Exhibit CC 01-24-2017 Item No. 18 Written Communications Lauren Sapudar CC 1/24/17 Item No. 18
Subject: FW: Noise from Lehigh cement
From:Tim Brand [mailto:
Sent:Tuesday,January 24, 2017 4:36 PM
To: City Council
Subject: Noise from Lehigh cement
Dear Councilmember,
I understand the staff is presenting a study of the noise from Lehigh cement at tonight's council meeting. I am soiry I
will not be able to attend this meeting in person and want to make sure you know how this problem affected my home
in Cupertino during my 32 years on Lebanon Drive. When I first moved in there was almost no plant noise whatsoever.
After about 5 years I started noticing an increase and this steadily got worse. Over the last decade the noise from
Lehigh ruined the peaceful environment at my home. Perhaps folks who always run their air conditioning and never
open their windows will not be as impacted, but like many other folks I prefer to have the windows open as much as
possible. In fact I even used to sleep at night with the windows open all year long but there is no way that was possible
anymore due to the noise fi-om Lehigh. My backyard and patio were no longer enjoyable and the sliding door leading to
them remained shut most of the time. With the house all locked up it felt very confined and uncomfortable to us.
The noise from Lehigh is apparently very close to the County limit. For several years I did my own continuous
measurements which agreed with the County measurements on multiple occasions. The problem is that this limit is
quite high and the level at my property typically hovers right at that level. I find the level similar to the noise generated
by a neighbor's residential air conditioning compressor on the side of the house about 6 feet fi•om my fence. The
Lehigh noise, however, is even worse than the residential air conditioner because it typically runs continuously for
many months at a time (including all night) whereas air conditioning is off most of the time, especially at night when
the temperature cools down. The irony is that the noise problem gets woise because of AC noise which would not be
running if folks could open their windows. I would also like to point out that the environmental impact of unnecessary
air conditioning was not included in the EIR done by the County. It is a shame that we cannot force Lehigh to coi-�•ect
this problem which has such a dramatic effect on so many people.
I struggled with this issue for many years and finally in December I sold my house and moved out of Cupertino. I want
to make it clear that this move was because of the noise from Lehigh Cement. However I still feel connected to the
community and want to see the peacefulness restored for my neighbors and fi-iends in Cupertino even though it no
longer affects me in Los Gatos.
Thank you for your efforts on the Council to hold Lehigh accountable. As I am sure you are aware the noise issue is the
tip of the iceberg. Lehigh has done lasting and pei7nanent damage to the region because of lack of enforcement.
Continuous vigilance by the community seems the only way to regulate their impacts.
Sincerely,
Tim Brand
1
Lauren Sapudar Ce, � I L� � I �- � ��
From:
Sent: Tuesday,January 24, 2017 9:50 AM
To: City Clerk; City Council; Cupertino City Manager's Office
Subject: Noise Agenda Item #18 Council Meeting 1/24/2017
Dear City Council,
It is my understanding that you will be reviewing a noise study from Lehigh Cement Plant.
As a resident of this area, I wanted to share my view with the council regarding the noise
level. I cannot attend the meeting this evening but I'm hoping that my view as a resident
can be expressed.
We resides at in Cupertino, not far from the cement plant. I've lived at
this address for 14 years now.
For the last 4-5 years now, we've noticed an increased noise coming from the cement
plant. The noise is coming from a fan and is similar street sweeper truck (going around the
block for hours and hours). I am certain that this specific noise is coming from the plant.
Although this noise can be heard almost all the time, the level is often acceptable. There are
times though when then noise is excessive and bothersome, especially at night.
I have purchased a decibel meter on Amazon (brand is BAFX - best seller on amazon -
accuracy guaranteed at +/- 1.5 dB
https://www.amazon.com/ap/product/BOOECCZWWI/ref=oh aui search detailpaQe?ie=UTF8&
psc=1 ) just to read the plant noise level objectively and accurately.
Here are my findings:
Most of the time, the background noise in my yard (including the humming of the plant) is
about 37-39dB. I personally find that level acceptable.
Once in a while (maybe 10-15% of the time), the humming from the plant gets excessive
and ranges between 41 to 48 dB. When that is the case, the noise level continues for many
hours (often overnight). I always make sure to read the value from my device when NO
OTHER noises are present (traffic, planes, animal, gardening tools)
After exchanging emails with Peder Eriksson (from the Santa Clara County Consumer
Protection Division, Noise Pollution Department), I have been informed that anything above
40dB at night is a violation. The noise limit should be 45dB at night in a residential area,
from which you should deduct 5dB for "offensive noise contains a steady, audible tone such as
a whine, screech or hum, ...". The noise is clearly a constant hum and Peder informed me that
the county supports this view.
�
As a resident of Cupertino, my top concern and priority right now is the noise and the (less
visible) chemical pollution coming from the Lehigh plant. I've sent several emails to the city
during the last few years and I've been disappointed by the lack of responsiveness from the
city.
I, along with many residents of West Cupertino, are hopeful that you will take actions against
the excessive noise coming from the Lehigh plant.
Here is a petition signed by more than 140 residents of Cupertino and other locals about this
concern:
https://www.chanae.ora/p/santa-clara-countv-reduce-noise-from-lehiah-cement-
qlant?recruiter=4941154&utm source=petitions show components action panel wrapper&ut,
m medium=copvlink
I strongly encourage the city to conduct its own study and also consider the blatant conflict-
of-interest in results of the noise study that was sponsored by the plant itself. As a
resident, I also expect the city to help enforces the local laws and issue violations as needed.
I look forward to hearing about the outcome of your meeting!
Pascal Vin
Cupertino, CA 95014
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Lauren Sapudar CC 1/24/17 Item No. 18
Subject: FW: Noise at Lehigh cement plant
From: Howard Strachman [mailto:
Sent:Tuesday,January 24, 2017 12:26 PM
To: City Council
Subject: Noise at Lehigh cement plant
I live about a mile south of the plant and the noise is really annoying. It's intetmittent but when it's on there's no
question about the fact that it's not Cricket noise. Measurements I've made using a simple Android phone app showed
noise levels exceeding 65 DB at times.
Please take the complaints lodged by the citizens of Cupertino sei•iously. Doing nothing about this is not an option. At
the least, the plant must be compelled to comply with existing city and county noise ordinances.
Thank you.
Howard Strachman
i