DATE:
July 19, 2022
TO:
Christine Daniel, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For The Union Pacific Railroad Grade Crossings At 67th, 66th, and 65th Streets For A Seven Consecutive Day Period On Dates To Be Determined Between August 1, 2022 And December 31, 2022 To The City Of Emeryville, Bay Cities Paving & Grading Inc., And Union Pacific Railroad Corporation For Work Related To Track and Grade Crossing Improvements As Part Of The TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)) Recommendation
Staff recommends that the City Council of the City of Emeryville adopt the above-entitled resolution granting a waiver from the Noise Ordinance for the Union Pacific Railroad grade crossings at 67th, 66th, and 65th streets for a seven consecutive day period on dates to be determined between August 1, 2022 and December 31, 2022 for work related to track and grade crossing improvements.
Background
On February 15, 2022, the City Council authorized the construction of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) by awarding a contract to Bay Cities Paving and Grading, Inc.
Construction of the project is now underway and requires coordination and scheduling of work to be performed by Bay Cities Paving and Grading and Union Pacific Railroad (UPRR). To ensure safe and timely construction of the improvements, track work on the Union Pacific Railroad alignment within the railroad right of way at 65th, 66th and 67th streets can only occur during the nighttime and weekends when trains run less frequently. It is anticipated that the need for night work will be limited to seven consecutive days and weekend work will be avoided if possible.
Coordination between City representatives and UPPR operations is underway and because scheduling typically takes 8 to 12 weeks to solidify, it is unclear at this point if the work will be scheduled during August, September or October. In order to proactively inform local residents of the upcoming nighttime work, staff proposes to send 72-hour advance notification to all addresses within a 300-foot radius of the project site prior to the commencement of the seven day period of work.
DISCUSSION
Noise Ordinance Waiver Procedures
Chapter 13 of Title 5 of the Emeryville Municipal Code limits construction noise to 7:00 a.m. to 6:00 p.m. on weekdays but allows a developer or contractor to request the City Council for a waiver of the construction noise restrictions (the “Noise Ordinance”). Section 5-13.06 sets forth the procedures for a waiver. The applicant must submit a request, accompanied by the required fee, to the Planning Director, stating the hours and days of work requested, type of work to be conducted, type of equipment to be used, location on the property where work will take place, and reason(s) why a waiver is needed. The City Council then holds a noticed public hearing on the request and may grant the request by resolution and designate any conditions it deems necessary. After granting the request, the City Council may revoke or modify the waiver if the applicant fails to comply with any of the conditions of approval, or if complaints are received and not satisfactorily resolved.
Reason for Noise Waiver Request
The Noise Ordinance limits construction noise to 11 hours per day, Monday through Friday. For worker and train safety, track improvements within the UPRR right of way work must be performed at night and on weekend days when trains run less frequently.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of Bay Cities Paving and Grading Inc. and Union Pacific Railroad Corporation, are as follows:
A period of seven consecutive calendar days of nighttime work between the hours of 6 p.m. and 7 a.m. and 24-hour weekend work beginning on a date to be determined between August 1, 2022 and December 31, 2022 to construct railroad safety improvements at the 65th Street, 66th Street and 67th Street grade crossings; and The City staff shall notify all neighbors within 300 feet of the site, and the Emeryville Police, Fire and Public Works departments, 72 hours prior to commencing night or weekend work.
The City Council may revoke or modify this approval if the applicant fails to comply with any of these conditions of approval, or if any complaints are received and not satisfactorily resolved.
ENVIRONMENTAL REVIEW
This noise waiver is exempt from the California Environmental Quality Act (CEQA) under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as stated in Section 15061(b)(3) of the State CEQA Guidelines, and it can be seen with certainty that there is no possibility that this noise waiver will cause a significant effect on the environment.
FISCAL IMPACT
None.
STAFF COMMUNICATION WITH THE PUBLIC
As required by the Noise Ordinance, staff mailed notices to property owners and site addresses within 300 feet of the project site and published a legal advertisement in the Oakland Tribune.
CONCLUSION
Staff recommends that the City Council conduct a public hearing and grant a waiver of the Noise Ordinance for the Union Pacific Railroad grade crossings at 67th, 66th, and 65th streets for a seven consecutive day period on dates to be determined between August 1, 2022 and December 31, 2022 for work related to track and grade crossing improvements.
PREPARED BY: Ryan O’Connell, Senior Civil Engineer, Public Works Approved and Forwarded to the
City Council of the City of Emeryville:
Christine Daniel, City Manager
Attachments
Draft Resolution
Quiet Zone Noise Ordinance Waiver
City Council Meeting | July 19, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM