Good morning and
Welcome to the Public Works and Transportation Committee
Meeting on this Tuesday September 22nd. The time is 1135 in this meeting shall come to order
The for I call roll. I like to give instructions on how to submit a speaker card
If you are here in person and would like to submit a speaker card
Please fill out a speaker card and turn it into a clerk representative
Before the item is read into record or ten minutes after this meeting began again, the meeting began at eleven thirty-five
Online speaker cards were due 24 hours before this meeting began. So we will no longer be accepting online speaker cards
But once again, if you're in person and would like to submit a speaker card, please fill it out either
Before and turn it in before the item is read into record or ten minutes after this meeting again with that. I will now
call roll on
roll for this meeting
Councilmember Houston
My apologies councilmember Gail is what I meant to present councilmember Houston
President Thank You councilmember excuse me council a member Wong
present and chair under
Here, thank you. Thank you for that. We have all four members present before we move on to the first item
Do you have any announcements?
Yes, we have a heavily impacted schedule today 11 items.
So let's all just try to keep it brief and keep it concise
and keep our presentations and our questions
to the most critical pieces, thank you.
Thank you so much for that.
Moving on to our first item.
Our first item number one is approval of the draft minutes
for the committee meeting on July 14th to 2026.
I have no speakers for this item.
I have a motion by council member Gayle,
seconded by council member Houston to approve item one
as is on roll council member Gail I used in long I chair I item number one
approval the draft minutes for July 14 2026 have been approved as is moving
with four I excuse me moving on to item number two determination of scheduling
of outstanding committee items which is known as your pending list I have one
and speaker for this item.
Do we have any changes from administration or staff?
No.
Okay, none.
Let's hear our speaker, please.
Okay, we do have staff at the podium.
I believe they will present something.
Go ahead.
Apologies, good morning.
Kristin Hathaway, assistant director for Public Works.
I did want to make a request that we remove item number one
under the pending no date specific file ID 25-0536,
If you're wondering why we're
requesting it to be withdrawn
because it's a duplicate of
item number 11 that has been
scheduled today.
Copy that.
Thank you.
Thank you.
Thank you for that so noted.
Now moving on to public
competitors on this item.
Miss Asada Ola Bala for item
number two, your pending list.
Good morning.
Good morning, Madam Clerk.
I'm requesting that the
revisit to the 311 system take
place when it reflects a need
address an issue. There has to have a system that says this issue is an emergency related
to safety. If it is under the label of a safety issue, a timeline for when it has to be addressed.
okay, uh, give you an example. I have a tree that sits on an island, uh, owned by the city,
uh, the address, it's on Keller Mountain. The tree drops large limbs. A bench is a part
of the island right under the tree. Just have reported three times large branches dropping
off, I got an understanding that they were going to inspect the tree to see if it needed
to be removed.
It hasn't happened.
It's just an example.
That's a safety issue.
Somebody could be hurt seriously.
The other thing is a commitment to put forth items for which after you put them in place,
you're going to actually use them.
On the same corner that I'm talking about, Keller Mountain, we've installed several traffic
lights.
They're just sitting there.
And on Canyon and Keller, several traffic lights just sitting there for years.
I'm talking about five or six years, not functioning.
It doesn't make sense to put things in place if you don't use them.
So if we're gonna do anything,
it's gonna be usable, not non-usable.
Thank you for the time.
Thank you for your comments
and that concludes our speakers for item number two.
Has it been, I'll move the item.
Okay, that was a motion by Councilmember Unger.
Need a second?
And a second by Councilmember Gaiel.
One moment.
On roll for this item, Councilmember Gaiel.
Aye.
Councilmember Houston.
Wong.
item number three and I'm
Number two
Determination of scheduling outstanding committee items the pending list was amended to move
under no date specific item number one
Which is a duplicative of item number 11 on the agenda to be have this item been withdrawn and with that amendment four eyes
That now takes us to four eyes as amended that now takes us to item number three
Read the item into record receive an information report on the city of Oakland storm drainage master
plan findings and the ensuring opportunity to explore storm drain be
Valuing to help build a resilient storm drainage system designed to reduce flooding reserves
impact of deferred storm drain maintenance and
Archive clean waterways. I have two speakers
Okay, this is an enormously important and under appreciated subject under girding our city
So let's hear from the staff, please
Thank you so much. Good morning chair Unger and committee members
Thank you for the opportunity to present this report to you and the community
I'm Terry fashion and I serve as the watershed and stormwater division manager and DD bond manager
For the for Oakland Public Works today, I'll provide an update on the city's storm drainage master plan project
And we'll highlight the urgent need for sustainable funding
For our storm drainage system and clean water compliance. I do have a PowerPoint presentation
Okay, here we go in this presentation
I'll briefly describe the project team the current state of our storm drainage infrastructure
how the storm drainage master plan is being developed, our preliminary storm
drainage management cost estimates, a potential new funding option and
associated ballot process, and how this work aligns with city plans. So first the
storm drainage master plan team. I'm grateful to all the city staff working
on this project but only naming a few today. Our master plan project manager is
is Tiffany fam.
She's our supervising civil engineer
for the watershed and stormwater division.
Also the public works drainage maintenance
division manager Gerald Nervis and his team
provide critical field support to the project.
Our lead consultant is Chang Su from Wood Rogers here today
and our financial planning subconsultant
is SEI consultant group represented by John Bliss
here today as well as Heather Jamison and Emmanuel Peterson.
So moving on, many of Oakland's storm drainage assets
may be most are over 85 years old
and urgently need replacement rehab improvement.
Unfortunately, the city lacks sufficient funding
for maintenance, repairs, upgrades and waterway protection.
To demonstrate the urgency,
the image on this slide shows the entrance
to the Oakland Zoo that was severely damaged
after a large storm on December 31, 2022.
Arroyo Viejo Creek flowed where a storm pipe
and road once were.
The storm's force destroyed the pipe.
This is just one example of the challenges
we face other similar challenges.
The funding challenge is clear.
We must address aging infrastructure
and secure sustainable funding to protect our community
and manage Oakland's 400 miles of storm pipes
and 18,000 storm structures.
So a little bit about how we're developing
the Storm drainage master plan.
To address these needs,
city council authorized the start
of a new storm drainage master plan in 2020
To deliver this plan, our team is completing computer models
for the storm drainage system and tree canopy.
And please note, the city's goal
to fund tree maintenance and planting
closely aligns with our efforts
to fund storm drainage management.
We're also conducting pipe
and structure condition assessments,
revising design standards and maintenance plans,
developing projects and financial analysis,
reviewing records and practices,
and collecting and analyzing public input.
For example, flooding hotspots have been mapped
from recent outreach and Oak 311 reporting.
The master plan is 75% complete
and will be finalized in 2027.
It provides a clear roadmap to proactively maintain
the storm drainage system,
to improve function and reduce future costs,
to restore and upgrade assets to reduce risk
and protect property, including roads,
deliver capital improvements equitably,
and raise funding to implement master plan recommendations
and comply with water quality regulations.
And on this slide, I've provided an example of a sinkhole
from a deteriorated pipe under 55th Avenue.
We are grateful we used Measure U funds
to repair this one.
Collapse structures, flooding, sinkholes,
and erosion are all issues we aim to better address
with more sustainable funding.
So a little bit about the cost estimates
we've been developing,
and these are definitely underdeveloped,
so this is preliminary.
We estimate, so we've calculated based on projects
that were developed through the Storm Drainage Master Plan,
we estimate 1.26 billion needed
for specific capital projects,
and this is a subset of citywide needs.
We also estimate about 3.63 billion needed
if we did citywide system improvements,
replacements, and purchase the equipment needed for that.
At least $16.3 million per year is needed
for proactive storm drainage system maintenance
to help get us back on track
for cost-effective storm drainage management.
And we need at least $24 million per year
for water quality compliance.
That doesn't include costs that we're currently
developing for trash and legacy pollutant control.
So on this slide, I show a photo,
this is on High Street,
where we have some flooding that does occur.
Improvements needed include pipe capacity upgrades
at this particular site.
So this is just similar to the projects
that we have identified around the city,
where we do need to make some improvements
to address flood control.
Other improvements include trash capture devices
and green stormwater infrastructure.
So now I'm gonna move on to talk about
a potential funding path.
I'm gonna talk about bonds, grants,
and 218 property related fee.
To fund the storm drainage system improvements,
ongoing bonds and grants will be needed
for most capital improvement program infrastructure projects
just because of the amount of money
that's needed for everything.
So I wanted to make that clear.
For example, Measure U and Measure Q
are currently funding a small, very small percentage
of our urgent storm infrastructure
improvement and rehab projects.
So we're grateful for that funding.
But that represents a small fraction of our citywide needs.
Additional funding funding is needed to properly maintain and rehabilitate the system
We're exploring a prop 218 compliant storm drainage fee
with a potential timeline of
2027 to
2029 so get started in 27 and hopefully complete by 29 should it be authorized
for context
Just wanted to let you know that the cities of Alameda and Berkeley implemented successful prop 218 compliant
Valeting efforts and now Alameda charges seventy eight dollars per year per home
Generating over three million dollars annually
While Berkeley charges forty two dollars per year per home also generating about three million dollars
These are smaller cities with
less
storm drainage to take care of
We did something similar in Oakland
We could raise 10 to 15 million per year if we if we went with those numbers
This would require property owner balloting and 50 percent approval
And then on this slide
I'm showing a picture of a sinkhole caused by a deteriorated storm drain pipe that occurred in a
residential yard in a city easement
So, a little bit about the balloting steps and timeline.
The balloting process would take 18 to 36 months.
We would finalize the Storm Drainage Master Plan recommendations, select a balloting
consultant team through an RFP process, conduct community survey and equity centered outreach,
conduct a drainage fee study and prepare a legally compliant fee report, and complete
public notice public hearing direct mail balloting and tabulation each property is entitled to one vote in this case a
Prop 218 balloted property related free process is straightforward
With notices and ballots mailed to property owners in Oakland
The process requires 50 percent of approval as I said one vote per property
Most storm drainage fees include an optional consumer price index escalator and no sunset provision
The balloting process is not tied to any election dates and can be held any time of year
If balloting were successful we would have a dedicated
sustainable revenue stream to help cover
infrastructure upgrades and maintenance and compliance with stormwater protection regulations
This would contribute to long-term savings by reducing flooding avoiding deferred maintenance and regulatory enforcement costs
alternatively
If we continue with the status quo
Oakland ratepayers would not pay a storm drainage fee
But the city would incur additional liability as repairs increase in cost and difficult in cost and difficulty
Flooding and other system failures increase and the potential for environmental fines increase
impacts compounded by more intense storms due to climate change. So a little
bit more on these balance validating steps I'm almost done here. The
community survey that would need to be developed would determine a viable rate
per property. Outreach messaging would focus on protecting properties from
local flooding and rebuilding valuable infrastructure for future generations.
The required fee study would provide a legal justification,
describe the service that would be provided by the fee.
It would outline the fee methodology
and would provide a rate structure and calculation.
Noticing and balloting is a two-step process.
That's a 45-day noticing and a 30- to 45-day balloting
with no sunset provision as I mentioned.
So this is the last slide.
So our work aligns with several city plans. The 2024 urban forest plan shows how trees intercept rainfall and reduce runoff. Our storm drainage master plan tree canopy modeling will quantify this benefit. The capital improvement plan for fiscal years 25 to 27 invested some funding to reduce flooding and protect infrastructure. So we're eager to go further.
eager to go to move that, to increase that.
Also, the 2030 Equitable Climate Action Plan
aims to reduce climate change financial risk, which
aligns with our work, and expand and protect
green infrastructure.
The general plan includes environmental justice,
land use and transportation, housing, and safety elements
that all align with our efforts as well.
And then the last image is a very positive one
We have a picture of the urban forest plan and a picture of the urban forest plan showing
city workers planting trees with students.
Sustainable storm drainage management funding will prioritize equity communities, ensuring
flood improvement projects with similar risk scores are prioritized in high and very high
priority equity areas.
Our work also contributes to green and safer streets through green storm water infrastructure
and flood mitigation.
So, to learn more, please contact me.
My email address is provided here.
And also visit our city's Storm Drainage Master Plan webpage, the link, the URL is provided
on this slide.
So, that's all I have.
Thank you.
You know, I think we don't talk about storm drains nearly enough in the city.
It's not the sexiest thing.
That's not what you think of as infrastructure that you desperately need, but this is a city
that is completely, has creeks and rivers flowing underneath it, and if we don't fix
our storm drains, we're going to see increased problem with paving our roads last half as
long as they should because they are constantly being undercut by streams.
We see incredible flooding in Fruitvale and D7 all over the place, and this is a problem
that it's only going to continue to get worse as our sewers deteriorate, so thank you for
looking into this and I would love to continue to work with you on this.
Thank you so much.
Colleagues, Councilmember Houston.
Thank you, President, and through the Chair, Ms. Flashing, this is very, very, very, very
important because it undermines our infrastructure and just because we don't see it doesn't mean
it's there, so let me just share with you, I appreciate this and let's move this.
Councilmember Gayle.
Thank you for the information, but let's deal with reality.
So for me, as a resident of the city, how much am I paying annually to maintain our
storm drains?
Because the reality is, is throughout the city of Oakland, especially in some neighborhoods,
we're not getting the service that we should be getting.
or like our speakers talked about the 311 calls.
I mean, many people do file their requests, 311 calls,
but we don't get the service we're asking for
due to the emergency or the flooding.
And then the other one, it has to do with the enforcement,
because what I see in certain neighborhoods,
at least where I live at, people are throwing their,
whether they're, people are selling their goods
on the street sidewalk, the oils,
they're throwing them down the drain line.
And the fire department, the marshals,
used to patrol that on a regular basis
to site the food vendors to make sure
they weren't blocking the sidewalks
or doing illegal activities.
And most of all, specifically,
they're on Foothill and Fruitvale,
they're throwing their oils down the sewer lines,
creating difficulty for our staff to come and clean them,
especially during rainy seasons.
So what is it that I'm paying for now annually
to keep my storm drains clean?
And secondly, how do I respond to the 311 calls
that people make but we don't get the service
that we deserve to get to clean those storm drains?
So those are, and I'll be happy to work with you on that,
but those are questions that I get on a regular basis.
What am I paying for today?
And secondly, I call 311 many times,
but I never get the service from the city
to deal with that problem.
So if you could answer that for the public.
Okay, well, this is definitely part of why I'm here today
because the city has no storm drainage fee.
Most of the cities around the Bay Area
do have these fees that help to address
the issues that you mentioned.
And so that's why we're very eager to continue exploring
and pursuing this storm drainage fee.
So what are you paying right now?
We have funding through Measure Q to do some of our work
as well as through, we use some of the sewer funds
as authorized by council.
And so we do our best with a shoestring budget.
I'm happy to speak with you more about some of the details.
What I'm seeing is a tremendous effort by staff
to respond to complaints, to enforce,
to address drainage complaints.
But we definitely do not have enough staff or funding
to address every single thing.
So we do have an unfunded list of issues.
So right now you receive your funding from where?
From the sewer fund, as well as some Measure Q funding
to assist with the work we do.
And your cooperation with the fire department
in terms of making sure that I don't throw my oil cans
or my cooking oil down the drain?
How do I monitor and get that to stop?
So we do respond to illegal discharge complaints
when there are illegal discharge to the storm drain,
and we do enforce the ordinance.
And I've been very successful at that.
So definitely if there's something that's, yeah,
like I look forward to a discussion
about some of the details, but we do take action.
We do investigate and we do enforce,
and we do our approach is to work with folks
to bring them along and help understand
why a certain action is illegal
and not ideal for water quality.
Thank you and I'll check back with you.
Thank you.
Council Member Wong.
Thank you for your work on this.
I must admit I feel like we should have been having
this conversation a few years ago
because we have a super El Nino that's about to hit us
in a couple of months or if not imminently.
And it's my understanding that the forecast
is that this upcoming El Nino is going to be worse,
or it's going to be as bad as the one
that dates back to 1950.
It's worse than the last Super El Nino
that happened in 1997, which had a projected,
or which had a rainfall of around 48 inches,
and that this one is actually most likely
going to be worse than that, or at least as worse as that.
So I want to understand what are we doing
to prepare for this year,
because I wish we had the discussion before
because that's going to be too late.
So what plans are in place in order to prepare the city
for what is about to hit us?
Good morning through the chair, Council Member Wong.
I'm Liam Garland, Public Works Director.
We are doing quite a few things.
First, the city administrator's office,
Public Works Department of Transportation
and our emergency operations teams are coming together
to help prepare for what's coming.
And that's typical for a normal storm season.
And to your point, it is unlikely to be a normal one.
It's gonna be a heavy one.
For the Public Works piece of this,
we've already got contract capacity
to deal with a significant number of trees being felled.
you imagine those big storms, they often result in a tree falling into the right
of way. So we've now got additional contract capacity to deal with that in
a way that in past years has been a bit of a struggle. We also have a plan during
our most intense storms to be able to essentially boost the forces of our
storm drain maintenance crews. We essentially borrow staff from other parts
of the Public Works team to help our storm maintenance crews. We've also got
consultants and engineers on call to be in support where we're dealing with
situations of erosion and other things that are threatening the public
right away. So those are the the actions we're taking to make sure we're prepared.
Okay that's that's good and because of climate change we're going to be
seeing this happening on a regular basis do we have systems in the city where
people are looking at you know projected climate events you know a couple years
in the future that way the necessary infrastructure upgrades are being we
prepare for this year's in advance rather than sort of just being reactive
that is when I think about one of the most important things to do to be ready
for those future events, it's actually to get that storm drain master plan done and
implemented because that is where that analysis is occurring, is looking at those future storms,
assuming more precipitation, more frequency, what's the storm drain system we need to deal
with that?
Does that make sense?
It does.
Okay.
All right.
Thank you.
I'll second the item since I think it was moved.
All right, let's try to keep it to the proposed
Motion she's second, but I have another question. Okay. Go ahead. Yes for for the members of the public
Who do I call if I have a stored drain problem on my block?
on front of my house
Or in front of my apartment, who do I call within city government to respond to take care of?
Besides I mean, is it the 311 we're still stuck on 311 or is there a number or that I need to call?
We request that all
complaints go through oak 311 and then any drainage complaint like you're mentioning if it's
Complaints about safe flooding
Then that would go to Public Works drainage maintenance first to investigate
Is it a clogged pipe, you know, or is there some kind of an engineering issue that needs to be addressed?
Yeah, we and then so if drainage maintenance can address it they do and then if it requires
Engineering review it's sent over to my group
Which is the watershed and stormwater management division and then we investigate those issues
Sometimes yeah, so that's it. Thank you
those are the type of calls we get regularly at our office and we refer
them please report it to 311 so it gets to you directly and some
people do that but they never get our response from government to go fix it.
I see. Thank you. Thank you. So we have a motion and a second, correct? Yes, we have a motion by
council member Gallo, seconded by council member Wong. We do have two speakers for this item.
Okay.
So if you look at the allocation coming from measure Q, only 5% of the measure is used
for water quality and litter reduction.
So that's a very small amount.
64% is for parks and rec, 30% for homelessness.
Based on what was discussed in the last meeting, where we had an audit report on the use of
the vacancy tax, where you only supposed to use 25% for illegal dumping and they use 65%,
we need to create a system to make sure allocations are done correctly.
But this is not a sufficient amount of money.
I don't know where the other source is.
I would assume it comes from a budgetary.
When you make your budget every year,
you allocate a certain amount of money for that.
Now, what I'm concerned about is data centers.
Data centers face significant issues
that water contamination and water waste pollution
can be created due to their extensive cooling
and operational requirements.
You have chemicals like bio,
I don't know how this is biocytic, anti-scaling agents, high concentration of salt and minerals,
metal degradation materials, PSAS form chemicals.
So as you go through this process of looking at your data centers, the issue is water contamination
going into your sewer system or into your system systems of water
totally and this has been
resulted in lawsuits in other parts of the countries where communities are
saying their water is not safe
you need to have some type of uh... recycle water there are systems a data
center where they keep the war i'm sorry missus out of your time is up thank you
so much
thank you
good morning mister
Kevin Dalley, every time I hear this fashion talk
about storm dreams, I believe that she's on the job
and then increasingly worried about how far behind we are.
So absolutely want to see this voted on.
I have a couple of questions that I might understand it,
but I'm not certain.
I think, I assume it's a property owner who votes
and who gets a single ballot, not the resident.
so someone who's an out of town property owner gets to vote
while the people living in the apartment building do not,
that I think that's what is going on,
but I want to verify it.
With most ballot initiatives, if you have majority vote,
it goes into the general fund,
but I hope that this one is guaranteed to go
for the stated purpose of storm drains
And it doesn't go into the general fund,
but I'd like to hear that out loud just in case.
Thank you.
Thank you for your comments.
That was our last speaker for item number three.
And there was a motion by council member Gail,
seconded by council member Wong,
to receive and file this item and committee.
On roll for this item, council member Gail.
Aye.
Council member Houston.
Aye.
on.
And share under item number.
Three is a received and filed in committee with four eyes that
now takes us excuse me item number four the item regarding
the twenty twenty five safe Oakland streets information
report was withdrawn from this agenda via rule twenty eight in
place on the rules and the public works and transportation
committee pending list no date specific.
That now takes us to item number.
Oh my apologies yes, we do have speakers for this item. I have two speakers for item
No, I'm sorry. This is item five. We don't have any speakers for item number four moving on to item number five
Item number five is a resolution awarding a contract to McGuire and Hester for specialized post-storm
Trail restoration services and associated Public Works construction to repair 2023
Storm drain drainage Park and trail infrastructure an amount not to exceed
453 thousand nine hundred and seven dollars and ninety three cents making findings pursuant to the Oakland
municipal code
Sections two point zero four point zero five zero and
sections two point zero four zero five one
Regarding specialized services
Competitive bidding and the request for proposal process in adopting sequel findings. I have two speakers for item number five
All right. Let's hear from staff first, please
Good afternoon chair Unger and committee members. I'm Gordon Matassa
That administrative services manager for the Bureau of Environment and Public Works
We're requesting that you pass resolution
awarding a contract of four hundred fifty three thousand nine hundred and seven dollars and ninety three cents to McGuire and Hester
This is for repair work for trails that were damaged from the 2023 storms in Diamond Canyon
and Joaquin Miller Park.
75% of the funding for this will come from FEMA, 89.75% of the funding will come from
the California Office of Emergency Services, and the remaining 6.25% comes from the city's
sewer fund.
I'm available for any questions.
Okay.
Colleagues, questions?
I do have a motion to approve
this motion.
All right.
Councilmember Houston.
All right, guys, all right.
So this request is specifically
for Joaquin Miller Park to restore their trails.
There are several trails that were damaged in the 2023 storms
in Joaquin Miller Park and in Diamond Canyon.
These are for specific trails that were approved by FEMA
for repair work.
And I support McGuire and Hester
know their work extremely well.
see their trails really needs to be redone. There may have been issues on the trails in
Lake Merritt from the storm, I'm not sure, but this was a specific project.
For Walker Miller? Yes, and Diamond Canyon. From what part of
Walker Miller? From where to where? It includes parts of the Cinderella Trail.
Pardon me one moment. The Orchard Trail, Palos Colorados Trail, and the Bridgeview Trail
and Diamond Canyon thank you I'll make a motion to approve the act okay I'll
second that any other questions oh we will now move to open public speaker for
item number five I have mrs. Sadall Obala and Kevin Dally it looks like
from the documentation that the incidents that impact that these trails
occurred in 2023 and this is 2026 so during the course of what happened in
terms of damage were there any safety issues that could have been the result
of damage to these trails and why would it take three years to have it brought
to the attention of this body. And lastly, I'm trying to get an understanding
of what items related to parks and rec are required to go to the park and rec
Advisory Commission for recommendations back to you. There seems to be no set
standard on how that works. And I was at that meeting last week and I'm a comment
on that in open forum. But you have to have a method or a procedure that's consistent
on what goes to park and advisory board for a recommendation back to council. But not
only are they not doing recommendations, they're making final decisions about parks and rec
including Joaquin Middle's trail. They made a decision one year when I was there about
the use of the trail for competition.
It never came to console, and it was biking,
where it could have some injuries, I don't know.
But we need to have some consistency,
but more than anything, certain issues
have to have a timeline, I said that before.
In three years, it's not acceptable,
just like those trees that were caught down,
supposedly charging the person nine hundred
thousand dollar fee for cutting down trees that took three years to come
before you
thank you for your comments kevin dali
i'm just a quick thank you to fixing the diamond canyon trail
including bridge view
one of my local trails
thanks for that
thank you for your comments that concludes our speakers five and five
and we have a motion by councilmember guy oh seconded by councilmember under
To approve item number five to be forwarded to the June,
excuse me, October 6th city council agenda
on role for this item.
Councilmember Gail.
Aye.
Councilmember Houston.
Aye.
Wong.
Aye.
Chair Unger.
Aye.
Thank you.
Item number five was approved with four ayes
to move to the October 6th city council agenda on consent.
that now takes us to item number six there with me while i read in the title
item number six is a resolution amending and increasing the construction contract
with oliver and dasilva inc dba gallagher and burke inc for the active
transportation program 19 street bar to lake merit urban greenway project
project number one zero zero three two one one by four million one hundred eighty-five thousand four hundred and twenty six dollars and
Sixty-nine cents for the grand total contract amount not to exceed ten million six hundred twenty four thousand five hundred and seventy-five dollars
And forty four cents waiving further advertising and bidding
Selective requirements and adopting appropriate sequel findings. I have several speakers for this item
Okay, let's hear from our staff first, please
Good afternoon. My name is Amit Silvan, Principal Civil Engineer with Department of Transportation.
So this item is to amend and increase the construction contract with Gilligan and Berg
for the 19th Street Bar to Lake Merritt Urban Greenway Project by 4.2 million dollars to a total of 10.6 million.
This project is on 20th Street from Broadway to Harrison Street and on Franklin Street between 20th Street and 22nd Street.
The key improvements include reducing travel lanes from 2 to 1 in each direction, widening
sidewalks, upgrading curb ramps, adding pedestrian median refuges, and installing protected bike
lanes.
Additional enhancements feature pedestrian scale lighting, updated striping and wayfinding
signage, traffic signal upgrades, and improvements to the 19th Street Barge Station drop-off
and accessible loading zones.
Following the issuance of the NTP Notice to Proceed in September 2021, the project
experienced a series of unforeseen field conditions and challenges that significantly affected
the construction schedule and budget.
Major delays resulted from previously unidentified underground utilities that required substantial
design plan modification, ongoing coordination with utility owners and external stakeholders
unforeseen field conditions encountered during construction, accommodations for
major annual public events and weather related constraints. The contract period
of performance was extended from the original end date of June 2023 to
December 2026 almost 3.5 years. So the amendment will be funded by major U for
around two million dollars and transportation impact fee for around 500
I'm available for questions. Thank you.
Thank you. So, you know, this is an enormous change order of the magnitude we don't see
very often. Can you explain why we are having such an enormous change order here?
First of all, the location of this project. This project is located in downtown where
there is a history of construction, which we don't have documented evidence what is
there. Like for example shallow utilities. Normally per our OMC we don't allow any utilities
above 36 inches from the ground but we found utilities that are 7 inches from the ground,
a gas line 12 inches from the ground. And those utilities need to be relocated and we
cannot relocate ourselves. We have to rely on the PG&E or the utility companies to do
do that, which creates delays and we have to redesign our project, sometimes we can
relocate, sometimes we cannot relocate. So, this project was stopped for almost two years
to redesigning, there were so many issues. Now, another issue is basements in our downtown
areas, we have basements under our sidewalks. Those basements, I don't believe they are,
they meet the current codes. They have corroded steel, they are leaking and once we sometimes,
And we don't have enough information about their location and once we touch them, we
have to improve them to the current standards by waterproofing it, by strengthening it as
per the local, as per the courts now.
And then there were railroad ties in 20th Street.
Railroad ties, I mean, we were not able to anticipate that we will find railroad in 20th
Street.
And railroad is a historically, railroad has been, the ties are contaminated with the haz
material. So, that makes hiring a new subcontractor, doing the testing, disposing it to the proper
landfills, it's very costly. And then holidays, moratoriums added to the delay and we have
to also make the some community events happen around that area like for example, Oakland
pride parade and black joy parade that cost aid money too.
And we are, one of the thing I have seen is we are the right of the owners of this city,
but we don't have any control over utility companies that when they can, we are at their
mercy for the schedule when they can relocate.
So it all adds up, all these costs adds up, delays, and we have to compensate the contractor
in a fair manner so that we can proceed with this project.
And when we get a large change order like this, I mean, it's practically a whole new
project.
Are there opportunities for new bids, new subcontractors, or is it just a matter of
staying with the company we have?
This is a very fair question.
In hindsight, if I look at it, I would still not rebid it.
The reason is, first of all, we got $4 million in grant funding.
The moment we rebid it, those grant funding will be in problem.
in problem. I'm not 100% sure but I think and then you will have to pay the contractor
for their mobilization costs and if they have any material in hand or subcontractors like
this project hired 41% of our small local businesses. We would have to pay them their
modulation costs. So I think if I have to rebid it 6 million will be gone away and this
This project will be dead.
