DATE:
November 7, 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 For Paving Work On Shellmound Street, 65th Street, 66th Street, and 67th Street On Non-Holiday Dates To Be Determined Between November 8, 2023 And March 31, 2024 To The City Of Emeryville and Bay Cities Paving & Grading Inc. For Work Related To Street 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 paving work on Shellmound Street, 65th Street, 66th Street, and 67th Street on non-holiday dates to be determined between November 8, 2023 and March 31, 2024 for work related to street improvements as part of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103.
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. On July 19, 2022, the City Council authorized a noise waiver for this same project for the periods between August 1, 2022 and November 17, 2022 (Resolution No. 22-105).
Construction of the project is nearing completion and requires coordination and scheduling of work to be performed by Bay Cities Paving and Grading (BCPG) and Union Pacific Railroad (UPRR). To ensure safe and timely construction of the improvements, BCPG has requested to perform portions of their paving work more than 300 feet from any residence on Shellmound Street, 66th Street and 67th Street during nighttime and weekend daytime periods when trains run less frequently. Additionally, they have requested to perform paving work within 300 feet of residences along 65th Street during weekend daytime periods with no nighttime work allowed.
In order to proactively inform local residents of the upcoming nighttime work by BCPG, staff propose to send 72-hour advance notification to all addresses within a 300-foot radius of the project site prior to the commencement 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 a waiver from the City Council for 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 any required fee, to the Planning or Public Works 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 the general safety of the public, contractor’s employees, and train crossings in project areas, paving operations more than 300 feet from any residence on Shellmound Street, 66th Street, and 67th Street are requested to be performed at night when trains run less frequently. Additionally for paving operations within 300 feet of residences along 65th Street and portions of paving operations on Shellmound Street, 66th Street, and 67th Street, there is less traffic, transit services, and freight deliveries on weekend daytime periods which means less disruption of normal operations to residents and businesses in the North Hollis corridors.
Conditions of Approval
The proposed conditions of approval, as requested by the City staff on behalf of Bay Cities Paving and Grading Inc., are as follows:
Five (5) total days of nighttime work between the hours of 6 p.m. and 7 a.m. (Monday – Sunday) on dates to be determined with work happening between November 8, 2023 and March 31, 2024 to perform paving operations more than 300’ from any residence on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and Four (4) total days of weekend daytime work between the hours of 7:00am to 6:00pm beginning on dates to be determined with work happening between November 8, 2023 and March 31, 2024 to perform paving operations within 300’ of residences on 65th Street (Christie Avenue - Hollis Street) and to perform paving operations on Shellmound Street (65th – Northerly City Limits), 66th Street (UPRR crossing – 200’ East of Crossing), and 67th Street (Shellmound – 200’ East of Hollis Street); and Work by BCPG and City shall not occur on Holidays including Veteran’s Day (11/10/23 – 11/11/23), Thanksgiving (11/23/23 – 11/26/23), Christmas (12/23/23 – 12/25/23), New Years (12/31/23 – 1/1/24), and MLK Day (1/13/24 – 1/15/24); 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; and 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.
UPRR Noise Waiver
UPRR owns the right-of-way of the track area where their scope of work is to take place and does not need to comply with the City’s Noise Waiver procedure. In an effort to get UPRR to comply anyway, staff met with UPRR’s Director of Public Affairs in October 2023 and explained the strong desire for UPRR to follow the City’s same procedures of 72-hour noticing for work done by UPRR. UPRR has assured us that they will do their best to comply, but the notice may come within 24 hours of nighttime UPRR work due to the unpredictable nature of scheduling their crews from nationwide labor teams.
UPRR has also notified staff that they will need two separate two-week periods for testing their equipment after they complete their scope of work at the project site. They are expecting to complete their scope of work before Thanksgiving, and then will commence their testing in the first week of December. One test period will be testing equipment without trains, and the other test period will be conducted with a UPRR train running back and forth through the many scenarios that can occur in this track area between the hours of 7:00 p.m. – 12:00 a.m. when trains run less frequently.
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 on October 24, 2023, to property owners and site addresses within 300 feet of the project site and published a legal advertisement in the Oakland Tribune.
Conflict of Interest
None.
Conclusion
Staff recommend that the City Council conduct a public hearing and grant a waiver from the Noise Ordinance for paving work on Shellmound Street, 65th Street, 66th Street, and 67th Street for dates to be determined between November 8, 2023 and March 31, 2024 for work related street improvements as part of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103.
PREPARED BY: Ryan O’Connell, Senior Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
Quiet Zone Noise Ordinance Waiver – Paving 2023
City Council Meeting | November 7, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM