it designed to do so. A business may be prohibited from operating in the City without a business license; however there are no specific provisions to revoke a business license for business owners who do not operate their business in an appropriate manner(such as residential rental property owners failing to control repeated law violations by their tenants). In addition, neither the business license nor business tax programs are designed specifically to address issues unique to residential rental properties, such as tenant behavior, property maintenance, unlawful conversions, over- occupancy, etc. 3. Options for Regulating Residential Rental Properties Staff has identified four options for the Council to consider related to the regulation of residential properties: a. Do nothing. Council could choose to maintain the City's existing business license and tax program as it is administered today. Residential rental property business owner would ss/-is Strategies to Reduce Neighborhood Noise and Party Disturbances Page 16 continue to be required to obtain a license and tax certificate and to pay taxes each year. Compliance will be audited by the Finance Division every five years. b. Modify existing programs (non-regulatory). Council could direct staff to modify the existing business license and tax programs in order to create a more complete inventory of rental properties in the City and to ensure greater compliance with licensing requirements. For example, at the time of application for a business license and tax certificate, staff could collect from residential rental property business owners a list of the rental property locations in the City. The Council could also direct staff to conduct compliance verification for residential rental businesses more frequently than every five years. If the Council is interested in this option, staff will return with a more detailed analysis of the resources required for this expanded program. c. Create a regulatory residential rental property licensing program (one-time fee). The Council could direct staff to draft an ordinance requiring owners of residential rental properties to obtain a license or permit from the City for each rental property they operate. Such an ordinance would enable the City to maintain a database of residential rentals and their owners, which would allow staff greater ability to contact owners when problems occur with their rentals. A one-time fee would be charged upon issuance of a rental license to offset costs to the City for administering the program. Once a license is issued, no renewal would be required, which is the case for similar permits such as home occupations and administrative use permits. A regulatory ordinance would also include a revocation provision under which an owner's license to operate a particular property as a rental could be placed on probation or revoked if the owner repeatedly fails to properly maintain or operate the rental property in a safe and responsible manner. The basis and process for revocation would be articulated in the ordinance, similar to the City's tobacco sales ordinance, which provides significant economic incentive to comply with the law. d. Create a licensing program as above, with an inspection provision. The Council could direct staff to draft a regulatory residential rental property licensing ordinance as described above, with an added provision requiring a periodic safety inspection to ensure the owner is complying with required property maintenance and building code standards. Fire and life safety inspections are currently required for certain multi-unit and congregate residential properties. Council could extend this provision to all rental properties. The City of Lawrence, Kansas (home to the University of Kansas), has a very comprehensive residential rental licensing ordinance for single-family dwellings, which includes requirements for inspections every three years, articulated grounds for license revocation, and the assessment of annual fees to pay for the program. Under the City of Lawrence program, if a rental license is revoked, the City may discontinue utility services to the residence to ensure occupancy by renters does not continue. A copy of the ordinance is attached for reference. However, it is important to note that there are differences in state law regarding residential rentals between Kansas and California, and as such, many of the specific mitigation measures in Lawrence's ordinance may not be allowable in San Luis Obispo. Nonetheless, the Lawrence ordinance provides an example of what a more comprehensive residential rental licensing and inspection program might look like. ss/-/6 Strategies to Reduce Neighborhood Noise and Party Disturbances Page 17 The Council approved the City's existing fire and life safety inspection program in 2005 for apartments with three or more units, hotels, motels, fraternities, sororities and other congregate residences. At the time, extending the inspections to include all rental units, including single- family dwellings, was the subject of extensive discussion. Ultimately, the Council decided not to do so, and to limit the program solely to those units required to have inspections under State law. Should the Council direct staff to pursue any of the options above other than "do nothing," or should Council direct staff to investigate other options, staff will return to Council at a later date with more specific recommendations along with an analysis of costs and cost recovery options. Depending on the outcome of that review, staff would return with a draft ordinance if applicable for Council to consider. Fraternity and Sorority Procedures Fraternities and sororities offer unique challenges in City neighborhoods, including a history of some Greek organizations hosting large parties and creating significant disturbances. All fraternities and sororities in the City that operate a house are required to have an administrative use permit from Community Development. During the past year, staff has reviewed these use permits and found several problems, including permits that no longer accurately reflect the use of the property; Greek organizations that lack permits; and conditions that are either outdated or ineffective (or permits lacking appropriate conditions). Staff from the Fire Department and Community Development (Code Enforcement) that are responsible for performing annual life safety inspections have become frustrated with lack of compliance and failure to correct deficiencies by certain Greek organizations. This drives the need for repeat inspections and jeopardizes the safety of the residents. In addition, there has not been a consistent process for holding Greek organizations accountable for violations of their use permit conditions related to hosting gatherings. These problems are exacerbated by the annual turnover in Greek officers for each house, with new officers often claiming ignorance about the existence and provisions of their use permits. The Neighborhood Action Team (a recent name change from the Neighborhood Services Team) has developed a plan to conduct a comprehensive review of all fraternity and sorority use permits to determine which ones require updating and modification. After that, staff from responsible departments (Community Development, Police, and Fire) will meet with newly elected officers from each house at the beginning of each calendar year to review the provisions of their use permit and arrange for the annual life safety inspections. Each summer, the Neighborhood Action Team will review each Greek organization's compliance with its use permit requirements. Should serious and on-going deficiencies be identified even after staff intervention, staff will seek Planning Commission review of the use permit to determine if the permit should be modified, monitored or revoked. Implementation of this program does not require any changes to existing regulations, but represents a more coordinated and comprehensive approach to compliance monitoring and enforcement of existing regulations. Thus, absent concerns or objections by Council, staff plans on implementing this coordinated oversight program in 2010. Strategies to Reduce Neighborhood Noise and Party Disturbances Page 18_ Anticipated Challenges in Response to the Above Suggested Modifications During the process of research and discussion in preparation for this study session, staff identified potential challenges for Council to be aware of and consider: 1. Potential for increased response time by officers: Should Council direct staff to return with modifications to the noise ordinance and/or a new unruly gathering ordinance, the number of disturbance calls requiring a response by officers (vs. SNAP employees) will increase significantly. The Police Department applied for a Federal COPS grant for two officers to staff a neighborhood policing team; however, the grant application was not funded and forming a neighborhood team is not currently feasible without eliminating or significantly reducing other priority services. Staff will work to mitigate some of the impact through scheduling, use of overtime to supplement patrol on busy weekends, and seeking assistance from the University Police Department. In addition, should the Council enact an unruly gathering ordinance, officers will be allowed to enforce the ordinance pro-actively based on their own observations, rather than waiting for complaints to be received from disturbed neighbors. This should allow large gatherings to be dispersed earlier in the evening rather than during the late night hours when officers are occupied elsewhere. Even so, staff expects response times by officers to increase due to the increased number of calls, at least initially, and the lack of additional officers to dedicate to weekend patrol.. In the long term, if the ordinance changes reduce the number of noise and party violations, then response times should decrease as well. 2. Resistance to ordinances from students and property owners: Modifications to the noise ordinance and/or the creation of an unruly gathering ordinance or regulatory rental property licensing program will likely be met with resistance from students and property owners. It will be critical for staff to conduct appropriate outreach with neighborhood groups and residents, student leaders and representatives, and property owners so they understand the ordinances being considered and have an opportunity for input and questions. Depending on Council's direction during the study session, staff will need adequate time to conduct this outreach and engage stakeholders. Staff sent notices of this study session to various stakeholders and groups, including local organizations representing neighborhood residents, property owners and students, as well as Cal Poly and Cuesta administrations, so interested individuals would have an opportunity to participate in the study session. Next Steps Should the Council direct staff to pursue any of the ordinance modifications or residential rental property licensing options, staff will conduct outreach with stakeholders as described above. Staff will also work with the City Attorney to draftordinances and develop the policies and procedures required to implement such ordinances. In order to have sufficient time to complete these tasks, staff would plan on returning to Council in January 2010 for further action. Strategies to Reduce Neighborhood Noise and Party Disturbances Page 19 CONCURRENCES During the research and preparation of this report, staff met with a subcommittee of Residents for Quality Neighborhoods (RQN) to discuss the strategies contained in this report. The RQN representatives were generally supportive of the strategies presented. In addition, the Assistant City Attorney was involved in the research and discussion of the various ordinances presented in this report and it is her opinion that legally supportable ordinances can be drafted to implement any of the strategies discussed in this report, consistent with Council direction. FISCAL IMPACT There is no fiscal impact associated with this study session. The fiscal impact of any ordinances or program modifications directed by Council will be analyzed and presented upon return to the Council in January 2010. ALTERNATIVES The Council may direct staff to pursue other lines of research or to consider other types of regulatory or enforcement options not outlined in this report. Should this occur, staff will return with follow-up information at a later date. ATTACHMENTS 1. City of Tucson, Arizona Unruly Gathering Ordinance Information Pamphlet. 2. City of Lawrence, Kansas Rental Licensing Ordinance. 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The above recitals are incorporated herein as if fully set forth. Section 2. Article 13 of Chapter VI of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto, is hereby enacted: ARTICLE 13. RENTAL LICENSING OF DWELLING UNITS IN RS ZONING DISTRICTS 6-1301 Definitions. As used in this Article, the following terms shall have the following meaning: (Ord. 7326) (A) Dwelling. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer, or mobile home. (1) Dwelling Grouo. A group of two or more detached dwellings located on one lot and having any yard or court in common. (2) Dwelling. Multi-Family. A building or portion thereof designed for or used by two or more families or housekeeping units. (3) Dwelling. Single-Family Attached A building designed for or used for one family or housekeeping unit which has one or two common sidewalls with one or two adjoining single-family dwelling units. (4) Dwelling. Single-Family Detached A building designed for or used exclusively for residence purposes by one family or housekeeping unit that is surrounded on all sides by yards or other open space on the same lot, and which does not have a common wall with another principal building. ATTACHMENT 2 (2) (5) Dwelling Unit. One room, or a suite of two or three rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes and having only one kitchen or kitchenette. (B) Owner. The individual or individual(s), natural or corporate, in possession of lawful title to property. In the absence of substantial evidence to the contrary, the ownership records of the Douglas County Clerk's office used for property tax purposes shall be conclusive evidence of the ownership of property regulated pursuant to this Article. (C) Permittee. Owner or designated agent of owner of a dwelling which requires licensure pursuant to this Article. (D) Probation Status. The determination by the City, either the Public Officer or Ooveming Body, that the owner of a dwelling or dwellings regulated pursuant to this Article has violated one or more licensure requirements of this Article, but that the license pursuant to this Article should not be revoked at this time. (E) Public Officer. The City employee(s) designated by the City Manager to enforce the provisions of this Article. 6-1302 PERMIT REQUIREMENTS. (A) Every owner of a Single-Family Attached Dwelling or a Single-Family Detached Dwelling within the City's RS Zoning Districts as defined in the City's Zoning Code, shall obtain an annual rental licensing permit for each dwelling from the City's Department of Neighborhood Resources prior to leasing, subleasing, renting or allowing the occupancy of such dwelling to another natural person or other natural persons, unrelated to the owner, whether or not for consideration. In the case of multiple owners of any such dwelling, it shall be sufficient for any one of the owners to have obtained a permit for a unit. The application shall be in writing and on a form provided by the City. Such annual permit shall be valid for a one (1) year period from the date of issuance and shall be issued and not revoked if: (1) An annual regulatory fee of$25.00 per dwelling is paid in full. (2) The applicant and the applicant's property are not in violation of this Article. 6-1302.5 NON-APPLICATION OF ARTICLE TO CERTAIN DWELLINGS. Nothing in the provisions of this Article shall be interpreted as applying to dwellings: 1) qualifying under Use Group 7 of Chapter 20 of this Code; or 2) Group Home or Adult Care Home as that term is defined and used under Chapter 20 of this Code. (Ord. 7478) 6-1303 REQUIREMENTS OF PERMITEE. (A) Only as permitted by the provisions of 2001 Kansas Session Law Chapter 147, shall the public officer designated to enforce the provisions of this Article request a list of names of tenants of a dwelling unit from the permittee or appointed agent. Failure to provide an accurate list upon request and notice of the City shall constitute a violation of this Article. (Ord. 7478) (B) The City shall provide the permittee or agent with copies of pamphlets containing information on living in a residential neighborhood. The permittee or agent shall provide a pamphlet to at least one tenant of each dwelling unit covered by this Article before executing a lease for the unit. (Ord. 7478) SSI-a3 ATTACHMENT 2 (3) 6-1304 INSPECTION OF PROPERTY. The public officer shall establish a periodic schedule to provide for the inspection of the exterior and interior of each dwelling required to have a licensed owner pursuant to this Article. The inspection shall be conducted at a minimum every three (3) years. As an alternative to City inspection, the City and the property owner may enter into an agreement providing for the private inspection of the property by a certified private inspector to ensure compliance with the provision of the City's laws governing the property. 6-1305 GROUNDS FOR REVOCATION/PROBATION OF RENTAL LICENSING PERMIT; PROCEDURE FOR CONSIDERATION OF POSSIBLE REVOCATION. The maintenance of a public nuisance shall be grounds for the revocation of a rental licensing permit issued pursuant to this Article. Dwellings regulated pursuant to this Article where there are 1 (one) or more of the following violations of law and which adversely affect the public safety of tenants and the rights of nearby residents to the quiet enjoyment of their property constitute a public nuisance: (A) Noise ordinance; Section 14-413 et sea. of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto; (B) Environmental Code; Section 9-601 et sea. of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto; (C) Anti-litter ordinance; Section 14-101 et sea. of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto; (D) Zoning Code; Chapter 20 of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto; (E) Disorderly House Nuisance Ordinance; Ordinance No. 7223, Section 14- 1101 et_ sea. of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto; (F) Uniform Housing Code; Section 5-501 et sea• of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto. 6-1306 RENTAL TO UNRELATED PERSONS AFTER AUGUST 1,2004. On and after August 1, 2004, no owner of a Single-Family Attached Dwelling or a Single-Family Detached Dwelling within the City's RS Zoning Districts as defined in the City's Zoning Code, shall rent, lease, or sublease a dwelling in a RS Zoning District, unless the dwelling is also occupied by the owner of the dwelling, if the dwelling will be occupied by more than three (3) unrelated persons who do not constitute a family, as the term family is defined by the City's Zoning Code as amended by Ordinance No. 7323. Violation of this Section shall be cause for the revocation of the license required by this Article. Violation of this Section shall be a municipal offense. 6-1306.5 Section 6-1306 shall not apply to the property zoned as RS pursuant to Ordinance No. 7510 until August 1, 2005. (Ord. 7531) 6-1307 RIGHT-0F-ENTRY; CONSENT AND SEARCH WARRANT REQUIREMENTS. Absent emergency circumstances, whenever necessary to make inspection to enforce any of the provisions of this Article, or whenever the public officer or his or her authorized representative has reasonable cause to believe that there exists in any dwelling which is required to be licensed by this Article, any condition or violation which makes such dwelling or premises unsafe, dangerous or hazardous, the public officer or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this Article, provided that such entry is pursuant to Ss1�a� -- ATTACHMENT 2 (4) the law, and further provided if such building or premises be occupied, the public officer shall first present proper credentials and request entry; and if entry is denied the public officer shall have authority to seek lawful entry pursuant to an administrative search warrant or other lawful means. 