DATE:
June 6, 2023
TO:
Paul Buddenhagen, 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 Emery Cove Inc. For Weekend And Night Work Related To Marina Dredging As Part Of The Marina Navigation Channel Maintenance Dredging Program (CIP No. 19495003) 300 Feet After The Breakwater In The Outer Channel Outside The Marina Harbor To Occur On Dates To Be Determined Between June 7, 2023, And November 30, 2023 (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 Emery Cove, Inc. for weekend and night work related to Marina Dredging as part of the Marina Navigation Channel Maintenance Dredging Program (CIP No. 19495003) 300 feet from the breakwater in the outer channel outside the Marina Harbor to occur on dates to be determined between June 7, 2023 and November 30, 2023.
Background
On July 5, 2022, pursuant to resolution number 22-88 the City Council authorized a Reimbursement Agreement with Emery Cove Inc. for the purpose of dredging the shared access channel as part of the Marina Navigation Channel Maintenance Dredging Program (Project No. 19495003).
Construction of the project is now underway and requires coordination and scheduling of work to be performed by Emery Cove’s Contractor. The scope of work under question is in the outer marina outside of the marina harbor, in open waters 300 feet beyond the breakwater. There are no residences, docks or live-aboards within a 300-foot radius of the proposed work area. The closest residential structure is more than 1400 feet away from the closest point of the proposed work.
The work will be conducted with a clamshell dredge on a barge. Tugboats will transport the barges out to the SF-11 dump site adjacent to Alcatraz. The rig will not be a hydraulic dredge therefore noise levels will be minimal. For the purpose of comparison, at 250 feet away dredging produces approximately 62 decibels, whereas a vacuum cleaner produces 75 decibels when nearby, and within a typical business office decibel levels are between 60-65. A total of 20 days is estimated for the outer channel dredging.
All other work in the inner harbor and within 300 feet of the breakwater will be completed during normal weekday working hours between 7 am and 6 pm.
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 proposed dredging work in the outer channel will require the removal of a significant amount of material. Without the allowance of night and weekend work it is likely that the dredging project will become infeasible for this year, due to the volume of material that has accumulated in the navigation channel. Water depths have become increasingly shallow and to date more than 84 vessels have become stranded at low tide as a result. Furthermore, the nearest point for construction activity under consideration with this waiver request is more than 1400 feet from any residential or commercial structure. It is surrounded by the open water of the bay, bounded by the harbor to the south, Frontage Road and the I-80 freeway to the east, and open bay to the north and west.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of Emery Cove, Inc. and it’s contractor are as follows:
Weekend and night work beginning on a date to be determined between June 7, 2023 and November 30, 2023 for Marina Dredging as part of the Marina Navigation Channel Maintenance Dredging Program (CIP No. 19495003) 300 feet after the breakwater in the Outer Channel outside the Marina Harbor.
With no residents or structures within 300 feet of the site there are no neighbors to notice.
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
There are no residences within 300 feet of the proposed work area for this exemption, therefore no notice is required per the ordinance. A legal advertisement has been published 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 Emery Cove, Inc. for weekend and night work related to Marina Dredging as part of the Marina Navigation Channel Maintenance Dredging Program (CIP No. 19495003) in the outer channel outside the Marina Harbor to occur on dates to be determined between June 7, 2023 and November 30, 2023.
PREPARED BY: Mohamed Alaoui, Director, Public Works
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
2023 Marina Navigation Channel Maintenance Dredging Project Noise Ordinance Waiver City Council Meeting | June 6, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM