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Call to Action - Noise Disturbance to Residents

From: domainremoved <Kevin>
Date: Mon, 24 Sep 2018 16:37:22 -0500

*Dear Menlo Park City Council,*

*I am writing to you today regarding Menlo Park Municipal Code 8.06.030
“Noise Limitations.” I recently moved to Menlo Park on August 1st, 2018 at
1469 San Antonio Ave and I have greatly enjoyed my time as a renter and as
a resident. However, there is one particular challenge that I am unable to
resolve on my own. At least two or three times a week, during the weekdays,
Recology picks up waste and recycling from 1460 El Camino Real at 6
A.M.—sometimes earlier. The two trash dumpsters at this building are
enclosed in a small building no more than 7 feet from the windows of 2 out
of the 3 bedrooms in the house. This 6 A.M. pick up time has become
incredibly disturbing, interrupting the last hours of my sleep. Even with
white noise, closed windows, and noise cutting curtains, the noise is
incredibly alarming and disruptive. This negatively impacts my welfare at
home and my productivity at work. While I experience the most noise, my
other housemates, Patrick and Dionisio, are occasionally disturbed as
well.Recognizing this issue, I notified Ms. Lynn Woods, the property
manager of my home, and called Recology, inquiring if it was possible to
adjust their route. In addition, I contacted Ms. Melissa Cullinan, the
property manager of 1460 El Camino Real, asking if it was possible to move
their trash bins away from our residence.Recology denied my inquiry, with
little to no empathy for the situation. Recology supervisors and managers
at every level refused to make any adjustments to their route. Ms. Cullinan
also denied my inquiry to explore other places to move the trash bins,
simply citing “the cost to relocation is not feasible.”Having tried all
available options at my disposal, I am turning to our municipal laws.I
recognize Menlo Park Municipal Code 8.06.040 (g) provides an exception for
garbage pickup. However, I would argue this code is in absolute conflict
with my rights as a resident of California—as well as the rights of future
tenants of this home. Section 46000 of the State of California Health and
Safety Code states: “It is the policy of the state to provide an
environment for all Californians free from noise that jeopardizes their
health or welfare. [...] establish a means for effective coordination of
state activities in noise control and to take such action as will be
necessary to achieve the purposes of this section.”I would further argue
Menlo Park Municipal Code 06.040 (g) is far skewed in favor of a large
corporation that holds complete control over the landfill and recycling
rights to the city. Their status as the sole provider of these services in
this area does not exclude them from fostering responsible pick-up times
that are healthy to residents of Menlo Park. The voices of citizens must be
heard and recognized as well.Furthermore, Menlo Park Municipal Code
8.06.030 outlines reasonable sound levels for residential neighborhoods in
Menlo Park. I have not taken a precise measurement of the noise generated
from the Recology garbage trucks, but can confidently say the noise is
greater than 150 decibels, at least three times in excess of the sound
limits defined for “nighttime hours.” I welcome anybody with the precision
sound level meter tool (Type 1 or 2 set to A-weighting) to measure the
sound either near the direct source of the trash dumpsters, or from my
room, and see the sheer intensity of this sound that one has to try
sleeping through.I ask you, is it just and fair for Recology to be given
the right to generate such noise, disturbing not just me, a working
resident of Menlo Park, but also my housemates and every future resident of
this home? Given that I have tried all options, but to no avail, is it just
that my only option left is to move to a new home—just so that I can simply
have a good night of sleep?In my humble, opinion, it is unjust that I have
to move to a new home. This trouble could all be avoided if Recology were
to make the minimum effort required to adjust the garbage pickup route to
minimize the disturbance they make to residents. A pickup time of 8:45 A.M.
or later would be most ideal.Please let me know your considerations on this
issue. I greatly appreciate your time.My housemates, Patrick and Dionisio,
have also signed below.Sincerely,Kevin MeiPatrick BurtchaellDionisio Blanco*
Received on Mon Sep 24 2018 - 14:36:25 PDT

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