DATE:
October 4, 2022
TO:
Adam Politzer, Interim 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 To Brannon Corporation Inc. For Night Work Related To Beach Cleaning Operations As Part Of The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 17240005) To Occur On Dates To Be Determined Between October 5, 2022 And October 28, 2022. (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 City’s Noise Ordinance to Brannon Corporation Inc. for night work related to beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 on dates to be determined between October 5, 2022 and October 28, 2022.
Background
The Point Emery Shoreline Protection Project is a Capital Improvement Program project, EPW 101-18 (CIP #16475021), whose purpose is to maintain and preserve existing park land in danger of erosion from tidal and wave action (“Project”).
On April 20, 2021, the City Council adopted Resolution No. 21-29, authorizing the City Manager to enter into a contract with NV5 for an amount not to exceed $61,595 for consulting services necessary to complete design documents and obtain permits for the Project.
On December 7, 2021, the City Council authorized the City Manager to enter into an agreement with Cal Engineering and Geology for construction management services and authorized the City Engineer to advertise construction of the project for public bidding (Resolution No. 21-129).
On April 5, 2022 City Council authorized the City Manager to enter into a contract with Brannon Corporation Inc. for the construction of the project.
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 these restrictions (the “Noise Ordinance”). Section 5-13.06 sets forth the procedures for requesting a waiver. Under these procedures, the City Council holds a 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. In addition, published notice in the Oakland Tribune is required at least ten days prior to the scheduled hearing. Due to the urgency of this matter, staff was unable to satisfy this requirement and, as a result, the City Council is asked to waive the requirement set forth in Section 9-7.208(b)(4).
Reason for Noise Waiver Request
The Noise Ordinance limits construction noise to 11 hours per day, Monday through Friday. As a condition of the BCDC permit the City is required to perform extensive beach cleaning around Point Emery. The beach cleaning operation involves removing debris from the Bay during the lowest of the two daily low tides, the difference between the two being 4 feet or more on some days. Because, in the month of October, these low, low tides occur during nighttime hours, night work between 11 p.m. and 7:00 a.m. is being requested. Noise and light created by the work is not anticipated to be a nuisance to Emeryville residents and the work is anticipated to take 4 nights maximum.
Since BCDC’s permit to perform this work ends on November 30th, and the construction contract expires on October 14th delaying the required work to be performed is not advisable.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of Brannon Corporation, Inc. are as follows:
Night work between the hours of 11 p.m. and 7 a.m. beginning on a date to be determined between October 5, 2022 and October 28, 2022 to perform beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 at Point Emery.
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
The Noise Ordinance requires notification to property owners and site addresses within 300 feet of the project site. No properties or addresses are within 300 feet of the project site.
Conclusion
Staff recommends that the City Council of the City of Emeryville waive the published notice requirement set forth in Section 9-7.208(b)(4) and adopt the attached resolution granting a waiver from the City’s Noise Ordinance to Brannon Corporation, Inc. for night work related to beach cleaning operations as part of the Point Emery Shoreline Protection Project, Project No. EPW-18101 on dates to be determined between October 5, 2022 and October 28, 2022.
PREPARED BY: Michael Roberts, Senior Civil Engineer, Public Works Approved and Forwarded to the
City Council of the City of Emeryville:
Adam Politzer, Interim City Manager
Attachments
1. Draft Resolution
2022 Point Emery Shoreline Protection Project Noise Ordinance Waiver City Council Meeting | October 4, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM