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Sep 24, 2018
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Call to Action - Noise Disturbance to Residents



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 Mei

Patrick Burtchaell

Dionisio Blanco