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Re: BootUp's constant violations on zoning rules and noise disturbance

From: domainremoved <Andres>
Date: Sun, 17 Mar 2019 12:06:01 -0700

Hi Mark,

Thank you for your reply. The neighbors appreciate your help and
consideration on this matter. Unfortunately, BootUp had a private party
last night (Saturday 16th). It was almost midnight and I could hear people
leaving the locale, their cars, and the music coming out of the building
whenever they opened the doors. BootUp's officials have been informed and
made aware of their violations and neighbor's complaints for 3 years now.
They keep lying, conniving, and feinting ignorance with false pretenses to
neighbors and to the City of Menlo Park.

BootUp is not going to stop. Another warning letter to "inform" them about
the rules will go into their trash can. The neighbors around BootUp have
been extremely patient with the City of Menlo Park trying to resolve this
problem. Unfortunately, the results have been underwhelming, and the
neighbors keep suffering the consequences of BootUp's constant trespasses
and violations. We know from a BootUp employee that BootUp organizes
private events for clients/investors and allows any of their "renters" to
use the venue as a private party locale. This has been BootUp's original
plan. Instead of giving up on their agenda or move their business to a
more appropriate venue, they have decided to cover it up and lie about it.
They are running an "underground" social club for their
clients/renters/investors/etc and they have become extremely comfortable
with lying without any compunction to get their way.

The City of Menlo Park really needs to step it up and put an end to this
long standing problem. We await to hear the course of action the City of
Menlo Park decides to take.

Thank you again for your time,
Andres Mediavilla



On Thu, Mar 14, 2019 at 12:49 PM Muenzer, Mark E <MEMuenzer_at_(domainremoved)
wrote:

> HI Andres – Thank you for your email and bringing the new event
> information to our attention. I apologize for the late response but I have
> been working with City staff to reach out to BootUp to inform them again
> that these type of events are not permitted under their present use permit
> and to reiterate they need to apply for a use permit revision. I will be
> back in touch once we have communicated with them and have a timeline in
> place to review their application. Thank you.
>
>
>
> MM
>
>
>
>
>
> * Mark E. Muenzer*
> Community Development Director
> City Hall - 1st Floor
> 701 Laurel St.
> tel 650-330-6709
> menlopark.org <http://www.menlopark.org/>
>
>
>
> *From:* Andres Mediavilla <andres.mediavilla_at_(domainremoved)
> *Sent:* Friday, March 8, 2019 11:05 AM
> *To:* Chow, Deanna M <DMChow_at_(domainremoved)
> *Cc:* McClure, William <wlm_at_(domainremoved)
> WADixon_at_(domainremoved)
> Jerome-Robinson, Starla L <SLRobinson_at_(domainremoved)
> *Subject:* Re: BootUp's constant violations on zoning rules and noise
> disturbance
>
>
>
> Hi Deanna,
>
>
>
> BootUp is back organizing events without the proper permits. I think by
> now we can all agree that BootUp's officials do not give a damn about
> zoning rules, warnings, cease and desist letters, or disrupting the
> neighborhood. The website below shows you how BootUp is organizing events
> for Pitch Force and have 3 planned in the next month.
>
>
>
>
> https://www.eventbrite.com/e/pitch-force-san-franciscobootup-menlo-park-tickets-57543625533
>
>
>
> I would like to request that the City of Menlo Park writes BootUp in
> advance to tell them that they will be cited for violating zoning rules and
> purposely ignoring all the previous warnings and letters. It is very
> unfortunate that BootUp does not want to cooperate or follow the rules but
> I think citation is long overdue by now. We are also considering legal
> action against them at this point.
>
>
>
> Thank you again for your time and consideration.
>
>
>
> Andres Mediavilla
>
>
>
>
>
> On Thu, Dec 20, 2018 at 6:06 PM Chow, Deanna M <DMChow_at_(domainremoved)
> wrote:
>
> Mr. Mediavilla,
>
>
>
> Thank you for bringing this to our attention. We will be reaching out to
> BootUp regarding their activity on the patio and will be internally
> discussing the next steps. If there is an issue that arises in the future
> regarding the use of the patio, please do notify me. Please note that City
> Hall Administration Building will be closed from Friday, December 21, 2018
> through Tuesday, January 1, and I will return on Tuesday, January 8, 2019.
>
>
>
> Regards,
>
> Deanna
>
>
>
>
>
>
>
> *From:* Andres Mediavilla [mailto:andres.mediavilla_at_(domainremoved)
> *Sent:* Saturday, December 15, 2018 7:11 PM
> *To:* Chow, Deanna M <DMChow_at_(domainremoved)
> *Cc:* McClure, William <wlm_at_(domainremoved)
> WADixon_at_(domainremoved)
> Muenzer, Mark E <MEMuenzer_at_(domainremoved)
> *Subject:* Re: BootUp's constant violations on zoning rules and noise
> disturbance
>
>
>
> Dear Deanna and Bill,
>
>
>
> BootUp is having a party tonight (*Saturday* December 15th, 2018). I've
> attached a picture of the event from my house, where you can see people
> wearing masks and fire pits in the patio. This is a clear violation of the
> zoning rules and a defiance to the cease and desist letter you sent them
> about 2 months ago. I called the Menlo Park Police but unfortunately they
> cannot cite BootUp for violating zoning rules.
>
>
>
> This is not a surprise to me. BootUp's officials have shown nothing by
> contempt for any City zoning rules and complete disregard for any
> complaints or warnings. I already forewarned you back in October that
> BootUp would not follow your cease and desist letter. I also asked you
> then what you and the City of Menlo Park intended to do when BootUp
> disregarded your cease and desist letter and began violating zoning rules.
>
>
>
> The City of Menlo Park has given BootUp too much leniency and the
> neighbors have suffered and put up with the consequences for too long.
> Please, it's time the City of Menlo Park take strong measures and punish
> BootUp for continued and purposeful violations
>
>
>
> Thank you,
>
> Andres Mediavilla
>
>
>
>
>
> City of Menlo Park intends to enforce its zoning rules with a business
> like BootUp that clearly doesn't care
>
>
>
> On Sat, Oct 27, 2018 at 6:43 PM Andres Mediavilla <
> andres.mediavilla_at_(domainremoved)
>
> Thank you Deanna for providing the letter and explanation. And thank you
> and the City of Menlo Park for taking action in order to resolve this
> ongoing situation.
>
>
>
> As I mentioned in my previous email, my 3 years of experience dealing with
> BootUp have taught me that BootUp will exploit any loophole, ambiguity, or
> omission in what's communicated to them in order to keep organizing
> activities. In this case, I believe the definition of permissible "use of
> the patio for passive uses such as individual work, small group meetings
> and eating lunch is permitted" is missing specific and important details
> such a time frame or what a small group meeting really entails. I know
> these may seem like obvious concepts to everyone, but I also know BootUp
> will twist these terms in their advantage. The City of Menlo Park needs to
> be more concise in their description of such activities.
>
>
>
> I would recommend you and the City of Menlo Park explain to BootUp that
> these "passive uses" of the patio are permissible during standard business
> hours (9am-5pm). Anything happening outside that window is more probable
> to be an after-hours social party than anything work-related. This nuance
> will definitely eliminate any possible misunderstandings or
> misconstructions by any party, and it will clearly define to all parties
> when any social activity in the patio is permissible or not.
>
>
>
> The social party with games that went on until 8pm last Thursday October
> 25th was clearly not a "small group meeting". BootUp has shown that they
> will push the boundaries. Ms. Laleh Masnavi (BootUp's VP of Operations)
> stated to me in a meeting on August 23rd that BootUp is open to their
> employees 24/7, and as such, BootUp thinks they can have "passive uses" of
> the patio at any time of day and week. This will not be tolerable.
>
>
>
> Please help us resolve this situation. I am thankful you sent that letter
> to BootUp, but I think they still need farther clarifications such patio
> uses during standard business hours (9am-5pm). We don't want to be caught
> in the same game we have been in the last 3 years.
>
>
>
> Sincerely,
>
> Andres
>
>
>
>
>
> On Sat, Oct 27, 2018 at 2:45 PM Chow, Deanna M <DMChow_at_(domainremoved)
> wrote:
>
> Hi Mr. Mediavilla,
>
>
>
> Attached is the letter that was provided to BootUP. Since we sent the
> letter, the Director, City Attorney and myself met with BootUP
> representatives to discuss what is permitted at the site, and continuation
> of events on the patio requires a use permit. Please note that use of the
> patio for passive uses such as individual work, small group meetings and
> eating lunch is permitted.
>
> BootUP has indicated that they will be filing a use permit application in
> the coming weeks. This application will be reviewed by staff and the
> Planning Commission will be the final decision-making body, unless appealed
> to the City Council. As part of the process, there will be opportunity for
> public input. The Menlo Park PD may be contacted if use at the site is
> believed to exceed the noise ordinance.
>
> Regards,
>
> Deanna
>
>
>
>
>
>
>
> * Deanna M. Chow*
> Assistant Community Development Director
> City Hall - 1st Floor
> 701 Laurel St.
> tel 650-330-6733
> menlopark.org <http://www.menlopark.org/>
>
>
>
>
>
>


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Received on Sun Mar 17 2019 - 12:01:59 PDT

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