Okay.
Thank you.
Councilmember Wong.
Thank you.
I had similar concerns just around the change order what, you know, because many of these
contractors win the bid because they have the lowest and most responsive bid and then
we have the significant change order.
What controls do we have to make sure that a bidder doesn't just submit the lowest bid
then comes to us with a substantial change order where now they've already won the work,
kind of in a bind and now we're expected to pay them more
because of these sort of change order processes.
So through the change order process,
we have a very well-documented change order process.
And we have a team, construction management team,
that is very well-versed in evaluating change orders
and paying change orders.
And I can assure you, I have the most experienced
construction manager working on this project
who is very famous for doing nickel and dimes.
And our project manager was one of the experienced project
managers that we had who designed this project.
So for change orders, that's the bread and butter.
Most of the time, their work is more like change orders
evaluation.
So change orders are not.
They are evaluated.
They are justified.
And then we negotiate with the contractor.
If the contractor says, I want lump sum money,
we have the right to say, I'm not giving you lump sum money.
go time and material.
Whatever you will spend, I will give you that money,
plus some markup on that.
It is well-documented in the project documents.
But based on our experience, we decide to go lump sum
or time and material, thinking which
is beneficial for the city, because time and material is
also a lot of work for the staff and the contractor as well.
So low bid scenario is the contractor
bids on whatever is available on the plans.
It's available everything.
But here, there are all unforeseen conditions,
and staff can justify each and every change orders.
If there are 18 change orders executed
and there are potential change orders,
the change order process has a very stringent approval
process, like smaller change.
First it goes to the RE, then the supervisor,
then the construction manager, then the design manager,
then the assistant director, assistant director to director.
So it goes through so many processes.
So I'm confident that we have evaluated and paid the contractor or we'll pay the contractor
as per the regulations in the specs.
What would be the consequences if we didn't approve it?
Basically the project wouldn't just not be complete.
So if you see if 14th 20th Street is the project is almost complete.
So it looks wonderful right now.
If we don't pay it, the contractor does not have an agreement with us that we will pay
them.
can always sue the city based on that. I see. Okay. All right and then finally just
around that you said that the utilities have us in a bind. It's my understanding
that in some other cities they've passed legislation. Have you looked at what has
been done in other cities to force cooperation and prevent these delays? No,
I have not seen but all I can say is all of our projects are victims of external
utility honors, UPRR, PG&E, East BayAN.
I mean, we are at their mercy when they are available
to do their relocation and we have to wait for them.
We just keep on falling up.
Okay, all right, thank you.
Council Member Houston, please.
There's a few, through the chairs,
a few things I'd like to just find out
and get some clarification.
You had mentioned something and I'll say them one by one.
You said sue the city.
If there's a change order, let me pull back.
Is this time and material on this change order,
and why wouldn't we have done like a design build
where it's easier and you save more money
with design build?
And then we'll go to that lawsuit.
So is this T&M?
Through the chair, I'm not very clear about the question.
Is it, are you saying that?
So, so, so, so when it's a change order in certain contracts, you have is called time
and materials.
You understand that one, right?
Okay.
So, on these change orders, is it time and material?
Was that in their contract to be time and material?
So, through the chair, the specifications, the specifications say that when there is
a potential change order claim from the contractor, the resident engineer and the contractor, they
negotiate the change order. If there is no agreement then we go time and material. The
problem with time and material is everything then is on the city. If their equipment is
broken then it's also time and material. If there is any hidden things came up then
also it's on the city. So the resident engineer they evaluate, is it good for the city to
go for lump sum or is it good for the city to go time and material. And we have a memo
with each change order, deciding, providing how we came up with that decision, and what
should be, what are the implications.
So and through the chair again, this is an awful lot of money. So is it somewhere in
a contract where we would have another contractor, local contractor, like council member Gayo
said, Maguire Hester to come and look at it. Roger Wick will look at it. Some other company
to look at it and see if this is, you know, if you go to the hospital or you get three
estimates, even if you build your porch or deck.
So is it somewhere in there where we do this?
Because I'm just concerned about that,
because that's like the president said or the chair said.
That's an awful lot of money.
And answer that question, then I want to know
why would we have done design build?
So to answer your question regarding the other courts,
first of all, we cannot get other courts
during the construction of the project.
But our R.E.s, when the contractor provides us a court,
We compare it to our recent bids, what are the bidding,
and we compare it according to that,
and we negotiate according to that.
If we are not satisfied with their justification,
then we go time and material.
Okay, so I'm asking a question.
Why couldn't we have another contractor come in and say,
hey, what would this cost for you to do this scope of work?
That's a very, I don't know, it's very difficult to...
It's not that difficult, it's not that difficult.
You just got another contractor to come in,
because you already know the scope of work.
After they come up with a price,
after they come up with a price,
they're giving you a line item of everything that's there,
that's how they're charging, correct?
