DATE:
February 6, 2024
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 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 Project (CIP Number 15511005).
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 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 non-holiday dates to be determined between February 7, 2024 and March 15, 2024 for work related to the Sanitary Sewer Spot Repair Project.
Background
On November 7, 2023, the City Council authorized the construction of the Sanitary Sewer Spot Repair Project EPW23-005 (CIP 15511005) by awarding a contract to Corcus Construction, Inc.
The Project scope includes spot repair of the sewer mains in several locations in the City, including Ohlone Way at Bay Street, a single maintenance access hole (MH) on the Greenway near the South Bayfront Bridge adjacent to The Emery Apartments, and on West MacArthur Boulevard between the highway onramp and Emery Street (See Exhibit A). It is necessary to conduct these sewer repair tasks during nighttime weekday periods when sewer flow rates are at a minimum and sewer flow control and bypassing can be implemented most effectively. The work methods for these locations are Pipeline Grout Injection and Epoxy Resin Pipe Lining (or Cured-in-Place-Pipe) which will involve the situating of a truck and a medium-sized frame on each of the upstream and downstream MHs of each segment of sewer main. The work will be performed by accessing the interior of the pipes via the MHs, so no jackhammering of surface pavement will be required.
The noise can be categorized into two parts: hydrocleaning and in-situ repair. Hydrocleaning noise can be described as the typical sewer cleaning activity, where a vactor truck and hydrojetter will be deployed to clean the inside of the sewer main at the MH. This activity is expected to be somewhere between 80-100 decibels at a range of about 50 feet for a duration of 30-60 minutes per segment of sewer depending on the length of the line and the cleanliness of the line. This is equivalent to the decibel level emitted by a vacuum cleaner or typical city traffic up to a power tool. After the cleaning of the line is complete, in-situ repair (either Grout Injection or CIPP) will make up the remainder of the work, and will be quieter with an estimated intensity of 30-40 decibels at a range of 50 feet, which is equivalent to decibel level of leaves rustling in the wind.
In order to proactively inform local residents of the upcoming nighttime work by Corcus Construction, 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 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 to minimize the risk of disruption of sewer service, a noise waiver for the sewer rehabilitation operations on Ohlone Way at Bay Street, a single maintenance access hole (MH) on the Greenway near the South Bayfront Bridge adjacent to The Emery Apartments, and on West MacArthur Boulevard between the highway onramp and Emery Street is being requested.
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:
(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 Work by Corcus Construction Inc. and City shall not occur on Holidays including President’s Day (Monday February 19, 2024).; 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.
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 January 23, 2024, 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 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 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 non-holiday dates to be determined between February 7, 2024 and March 15, 2024 for work related to the Fiscal Year 2022/2023 Sanitary Sewer Spot Repair Project CIP 15511005 PREPARED BY: Nik J. Ignacio, Associate Civil Engineer
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution
Attachment A – Map of Work Area
Sewer Spot Repair Project Noise Waiver 2024
City Council Meeting | February 6, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM