RESOLUTION NO. 24-
Resolution Of The City Council Of The City Of Emeryville Granting A Waiver From The Noise Ordinance For Sewer Rehabilitation Work On West MacArthur Boulevard, Ohlone Way, And The Greenway Path Adjacent To The South Bayfront Bridge For Dates To Be Determined Between February 7, 2024 And March 15, 2024 To The City Of Emeryville And Corcus Construction Inc. For Work Related To The Sanitary Sewer Spot Repair (CIP Number 15511005).
WHEREAS, on November 7, 2023, The City Council authorized the construction of the Fiscal Year 2022/2023 Sanitary Sewer Spot Repair Project, Project Number 15511005, (EPW23-005) by awarding a contract to Corcus Construction Inc.; and WHEREAS, 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”); and
WHEREAS, it is necessary to perform the work during times of low sewage flow rates so that sufficient sewer flow control and bypassing can be implemented; and WHEREAS, it is anticipated that the need for night work will be limited to on Ohlone Way, one sewer system maintenance access hole (MH) on The Greenway near South Bayfront Bridge, and West MacArthur Boulevard between the highway onramp and Emery Street; and
WHEREAS, on February 6, 2024 the City Council held a duly and properly noticed public hearing to consider the request for a waiver, staff recommendation, and public comment; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville finds the circumstances related to the Sanitary Sewer Spot Repair Project are extraordinary and grants a waiver from the Noise Ordinance for sewer work on Ohlone Way, one sewer system maintenance access hole (MH) on The Greenway near South Bayfront Bridge, and West MacArthur Boulevard between the highway onramp and Emery Street, on dates to be determined between February 7, 2024 and March 15, 2024, to the City of Emeryville and Corcus Construction Inc., subject to the conditions set forth below; and, be it, further RESOLVED, that the City Council of the City of Emeryville granting of a Noise Waiver is subject to the following conditions:
1. (5) total days of nighttime work between the hours of 6 p.m. and 7 a.m. (Monday – Sunday) on dates to be determined between February 7, 2024 and March 15, 2024 to perform sewer repair operations on Ohlone Way and (1) sewer maintenance access hole on the Greenway near the South Bayfront Bridge, and on West MacArthur Boulevard between the highway onramp and Emery Street; and
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Sewer Spot Repair Project Noise Waiver 2024
City Council Meeting | February 6, 2024
2. Work by Corcus Construction Inc. and City shall not occur on Holidays including President’s Day (Monday February 19, 2024).
3. The City staff shall notify all neighbors within 300 feet of the sites, and the Emeryville Police, Fire and Public Works Departments, 72 hours prior to commencing night work; and
4. 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 are not satisfactorily resolved.; and therefore be it ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 6, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
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