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FW: Tyson Kennels site visit - 6/22 at 11 PM

From: domainremoved <Jackie>
Date: Sun, 7 Jul 2019 01:56:28 +0000

Hi Eleonor,

I am trying to follow up on the email I sent to you on 6/23 and the follow up email sent on 6/25 in regards to Officer Apple's site visit on 6/22 where he witnessed noise levels of 73.5 dB at 11:00 PM at the backside of Building C. This weekend was extremely bad and the dogs barked throughout the night last night. Can you please respond to my questions posed in my emails 6/23 and 6/25 below?

Also I wanted to follow up with you on your site visits in December 2018 and January and February 2019 (see attached) where it showed that there would be follow up after the owners returned from vacation. I am specifically interested in Incident# 1902120063, where you asked the Kennel to use only the back cages (which I am not sure would provide much relief, but at this point anything would help). Have you had a chance to follow up with them? Is there a plan in the near future?

I reached out to Tiffany at the kennel last week and am hopeful that all of us can work together to find a solution to what has become an increasingly intolerable situation. While Tiffany appreciated the call, she was skeptical that the City was prepared to help execute some of the noise mitigation measures. I hope that the City Council will add this issue to the agenda (which was requested on June 18th during the Council meeting).

Honestly, this noise is driving me absolutely mad - there is hardly ever any time to decompress or relax, sleep without interruption, open windows, etc. I am hopeful that we can make progress on this issue asap, as the noise has already started to take a mental and physical toll on many of us living in Building C. It is affecting every aspect of our lives, including work, family, sleep, etc. We desperately need to find a resolution.

Any updates would be much appreciated.

Sincerely,
Jackie Comstock

From: Jackie Comstock
Sent: Tuesday, June 25, 2019 2:35 PM
To: evhilario_at_(domainremoved)
Cc: 'Annika Mortensen' <annikacharlotte_at_(domainremoved)
Subject: FW: Tyson Kennels site visit - 6/22 at 11 PM

Eleonor,

Just following up on my last email. Were you able to come out to the site? If you are interested in visiting again, every morning from 6:30 am to 9:30 am are pretty bad.

Can you please let me know how you intend to proceed with 1) citing the kennel 2) another site visit, and 3) how code enforcement plans to proceed moving forward?

Thanks,
-Jackie Comstock

From: Jackie Comstock
Sent: Sunday, June 23, 2019 10:37 AM
To: evhilario_at_(domainremoved)
Cc: Karin Sargis <karinsargis_at_(domainremoved)
Subject: Tyson Kennels site visit - 6/22 at 11 PM

Hi Eleonor,

I called PD last night around 10 pm and spoke with the dispatcher, John, who said he would try to find someone available to come out. At that point the dogs had been barking non-stop for approximately 1.5 hours. I told him that I would call him back if they stopped barking (so an officer wouldn't be wasting their time). At about 10:30 PM I called him back because the dogs had been quiet for about 10 minutes. He said that he had just dispatched an officer over the radio and the officer was in route. I hung up the phone, and thought to myself how strange it was that every time we call the police and someone is going to come out that the dogs go silent. This is the same point I was trying to make to you yesterday during our call. While I wouldn't want to think that PD was tipping them off I was struggling to find out how this was happening time and time again. One time, I could chalk that up to Murphy's law. Two times, Murphy's law maybe. Three, four and five times - there is no way.

About 5 seconds after I hung up the phone with John, it dawned on me...He said he called it out over the police radio. I called him right back and asked him what he meant by dispatching it out over the radio, and he confirmed that he indeed dispatched the call and communicated through the police radio. I told him, as far-fetched and paranoid as it might sound, that I suspected the kennel has a police radio, and that is how they are able to take the dogs indoors every time police arrive at the property to measure the sound. Is this possible???

Anyhow, I told John I would call back if they started barking again after he placed the "cancel" call over the radio. Sure enough, within 10-15 minutes, the dogs started up again...and they were definitely outside, not indoors as their conditional use permit states. I called John again and told him the dogs started up again and he said he would dispatch an officer "off the radio." Officer Apple came out to the site a few minutes before 11 PM (in fact he visited three different locations, including our back wall) and we measured the sound as high as 73.5 dB. Before his arrival, I also recorded and videoed the dogs for approximately 7-8 minutes and can send you those readings and videos if needed. Officer Apple and I actually spoke before I turned off the video so it is clear when and where my video and sound recordings took place.

As I mentioned in our call yesterday, Sunday mornings are usually pretty bad. Today is no different. They have been barking non-stop all morning. I am not sure if you came out to do a reading this morning, but if you, or any other officers, conduct any future sound readings, I would ask that it does not go out on the radio. I suspect that Officer Torres had some sort of communication over the radio when he came out the last time, and I heard your radio going the first time you and the other officer came out.

Please advise if you are going to come out to the property today, as they are barking non-stop. Also, please let me know if my request of not using the police radio is going to be considered by you, other officers, and dispatchers moving forward.

Lastly, I ask that you please cite the kennel for non-compliance with their conditional-use permit issued in 1972 which states that the dogs are to be kept inside at night (see below). I also ask that you cite them for exceeding Menlo Park Code Noise Ordinances, as 73.5 dB reading at 11 PM is a clear violation of noise laws within the city limits. Officer Apple's bodycam footage should provide any evidence you need for citing the kennel. I look forward to your response.

Thanks,
Jackie Comstock

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Received on Sat Jul 06 2019 - 18:50:20 PDT

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