6-1308 PROCEDURE FOR REVOCATIONIPROBATION STATUS OF LICENSE. (A) Any person found by the public officer to be in violation of this Article shall be sent a notice of such violation by the public officer. The notice shall be sent by certified mail, postage prepaid, return receipt requested. The notice shall state: (1) The condition which has caused the violation of this Article; (2) Whether the proposed enforcement action is to place or continue the permittee or person on a probation status or whether the proposed enforcement action is to revoke the license; and (3) That the person in violation shall have fifteen (15) days from the date of the notice to request in writing a hearing before the governing body on the violation. The request in writing for a hearing before the governing body shall stay pending enforcement actions. (B) The placement of the owner on probation status shall be to provide a reasonable period of time for the owner to correct or alleviate conditions giving rise to the notice of violation. The probation status may be conditioned by the City with reasonable reporting requirements and time periods for corrections. The failure to successfully complete the requirements of the probation status shall be grounds for the initiation of the revocation of the license granted pursuant to this Article. (C) The public officer, or the Governing Body upon the conclusion of a requested hearing, shall have the authority to revoke a license granted pursuant to this Article or place the property owner on probation status. In determining whether the revoke a license or place the property owner on probation status, the public officer or the Governing Body shall take into account mitigating circumstances, including the legal authority of the property owner to order the vacation of the property by tenants whose conduct has caused the violation(s). 6-1309 VIOLATION OF THIS ARTICLE, MUNICIPAL OFFENSE. The violation of any provision of this Article shall be deemed a municipal offense. Any person violating the provisions of this Article shall, upon an adjudication of guilt or a plea of no contest, be fined a minimum of $250.00 to a maximum of $1,000.00. Each separate day of violation shall constitute a separate offense. The municipal court judge shall have no authority to suspend all or a portion of the minimum fine. 6-1310 VIOLATION OF THIS ARTICLE; GROUNDS FOR TERMINATION OF CITY UTILITY SERVICES. The Governing Body finds that the occupancy or habitation in a dwelling in violation with the provisions of this Article constitutes a hazard to the public health, safety and welfare, and that the provision of City water, sanitary sewer and/or sanitation services is reasonably related to the ability to inhabit or occupy such dwelling. After lawful notice to the customer and the property owner concerning the proposed disconnection of City water, sanitary sewer and/or sanitation services, the public officer enforcing the provisions of this Article shall have the authority to order the disconnection of City water, sanitary sewer and/or sanitation services serving dwellings in violation of this Article. The disconnection of City utility services pursuant to this Section shall only be ordered if the public officer makes speck findings concerning the dwelling that 5st-as" ATTACBNENT 2 (5) the disconnection of City water, sanitary sewer and/or sanitation services is necessary to deter occupancy or habitation in a structure in which the public health, safety or welfare is harmed or endangered by continued occupancy or habitation. 6-1311 Article 13, Section 6-1301 through Section 6-1310 shall take effect on and after February 1, 2002. Adopted this 10'"day of April, 2001 James R. Henry, Mayor SSJ`ae September 29, 2009 �t•'t,�{.�dLJ Dear Mayor Romero and City Council Members: As a 30+ year owner-resident of San Luis Obispo, I urge you to stren'9f hen existing ordinances &/or pass new ones to effectively eliminate the problems currently occurring in our beautiful city. I urge you to: 4� Empower law enforcement to issue citations at the 1" noise offense. 4� Empower law enforcement to cite everyone on the premises participating in the noisy event. -46 Double current citation fines. ,J* Pass an ordinance requiring landlords to contain noise ordinance language in rental agreements, outlining the ordinance itself as well as consequences of violating the ordinance. 4� Encourage landlords to include No Party clauses in rental agreements. 4� Beef up Community Policing, collaborating with LE from Cuesta College & Cal Poly & also with student groups, such as SNAP and the Greek community. 4. Impress upon Cuesta, Cal Poly, & the high schools that positive student peer pressure will work wonders and support those efforts. -,,k Crack down hard on public drunkenness and under-age drinking. I am willing to participate in collaborative efforts to resolve problems, as long as all participants recognize the magnitude and reality of the problem and are serious about achieving lasting peaceful resolutions. San Luis Obispo was a quiet family residential city when I raised my daughter here. I have a strongly vested interest in preventing San Luis Obispo from becoming another Isla Vista. Q Sinc rely, 13 5 ✓` �` "'� Mikr Gillman mikigillman@sbcglobal.net Home: 543-9621 1874 McCollum Street SLO CA 93405 i ss2 Slk Student-Community Liaison Committee OCal Poly.Cuesm College.Clry of San Luis Obispo C� A Statement of Our Hopes for the Community In order to continually improve the relationship between all segments of the community, the Student-Community Liaison Committee strives to promote these principles: • Community members should be civil and respectful towards each other. • Everyone has equal rights and responsibilities. • Members of this community should treat each other with respect and consideration regardless of their duration of residency. • Community members should be held accountable for their actions. • Community members should be respectful of other's residence and property. • Community members expect their residence to not be adversely affected by outside noise violations. • Community members should be able to have social gatherings that are considerate, reasonable and appropriate for the time of day. • Community members deserve to be recognized for their own actions and attitudes and not pre judged based on the actions and attitudes of others. • Community members should not be stereotyped based on age or any other criterion. • Community members deserve to be respected for what they contribute to the community. • Community members have a responsibility to add positively to the community. CISM CUESfA city of �.pQIY '" 4 - STUDENT GOVERNMENT it COLLEGE WS&san lues owpo � h L L: `` From: Sue Waterbury [mailto:suewaterbury@yahoo.com] SEP 2 9 ZOOS Sent: Tue 9/29/2009 10:37 AM To: Council, SloCity SLO CITY CLERK Subject: Tonight's study session with Chief Linden Dear City Council Members; Since I live in residential area affected by students, please know I completely support Chief Linden's proposal to give the neighborhoods back to the residents of San Luis Obispo. I have endured, as have my neighbors, twelve years on our little cul-de-sac of a parade of new students each year(from Cuesta College as well as Cal Poly, I might add) and I am most encouraged that stronger restrictions are being discussed tonight. The two lifestyles, family and students, are different and that's the bottom line. That's not to say that all students need strict guidelines, but with the addition of alcohol to large groups, someone needs to take control. Underage drinking is a huge concern to me, as a retired high school teacher. It is appalling when I see students given unlimited access to alcohol at parties and that only starts a behavior that continues unabated as they move off to college campuses and then feel it's their right to party with their new found freedom. It would be nice to sleep through the night on the weekends. Kids leave their gatherings at one or two o'clock and we must endure loud talking, racing engines and unnecessary activity on our streets. Our city is a very special place to live and I know I've lived in this neighborhood for 35 years. I am encouraged that strong measures are being considered and I support them without reservations. Sincerely, Susan Waterbury 234 Catalina Drive San Luis Obispo, Ca 93405 �N"RD CbP'9 /L RED FILE o'COUNCIL L�(_CDD DIR MEETING AGENDA eT4Ae cvey Im_ f„J FIN DIR ErAGA6AXra*nze[`FIRr. CHIEF DATE ITEM # SSS Z`ATTORNEY �_pw NR PfGL€A0AId 12 i-POLIO CH ❑ In T HEAO9 L?18C DIN Cf L.�__. --- [UTIL NA _muLX 2] 4 DIR _ Cou u(!4 C�-rz/ nl6/Z From: Dianne M. McGrail [mailto:mikedanmom@charter.net] Sent:Tue 9/29/2009 10:53 AM To: Ihernandez@calstate.edu Cc: Council, SloCity; Linden, Deborah Subject: Cal Poly WOW week/ PD Meeting To the Board of Trustees: As a parent of a new student to Cal Poly and a resident of San Luis Obispo County for 14 years, I would like to suggest some new standards to avoid the problems of WOW week. My new student was a bit dismayed at the amount of fellow freshmen going off campus to drink during WOW in the late afternoons and evenings. While only a few were cited, the amount of students actually participating in underage drinking seemed quite high. We have always had good conversations about the affects of such activities during his young life and he does not see the benefit of alcohol consumption before the age of 21. However, that is not true in a lot of families, nor is it the standard. He enjoyed WOW immensely, and thought the student-led groups were very helpful and informative. However, combined with a football game and the weekend, you can see how this would entice newly"free"teenagers to go exploring their freedom. Society has made it quiteacceptable to do all kinds of things that 30 years ago would not have been tolerated. When new students hear it hailed as Week of Wasted, that gives them the idea they must keep it going. Furthermore, we were quite appalled to see the drunken (mainly non- students)who greeted us at the entrance during move in on Saturday, pounding on cars and trying to freak out parents. Perhaps the CSU system needs to make more serious penalties for students and frat houses who disobey the law of the land. I realize you helped pass a new Social Host Ordinance, but I think the penalties should be higher. I would also think that you could make these policies prominent when recruiting new students. As soon as the young adults realize the behaviors will not be tolerated, they will soon get the idea that they may not want to risk their education. The majority of your student population is quite grateful to have been accepted to your campus. In other words, perhaps you could have a more strict expulsion policy for bringing shame upon the school. A dry campus is not enough, as you well know. I would also recommend when you expel a student for such behaviors, that you make it public. That does not mean you have to release their name, but you could make it clear there are penalties. You also need to have better public relations regarding the number of students involved vs. how many actually attend your campus. I find the amount of infractions smaller than I expected. I also do not think ASI received enough credit for sending out information to students via email during the WOW week. The media made it all sound as if the entire campus was completely out of control. I hope you will pass this on to the Board of Trustees. I also think that the community needs to realize this problem is not just a Cal Poly problem. Cuesta and SLO High School should also be held accountable. I am pretty tired of hearing this same problem year after year which gives the City Council, SLO PD and local citizens so much ammunition to mischaracterize an entire school based on the acts of a few, which seems to be growing in numbers. Sincerely, ('` C F Dianne M. McGrail v V 7!_ 333 Apricot St. SEP 2 9 2009 Nipomo, CA 93444 SLO CITY CLERK From: Batcheldor, Larry [mailto:larry.batcheldor@slo.courts.ca.gov] Sent: Tue 9/29/2009 2:16 PM To: Council, SloCity SEF 2 9 2009 Subject: Tonights Meeting on Noise and Party Issues SLO CITY CLERK RE: This Evening Meeting on Noise and Party Issues I will not be able to attend in person this evening but would like you to consider the following: Thank you so much for taking the time and effort to study and devise solutions for neighborhood noise and party issues. This is the number one neighborhood issue and has been for the last twenty years. The other two big issues are traffic calming, and neighborhood density. I hope you will take positive and firm action on noise and party issues as soon as possible. I will be brief and float a few items of consideration for you to ponder and take action on. Cal- Poly and Cuesta need to take strong action in this matter. They have been talking a good story but doing nothing. 1. They need to expel students for off campus behavior. Poly and Cuesta will say their hands are tied due to current by laws. I say that well educated men and women, administrators, can figure out a way to get this done. 2. They need to cover the expense of hiring four additional Police Officers for Thursday, Friday, and Saturday evening. The Police Department needs to embrace the concept of community policing, and change enforcement methods and policy. The current reactive method of just responding to noise calls has not been effective. Currently SNAP will respond first and issue a warning; the second call will send the Police who will issue a warning; and maybe on the third call a citation will finally be issued. The Police Department needs to be proactive by patrolling neighborhoods with vehicles, bicycles, and on foot. SNAP needs to be patrolling the neighborhoods as the eyes and ears of the department; SNAP determines the location of the violation, with the Police responding and issuing citations first time every time. Second response should be considered a disturbing the peace violation and an arrest should be made. Also, the fine amounts need to increase to cover the actual true cost of the Police responses. The amount should be high enough to make the person or persons think twice before creating a disturbance. A method of financial restitution to the neighbors who are deprived of a reasonable enjoyment of their property, and whose peace and dignity has been striped from them, and who suffer greatly from sleep deprivation, and mental anguish, needs to be devised and implemented. This can be done by all renters paying a set amount of money which will be refunded once they move from the property without any noise violations. And/Or the City Attorneys Office filing small claims suits on behalf of the neighbors who suffer from noise and party issues. These are just a few of my ideas. I know you will hear many good ideas at the meeting tonight. I hope you implement many of them as soon as possible. The time for study and consideration is past due, the time for action is now. Thank you, Larry Batcheldor 1874 McCollum Street San Luis Obispo, CA 93405 Name: Harry and Arline Fierstine Address: 640 Park Avenue City: San Luis Obispo State: CA Zip: 93401 Phone: 544-6672 Fax: email—from: hfiersti@calpoly.edu Message: We support Chief Linden and City Councilman Andrew Carter in their effort to strengthen the city's noise ordinance. We chose to live among students and enjoy their vibrancy. However, the party atmosphere has got out of hand and the tenants and landlords need to more accountable. RECE E SEP 2 9 2009 SLO CITY CLERK m E m o IZa n b u m i,qr"E san Luis omspo, aamirnstuation_OEpagtment DATE: September 29, 2009 RECEIVED TO: City Council SEP 2 9 1009 FROM: Jan Howell Marx, Council Member SLO CITY CLERK SUBJECT: Additional Information for September 29, 2009 Meeting Please find attached information that Jan Marx would like to share with the other Council members. &tCUNCILG CDD DIR 2TAt C,sy 4162 IN DIR RED FILE E AGAe-Aommnrc42"FIRE CHIEF -- MEETING AGENDA [TATTORNEY 2-PW DIR ?r LERK/ORIG 12-POLICE CHF DATE`kIL61 ITEM # 5a PT HEADS p RECDIR �- -- o'UTIL-DIR -- rROn Ncw;�wt�s Ce�civcz� C L-ry In62 Document2 I I Jan Howell Marx 265 Albert Drive San Luis Obispo CA 93405 September 19, 2009 Dear Fellow Albert Drive Residents, Since some of you may be new on the block, welcome! I would like to tell you a bit about your neighborhood and your neighbors. Albert Drive was built as faculty and staff housing in the 1960's. About ten years ago, a few homes were rented out to students for the first time. This student/long time resident mixed neighborhood has been harmonious by and large, as long as students have remained mature and respectful. So, who are your neighbors on Albert Drive? Besides a number of students who were smart, motivated and capable enough to get into Cal Poly, several of your neighbors are Cal Poly professors or staff members,current or retired. Several are business owners, operating out of their homes. There is a law practice, a CPA, a sound expert, a towing service, a landscape service and construction company doing business from homes on our street. People come from a variety of backgrounds. One of your neighbors is the son of University President Warren Baker, three are high school teachers or administrators, one is on the Board of Residents for Quality Neighborhoods, another is on the City's Promotional Coordinating Committee. On the next block are a city firefighter, a workers compensation analyst,an airplane pilot and a surgeon, among others. There are dozens of families with children in this immediate area. Generally, we have all gotten along very well in this mixed student/permanent resident neighborhood. Occasionally,however,conflicts have arisen, due primarily to large, drunken, loud student parties and trash left behind on our street. This kind of rowdy party is disruptive, unsafe and disrespectful. Such parties usually result in police action, with large fines to residents and landlords, plus criminal sanctions when warranted. Students have suffered alcohol poisoning, death, or even gone missing after such parties. Such parties are not good for anyone. Your neighbors have worked hard to buy their homes, raise their families and make this neighborhood a safe,clean,peaceful environment for everyone to enjoy.They are committed to maintaining that environment on Albert Drive and will protect their neighborhood, if the need arises. Rowdy parties are not appropriate on Albert Drive. If students have parties, they need to be small, quiet, and indoors to control noise. They must exclude minors if alcohol is served; they need to end early, and leave no trash behind. If students abide by this standard, there will be peace in this neighborhood. Otherwise,there will be problems. Thank you for being part of the solution. Give Peace a Chance, Jan Howell Marx, your neighbor and RECEIVED San Luis Obispo City Council Member SEP 2 9 7.009 SLO CITY CLERK' Tanta Cruz City Finance Department-Alcohol Wiles Permit Fee histruc... http://www.ci.santa-cruz.ca.us/fri/alcofee.html d r Alcohol Sales Permit Fee Instructions }�� Finance Department / In mid December of each year,The City of Santa Cruz will mail an annual billing statement(invoice)to each retail seller of alcohol in the City.The invoice will detail the amount of the annual Alcohol Sales Permit Fee. Payment is due January 31 st.Any requests for category changes(as Finance explained below)are due by January 15th. Department. City Departments and On November 24, 1998,the Santa Cruz City Council established an Alcohol Divisions Sales Permit Fee to recover approximately one-half of the cost of the Police Department's Alcohol Education,Monitoring and Compliance Program. Finance Deet Home Page The Alcohol Sales Permit Fee is based on the following three components: Admission Tax 1.The risk component is determined by definition under the Alcohol Sales Permit local alcohol ordinance. Businesses are classified as either Fee Instructions low or high risk. Business License 2.The hours component is determined by the latest hour in Database which a business sold alcohol on any day in the previous year. Business Licenses and Permits 3.The volume component refers to the dollar volume of a business'wholesale alcohol purchases for the previous City Budget calendar year. In the case of a partial year for new Comprehensive Annual businesses,the volume will be based on annualized Financial Report(CAFR) purchases. Doing Business The individual fee has been calculated based on classification into various with the City categories within the risk,hours,and volume components.The hours and volume components are divided into categories as described in the table Introduction to City below. Finances --- ........................ Cate Hours Component Volume Component City Revenue Sources tego—ry' Actual Hours Purchases Actual Amounts Purchasing Division Low No later than 10:00 p m. , Zero to$106,00 1 0 Santa Cruz City Home Medium No later than midnight. $100,001 to$300,000 Paae High No later than 2:00 a.m. Over$300,000 The fee for each category is: Alcohol Sales Permit CategoryFees Category Risk Hours Volume _ Low $72 68 $35.61^ $118 09 Medium 1. $106.83 1 $354:26 High Fs29O:73 $320.48 si 062.79 The City has assigned each business a category for hours and volume RECEIVED based on the prior years fee. SEP 2 9 2009 IMPORTANT:If,for any reason,a business disagrees with the category classifications assigned by the City,the business must respond,in writing,to SLO CITY CLERK the City Finance Department by January 15th.The City may then issue a revised invoice. Payment will still be due January 31 st.Send any such request to City of Santa Cruz Finance Departrient,809 Center St., Room 8, Santa Cruz,CA 95060. Questions regarding the fee or the Alcohol Education,Monitoring and Compliance Program,should be directed to the Treasury and Revenue of 2 9/27/2009 4:15 PM PART POWER OF ATTORNEY FOR HEALTH CARE _ (1.1) DESIGNATION OF AGENT:I designate the following individual as my agent to make health care decisions for me: (name of individual you choose as agent) (address) (city) (state) (up""code) (home phone) (ivor k phone) OPTIONAL:If I revoke my agent's authority or if my agent is not willing,able,or reasonably available to make a health care decision for me,I designate as my fust alternate agent: (name of individual you choose as first alternate agent) ' (address) (city) . (state) (zip code) (homephone) — (workphone) OPTIONAL:If I revoke the authority of my agent and first alternate agent or if neither is willing,able,or reasonably available to make a health care decision for me,I designate as my second alternate agent: (mmne of individual you choose as second oltirnote agent) (address) (city) (state) - - (zip`codej (home phone) (work phone) (1.2) AGENT'S'AUTHORITY:My agent is authorized to make all health care decisions for me,including decisions to provide,withhold,or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive,except as I state here: (Add additional sheets if needed) (1.3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE:My agent's authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I mark the following box If I mark this box O,my agent's authority to make health care decisions for me takes effect immediately. (1.4) AGENT'S OBLIGATION:My agent shall make health care decisions for mein accordance with this power of attorney for health care,any instructions I give in Part 2 of this form,and my other wishes to the extent known to my agent. To the extent my wishes are unknown,my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest,my agent shall consider my personal values to the extent known to my agent. (1.5) AGENT'S POSTDEATH AUTHORITY:My agent is authorized to make•anatomical gifts,authorize an autopsy,and direct disposition of my remains,except as I state here or in Part 3 of this form: New Alcohol-Harm Mitigation Fee Proposed fnr,San Francisco l ttp://www.nm inin%titLte.org(site/press-room/press-releases/230.htnil I i /" Ay_ RECEIVE® SEP 2 9 2009 SLO CITY CLERK ! Home Campaigns I Big Alcohol ' Resources Blog About Us Press Room TAKE ACTION DONATE - Home->Press Room->Press Releases->New Alcohol-Harm Mlggation Fee Proposed for San Francisco New,Alcohol-Harm Mitigation Fee Proposed for San Francisco FOR IMMEDIATE RELEASE English f Espanol CONTACT: Supervisor John Avalos 415359-8367 Bruce Lee Livingston 415-515-1856 Jorge Castillo 415 257-2488 Michael Sclppa 415 257-2490 Head of SF Budget Committee Calls for Alcohol Impact Fee Program to Fund Essential Services San Francisco,CA(June 9,2009)—Not surprisingly,San Francisco may soon consider an alcohol mitigation fee to fund essential health and criminal justice costs. "The impact of alcohol consumption in San Francisco costs millions of dollars to the City and County,"said Supervisor John Avalos,Chair of the Budget and Finance Committee of San Francisco."San Francisco alone should no longer suffer the costs of unmitigated alcohol harm." Marin Institute,the alcohol industry watchdog organization,has estimated over$8 billion annually in harm to the various governing agencies of California."San Francisco's share alone is at least$175 million in unmitigated alcohol-related program costs,"said Bruce Lee Livingston,Executive Director of Marin Institute. Alcohol-related costs are incurred at the San Francisco General Hospital.emergency room,in ambulance services,treatment, rehabilitation,and hospitalization for liver disease,cancer,and heart disease.Criminal justice costs from alcohol include police response to traffic accidents or domestic violence disputes,court adjudication and incarceration. "San Francisco is the first county in Califomia to propose a mitigation fee for alcohol harm,"said Livingston."We commend Supervisor Avalos for his leadership. In these tough times other counties and cities may also want to use their police powers to keep their safety nets alive. It's time to charge the alcohol industry for harm and get tens of millions of dollars for related services,"Livingston added. The legislation Avalos is proposing creates a majority vote fee program, not a tax.Avalos'stated findings will show a nexus between health care,human services and public safety costs and the sales of alcohol by wholesalers in the county.Fees will be assessed on wholesalers at the first point of sale in the county. Fee programs are part of a long-standing tradition in the California constitution of the police powers of the state,city and counties to protect health and safety.AB 1019,the Alcohol-Related Services Act,is a proposed similar approach at the state level. "I am looking forward to productive meetings with the Office of the Mayor,HSA,DPH, SFPD and others to develop a fair San Francisco Alcohol Impact mitigation fee program."Avalos added. of 2 9/27/2009 4:17 PM Lead Mail - http://www.sta^fordmail.org/tpVMessage/323MZVPAH/Read If < > Delete Reply Reply All Forwardias Attachment -- - Move TorTrash Submit as Spam ..... . Copyright®199&2009 USANET,Inc.®All Rights Reserved.Users of this site agree to be bound by the Terms and Conditions of USANETs messaging service. 2 of 2 9/22/2009 8:54 AM N E w S `�s, May 21 2009 RECEIVED y SEP 2 9 2009 Statement from Cal Poly President Warren J. Baker: SLO CITY CLERK Today's arrests are a sad reminder of the tragedy that took the life of a promising young Cal Poly student and has caused so much pain to the family of Carson Starkey. Our sympathy again goes out to Carson's family. To the Cal Poly community and the public, I want to underscore, emphatically,that Cal Poly has zero tolerance for hazing. I also want to note that three separate and distinct processes have been underway since Carson's death last December. First is the criminal:justice process: Because the incident occurred off-campus, the San Luis Obispo Police Department and the District Attorney have had the oversight responsibility for the criminal investigation of this incident.As you would expect, Cal Poly has cooperated fully in that process. Second is Cal Poly's student disciplinary process: The University has investigated more than a dozen students who may have been involved in this tragic event. As a result of those investigations and as an outcome of the campus disciplinary process, nine students have either permanently withdrawn from Cal Poly or been suspended for at least one academic year. Our investigations into other students who may have been involved are continuing. In addition the university has revoked the fraternity's charter indefinitely. Third is Cal Poly's ongoing and expanded programs to educate students about dangerous and unlawful behaviors such as hazing and the use of alcohol: We have initiated several new programs designed to.eliminate hazing and promote responsible social behaviors. Among those programs are required training sessions for student leaders of Greek pledge activities. We also are hiring two staff people who will devote 100 percent of their time to working with and educating all fraternity and sorority.members on these issues. The Cal Poly community remains deeply saddened by this course of events but we are determined to draw lessons that may help us avoid future tragedies. For additional questions or to schedule an interview, contact Stacia Momhurg at 805-756-6260 or 805-459-8392. I'I It II Ili "A.: I ,I Ii I Icn:I^. IN ill IH IINIt 11: 11 IN I Vt W,I IN. . �,\N IIj I? 1i111'+I'l I, �.,A '1;ali? .Y,t'�Si "';I, { ;! : Greek System Review Task Force Report- CSU, Chico _ Page 1 of 22 [Skip To Contentl Greek System Review Task Force Report Greek System Review Task Force Report California State University, Chico Submitted to President Paul J. Zingg RECEWED SEP 2 9 2009 May 16, 2005 SLO CITY CLERK Task Force Membership Jim Moon,Chair,Vice President for Student Affairs Deanna Berg, Staff Council Ralph Meuter, Dean Emeritus, Greek Alum Maribel Bravo, President, Ethnic Greek Council Mary Quiring, Student Affairs Juliann Clarke, Faculty Eric Reichel,University Police Department Michelle Dobin, President, Panhellenic John Rucker, City of Chico, Police Department Jane Dolan,Alumni Association David Stephen, University Housing Rob Felicano,Student, Greek Leader and Food Service Steve Halterbeck, Student, Greek Leader Marcie Tevis, Greek Alum Advisor Nick Hollingsworth, President IFC Meghan Thompson, Student, Greek Leader Connie Huyck, Greek Life Advisor Kassidy Warren, Student, Greek Leader Lizanne Leach, Student Judicial Affairs Jed Wyrick, Faculty TABLE OF CONTENTS INTRODUCTION http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Fnrce Report- CSU, Chico _ Page 2 of 22 RECENT EVENTS CHARGE FROM THE PRESIDENT STATEMENT AND ACKNOWLEDGEMENT OF THE PROBLEM THE TASK FORCE TASK FORCE RECOMMENDATIONS Tier 1A Tier 1B Tier 2 Tier 3 ADVANTAGES OF A GREEK SYSTEM CONCLUSIONS OF THE TASK FORCE APPENDICES INTRODUCTION On February 20, 2005, Paul J. Zingg, president of California State University, Chico called for a comprehensive review (Appendix A) of the Greek system after the tragic death of Matthew Carrington on February 2, 2005, due to a hazing incident conducted by an unrecognized fraternity. Mr. Carrington's death was preceded in the fall 2004 semester by the death of a recognized fraternity member involved in a traffic accident immediately following a fraternity initiation ceremony. A third incident involved the near death of a pledge from alcohol poisoning in a recognized fraternity on January 20, 2005. These and other continuing alcohol poisonings of students in Greek organizations throughout the past year and continuing police reports (Appendix B) of disproportionate use of public safety resources from the community and campus also led to this review. On April 12, President Zingg addressed the Greek community (Appendix C) and described 10 conditions that individual chapters would be required to meet in order to be considered for continuing as a social Greek organization at CSU, Chico . Following the February 20 address, a Greek System Review Task Force was brought together to conduct the comprehensive review called for by the president. In addition to forming a task force, the vice president for Student Affairs hired Dr. Tom Jelke(Appendix D), a consultant with nationwide expertise in assessing Greek systems. The task force wishes to acknowledge the thoroughness of Dr. Jelke's review (Appendix E) and the plethora of practical suggestions he made as a blueprint for a successful Greek system. His ability to quickly gain rapport with a wide range of constituent groups (Appendix F), his obvious expertise on the subject matter, and his detailed suggestions on how to improve Greek organizations has given his assessment a high degree of credibility. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Force Report- CSU, Chico Page 3 of 22 Brief Background History of Greek Letter Social Organizations A cursory review of University records shows fratemal organizations (including women's and men's groups) dating back to 1918 with the founding of Alpha Chi sorority and Iota Sigma fraternity in 1924. Apparently, the first few fraternities and sororities were local organizations without national affiliations. The establishment of organizations continued through the next three decades, although few in number and number of members. Beginning in the 1950s, some of these organizations merged with or sought national organization charters. Indications are that several national organizations had come to Chico to inquire about chartering chapters in the mid 1950s. Issues facing organizations at the time are outlined by President Kendall, in a 1954 memorandum to Dean of Students Hugh Bell, in which Kendall cautions that hazing needed to be eliminated and social practices needed upgrading..He included a call to "improve the social fraternities of this campus so that in your judgment you would feel easy in recommending to any parent that his son would profit by being a member" Additional nationally chartered chapters were established through the 1960s. By the mid 1960s the campus hosted four women's and seven men's organizations. This period was peppered with reports of behavior problems and the establishment of committees,policies, and practices to address them. Minimum grade point averages,housing requirements, and a policy regulating the establishment of new organizations were among the topics of the period. Beginning in the late 1960s and early 1970s, fraternal organizations began a decline in membership and number of chapters across the country. Much of this is attributed to the student cultural shift of the times as the baby boom generation began to reject traditional activities in favor of social and political action. While during this time Chico lost no chapters and even gained a national organization or two and a couple of local groups, membership surely declined to some degree. Most fraternal experts agree that it was during this time that chapters drifted more and more towards parties and alcohol while membership became harder and harder to recruit. Pioneer Days was becoming a focus for the organizations, and the competition was heating up for the bragging rights associated with the various contests. Issues from the 1960s include alcohol at rush events, academic eligibility for rush, chapter behavior, and disturbances. The 1980s began with six women's organizations and nine men's. One of the women's organizations was organized as an anti-Panhellenic group while the rest of the local organizations were represented at either the Interfraternity (IFC) or Panhellenic Councils. The 1980s into the 1990s was another growth period. Several national men's and women's organizations were established. Membership numbers at Chico and across the country blossomed. Greek membership across the country and at Chico was at an all time high. Pioneer Days, nearly to the exclusion of all other activities, was the focus of Greek life. The financial commitment and amount of volunteer time became intense and a burden to some organizations. Following two years of increased behavior problems and other warning signs, in 1987 Pioneer Days erupted into two nights of riotous behavior. The tradition was ended, only to be resurrected by a community association for three more years. Again in 1990, two nights of rioting erupted and the Pioneer Days, renamed Rancho Chico Days,tradition was permanently ended by the City of Chico. The year 1982 was marked by the tragic death of Jeffery Long during a fraternity new membership activity on River Road. The founding of both local and national cultural or ethnic Greek organizations also marked the 1980s and 1990s. Historically national African-American organizations were chartered in Chico, as were predominantly Latino organizations. Groups labeling themselves as "multicultural"were also established along with Hmong and other Asian groups. At least two of the organizations that had their start at Chico have gone on to become "national" or multichapter organizations. Chico was among the first campuses in California and the southwest to experience and foster these new fraternal groups. http://www.csuchico.edu/sa/greek.report/ 9/29/2009 Greek System Review Task Force Report- CSU, Chico _ Page 4 of 22 i. The number of chapters of fraternal groups peaked in the mid 1990s. While several groups flourished in membership, competition drove other organizations to smaller and smaller numbers as the decade wore on. By the late 1990s and early 2000s several national organizations had closed chapters for financial or behavior reasons. In 2002, CSU, Chico President Manuel Esteban, at the request of the vice president for Student Affairs and the Student Activities Office, established a Greek Task Force to evaluate and recommend changes in the Greek system. Issues of this era were similar to the past, but the 2000 alcohol poisoning death of Adrian Heideman during a fraternity"big brother" event punctuated the need for reform. In 2004-2005, a traffic fatality after a fraternity event, the near death alcohol poisoning of a fraternity pledge, the death at an unaffiliated fraternity of pledge Matthew Carrington during a hazing incident, and the filming of a pornographic movie at yet another fraternity house left President Zingg with little choice but to issue an ultimatum to the Greek system and charge four task forces with making recommendations for change. New standards of behavior and operations are in the wings for groups to either adopt or to cease to exist. Currently there are 39 social Greek organizations on campus with 1,238 members. These organizations include those who are members of the Interfratemity Council, Panhellenic Council, Ethnic Greek Council (EGC), individual local fraternities and sororities and other social Greek organizations not affiliated with any of the above groups. Of these 39 groups, 20 operate chapter houses in and around the campus. See Appendix G for more detailed information. To put these numbers in perspective, the University had an undergraduate enrollment this year of 14,235. RECENT EVENTS Since 1996,ten people have died from alcohol, other drugs, or hazing. Seven of those have been the result of Greek organization activity or involved a member of the Greek community. Prior to this school year, the death of Adrian Heideman, in October 2000 at a fraternity initiation event, was the cause for a heightened focus on alcohol poisoning. The Campus Alcohol and Drug Education Center(CADEC) developed additional programs to address this issue. The fraternities of the IFC voluntarily agreed to deferred rush (no fall recruitment) of freshmen for a two-year period, 2001-2002 and 2002-2003. For a variety of reasons, continuation of deferred recruitment was not reviewed until fall 2003, after recruitment for that semester had occurred. Then, more recently: October 2004, Daniel Mason Swarm, a Butte College student in a Chico State fraternity; was killed in a car accident returning from a fraternity initiation event. The fraternity was found in violation of alcohol policies and was suspended for a period of time. 2004 calendar year, IFC and Panhellenic student leadership made several proposals which resulted in the Greek Life Agreement that was signed by all IFC fraternities and two Panhellenic sororities in December 2004. The remaining sororities agreed to sign but were waiting for approval from their national headquarters. This agreement called for the chapters of these groups to make progress toward each chapter being at or above the men's/women's undergraduate GPA average (Appendix H), to participate in new-member education programs conducted by the University, participate in a community forum, and agree to dry rush. The University agreed to sponsor public recognition of those groups having the highest GPA and award $250 to each fraternity and sorority achieving this level, and to contribute$1,000 to an endowment that would support academic programs. January 2005,before classes began for the spring 2005 semester, one of the signers of the Greek Life http://www.csuchico.edu/sa/greckreport/ 9/29/2009 Greek System Review Task Farce Report - CSU, Chico Page 5 of 22 Agreement was responsible for the near death of a pledge due to alcohol poisoning after an initiation event on January 20, 2005. At a joint IFC/Panhellenic meeting on January 31, the vice president for Student Affairs met with the Greek leadership and among other things told them(1) they needed to find a way to separate themselves from alcohol abuse, and (2) they needed to reinvent themselves, citing the recent alcohol poisoning as an example of their credibility being very low with the University. February 2005, two mornings later, February 2, Matthew Carrington died from an alleged initiation activity that members of an unrecognized fraternity had been informed about at a member education event on Greek values. Fraternity brothers delayed calling 911 for over an hour after it was obvious that Carrington was in a serious medical emergency. Earlier in the weekend prior to President Zingg's first address to the Greek community, a sorority member was transported to the hospital for alcohol poisoning. April 2005, Prior to the president's second address to the Greek community, it was learned that one of the signers of the Greek Life agreement had participated in the making of a pornographic video at the chapter house in the fall 2004 semester. The president, faculty, staff, and other students at the University, as well as members of the Chico community, had had enough. Therefore, on April 12, 2005, the president addressed the Greek community again, speaking to about 1,000 in attendance, and called once more for them to live up to their chapter values and be true to those values. If they did not, he said, they would not be welcome at Chico State . The president announced his 10 Terms and Conditions that were minimum requirements for Greek Organizations to be considered for continued University recognition. There are several constituent groups on campus and in the Chico community, including the student Greek leadership,who believe that we must not only change the way the Greek system works at Chico State,but appear ready to make those changes. CHARGE FROM THE PRESIDENT "Accordingly, I have directed Vice President for Student Affairs Jim Moon and his leadership team, assisted by others throughout the University, including representatives of the Greek system, to undertake immediately a thorough review of the entire system. Everything is on the table in this review— from leadership development to membership behavior, from social responsibility to community service, from rush practices to the very fact of the Greek system's continued existence on this campus. I have asked that this review be completed before the end of the spring semester. "This review will be open-ended. There are no predetermined outcomes to it. But there are definitely predetermined goals: If we continue to have fraternities and sororities at Chico State,they must reflect the self-professed and admirable ideals of those organizations and they must be aligned unequivocally with the core values and necessary expectations of the University itself. And these—let me reiterate— are community, civility,respect, service,tolerance, and integrity." http://www.csuchico.edu/sa/greckreport/ 9/29/2009 Greek System Review Task F^ rye Report - CSU, Chico Page 6 of 22 i�1 STATEMENT AND ACKNOWLEDGEMENT OF THE PROBLEM The task force accepts Dr. Jelke's assessment as accurately reflecting the current condition of the Greek system at Chico State and acknowledges that it is indeed"...in a state of disarray." Further,the task force acknowledges his conclusion that, "For the Greek community, and for individual chapters, failure to make significant change will probably result in their extinction."That being said, the task force also acknowledges Dr. Jelke's assessment that the Greek system is salvageable if it embraces the opportunity for change that is now before them. This also includes the need for the University to provide the support to help them do so. While University support certainly includes resource issues, it also includes the University's commitment to hold Greek organizations accountable to the standards as outlined in a University and Greek Organizations Relationship Statement referred to later in this report. It must be noted that the Greek system at Chico State operates in a broader youth and community culture in which alcohol and drugs are readily accessible to anyone of almost any age. Within a mile of the campus about 50 businesses are licensed to sell alcohol. Because competition is heavy to attract customers with this many alcohol outlets, some of these businesses advertise heavily and/or provide numerous drink specials so that not only is alcohol readily available,it is inexpensive. The weekly drink specials page in a local newspaper is evidence of this. The low cost and easy accessibility to alcohol, intense national advertising that glorifies alcohol use, and an insufficient number of weekend activities providing low-cost and accessible activities that do not include alcohol add to the problems emanating from the Greek system. The introductory "General Observations"of Dr. Jelke's report summarize his assessment of the Greek system at Chico and appears below. . The Greek community at CSU, Chico is in a state of disarray. The recent and not so recent tragedies, "near misses, "and questionable activities that have occurred are testaments to the seriousness of this state of disarray. While there are a variety of issues that will be covered in this report, the central problem is that the members of the community are not in touch with the core values of their organizations. Fraternities and sororities are supposed to be value-centered entities that help develop members into exemplary students, leaders and citizens who serve their university and surrounding community, and people who uphold and act in accordance with the loftiest of behavioral expectations. Many of the fraternities and sororities on campus, and a large number of the members in all of these groups, do not truly believe in this purpose. . This deep-rooted problem has been exacerbated by several underlying factors: historically inconsistent support, guidance, and accountability from undergraduate peers, alumni, volunteers, and the University; an ineptness and inability of current members to recruit new members in a way that attracts a "more serious"student; new-member programs that focus on irrelevant, childish, time consuming, anti-academic, and often dangerous behavior; surrounding drinking establishments that often blatantly promote irresponsible behavior; the community's (city, university, and Greek) highly social reputation that attracts students, several who admitted to me that they come to CSU, Chico primarily for the social environment; a lack of desire, human and financial resources, and/or perceived reasons to make substantive cultural change. . With that said, the Greek community and the University community are at a crossroads. President Zingg's address to the Greek community made it clear that the status quo would no longer be tolerated. In other words, there is an expectation that these organizations realign themselves with http://www.csuchico.edu/sa/greelueport/ 9/29/2009 Greek System Review Task F--ce Report - CSU, Chico _ Page 7 of 22 their core values. If anything good has emerged from the latest tragedy, it has created a sense of urgency, and with it the momentum needed to instigate a necessary and significant cultural change. Both constituents have the opportunity to come together to make substantive change and directly or indirectly address all of the issues above. Many Greek leaders are embracing this opportunity to attempt to make change, but are going to need support and guidance from the University and other entities (alumni, advisors, and national headquarters) to make it happen. For the Greek community, and for individual chapters and members,failure to make significant change will probably result in their extinction. Dr. Jelke has identified 15 major themes which require attention. The following are excerpts from his report. Vision and Values Education The CSU, Chico Greek community needs to develop a shared vision of its values,purpose, mission, and goals. . Few members of the Greek community were able to communicate a shared vision for their own chapter, and even less could do so for the community at large. There is a disconnect between councils, chapters, and even individuals in chapters on what it means to be in a fraternity or sorority. Before the Greek community can make any significant change, a concerted effort is needed to get chapter members and whole chapters to understand the true meaning of fraternity. Too many students are joining fraternities and sororities for the wrong reasons. Way too much emphasis is placed on the social aspect of fraternities and sororities Academics and Faculty Interaction Nearly all chapters are way behind the all men's and all women's average when it comes to academics, and that is unacceptable. The fraternities and sororities have to work on strengthening their academic policies as a community. Groups that consistently remain below the all men's and all women's averages are dragging down the rest of the community and hurt the Greek community's opportunity to be taken seriously by the University. Academics are a main tenet of all chapters at CSU, Chico, and there is no integrity or credibility built when chapters struggle to succeed academically. Alcohol and Other Drugs One of the main problems for the Greek community is the focus on alcohol. Other drugs are also a factor for many members as well. . At nearly every campus, alcohol is too often the focus of fraternity and sorority social events, recruitment events, new-member events, and even philanthropic events. CSU, Chico has many of these same problems. Survey results are very clear: CSU, Chico students drink more than the http://www.csuchico.edu/sa/greekieport/ 9/29/2009 Greek System Review Task Force Report- CSU, Chico Page 8 of 22 average college student. Anecdotal data indicates that fraternity and sorority members drink more than the average CSU, Chico student and have access to more alcohol. . There is also a dangerous "drink to get drunk"mentality that exists. Regardless, the statistic that is glaring is the number of deaths on campus over the past 20 years that have been alcohol related, a majority of which involved Greek members. . Chapters rarely follow the University's or their own alcohol policy. . Adding fuel to this problem is the proximity of drinking establishments that provide alcohol for very low prices nearly every day of the week, a party-school image that attracts too many students to the University for the wrong reasons (and a certain undesirable element to the community), and a lack of alternative programming on campus and in the community. Leadership Development The CSU, Chico Greek community needs a more centralized leadership development program that is geared towards fraternity and sorority members. . CSU, Chico's Greek community does less in this area than most other communities, including those half its size. New-Member Development New-member programs for fraternities and sororities at CSU, Chico are harmless at best and dangerous at worst. . New member programs should provide support and guidance for students who decide to join a Greek organization. This support and guidance should focus on transition to the University setting, academics, values education, and understanding the operations of the chapter. Most of the new-member programs for the fraternities and sororities have students engage in activities that are unproductive. • Many of the fraternities and some of the sororities also have new members participate in activities that involve the consumption of alcohol, embarrassing and/or belittling situations, and in worst cases, activities that put new members in danger. . Hazing, at CSU, Chico and other places, is a cancer. . Members who are hazed often see initiation as the finish line, and then become less productive as members. Hazing has also been the cause of too many incidents at CSU, Chico to be accepted in any form. Standards and the Judicial Process http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Florce Report - CSU, Chico Page 9 of 22 The judicial processes for the Greek community (both on a council level and individual chapter level) and the University are not as effective as they need to be. . Currently,the Greek judicial process is lacking in substance and empowerment. Chapter standards boards are either non-existent or inconsistent. The University judicial system also suffers from a lack of collaboration and cooperation with internal and external entities. Programming and Co-sponsorship More programs should be done for or by the Greek community as a whole,particularly non-alcoholic programming and alternative programming. Almost no programming occurs between the Greek community and other entities on campus. High performing Greek communities provide a diverse set of programs for members, and also seek out and implement programs with other campus entities such as other student groups or even University offices and departments. Public Relations and Community Relations The CSU, Chico Greek community needs to create a positive public image on campus and in Chico and other nearby communities. . The general public perception of the Greek community at CSU, Chico is quite negative, especially in light of recent incidents. . Too many students want to change perceptions without changing behavior.Leaders of the Greek community lacked confidence that some of their members were going to be positive influences for change. They felt that those members didn't think things were"so bad" and blamed external entities (the media, stereotypes, other fraternities/sororities, etc.) rather than take responsibility for creating a better image by aligning themselves with the core values of the organization. Service and Philanthropy A better balance of hands-on community service and campus-based philanthropic efforts is needed in the CSU, Chico Greek community. Moreover, more efficient and open philanthropies are needed. . Many chapters see philanthropy as one of the strengths of the Greek community at CSU, Chico. However,there is much room for improvement in this area, and also room for the University to provide assistance. For starters,there is NO room for any alcohol at a fraternity or sorority philanthropic event. Risk Management and Crisis Management Risk management and crisis management policies need to be clearer,followed more closely, and made a http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Fnrce Report- CSU, Chico Page 10 of 22 part of annual education for chapter and council leaders. . Chapter leaders and members do not have a grasp of what the policies are,which are more highly enforced, and what to do in case of an emergency. Training needs to include ways for chapter leaders to enforce the policies. . Most chapters aren't practicing risk management; they are practicing"get caught avoidance." . Alcohol and hazing are probably the biggest risk-management problems. Chapter Alumni and Advisors Consistent chapter advising is needed for all of the groups if the Greek community at CSU, Chico is going to improve. Alumni need to be educated about the changes occurring in the CSU, Chico Greek community. . Chapter advisors are an important part of any high-performing Greek community. . The alumni and other volunteers that do get involved with the Greek community at CSU, Chico are extremely dedicated and provide amazing support for some of the groups. The problem is that some groups operate without consistently strong advising. University Recognition If chapters are going to value remaining a part of the official University community, more needs to be done to make recognition essential for their existence.. . Point blank: it needs to be so much better to be a university-recognized student organization than not be recognized that chapters will bend over backwards to meet the proposed criteria and standards set by the University. University Facilities For a campus that prides itself in creating a welcoming, nurturing, and engaging environment for its students, CSU, Chico has a large lack of recreational facilities and programming space. . Involving colleges anduniversities produce environments whereby students can engage with each other and faculty/staff in positive,productive ways. Part of how that environment is created is the utilization and building of recreational and programming space. Students in many rural campuses state that there is nothing to do except drink. While I am not persuaded by the latter half of that statement is true at CSU, Chico (there are always other things to do thandrink), the former half is arguable. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Farce Report- CSU, Chico Page 11 of 22 University Support and Staffing Issues With all of the changes and expectations described above, the University is going to need to provide resources and support for fraternities and sororities if they are to survive. . The University administration, for various reasons, has not been as engaged with the Greek community as it could have been. The president has shown his interest in becoming more involved in fraternity/sorority life through the creation of high expectations and the voicing of a need for more support for those organizations that meet those criteria. . On many campuses, the expectations and support level for the Greek community is different than that for other student organizations. On those campuses, the stance is justified by the Greeks' own set of values and their similarity to the University mission, and the Greek community's ability to embody all the positive characteristics of a strong campus life. At CSU, Chico, that stance can also be justified by the inordinate amount of issues that have arisen with the Greek community when there are no expectations and little support, and the lack of past committed resources to help them improve. Recruitment and Expansion The Greek community at CSU, Chico needs to create a unified, intentional, comprehensive recruitment program. An expansion plan to bring in strong new fraternities is also necessary in order to create an orderly and systematic way to deal with any attrition of chapters. . Recruitment is very different from "Rush"–one is active, personal,targeted, and intentional; the other is passive, event-based, haphazard, and coincidental. Most Greek communities operate on a "rush"mentality. That is certainly the case with CSU, Chico. . Currently, the"rush" mentality is passive (current members wait for prospective members to come to them) and event-based(recruitment events are the only place where recruitment takes place). To complicate matters, too many students are joining IFC fraternities and Panhellenic sororities for the `wrong' reasons. . Even worse, some fraternities are using alcohol during or after recruitment events! Many students who enjoy that stereotypical image are the ones that will seek out fraternities and sororities, while more"serious" students will avoid them. If significant progress is to be made in the next five years,more effort needs to be made by Greek members to understand,believe in, act in line with, and promote the positive aspects of Greek life as a whole. . They need access to the more serious students, but have not proven themselves to be trustworthy to receive that access yet. . The University should consider an incentive-based deferred recruitment program. For example, chapters that meet new member academic requirements for the fall and spring would be able to pledge freshmen the following fall. Those that did not would be unable to recruit freshmen in the fall. This would place a great deal of emphasis on new member academics—a sorely needed http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Fnrce Report- CSU, Chico Page 12 of 22 change. Consultant's Conclusions Key points from the Jelke report regarding the future of the Greek system include the following: . First and foremost, a decision needs to be made on whether to recognize the fraternities and sororities at all. If they are to be recognized, then a strategic plan needs to be coordinated that will define the future expectations and levels of support for the Greek community. . In his opinion,the fraternity and sorority community at CSU, Chico is salvageable. . The changes that are necessary will no doubt challenge members, chapters, and the entire Greek community to realign themselves with their core values, or lose their membership or recognition. . There needs to be a purging of the current Greek community, and the University can help facilitate this by creating the high standards and expectations discussed above, and by providing those willing to make the change with the support they need. . Those expectations should include: o Academic performance for members and new members o New-Member education parameters o Faculty and Chapter Advisor positions filled with engaged persons o Functioning Alumni House Corporations for chapters with houses o No alcohol at any events for at least a year o A chapter reorganization (membership review) to be held by all chapters that have not gone through one in the past year. This process should be conducted through alumni and/or headquarters by a certain date o Chapters with houses need to have periodic code inspections from the city o Chapters need to remove any members that are not fully enrolled CSU, Chico students o Chapters need to turn in all rosters,policies, and other requested information to Greek Life by a specific deadline THE TASK FORCE President Zingg has created a Commission on Campus Life with six task forces, of which the Greek System Review Task Force is one. The others are Hazing, Alcohol Abuse, Personal Safety in Campus Neighborhoods, Student Engagement, and New Student Orientation. Dean Emeritus Stephen King is the chair of the Commission. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Farce Report- CSU, Chico Page 13 of 22 i The chairs of the first four task forces formed first and have met weekly with Dr. King to ensure coordination of commission efforts. The Greek System Review Task Force began its work on March 24, 2005, with an aggressive timeline because the president wanted a report by the end of the semester. Seven meetings were held plus an Open Meeting for the public to address the task force. The work was completed in seven weeks. This report was delivered to the president on May 16, 2005, meeting his requested timeline. The task force made a commitment to consider every idea given to it from whatever source. Ultimately, some 80+ideas were discussed as well as the president's two addresses and the consultant's report. The task force also met with Dr. Tom Jelke,the consultant, at their first meeting. Some ideas were referred to other task forces, such as the task force on Hazing,but most have been incorporated into the list of recommendations. In addition to reviewing the items described above, the task force and/or the chair reviewed similar campus reviews and/or Relationship Statements from Colorado State, San Diego State, De Paul University, San Jose State University, California State University, Fullerton, University of Minnesota- Twin Cities, Colorado State University, University of Oregon, Bucknell University,University of Washington, and Texas A&M. Also available to the task force was the latest National Panhellenic Conference Standards document and the North-American Interfraternity Conferences Standards document. For the most part, the task force met as an entire group at each meeting. Attendance was consistent from among the 20 members serving on the task force. At one point, the task force divided into smaller work groups and organized their review around several subtopics: Greek Organization, Chapter Houses, University Policy, Faculty Advisors, Alcohol, and Community Service. A broad cross-section of campus and community constituencies were represented as indicated by the membership list on the cover of this report. Task Force Recommendations Task force recommendations are accompanied by planning worksheets which can be found in Appendix I. These worksheets identify a problem and list action steps for moving the recommendation forward to address the problem. They delineate who will take the action, in some cases how it will be done, by what date, and any known cost to implement the recommendation. The recommendations of the task force are based on the assumption that every chapter(IFC/PH/ EGC/Local) must meet every task force recommendation addressed to them in order to be considered for continuing recognition or re-recognition whenever they have been suspended. (Zingg#1) The task force recommendations have incorporated President Zingg's 10 Terms and Conditions as well as those at the end of Dr. Jelke's report. President Zingg's Terms and Conditions are so noted next to task force recommendations. The implementation of the recommendations will be a learning process for the campus. Some are simple and straightforward. Others will require further deliberation. In any event, as we learn what works and what needs changing, we will change what we do to continuously find ways to improve the Greek http-Hwww.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Fr rce Report - CSU, Chico Page 14 of 22 system. The task force recommendations are based on the following: . The president's February 20 and April 12, 2005 addresses to the Greek community . Tom Jelke's report . Consideration of every idea suggested to the campus via e-mail since Matthew Carrington's death and from an Open Meeting held on April 27, 2005 e Discussions of the Greek System Review Task Force The task force has organized its recommendations into three tiers for implementation. . Tier IA Completed by September 1, 2005 . Tier 1B Completed by October 15, 2005 . Tier 2 Completed by March 15, 2006 e Tier 3 Begun during the 2006-07 year All recommendations were required to meet most of the following criteria: . Substantive . Affordable (or must identify costs) . Manageable . Measurable(if possible) . Incorporation into organizational infrastructures . Potential for reducing another student death. More details on each recommendation are in Appendix I. Tier 1A Recommendations (Completed by September 1, 2005.) http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Farce Report- CSU, Chico Page 15 of 22 1. All chapter houses must file with the Student Activities office the contact information of their landlord/property manager/alum corporation board. (Zingg#6) 2. All chapter houses and chapter events shall be alcohol and drug free. This shall be monitored by chapter leadership, appropriate Greek councils, and all chapter advisors will involve campus and city police reporting mechanisms. However, alcohol may be present at events utilizing a third- party vendor if approved by the Student Activities office. Utilize the Greek Life Judicial Board for investigations and sanctions. Refer cases of individual violations of the campus discipline code to Student Judicial Affairs. There will be zero tolerance of underage drinking and providing alcohol to minors. A chapter found in violation may lose recognition or will receive a lesser sanction. (Zingg#9) Adherence to this recommendation is one of the quickest ways for the Greek system to rebuild a positive reputation and demonstrate that it means what it says when claiming that chapter values are their first priority. Each chapter,or the councils, should develop activities without alcohol that can be enjoyed by chapter members on an on-going basis, not just at periodic Greek-wide events. Develop an event in the fall which is Greek-wide or campus community-wide that is a non-alcohol event. 3. No hazing. This recommendation has also been referred to the Hazing Task Force for in-depth review. (Zingg, #10) 4. Postpone all recruitment, for all Greek organizations,of all new members during fall 2005. Many recommendations that follow depend upon a fall 2005 new-member postponement. This will allow chapters to restructure, rebuild, and recommit to chapter values as their first priority. 5. Notify students and parents of all student organizations that have been suspended from operating and those not recognized by the University. This should be an active notice, not limited to a passive Web site listing. Notify owner/manager of chapter house and University Police and Chico Police whenever the University has withdrawn recognition of a Greek organization. 6. Develop a faculty advisor's handbook covering support/referral resources, legal questions, tips on advising, etc. 7. Update and provide analogous material and training for the alum/staff chapter advisor that includes University's expectations. 8. Develop an infrastructure that merges and coordinates investigations of policy violations of student organizations and individuals in those organizations using staff of Student Activities and Student.Judicial Affairs. 9. Establish a"Student Safety" 1-800 hotline for reporting hazing, alcohol abuse, assault, etc. This would not be for 911 emergencies but to report (anonymously if they wish)behaviors occurring to themselves or others. It would go to a recorded message line, and a staff member would return the call if the student so wishes. 10. The Student Activities office shall develop a budget for Greek Life programming that is consistent with task force recommendations. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task F—ce Report-CSU, Chico Page 16 of 22 11. Emphasize quality over quantity. The University should communicate to the National Headquarters that we do not agree with house totals minimums (85 for some sororities) while we are trying to rebuild a viable Greek community. Tier 1B Recommendations (Completed by October 15, 2005.) 1. Determine the process and criteria of meeting the requirement that chapter GPA's be at the all women's/all men's campus averages. (Zingg#2) 2. Identify faculty advisors for each chapter focused on academics, academic advising, and academic support referral. Faculty may elect to take on a chapter advising role at their option. As a way to phase in this requirement, identify faculty to serve as a"faculty resource"in an informal relationship until the role of faculty advisor to social Greek organizations is defined and reviewed by the Academic Senate. A"faculty resource"person helps the chapter by providing information and advice regarding academic support as the chapters work towards the goal of chapter GPA criteria. (Zingg#3) 3. The current Greek advisor shall not serve as the alum or staff advisor to any individual chapters. Greek advisors will focus on advising all the councils (Panhellenic, IFC, EGC and Locals, Greek Week, Order of Omega and Gamma). Greek Life staff may advise chapter leaders but may not be the chapter advisors. (Zingg#3) 4. Each chapter shall have an active alumni board consisting of members who fully support the need for reform and the Terms and Conditions of the President Zingg's April 12, 2005 address. The Student Activities office will define the structure for each chapter. (Zingg, #4) 5. Engage the City of Chico in an annual code inspection of all chapter houses to ensure that houses meet fire, safety, and building codes. Chapters with houses must have on file with the Student Activities office,by September 1 each year, copies of the inspection reports. For the 2005-2006 year, the inspection reports must be on file by October 15, 2005. Code violations must be corrected by due dates imposed by City of Chico. (Zingg#6) 6. Determine the process and criteria for phasing in the requirement that all members of all Chico State student organizations be enrolled at CSU, Chico. (Zingg#7) 7. Create a viable recruitment plan for every chapter. Students are joining groups for the wrong reasons and sometimes do not realize what they are getting into once they join. The rush process needs to be transformed to a recruitment process. Rush is for one week, recruitment is 24/7/365. (Zingg#8) [Plan in summer 2005 for a workshop in fall 2005; implement in spring 2006.1 8. Chapters should consider asking their headquarters, or alumni boards for those without headquarters, to conduct an organization review to assist them in identifying those members who should continue, and which chapter practices should change in order to meet the recommendations of this report. 9. Develop a policy on recruitment that identifies class level (e.g., freshman, sophomore) eligibility and when members of classes can be recruited. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Fnrce Report - CSU, Chico - Page 17 of 22 10. All social Greek organizations must belong to a Greek council, and all councils should meet together on a regular basis to discuss current issues and solve common problems facing the Greek community. 11. No frills recruitment for sororities. Adopt a new values-based recruitment model. No more songs, dances, and expensive costumes and decorations. A Panhellenic recruitment sub-committee will complete this. [Continue the planning begun in spring 2005. Implement spring 2006] 12. To transform rush into recruitment,provide orientation and training to help chapters learn how to do values-based recruitment. 13. Identify the process to notify social Greek organizations of which members are on academic probation, which members have been academically disqualified from the University, or which members are on disciplinary probation. All social Greek organization members are to sign release forms so the above information can be given to chapter leadership officers and Greek Life advisors. 14. The University should hire another Greek Life advisor. 15. Hold chapter membership personally accountable for University rule violations committed by other members of the organization. Sanctions would apply to those who were aware of the alleged behavior in violation of University policy and whose involvement/leadership might reasonably have been expected to intervene to stop the behavior. We will need to consult with General Counsel to determine the legality of this proposal. 16. Because many members do not know the risk management policies of their own chapters, create a questionnaire and conduct a risk management workshop for chapter leadership facilitated by Student Activities office. Tier 2 Recommendations (Completed during 2005-2006.) 1. Identify Greek Alumni or University faculty or staff to provide"chapter" advisement on event planning, organizing,judicial boards,member recruitment, etc. It is essential that these advisors attend chapter meetings to assist with internal operations and chapter development. (Zingg#3) 2. In order to ensure that philanthropy(raising money) is not confused with service (especially "hands-on" service), each council needs to develop a special sub-committee for service, made up of one service chair from each Greek organization. The subcommittees will be led by an IFC, Panhellenic, EGC, or local officer and advised by the CAVE executive director. The IFC, Panhellenic, EGC, or local service chair will be supported by a CAVE staff and attend CAVE training and project meetings. (Zingg#5) 3. Provide workshops for new members to orient them into the core values of the Greek system, provisions in the Standards of Excellence program, and expectations of the University and the community of Chico. (Zingg#8) 4. Alcohol is not allowed before, during, or after recruitment events and activities. Assuming there is no member recruitment in fall 2005, this recommendation will be implemented with the http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Farce Report- CSU, Chico - Page 18 of 22 1 1 recruitment in spring 2006. (Zingg#9) 5. Develop a campus and community consortium to provide alternative to alcohol programming on Thursday, Friday, and Saturday nights. Consider the"Late Night"program recently presented at the CSU Alcohol conference. Follow up on recent discussions at the President's Alcohol and Other Drug Abuse Prevention Advisory Committee on the same topic. 6. In consultation with the Academic Senate develop the role of the faculty advisor who advises social Greek organizations. The focus of their role is on academic support, and, at their option, they may also advise the chapter on organization,planning, and events. 7. Develop the role and structure for a faculty advisors' council and notify Academia Senate. 8. Develop an orientation/workshop program for faculty advisors. 9. Develop a process to evaluate faculty advisors. Include criteria for evaluation, what actions cause an evaluation, and who will evaluate advisors. 10. Develop a Greek Standards of Excellence that includes Chapter Management,Academics, Membership Education and Development, Leadership Development, Philanthropy/Community Service, Housing, and University and Community Relationship. Organizations would receive points based on compliance and documentation submitted in Standards of Excellence Report that would be submitted annually to obtain University recognition. Greek chapters obtaining University recognition would also be recognized at an awards banquet and posted on the Greek Life Web site managed by the Student Activities office. What is known as a"Relationship Agreement"will be incorporated in the Standards of Excellence document. [Due March 15, 2006.] 11. Rework the current"Call for Values Congruence"into a Relationship Statement as used by other universities to outline the expectations of every social Greek organization, consequences for meeting and not meeting those expectations, and the support provided by the University. 12. Identify incentives for chapters to want University recognition by providing rewards for such outstanding achievements like highest GPA, service, philanthropy, innovative programs, no/low police calls and/or referrals for policy violations, evidence of outstanding achievement of chapter values, good sportsmanship at intramural events, Greek Week accomplishments, etc. Rewards could include plaques and trophies, including a sweepstakes trophy, involvement with Summer Orientation, access to residence halls, inclusion in marketing materials,paid for publicity in the Orion, monetary rewards, etc. 13. Consider a Code of Ethics Pledge for all new and continuing members. Hold a ceremony to "induct"pledges into the Greek community at a single annual event. The purpose is to reaffirm University expectations and Greek core values. Include message that the Greeks are part of something bigger than themselves and start all new pledges off with the same message. 14. Identify ways to include Ethnic Greek groups in meetings to discuss common issues, planning events, and participating in Greek-wide activities. 15. Before and during recruitment,potential new members must be given all the actual costs involved in joining a social Greek organization. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Force Report - CSU, Chico Page 19 of 22 16. Require regional/national representatives to visit their chapters annually. Visits to include meetings with Greek advisor, alumni board, and chapter and faculty advisors. A report must be filed with the Greek Life office by the regional/national representative describing the outcome of the visit. 17. Work with the Associated Students to allocate space in the BW for a Greek Life office. 18. Provide leadership training for Greek organization officers before and during their time in office to cover leadership skills,judicial board operations, and risk management. This is necessary because there is a gap in communication, values, and leadership between members and leaders of the Greek organizations. A lack of training and development in transitions of leadership contribute to this problem. [Begin training of officers in fall 2005. Begin workshops for new members in spring 2006.] 19. Because individual chapters get too many slaps on the wrist and not enough meaningful discipline for violating policies, create a matrix for violations. Repeated violations, or a significant violation, will lead to chapter suspension. [Begin fall 2005, complete by December 15, 2005.Make contacts in June 2005, implement in 2006.] 20. All discipline of individual students involved in Greek life incidents that also violates University policy should be referred to Student Judicial Affairs. Greek chapter judicial boards should be accountable to Student Judicial Affairs. 21. Explore the costs of providing financial support for attending Greek conferences. 22. Explore contracting with a national public relations firm to get the word out at a national level of what kind of school Chico is not. 23. Explore the feasibility of"adult' supervision in chapter houses. 24. Work with the City of Chico to develop a city ordinance/code that allows only University recognized Greek organizations to display Greek letters on their houses. Explore the sign ordinance as a way to implement this. Identify which Greek organizations have which kind of a use permit and what the conditions are, if any, of those permits. Post results on the Greek Life Web site. 25. Continue the task force in 2005-2006 to work with chapters and councils regarding their questions about the recommendations, to refine the recommendations based on what we have learn, and from further advice provided by consultant Dr. Tom Jelke. Tier 3 Recommendations (Begin in 2006-2007.) 1. Each chapter must maintain the exterior of their house so it is a positive example in the neighborhood. Explore using Greek chapter houses as the core of or basis for a neighborhood beautification program. 2. Explore the possibility of identifying an area in each house that would be available for the faculty advisor to use to help the chapter in its pursuit of academic achievement. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Force Report - CSU, Chico Page 20 of 22 3. There is a lack of interaction between Greek organizations and other student organizations on campus. Develop partnerships in event planning, leadership development, service projects, etc. with other student organizations. 4. Work with University Advancement to establish funds to support a strong Greek system. Solicit Greek alums to donate for Greek Life advisor salaries, leadership training, and chapter house maintenance and renovation. 5. Explore models of University-administered Greek housing. Research viability, costs, implications, logistics, staffing, etc. 6. Change the Greek System Review Task Force to the Greek Life Advisory Board. 7. See Dr. Jelke's report for numerous other recommendations that, if implemented, will truly bring a premier social Greek system to California State University, Chico. Advantages of a Greek System There is no dearth of information about the advantages of a Greek system. Dr. Jelke's report includes the following: On many campuses,the Greek community provides students with positive developmental experiences, allows them to emerge as leaders, and provides the university with a strong campus life presence. On those campuses, fraternity and sorority members perform academically at a higher rate than the campuswide student average. Also, fraternity and sorority members on most campuses tend to persist and graduate at a rate higher than the average non-member student, and contribute a higher proportion of money and time back to their alma maters as alumni than their non-member peers. At CSU, Chico, there is a core group of students that believes this ideal kind of a Greek community can exist, and they are willing to make the sacrifices necessary to make that happen. This core group, with University and community support, could become part of a guiding coalition that creates the substantive cultural change that would be necessary if this ideal Greek community is ever to come about. The task force identified these positive attributes: . Greek organizations provide leadership and character development. . As one of the largest groups of student organizations, they have the potential to be leaders of change in the portion of the student culture that is problematic. . Greeks know how to work with others and get things done. . Some members have turned 180 degrees for the better in their lives. . Greek organization can provide support for students and aid in the University's retention and graduation rates. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task F^*ce Report- CSU, Chico Page 21 of 22 . A majority of members have opportunities for leadership roles. . Greeks can organize around local community needs and provide hands on service. . They are involved in philanthropy and donate money to deserving causes. . Membership promotes development of lifelong bonds of friendship. The Franklin Square group in their Call for Values Congruence cites the following: Campuses and headquarters should not passively permit a minority of collegiate Greek chapters to distort the true purpose of fraternities and sororities. College and university presidents have a vested interest in a well-functioning, viable fraternity and sorority community. A thriving Greek community can enhance student learning and leadership,build strong ties between the institution and its future alumni, and develop well-rounded students who value community and citizenship. The ability of higher education and fraternal headquarters to hold Greek communities accountable to their stated values can positively transform the student culture. In addition to eliminating negative behaviors,healthy Greek organizations can support and develop positive student outcomes. CONCLUSIONS OF THE TASK FORCE The task force agrees with Dr. Jelke's observations that the Greek system is"in disarray,"and with his conclusion that"it is salvageable." The task force also agrees with Dr. Jelkc's conclusion that the chapters cannot pull themselves out of this state of"disarray"by themselves and believe, at minimum, that the University must hire another Greek advisor if it wants a Greek system of which it can be proud. The task force recommends that in order for any chapter to continue to receive recognition as a student organization each Greek social organization must implement the recommendations in this report and be given an opportunity to do so according to the tiered timeline. Each chapter should submit written evidence to a Standards Review Board and appear before the board to discuss how they have implemented (or will implement where permitted) the recommendations for their chapter prior to University recognition being granted. All chapters, currently recognized and not under a sanction, should be given a one semester grace period (during fall 2005) of continued recognition in order to implement the task force recommendations. The task force strongly encourages the University to have Dr. Jelke return early in the fall 2005 semester to assist the campus and the chapters in the implementation of the recommendations. Additionally, it is recommended that he return in spring 2006 to assess the progress that the Greek organizations and the University have made. Much has been said about the need for the Greek system to transform itself. The University also needs to support the Greek system in order to provide a safe, fulfilling, and productive experience for those students who choose Greek organizations who have embraced the task force recommendations. http://www.csuchico.edu/sa/greekreport/ 9/29/2009 Greek System Review Task Force Report - CSU, Chico Page 22 of 22 APPENDICES Appendix A: President Zinn's 2/20 address to the Greek Community Appendix B: Police Reports Chico Police Department - Selected Crime Statistics Chico Police Department - Calls For Service Statistics University Police Department - Alcohol Related Crimes Appendix C: President Zinga's 4/12 address to the Greek Community Appendix D: Dr. Tom Jelke's Resume Appendix E. Dr. Tom Jelke's Final Report on the Greek System at Chico Appendix F: Dr. Tom Jelke's Schedule of Meetings Appendix G: Listing of Social Greek Chapters at CSU, Chico Greek Membership Numbers Appendix H: Greek Chapter GPA's Appendix I: Planning Worksheets from Task Force Work Groups http://www.csuchico.edu/sa/greekreport/ 9/29/2009 RECEIVED From: Sandra Rowley [mailto:macsar99@yahoo.com] SEP 2 y 2009 Sent: Tuesday, September 29, 2009 9:56 AM SLO CITY CLERK To: Council—ALL Cc: Hampian, Ken; Linden, Deborah Subject: Strategies to Reduce Neighborhood Noise and Party Disturbances September 29, 2009 RE: Strategies to Reduce Neighborhood Noise and Party Disturbances Honorable Mayor and Members of the City Council, The Chief of Police has some excellent, well-researched ordinances and modifications to current ordinances for you to consider. There are,however, two glaring omissions—no Neighborhood Police Patrols and no relief for residents until (probably) the beginning of school next year. I urge you to find a way to fund Neighborhood Patrols. You do not leave our downtown core unprotected from individuals who get drunk in the downtown bars. Why do you leave residents unprotected from individuals who get drunk in the neighborhoods? Each of Chief Linden's recommendations has merit and would, if adequately enforced,be a welcome addition to the ordinances we have now. However, you need to pick one or two to put on a"fast track" so that some relief can be obtained by January 2010 when students return to school. Thank you for your time and attention, Sandra Rowley P.S. Mr. Mayor, request you ask tonight's speakers to indicate the city in which they actually reside. In the past, some speakers have provided the city in which they work or own property. B-COUNCIL C'=) DIP LTGA6 1111 'II6L [TFIN DIP _= RED FILE M' 9cr--"/J,'c 1YPIPE CHIEF - MEETING AGENDA DOCLERwoRlc IRouce CHF ®ATEYk�fo ITEM # SS-1 11 DEPT HEADS ETIREC DIP Pl Q"UTIL DIP LrHP DIR ! /i J ri/i CS �COZt Ll^iL C/-ri/ 8262 �C�L�lZrC Page 1 of 1 i Coundl,SloCity From: 0 C Davidson [odavidsonn@sbcglobal.net] Sent: Mon 9/28/2009 4:44 PM To: Council,SloCity Q E C E _l Cc: 6C_ Subject: Noisy Parties and Rowdies Attachments: SEP 2 2009 Dear Council Members, SLO CITY CLERK The Sunday issue of the The Tribune had an editorial and an article about noisy parties. My wife and I feel strongly that something must be done to curtail these and other disturbances in residential neighborhoods. The Tribune editorial is a reasonable commentary on the students, the university and the neighborhoods. We strongly urge enactment of all proposals put forth in Councilman Carter's'Viewpoint"article. Rowdy behavior and noisy parties need to cease. We specifically support the proposal to hold landlords responsible. True, the laws give renters considerable protection from excessive intervention by landlords. When people rent a house, it should be their home. However, it seems that some rental houses remain rowdy year after year, well past the departure of the initial renters. I'd guess that a rowdy group gets established in a house,. When a few of that group leave, the remaining residents attract new occupants with similar behavior, and thus rowdiness is perpetuated again and again. It is the landlord's responsibility to stop this. We also support Councilman Carter's suggestion for a local liquor licensing fee and/or alcohol tax. The City needs additional funds to police rowdy behavior. Further, we urge the establishment of a rental business license with a sliding fee scale. The rental of one room in your home should have one fee, while the rental of a whole 3 bedroom house should have a proportionately higher fee. Perhaps a portion of these fees could support additional police. We've had many students in houses next to us and near us. Some of these students have been excellent neighbors, most have been reasonable, a few have been difficult and a very few have been aggressively inconsiderate. We want to be clear; we believe that the noise and rowdiness is caused by a minority of the student age population. It sad that additional laws are necessary. Yet, this is many times preferable to the present out of control behavior of a rowdy few. SLO has suffered thru riots and many, many rowdy parties. We must never let our city become a rowdy, party town. We should enact whatever ordinances are necessary to prevent this. San Luis Obispo is a beautiful place to live. Let's also make it a comfortable place to be, an inclusive community where.we all live with respect and consideration for our neighbors. Sincerely yours, Otto Davidson, Albert Drive, San Luis Obispo P.S. Sue (my wife) and I hope to attend tomorrow's Council meeting. https://mail.slocity.org/exchange/slocitycouncil/Inbox/Noisy%2OParties%20and%2ORowd... 9/29/2009 R R C P71 V E D Page 1 of t R"9 SEP 2 9 2009 �LO CITY CLERK From: John D. Grady, CFP Ogradyslo@earthlink.net] Sent: Tuesday, September 29, 2009 10:52 AM To: Council_ALL Subject: Student noise+drinking problems SLO City Council Members, I believe as I'm sure you all do that something must be done to curb the unruly behavior, noisy parties, and excessive (and often times illegal) drinking that occurs among the youth (Cuesta, Cal Poly, and even high school students) in our community. I own a business at Marsh and Beech Streets and have on multiple occasions experienced vandalism to my property, costing me time and money, preum d I agree with much of what Andrew Carter proposed as outlined in his recent op/ed piece in the Tribune. Specifically, I believe the city needs to: 1. Hold landlords responsible for the behavior of their tennants to the fullest extent possible. 2. Enforce the noise ordinance, public intoxication, and other laws already on the books to the fullest extent possible. I hear that many laws against noise and unruly behavior are not being enforced by the police department. If we need stricter laws,then let's hear proposals - such as Andrew Carter proposed for changes to the noise ordinance. This makes sense, so let's add it to the police's arsenal, but let's not just pass lots of new laws until we enforce the ones already on the books. This is similar to your approach of two weeks ago, not approving a traffic signal at Madonna Road at the Laguna Shopping Center until you made other changes to mitigate the traffic congestion there. If a party is unruly there should be a fine imposed -the maximum fine. If an unruly assembly occurs or drunken behavior occurs in public,then the maximum fine should be imposed. There . should not be warnings anymore. Students should be put on notice that they will be fined. The added revenues from this stricter enforcement of laws we already have coould then be used to pay for more police services. 3. Let's engage Cal Poly to a greater extent, both the administration,the police department, and the students, including the fraternities. We need their support and self policing too to make this work. Perhaps the Cal Poly Police Department could be pursuaded to beef up their own police presentce and enforcement. 4. If you want to add a liquor licensing fee to the downtown bar owners and direct this money towards downtown enforcement,this too seems reasonable, particularly as I have heard that most of the police force is deployed downtown in the bar areas at nighttime. It seems fair that these establishments pay for the police presence that they necessitate. 5. How about requiring the bars to employ their own security force so as to lessen the burden on the public to pay for police supervision? Can we require some minimum staffing based upon their square footage, building capacity, gross revenues, or other such measure? 6. Finally, I am definitely OPPOSED to an additional alcohol tax to pay for police services. We in this city are already taxed to an excess. We pay taxes on our utility bills, we now have the Measure Y tax increase, and the recent state sales tax increase and income tax increase. As a downtown business owner I was also hit with a huge downtown association tax increase in the past year or so. Their minimum fee increased from $25 to $150 in one year. You didn't do as promised with the.Measure Y tax, and while you can make excuses for why this didn't go as advertised, I believe the city is largely at fault for not securing a more favorable police union contract. Everytime I see a police officer now it galls me when I think of the inflated salary they receive,as well as overtime pay to don their uniforms. I believe you need to renegotiate this contract to more reasonable salaries; no one is forcing these officers to work here. I doubt we have trouble recruiting new officers to our city! 9/29/2009 Page 2 of 2 When the Measure Y tax measure is due to'sunset', I can already hear the case that will be made that we simply cannot afford to let this tax increase sunset as it is such an integral part of our city and safety budget! It will be sold as necessary for the public safety and needed to avoid laying off officers! I think it quite rare that any tax ever gets repealed, so I do NOT support any increase in taxes for the purchase of alcohol. It is not right to tax all the citizens of our city for an issue that is localized to an unruly few. In summary: (1) make the noise ordinance changes as outlined by Andrew Carter; (2)create an 'unruly gathering ordinance'along the lines of that proposed by Chief Linden; (3) increase fines for noise, drunkenness, and other illegal activities to the fullest reasonable amount allowed; (4) most importantly, enforce the law to the fullest extent, don't issue warnings, issue citations and fines. If our police are understaffed at nighttime, they cannot afford to keep going around and simply issue warnings;they need to enforce the laws we have; (4) no alcohol tax increase. Thank you for your thoughtful consideration. John Grady San Luis Obispo 9/29/2009 Page 1 of 2 R uEIVED SEP 2 9 2009 Council, SloCity From: Carotyn Smith [ke6hng@att.net] Senn Tue 9/29/2009 9:49 AM To: Council,SloCity Cc: Subject, Proposed Noise Ordinance Changes Attachments: ----- Original Message ----- From: <cmdyer@charter.net> To: <ke6hng@att.net> Sent: Sunday, September 27, 2009 3:28 PM Subject: slo city council meeting > Hi Carol, > I've tried in vain to contact the SLO City council via their web site. > Apparently, it is down, as I cannot connect to the one listed in Google. > As a recourse, I'm sending this to you to present for us at the meeting. > I want our experience to be heard. > In 1997, my wife, our son in middle school, and I were thrilled to move > into our newly purchased home at 1113 Madonna Rd. in San Luis Obispo, > because SLO has so much good to offer a family who lives here. > Unfortunately, it has enough bad, that we eventually had to leave in Sept. > of 2006. We refused to experience another school year of college > drunkards. > Our immediate neighbors were Cal Poly and Cuesta students who were > considerate and law abiding, as many are, but the neighborhood was overrun > with other students who, for the ten years we lived there, awakened us at > all hours as they shouted from party house to party house a block away at > all hours, or fought, (guys), argued (guys and girls) and screamed (girls) > as they walked from party to party on a sidewalk within yards of our > bedroom window. > Almost every weekend brought mornings of picking up beer cans and bottles > on our lawn. During one argument, I awoke to see three drunks peeing on > my lawn. On one occasion, two drunk young men walked into our home too > drunk to know it wasn't the party house until I met them in the hall. >These last two incidents were the final straws, and we set out move from > SLO before the students left for Summer and came back in the Fall. > On record with the SLO police should be our complaints of students' loud > parties, of them setting off loud bottle rockets at midnight, of littering > our lawn with beer containers, and of the stealing of the baby Jesus from > a Christmas Nativity on our roof while we slept and then leaving a stupid > ransom note that was supposed to be funny, I guess. The neighbor became > dangerous, as the police is aware, when a young man was nearly beaten to > death in his bed at the comer of Madonna Rd and Oceannaire Blvd a few > years ago. Was it a baseball bat beating after a party at 1580 Oceannaire? > The hard part of leaving is leaving friends and neighbors that we won't https://mail.slocity.org/exchange/slocitycouncil/Inbox/Proposed%20Noise%200rdinance... 9/29/2009 - Page 2 of 2 > see regularly anymore. We no longer sing in the Grace Church choir. > Because of the distance, we've had to change churches. Thankfully, we > didn't have to make our son change schools, but other families may have. > It might be argued that not all of these violations can be proven to be > students, but we believe we observed a direct correlation between the > college school year and the incidences. Frankly, I don't care who they > are; something needs to be changed. > > You may take action to keep other families from leaving, or you may not. > We are already gone. > Chuck and Mary Ann Dyer > 1212 Mariah Lane > Paso Robles, CA 93446 https://mail.slocity.org/exchange/slocitycouncil/Inbox/Proposed%20Noise%20Ordinance... 9/29/2009 From: webserver 0 slocity.org Sent: Monday, September 28, 2009 6:59 AM To: Ehrbar, Barbara Subject: Contact Us Form Name: Don A.Woolley Address: 644 Cuesta Drive City: San Luis Obispo RED FILES �'� '`+'4-- D'OUNCIL EnDD DIR $faf¢: Ca MEETING AGENDA � I]TtAt�'ei r,race [TIN DIR Zip: 934054"Mac 3'PIRE CHIEF a 0 $S Phone: 544-6108 DATE ITEM # 1 a p�pyy DIR EyC1LERK/0R10 CTPOLICE CHF Fax: E0 ' PT HEADS Z-AEC DIR email from: d.wooIley@charter.net I C, � L'�uTIL DIR _ r 2-HM_DIR RECEIVED / N�wTrn/2_s _ , 46 Message: � 46&- SEP 2 8 2009 City Council: SLO CITY CLERK Having lived in SLO since 1970 and been retailer downtown from 1970 until 2005 I am continually astounded that the problems of student-aged citizens continue to to reduce the quality of life in our community. As a member of NNOF, having fought Cal Poly's poorly designed building project on Highland Drive, I fully anticipate they will violate the agreements and rent to students I have objected to additional bars (from Mother's Tavern on) both to the city and the ABC. I was assured that there was a limit on the density of new bars (at the time exceeded by well over 100%), but that "each new situation will be evaluated." I fully support Chief Linden and Andrew Carter in the efforts to increase the responsibility of those that contribute to this problem. I have discussed behavior and community responsibility with the students living across the street from our home. When asked how many lived in the house I was told that the landlord instructed the tenants to respond with "only five." Over the years those "five" tenants have had up to nine vehicles. We understand the staffing problems with the police force. We support a tax on alcohol, bars, etc. to fund this problem. We support fines on landlords that ignore their responsibility. I'd like to think that Cal Poly would take some responsibility to house their population but I understand that it is not in their interest as long as the community continues to carry the burden. We support your efforts. i RECLA'VE® SEP 2 8 2009 September 27,2009 SLO CITY CLERK City Council of San Luis Obispo Dear Councilmembers: I appreciate the recent focus of media attention and City Council attention to investigate solutions to the on-going problem of college student behavior in residential neighborhoods because of a college culture of excessive drinking of alcohol and sense of transitory living by college students in the City of San Luis Obispo. I wanted to send you a few observations and suggestions since I can not attend the study session on Tuesday. I first want to express my lack in confidence in the current city ordinance requiring a special use permit for having more than 5 unrelated people living in a residential home. This ordinance is ineffective because of a lack of consistent enforcement by zoning enforcement staff. These types of complaints simply get turned around with an emphasis placed on neighbors to prove this condition before a letter is sent to the home. I would be curious just how many times this ordinance has actually been enforced and how often the zoning staff investigates and what the final dispositions are for these investigations. This information should be posted on the City website. I would ask that the City Council look into the possible use of a rental business permit fee to all home owners who rent homes in residential neighborhoods. Permit fees could be directed for the costs of staff and operations to conduct city zoning violation investigations involving the neighborhood rentals as well as establish neighborhood focused police patrols to enforce parking, noise, litter, under age drinking, public intoxication, and vandalism in residential neighborhoods. If there is already a required rental business permit process for landlords, there should also be information on the City website the maps out the homes that have the required permit and a process for notifying appropriate City staff for those residential home landlords that do not have permits. I do appreciate the efforts made by the police department, but they are totally out numbered given the demands placed upon them for service with all of the alcohol serving businesses in the downtown area and number of college student rentals in residential neighborhoods. I don't have to list all of the ridiculous and sometimes tragic calls they receive because of college students and excessive use of alcohol. I am really dismayed at the culture of excessive drinking among the college student populations from Cuesta College and Cal Poly. This culture of excessive drinking is sparked by the increasing presence of fraternities and sororities that have grown in size and importance as part of the Cal Poly college experience. This increasing presence includes the use of fraternity and sorority"satellite residential rental homes for member gatherings and drinking parties. I have supported each and everyone of you during your respective elections, and I believe now is the time for your Council to work more closely with Cal Poly and Cuesta College Administrations to address these problems and have them place more responsibility on their students and college recognized fraternal organizations and clubs to abide by a code of ethics that could be used to suspend or expel or notify parents regarding behavior not in keeping with their respective institutions. Just as in the working professional environment, adults are generally held accountable for their actions especially if they reflect poorly upon the hiring institution. Just look at County government I especially want to thank Councilmember Andrew Carter for his demonstrated leadership to voice his concerns and present solutions to deal with this growing issue that erodes the quality of life for residents of San Luis Obispo. I support all of the ideas he presented in his recent Viewpoint article in The Tribune. I would like to see each of you support his leadership as well as take more assertive actions as a City Council to finally address this distressing situation in residential neighborhoods in San Luis Obispo. As you can guess, I am a victim of college student boorish behavior and would like to see more efforts on the part of the City Council of San Luis Obispo to address these issues. I understand many of the benefits to the City of San Luis Obispo include the presence of college students because of the free wheeling commerce from students with more disposal income than most in other college environments.These benefits come with a heavy cost to the residents in neighborhoods and its now time to put the responsibility for these costs on the university and college institutions, college students, and landlord home owners who push zoning and appropriate acceptable living standards beyond the capacity of the residential neighborhood. I am hoping that the current City of Council of San Luis Obispo can honesty endorse this city for anyone thinking about living by exerting more leadership to address this citywide problem. Sincerely, 4 Juventino Ortiz 2267 Santa Ynez Avenue, San Luis Obispo RECEIVED September 28, 2009 SEP 2 8 2009 Honorable Members of the San Luis Obispo City Council: SLO CITY CLERK I'll be brief. Please adopt the three measures to be offered tomorrow, Sept. 29, by San Luis Obispo Chief of Police Deborah Linden. They make total sense. And Yes to taxing alcohol to fund additional police. It is time to take back our town! It is my guess that an overwhelming number of SLO residents will thank you and support you come election time. Sincerely, Barbara Frank, 35-year Resident 2725 Augusta Street, SLO 93401 544.7930 N'A>LD RED FILE C'COUNCIL yCDD DIP 3-e*eC"Me<- L FIN DIP - MEETING AGENDA eaMacD-FIRE CHIEF `1 9 o ITEM # SS1 C�a'�A70FINEY olw DIP DA F3 EERK/CPIG 2-90LICE CHF ❑ DEPT HEADS EY'9EC DIF; C 0' Pt 15 m'OTIL DIP r� rrL—gam._ 2 HR DIR _ / tJN✓ t7MFs /CA<4JC(L �GTy /hC�2. /.CLC�tt l� ` 1222 San Carlos Drive Sept. 27, 2009 San Luis Obispo, CA 93401 RECEIVED Dear San Luis Obispo City Council Members, SEP 2 8 200, SLO CITY CLE, „c Thank you for serving this community and for taking on tough problems like the one you'll be considering Tuesday evening. For 30 years we have owned a 4 unit student apartment at Bond and Kentucky. I am used to picking up beer cans, bottles, and red plastic cups thrown into our landscaping. The motion sensor security' lights we have installed outside have decreased the nighttime student urination on our grounds. I have contacted the fire department about how to handle abandoned furniture left on our sidewalk that is sometimes ignited. I admire and respect the student groups that try to intercede between large, noisy and often drunken young people and unhappy neighbors. However, during the past five years the problems have increased, so this might be insufficient. The most common complaint. I get from our tenants is about the groups of young people walking through the neighborhood whooping it up between 12 and 3 a.m. Finding a solution to these problems is not an enviable job, but we appreciate anything you can do to try to civilize the neighborhood, especially late at night. Sincerely, Eleanor & Steve Weinstein RECEIVE® From: Bob Canepa [mailto:bcanepa@charter.net] Sent: Sat 9/26/2009 1:08 PM SEP 2 8 2009 To: Olson, Sharon Subject: Young people behavior SLO CITY CLERK Chief Linden, First of all,I am please with your departments efforts. I have been a resident of San Luis Obispo for 32 years and taught students in Atascadero for 30 years. Recently,AGAIN,young individuals,(and it would seem to be students),are again limiting comfort and residents right in our town. I do believe we need some more punitive measures raising the severity of the punishment. I know you will meet with many Tuesday and perhaps the following might work I propose a$500 fine for excessive noise for one and all who receive mail at that residence on the very first offense,including the owner of the property.The second offense$1000 each.The third offense would yield eviction of all.HUM! The owner would then be out of tenants and income.I also believe Cal Poly should remove individuals from school who cannot"behave." Considering the number of individuals applying to Cal Poly,there would be no loss in income due to someone waiting to enter Cal Poly. It seems that for the 30 some years I've lived here,not much ever comes of this behavior.We,as property owners,seem to be at the mercy of irresponsible young individuals who temporarily reside in our town,and Cal Poly NEVER holds it's charges accountable. I suggest to those living closest to the party sites to simply wait until the week before finals and than have nightly parties. :) Thanks for all you do. Bob On a more positive note,I usually have many young people speeding by my house throughout the day,weekend or not.This year has been a wonderful exception. Seriously,I have never seen so many good drivers and positive young people in the 20 years I have lived at this location. It's just those who think it's all about them. Page 1 of 1 i A Coun©I,SloCity From: Kevin Clark[kdark@calpoly.edu] Sent: Sat 9/26/2009 11:13 AM To: Council,SloCity; Council,SloCity Cc: Arne Hewes; kjc Clark, Kevin Subject: on the noise ordinances Attachments: = RED FILE September 26, 2009 _= MEETING AGENDA DATE-�L ITEM # f!& Dear Council Members: Just want to voice my support for putting greater teeth into a new noise ordinance. As a Cal Poly professor, I very much enjoy and value college students. But for the fifteen years we've lived on Hays Street we've had problems with very noisy students, usually right next to us, though there are often rowdy goings in a house caddy corner across the street from us as well as other houses nearby. Over the last two years, the noise at night has grown considerably worse We call the police maybe ten times per year and we could call two or three times that often. Though we didn't call, last night the noise was going until well past 2AM -- and this is not unusual behavior. Last weekend the noise went past four one night and past six the next. We don't want to be viewed as a problem neighbor or a problem for the police, who do a good job. But too frequently the noise is interrupting our sleep. That's why we would heartily endorse an ordinance that more quickly and severely penalizes home owners who rent to students who in turn violate noise policies. Thanks for your time. f�rta�L ------------------------------------------- 1;i'COUNCIL 2'CDD DIR 2r�"^k� Z-FIN DIR Kevin Clark ��RO mac. i,�e FIRE CHIEF 1959 Hays Street [YA77ORNEY Z-Pw DIR San Luis Obispo, CA 93405 �1F111,ORIG QpOLICE CHF 805-544-3034 DEPT HEADS REC DIR P- 2'UTIL DIR � /-flZi�rralr; 2'HR l�If1 Department of English Alm _ Cal Poly i-evuv&` San Luis Obispo, CA 93407 Gi-nr 1;16.e email: kclark@calpoly.edu office phone: 805-756-2506 department phone: 805-756-2596 RECEIVED web site: http://cla.calpoly.edu/-kclark/home.html SEP 2 8 2009 "Poetry begins where certitude ends." --Eavan Boland "Let's play two." --Ernie Banks SLO CITY CLERK https://mail.slocity.org/exchange/slocitycounciL/Inbox/on%20the%20noise%20ordinances.... 9/28/2009 Page I of 1 From: Sandra Rowley[macsar99@yahoo.com] Sent: Sat 9/26/2009 6:39 PM To: Linden, Deborah Cc: Romero, Dave; Carter,Andrew;Jan Marx; Settle,Allen;Ashbaugh,John; Hampian, Ken Subject: Sophomore Success Attachments: Hi Deb, I was looking through the Cal Poly web site to see if I could find the word"required'in conjunction with freshman +on-campus housing when I came upon The Sophomore Success Program. This 12-day program,which did no keep students busy into the late night, began on September 10th and lasted through the 21st. With Sophomore Success(19 year-olds)from September 10-21 and WOW Week(18 year-olds)from September 15- 19, it's no wonder SLO PD and Cal Poly PD were kept busy. I have not heard anyone mention the Sophomore Success Program and how many students participated. Below is the web site. http://www.sophomoresuccess.calpoly.edu/ssko.htmi Some other dates which may be of interest are Homecoming(October 17)and Parents'Weekend (October 24). Presumably the one with parents will be quiet. One can certainly hope. Sandy RECEIVED SEP 2 8 2009 SLO CITY CLERK 9/28/2009 Page 1 of 1 Councal,SloCity From: Amber Atkinson [liquidamber2@yahoo.coml Sent: Sun 9/27/2009 10:43 AM To: Council,SloCity CC. Subject: SLO parties Attachments: Dear Councilmen and Councilwomen, I applaud you for looking in to how to better deal with our unruly young adults. I live in the condo complex called Villa de Laurel, on Laurel Lane at Augusta. For decades my grandparents lived here and every condo was owner occupied. The owners tended to be seniors as was the demographic in this neighborhood. Now my mother and I live here and have watched the homes sell to parents of college students. Most units are rented to students and the complex feels more like fancy dorms now. My mother, as the president of the HOA, and I deal parties, loud music and loud drunk voices every school year. We take the steps we can, but even the most cooperative cannot control their friends once alcohol is introduced. I am pleased to read Andrew Carter's ideas which will impose stricter city rules and better empower our police to enforce polite, neighborly conduct. Please continue your efforts!! Amber Atkinson RECEIVED SEP 2 8 2009 SLO CITY CLERK https://mail.slocity.org/exchange/slocitycounciUlnbox/SLO%20parties.EML?Cmd=open 9/28/2009 Page 1 of 1 Council, SloCity From: Diane Halsted[dhalsted@sbcglobal.net] Sent: Mon 9/28/2009 9:40 AM To: Council,SloClty Cc: Subject noise,etc Attachments: Dear Council Members— The single best gift you can give to the citizens of San Luis Obispo is a town that considers the permanent residents over the students. It is far too much accomodation of Cal Poly growth and interests for decades that has taken this town away from those of us who live here. Students are guests--and often not guests one would invite back. Several years ago I wrote a letter to the chief of police and she never responded..In that letter I said if the police were present when the students came back, enforcement for the year would be much easier. I recalled that as a student myself in Davis, the day classes began police were at every comer giving tickets to anyone who ran a stop light on a bike. No one tried it. Student drivers go too fast and ignore stop lights. We not only have a very young population, but also a large older population. Skateboarding down the middle of streets and sidewalks and jaywalking, talking on cell phones while running acoss the middle of streets--all are accidents waiting to happen.The vigilance would pay off big time--even if the city had to hire forces from elsewhere to deal with these problems for two weeks. Of course, the same goes for the parties. Since 70% of the housing in the area around Foothill is rental, a bunch of people are making a lot of money from renting to students. And the rest of us are compromising our quality of life hugely for them to do it. Andrew Carter said in Sunday's paper all landlords have to have business licenses.That would mean that every person who owns one rental house has a business license. I would bet that very few do. And that doesn't cover houses that out-of-town parents have bought and run as a mortgage-paying business with their child as manager. And if all landlords required a parent to cosign the rental agreement, a parent would be liable for the noise and the destruction. In San Francisco the landlord required even a 25-year-old student who was entirely RECEIVED self-supporting to request her father cosign her rental agreement. It may be legally impossible for Cuesta and Cal Poly to dismiss students who misbehave, but giving the home owner, who is, after all running a for-profit SEP 2 8 2009 business off the backs of the rest of us, the responsibility of enforcement makes perfect sense. SLO CITY CLERK This problem has gone on for much too long and has become intolerable. Students run this town and it is not a pleasant place to live any longer. You need to fix it. Even if you have to borrow money, fix it. Enforcement on several levels will work. Diane Halsted https:Hmail.slocity.org/exchange/slocitycounciVInbox/noise,%20etc.EML?Cmd=open 9/28/2009 Page 1 of 1 Council, SloCity From: Dale&Betty Johnson [beachdbj@gmail.com] Sent: Thu 9/24/2009 6:18 PM To: Council,SloCity Cc: Subject: Ordinance Attachments: Members of the City Council: I hope that you will support the ordinance presented by the Police Department to put some significant penalties on those members of the college student body that become involved in alcohol related disturbances. It is time for the city of SLO and the University to get serious about solving this problem. Don't let those who say these are just young people who did not realize what they were doing get your sympathy. It is time for tough action-the penalties should be severe and cost the student and their parent a lot of money. Some time in the jailhouse would go a long way to convincing the students that the city is serious. Dale Johnson BeachdbiOgmail.com 21COUNCIL CDD DIP RED FILE 2r=A 0ry146a C7'FIN DIR � �IMUZTIRE CHIEF MEETING AGENDA ErAnoRNEY 2?W DIP pAT ITEM # �_ ��KORIG Z-POLICE CHF ❑ DEPT HEADS ff REC DIR P/4 f'UTIL DIP al!R D I R new nes �Ceu,lr,L. CiTL/ /hG2 C t�2k RECEIVED SEP 2 5 2009 SLO CITY CLERK https:Hmail.slocity.org/exchange/slocitycounciVinbox/Ordinance.EML?Cmd=open 9/25/2009 Richard Schmidt 'M 544-4247 RECEIVED MU 27156 08:41 PM D1/3 - SEP 23 2009 P RICHARD SCHMIDT SLO CITY CLERK 112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247 RED FILE MEETING AGENDA email: ra,,".4tQrain.org September 23, 2009 DATE 9 a- TEM # .SLLCCUUNCIL FIN RIR AO ACAO FIRE CHIEF Re: Sept. 29 neighborhood noise control agenda ATTORNEY PW DIR 9 CLERWORIG P ` OLICE CHF ❑ DT HEADS yd REC DIR Dear City Council Members: I` _3 UTIL DIR XTLC17ri� ��L C'ul4�t e-c L I am writing to support RQN's efforts to improve how the city deals with �'� &_neighborhood noise and party rowdiness. t7-71 di-Com& In addition to rowdiness, there are two other neighborhood noise issues the city needs to deal with: 1. The proliferation on our streets of noisy cycles and stand-on little scooters, which cannot possibly be legal. These are itentionally and obnoxiously noisy, and many furthermore have zero emissions controls, which means they leave huge plumes of stinky health-harming particulate-laden smoke in their wakes, thus making neighborhoods doubly unhealthy. It's as if somebody is driving a very noisy and very poorly tuned chainsaw around the neighborhood. (We have one noisy cycle in the neighborhood for which we've even given the police the address, but the thing continues its ear-splitting racket -- now back again after a quiet summer's absence.) 2. The ear-shattering high volume "music" from some cars and trucks you can hear approaching from blocks away, which shakes your windows and hurts your ears as it goes through the neighborhood. Isn't this a CVC violation? Regardless, this ill- mannered behavior has no place in neighborhoods. Back to party noise: The current enforcement modes do not serve neighborhoods well. Family neighborhoods throughout the city are being destroyed by the collateral damage inflicted by the new prevalence of rentals. There is no reason why any neighborhood should have to put up with the sort of repeated racket from the same houses month after month, year after year, as our neighborhood now does. The city needs to figure out how to get neighborhood peace restored, or you will soon find your constituency consists of nothing but tenants who don't care about anything the city wants to do, including taxing themselves for your benefit, and SLO becomes the residential armpit of SLO County (the Santa Ana of our county). It is destroying this city, in every sense, to allow the present mess to continue. Schmidt to Council/RQN noise study session, Page 1 Richard Schmidt 'W 5444247 1&8/27/56 08:42 PM p2/3 Since some of you apparently live in places ritzy enough -- or distant enough -- to be aloof from this problem, let me inform you about one exemplary incident earlier this year in our nice neighborhood, in a rental house where noise and rowdiness are a constant. (Said house has numerous unpermitted units in its back yard, house and units all rented by the out of town owner to students -- a fact well known to the city, but about which nothing is done. That's another type of enforcement of neighborhood livability the city ignores -- why, I cannot figure out, since you could collect about $12,000 in impact fees for every unpermitted unit you are able to make legal, plus the rental license and fire inspection income, or get a substantial amount in fines in cases clearly illegal, such as this one.) This story is but one example of the present system of noise enforcement's ineffectiveness. The rowdy party down the block began early on Friday afternoon. I figured, OK, they'll get it over with, and maybe we'll have a peaceful evening. No such luck. The party, with its screaming, with hundreds of people coming and going, horn tooting, obscene shouting, inebriated greetings and farewells, with its drunkenness in public, with its pissing in the front yard in full view of neighbors and Broad Street traffic -- it just kept going on, and on, and on. Calls were made to the police that evening. The party continued unabated. Next morning (Saturday) the party was still going on. A neighbor, a school teacher, called me late in the morning, furious, to say she'd called the police and nothing had happened. As we spoke, she said: "Wait a minute. Good grief, I'm looking out my window, right outside my window, and right there at my fence there's some guy taking a leak. And I can see everything he's got." She said she'd already called the police twice, and didn't want to call again because the dispatcher was rude to her. I told her to call and describe what she'd just described to me -- that was the only way anything might happen. She later told me she did. The street was lined with SUVs and vans from Friday afternoon through Saturday, some extending into traffic lanes, and most of them with windows painted promoting the ASI presidential candidacy of Kelly Griggs. (I have no idea whether Ms. Griggs was present, but I mention this detail because it indicates the penetration of this obnoxiousness into the top echelons of so-called student leadership. If she testifies against increased enforcement, you should know of her own implication in the problem.) By early Saturday afternoon, I'd had it after drunks began marauding the neighborhood in considerable numbers, and made my second call to the police, reporting not only that the party and noise continued unabated, but that drunks were marauding, shouting obscenities, kicking at everything in sight-- cars, garbage cans, fences, mailbox posts, shrubs, plants, etc. (For the record, unlike my neighbor, I felt I was treated courteously by the dispatchers.) As a teacher of persons of this age, I'm quite certain many of these wandering drunks were underage. I observed a police cruiser with two officers in it come down Broad Street from Foothill, passing some of the drunks, then slowly passing the party house, and keep on going. Why? I wondered. The party continued for more than 27 hours before it finally broke up around dinner time Schmidt to Council/RQN noise study session, Page 2 Richard Schmidt 'Q 5444247 [7118/27/56 08:43 PM p3/3 f \ the sedond day. As far as I could tell, the city had done nothing to intervene, despite many neighbor calls and the clear outrageousness and unlawfulness of this 27 hours of antisocial behavior. Clearly, if things like this can just go on and on and on for so long despite repeated calls to the police, there needs to be a more responsive and effective way to deal with situations of this sort. Please work with RQN to come up with workable solutions, both procedural and legislative. Thank you. Richard Schmidt PS. I feel the city devotes entirely too much attention to patrolling drunks downtown, and completely ignores the problems caused by the bar-drunks once they leave downtown and enter neighborhoods. We live more than a mile from the downtown bars, yet when these drunks stagger through our neighborhood after bar closing (something anybody in the street at that hour can observe), there's no police presence, and these drunken marauders commit unspeakable acts of wanton vandalism. We had more than $3,000 of vandalism damage to our street-parked cars last year, and that has been about what it's been for the last several years.. (Brief descriptions: two side mirrors broken off, two doors bashed in, one window broken out, two cars scratched from front to rear with deep gouges in the paint and into the metal below. This is an annual thing!!! Can you imagine having to live this way? No wonder good people are leaving the city.) Officers who respond to our requests for police reports just shake their heads, and tell me it is like this throughout SLO's neighborhoods. How about directing the city manager to care as much about this degradation of our neighborhoods as he does about graffiti and petty vandalism downtown? We need neighborhood patrols Thursday through Saturday nights, and since their need is directly in proportion to the number of drinks served in downtown bars, taxing those drinks is a perfect way to pay for the patrols. If the bar owners object, tell them to stop serving people till they're drunk, or you'll fine them to finance the patrols needed to control the behavior their boorish greed begets. Schmidt to Council/RQN noise study session, Page 3 Page I of 1 Council,SloCity _ From: Sharon Whitney[sharon@sharonwhitney.com] Sent: Tue 9/22/2009 3:41 PM To: Council,SloCity Cc: Subject: Neighborhood Noise Control Attachments: Jan,Allen,Dave,Andrew,John, Unfortunately I will not be able to attend the special study session on neighborhood noise control. I want to comment In favor of the expected ordinances being considered,e.g.,a curfew. However,I do have some additional comments I'd like to offer. I know that there are city ordinances dealing with parades and assemblies,which require use permits. I believe.that some of the crowd activities during WOW that occurred in my neighborhood fall under the rubric of parade and/or assembly. For example,on Albert Street one.Sunday afternoon,a large group of college age students gathered at and in front of a house rented by fraternity members(two doors away,down the hill toward McCollum,from 216 Albert). They were attended by crowd monitors wearing special safety gear and carrying special sound equipment,and being ushered in costumes toward a bus waiting at the top of the hill. Nobody seemed unruly or drunk, just noisy—like a parade. But this is not a street/neighborhood built for parades or large.assemblies. There are vehicles parked on both sides and this foot- parade deterred normalstreet traffic,to say the least. This is just one example of the kind of crowd behavior occurring during WOW,while not bad In Itself, having a negative impact on an RI zone. Sincerely, Sharon G.Whitney,Professor Emerita,Political Science COOUNCIL CDD DIR RECEIVED FIN DIR ACAO T FIRE CHIEF SEP 2 3 10119 ATTORNEY DPW DIR CLERWRIG ®'POLICE CHF SLO CITY CLERK ❑ DEPT HEADS RF REC DIR RED FILEi MEETING AGENDAS 3�,F �NRIL DIR DATE71,2'9�197 ITEM :9 x j7y�6i2 tG c'rry G cEiu https://mail.slocity.org/exchange/slocitycouncil/Inbox/Neighborhood%2ONoise%20Contro... 9/23/2009 RED FILE - MEETING AGENDA" memoizanbum *� � DA 9 s ITEM # SS I CM (san IU19 onispo _.__. DATE: September 22, 2009 /lam cppy O'aNCIL u'CDD DIR TO: City Council �� Z FIN DIR �`A7TORNEY """C�'FIRE CHIEF FROM: Deborah Linden, Chief of Police LJ K/ORIG Z PW DIR DEFT HEADS C PaLiCE CHF VIA: Shell Stan ck, Assistant Cit Manager �REC®IRY ��Y Y g 4 �1 t. -UTIL-61R -Fi'I-1121 bIW SUBJECT: Summary of Activity during WOW 2009 ' N& 1 ran Es �LOU&)c.L Cir-1 ihGlL As you are aware, this past week was Cal Poly Week of Welcome (WOW) during which new Cal Poly students moved in early (eleven days prior to the start of school), along with approximately 600 student WOW leaders. Many students began moving in to off-campus residences in the City on Friday, September 11, 2009. Students living in on-campus dorms moved in on Saturday,November 12, 2009. From Saturday, September 12 to Monday, September 14, Cal Poly University Housing conducted a new program called "Fall Launch Class of 2013"in order to provide orientation and activities for students living on campus prior to the start of WOW. WOW officially began on Tuesday, September 15, 2009, and Cal Poly classes began a week later on Tuesday, September 22, 2009. The following is a link to the Fall Launch schedule for details regarding the program activities: http://falllaunch.housing.calpoly.edu/launch2009 schedule hishliats.html Beginning Saturday, September 12, significant crowds began forming in north end neighborhoods adjacent to Cal Poly(generally bordered by Foothill, California,Taft and Grand) and continued almost every night throughout the week. On several nights, the foot crowds were estimated at over 1000 with many people going in and out of house parties in the neighborhoods. There was also a large volume of vehicular traffic. The nighttime crowds in the downtown were fairly normal in size and typical for any weekend. The north end nighttime crowd and party activity remained large and steady until this past weekend when the crowds were reduced. On Saturday night, September 19, a crowd of approximately 500 people milled about the area on Hathway. On Sunday night, September 20, the crowds were estimated at 100-200 in the same area. In general, the crowd, party and alcohol activity in the north end neighborhoods was significant and coincided with the early arrival of Cal Poly students. However, not all of the crowd/party participants, or those arrested or issued citations, were Cal Poly students. Some were Cuesta College students and others were not college students. RECEIVE SEP 2 ? 9009 SLO CITY CLERK The following is a summary of the party and alcohol related arrests and citations for the period from Thursday, September 10, to Monday, September 21, 2009. The majority of arrests and citations occurred in the north end neighborhoods near Cal Poly. Violation Number of Arrests Number of Citations Public Intoxication 13 --- DUI 8 --- Minor in Possession of Alcohol --- 16 Open Container of Alcohol in Public --- 49 Noise Violation --- 16 Urinating in Public --- 12 In addition, several notable incidents occurred during this time period related to party and alcohol activity: • During the day and early evening on Saturday, September 12,the crowds and traffic were very large due to the Cal Poly football game, with numerous parties and open drinking occurring. The crowds stayed large until about midnight. That evening,hundreds of people congregated near the corner of Hathway and Fredericks. As officers were making an arrest in the area, several half full cans of beer were thrown at the officers. University Police Department assisted our officers in dispersing the crowd and issuing alcohol citations. • On Sunday night, September 13, the north end neighborhoods were saturated with young people looking for parties. At one point, officers arrested a very intoxicated 18-year old male for public intoxication. He was also diabetic and ended up being admitted to Sierra Vista Hospital for treatment due to his level of intoxication. • On Tuesday night, September 15, over 1000 young people congregated in the area of Hathway and Bond. Officers had to request assistance from University Police, CHP, and the Sheriffs Department in order to keep the crowds under control and disperse them safely. Numerous minors were issued citations for possessing alcohol in public. • On Friday night, September 18,officers assisted the Fire Department on a medical aid call in the 500 block of Couper. A 19 year old female was suff6ring from alcohol poisoning and was admitted to the hospital. Friends reported that she had been drinking at a fraternity party. Officers are investigating to determine which fraternity was involved. • On Sunday morning, September 20, at 7:00 AM, a very intoxicated 22-year old male was found by residents in the dining room of their home on San Luis Drive. The suspect was not known to the residents and he did not know where he was or why he was in the residence. He was arrested at the scene. He told officers that he was a Cal Poly student, but it was later determined that he was a former student and no longer enrolled at Cal Poly. • On Sunday night, September 20, officers and SNAP responded to numerous party calls and issued DACs and citations. Officers arrested an extremely intoxicated 19-year old Cal Poly student who the officers witnessed stepping into the path of a moving vehicle on 2 Grand. The officers used their emergency lights to quickly alert the driver so the young man would not be hit. This same night, the president of one fraternity was issued his third noise citation in the past 12 months. Staff will be following up with Cal Poly for administrative action against the fraternity if appropriate. • On Monday morning, September 21, at 7:10 AM, a very intoxicated 19-year old male was found by residents in the kitchen of their home on Lincoln Street. The suspect was not known to the residents and he did not know where he was or why he was in the residence. He was arrested at the scene. He is a current Cal Poly student living in on- campus housing. Throughout the week, the cooperation and partnership we received from the University Police Department was outstanding. Even though we deployed additional officers on overtime at night, we still relied heavily on University officers to maintain control in the area, especially during the large crowd events. Beginning today, September 22, 2009, Neighborhood Services Manager Ardith Tregenza and I have been invited to attend a series of weekly meetings with Cal Poly officials to discuss the future of student orientation events in light of the problems experienced this year. I will keep the City Manager updated regarding these discussions. Please feel free to contact me with any question. 3 RECEIVES SEP S O CITY CLERK Residents for Quality Neighborhoods P.O. Box 12604 - San Luis Obispo. CA 93406 September 16, 20009 Dear Mr. Mayor and Members of the City Council, The RQN Board compiled this list of noise complaints made from January 2002 through July 2009 for your information. The percentages as well as the actual numbers of Disturbance Advisory Cards and citations are, also, provided. We hope a solution to excessive party noise will be found soon so that the quality of life once enjoyed in San Luis Obispo's residential neighborhoods will be restored, or at least significantly improved. Brett Cross L-rCOUNCIL LR'CDD DIR RED FILE er'ca,o p'FIN DIR -� - MEETING AGENDA aACAO MfiFIRE CHIEF PrATTORNEY 1fiPw DIR - DAT ya9 ITEM # 2eCLERIVORIG ITPCLICECHF Chair ❑ DEPT HEADS Z'REC DIR p'UTIL DIR Imo. G.guul _ z Noise Complaints: 2002 to Present — NW 77n7 s� `- "Cau X)CtL � 0-t'rY MGC Date Complaints DACs Cites — ez�z� 2002 Totals 2969 1204 (41%) 177 (6%) 2003 Totals 3346 1204 (36%) 177 (5%) 2004 Totals 3356 1414 (42%) 208 (6%) 2005 Totals 3346 1336 (40%) 186 (6%) 2006 Totals 3260 1208 (37%) 173 (5%) 2007 Totals 3230 1193 (37%) 163 (5%) 2008 Totals 3092 1574 (51%) 245 (8%) Jan 2009 227 98 (43%) 19 (8%) Feb 2009 200 91 (46%) 17 (9%) Mar 2009 198 84 (42%) 15 (8%) Apr 2009 212 88 (42%) 12 (6%) May 2009 331 168 (51%) 18 (5%) June 2009 258 110 (43%) 28 (11%) July 2009 222 87 (39%) 9 (4%) Aug 2009 276 117 (42%) 7 (2.5%) 2009 Subtotal 1924 843 (44%) 125 (6.5%) Calls n. Je August 2009 RECEIVE 276 Calls SEP 119 Dac's issued SLO CITY CLERK 7 Citations issued 216 Calls made between 22:00103:00 hours 78% 103 Dac's issued between 22:00103:00 hours 86% 6 Citations issued between 22:00/03: -h 0%16 Q-COUNCIL 171CDD DIR (3eA0 C"ACA- M'FIN DIR ITABAO6'r6rio'-f- ZrFIRE CHIEF Calls made August 2008 UATTOR EY zrp�IAOLICE GHF 270 Calls ❑ DEPT HEADS [B'AEC CIA 134 Dac's issued erUTIL 0I0 G— �uL* 3 HN 15i 9 Citations issuedCAUFONU FmrrEMM Atlyw 09 M=U =Y ^'° I 0 Calls placed: O Ones issued: 0 Aalli , Foomm MEETING AGENDA Dear Mr.Mayor and fellow City Council members, DATE a n91TEM # SSI This Is a mini version of the monthly report I do covering the calls made dealing with parties and noise violations In our neighborhoods. The part of the amp included in this sharing shows the Northern part of the city nearer to the University. This not to say the rest of the city does not experience the same problems. One thing I would like to point out is that when looking at the nap you will notice many calls are coming In from the student housing projects near the Campus. 'This shows me that students are reporting on students and just not crabby old folks tike me calling on our neighbors. If you have any questions or comments feel free to contact me Frank Kassak 295 Cerro Romauldo. 544-5554 or fkassak@sbcglobal.net.