DATE:
October 18, 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 CF Contracting, Inc. For Weekend Work Related To Street Improvements As Part Of The Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) On 47th Street, Doyle Street, Steve Dain Drive, And 41st Street To Occur On Dates To Be Determined Between October 22, 2022 And December 4, 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 CF Contracting, Inc. for weekend work related to street improvements as part of the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) on 47th Street, Doyle Street, Steve Dain Drive, and 41st Street on dates to be determined between October 22, 2022 and December 4, 2022.
Background
On July 19, 2022, the City Council authorized the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) by awarding a contract to CF Contracting, Inc.
Construction of the project is now underway and requires coordination and scheduling of work to be performed by CF Contracting, Inc. in front of multiple public and private schools in the project area. To ensure safe and timely construction of the improvements with the least disruption to school activities and operations, CF Contracting, Inc. and City staff are requesting to perform major work activities on Doyle Street, Steve Dain Drive, and 47th Street on weekends between October 22, 2022 and December 4, 2022. City staff held discussions with staff from the Emeryville Center of Community Life (ECCL), Escuela Bilingüe Internacional (EBI), and East Bay German International School (EBGIS). All involved in the discussions concluded that construction work on weekends would result in the least conflict with daily activities for each school.
It is anticipated that there would be one weekend of slurry seal work and one weekend of striping work to be performed on all streets identified in this request. All other work associated with this project will be completed during normal weekday working hours. The nature of the work is dependent on good weather, so a window between October 22, 2022 and December 4, 2022 is requested to ensure that work is completed this year.
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 requesting a waiver. The City Council then 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.
Reason for Noise Waiver Request
The Noise Ordinance limits construction noise to 11 hours per day, Monday through Friday. For safe and timely construction of the improvements with the least disruption to school activities and operations, weekend work between 7:00 a.m. to 6:00 p.m. is being requested.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of CF Contracting, Inc. are as follows:
Weekend work between the hours of 7 a.m. and 6 p.m. beginning on a date to be determined between October 22, 2022 and December 4, 2022 to construct street improvements as part of the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005).
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 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 of the City of Emeryville adopt the above-entitled resolution granting a waiver from the City’s Noise Ordinance to CF Contracting, Inc. for weekend work related to street improvements as part of the Annual Street Rehabilitation And Preventive Maintenance Project Fiscal Year 2021/2022, Project No. EPW-21102 (CIP No. 17240005) on 47th Street, Doyle Street, Steve Dain Drive, and 41st Street on dates to be determined between October 22, 2022 and December 4, 2022.
PREPARED BY: Ryan O’Connell, 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 Paving Project Noise Ordinance Waiver
City Council Meeting | October 18, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM