Statement by Siobhan Flynn and Donald Mendoza regarding the Menlo Park Planning Commission’s Regular Meeting
of February 27, 2023, Agenda Item F2 (“...resolution to approve use permit to exceed maximum nighttime noise
limit...”)
2. Issue at Hand: How do we benefit the greater community without causing undue burden and harm to the
historically marginalized minority (a part of the community that just recently gained its own city council
member)? How does the city live up to its promises of social justice, equity, and environmental
stewardship/justice (yes noise in this context is pollution and unjustly harms a minority of the community)?
We will answer these questions in a set of recommendations which I will give after establishing some
context.
3. Context: First off, we believe we all appreciate the City Staff, departments, commissions, boards, and
council members and all that serve the City of Menlo Park – their jobs are difficult, tiresome, and noble. Yet,
this particular situation reflects gaps in management, planning, and execution as the Menlo Park
Community Center project located at Belle Haven neighborhood backed itself into a corner that violates the
City’s own laws and worse - damages the Belle Haven neighborhood as numerous studies have shown the
harmful effects that noise inflicts on biological systems. In short, the noise studies performed for this
project (as shown in attachment C of this meeting’s packet) should have been completed prior to settling
on a design or a specific heat pump, not afterwards.
4. Recommendations & requests for action: However, with setbacks there is always opportunity for
improvement and restitution. Therefore, and in answer to the questions posed previously, we recommend
that:
a. The Commission issue a resolution to reject the staff’s request to approve the use permit to
exceed the nighttime noise limit of 50 dBA.
b. The Commission include in its resolution a recommendation to the City Council and Staff that the
design of the heating system planed for use at the Menlo Park Community Center Pool at Belle
Haven be re-worked to ensure it does not exceed either the day or nighttime sound limits.
c. The Commission include in its resolution a recommendation that City Staff/Department Heads
(especially those in Public Works) associated with this project perform an assessment to determine
how this process escape occurred and develop corrective action plans to prevent them from
reoccurring – rework and lawsuits are more costly to the City and its citizens than correcting the
issue at hand.
d. Lastly, the Commission include in its resolution that in the condition that all earnest attempts to
correct the design’s deficiencies still result in an elevated noise level that the City provide each
household within the impacted area some form of reparations (such as...free access to the
Community Center facilities – including the pool, allowances to build and/or plant their own noise
abatement systems...).
5. Summary: In summary, the already marginalized community of Belle Haven should not be further burdened
or harmed by a less than effective Public Works project management process that led to the City Staff
requesting an allowance to exceed the City’s sound ordnance limits.
6. Closing: The eventual re-opening of the Menlo Park Community Center located at Belle Haven should be an
event of celebration for everyone – however proceeding with staff’s current recommendation to
exceed sound limits will make that day one of very visible demonstrations/protests, social medial
campaigns of complaint, letters to the editor, and worse - lawsuits. The Commission and City Council can
prevent this and maintain the community’s trust by enforcing the City’s own ordinances.
7. Thank you,
Donald and Siobhan
On Fri, Feb 24, 2023 at 8:56 PM Eduardo Lopez Hernandez
> wrote:
To whom it may concern,
On February 7, 2023, I sent an email requesting the meeting to be moved to our neighborhood (Belle Haven). The decision you make will either negative or positively impact our wellbeing. I made this request since many of my neighbors who also have concerns will not be able to attend the meeting. Since the meeting has not been moved to make it accessible to those impacted, here are the questions I will like the planning commission to address:
1. Has there been a noise analysis done for the impacts of the heat pump, the PG&E station on my backyard, the 101 freeway, and the school and community centers traffic? Each has a different impact on our community and wellbeing, and one does not cancel the other.
2. Who is responsible for mitigating those noises and pollution? The California Department of Transportation (CalTrans), PG&E, or the City Of Menlo Park?
3. When will these mitigations happen? Our quality of life has diminished each time a new project is approved, and no mitigation measures have been implemented.
4. How are the Environmental Justice Element City of Menlo Park and safety element updates being used to improve our quality of life?
5. When will you have a city Council meeting and Planning Commission meeting in the Belle Haven neighborhood district one?
I am looking forward to meeting with you this Monday February 27, 2023 at 7:00 pm.
Eduardo L. Hernandez
Belle Haven Resident
________________________________
From: Eduardo Lopez Hernandez >
Sent: Tuesday, February 7, 2023 7:42 PM
To: planning.commission@menlopark.gov >; cttaylor@menlopark.gov >; jwolosin@menlopark.gov >; mdoerr@menlopark.gov >; dcombs@menlopark.gov >; bnash@menlopark.gov >
Cc: Alberto Tinajero >; Arlene Navarro >; pujany@gmail.com >; siobhanflynn@gmail.com >; Airel Tinajero >; rebelka@hotmail.com >; grazianoaiosa@gmail.com >
Subject: Air Source Heat Pumps at New Swimming Pools Meeting
Dear Planning Commission,
My name is Eduardo L. Hernandez. I live in Del Norte Avenue near the construction site for the new Onetta Harris Community Center. Last Saturday on February 3, 2023, Menlo City Park staff visited our area to let us know the Planning Commision will be holding a meeting to review the "noise study" and take public feedback on 2/27/2023. Many of my neighbors and I came out to meet with city staff to express our concerns regarding the noise pollution and the impact it will have on our health. We want to let you know we are already dealing with 101 noise pollution 24 hours a day/7 days per week. Many of our properties also have the PG&E Substation in our backyards. Furthermore, we have been dealing with the dust/pollution from the site construction and constant traffic to the site. My neighbors and I requested city staff to have the meeting in our neighborhood since the decision you take will impact our community. The city staff told us to send this request to the planning commission and the Menlo Park City Council. I am formally requesting to have the public meeting in our area at the Belle Haven Public Library, so most of my neighbors are able to attend this important public meeting. I have CC the neighbors who met with city staff in this email. Thank you and take care.
Sincerely,
Eduardo L. Hernandez.