So why couldn't you ask another contractor
to analyze that to say, okay, what is this?
What is this?
So we can get the best bid for it,
because what we're basically doing in my opinion,
it's just my opinion,
is that we're just going with the contractor
that was already in place.
That, and I'm gonna say this from my experience,
people do underbead because they already know
the unforeseen things and then they just gouge.
I've seen it over and over and over
and Oakland can't afford that.
Is through the chair,
then the basis of the negotiations is current market price
and how we know that is through the bids we receive
for other projects.
we can always compare how much is a carbon gutter,
how much is the storm drain
the other contractors are charging.
So that's our market rate,
that's our basis of negotiation.
So if we don't go there, then we go time and material.
So, and I don't think it's in our regulations
to call other contractors for providing it.
My last question, is this federal funded too?
This is a federally funded project,
so we received almost $4 million in the federal funds.
Okay, so through the chair.
So this means that we can't ask them,
because you just said they do 41% local participation
and we can't demand local participation
on federal contracts, is that correct?
That is correct, but however,
our Department of Workplace and Employment Standards,
they do informal calculations also,
how much our local businesses are getting work.
it will not be required to give to the person who is giving more work to the local contractor,
but we do it, we evaluate it how much it's the small local are getting.
For this, 41% in the original bidder, they are getting through the small local businesses.
Okay, last question, done.
The small local contractors that they are using on this, can we ask them to use other
small local contractors local contractors on this new amount of money so everyone can eat and get the experience
It depends if the the type of work is new like for example for railroad ties has written material
If there is no subcontractor on board for this project then the prime contractor can hire a subcontractor from outside of their
List, but they cannot do they cannot they cannot
remove or replace any subcontractor once the bid is open.
Okay, that wasn't my question, but it's okay.
I'll let that go.
Thank you, Chair.
Council Member Gayle.
Yes, yeah, thank you, and thank you for that information.
The question is, well, I'm glad
the other administration is here, but Lake Merritt,
making reference to Lake Merritt,
I've heard it several times today,
But Lake Merit used to be the jewel of Oakland.
Growing up here in Oakland, it was the jewel.
The cleanest, safest, most attractive place
to go and take your family.
We have the Children's Center.
And secondly, but it's challenged at this point.
I mean, you go there, walk it daily.
I mean, not only the walkways,
what you see on the homeless have taken over
certain next sections and what happens at nighttime now. I mean you just had
another activity there on West Grant two days ago. But anyway so for me it's for
the staff members what it'd be really important is to try to bring that Lake
Merritt back like it used to be the cleanest safest place to take your
children and families Monday through Sunday because now we have built the
Henry J. Kaiser building. They go together they're across the street and
we used to, as families, do both at the same time.
The museum has improved this presentation to families.
But the other one that's happening now most recently,
the Scottish Rite Temple got sold to an artist's community.
So Scottish Rite Temple will no longer be like it used to be.
Now it's gonna be an artistic presentation.
I think that's outside the scope of this item.
I think that might be outside the scope of this item.
Yeah, but anyway, so I think if, you know,
My recommendation to the staff since we're here talking about Lake Merritt that we, you
know, put that back on the calendar and bring it back to life like it used to be to serve
our children and families.
But thank you for that information.
Thank you.
Councilmember Wong.
Thank you through the chair.
I just wanted to follow up on one of my colleagues, Councilmember Houston's questions around design
build.
I think that's actually a really interesting question because there are some studies that
show that design build is better with cost controls compared to design bid
build. So are we experimenting or are we testing out, you know, how does like our
city and City of Oakland, what it would look like to do a design build model for
project delivery? I'm not aware of any project that we are doing design build.
So we do design, bid and build. One of the reasons is we are relying on
on grant funding for construction.
So sometimes we get money for design,
but we don't get money for construction.
So we design our projects, then we go to the agencies,
grant agencies that look, we have a project here,
we want to build it, they give us money for construction.
So that might be one of the reasons
and it's a well point that can be investigated.
But I think the money issue can be there.
Yeah, I mean that makes sense.
Sometimes we get grants that are just for planning
Versus construction, but I think it is something
because
There's at least in some other cities the design bill to be shown a better track record of quicker project delivery
It's always with the inflation that we're dealing with construct, you know construction cost materials all of that
It's driving up the cost and I think it's something that we should look at so would encourage you to do that. Thank you
Councilmember Houston
I'm done after this chair and you might be able to help me explain. It's a little bit clearer
but
design bill
Is better you save money with design bill?
I'm just sharing that with you. So we need to start doing business a little bit different in Oakland
So let's just try out like councilmember Wong Wong said
You have they have local individuals at 41%
Correct. Okay. Is it any way because we're raising this millions of dollars, right?
Is it any way to include new small local businesses that can?
Benefit from this raise of money instead of using the same ones. That's my question
Is that possible to include I know we can't direct because of federal funds, but can we suggest?
that they use other ones outside
because the money is almost like another project, right?
So that means other people should be eaten from this also.
So I don't know if I'm clear about that,
but I'm trying to be clear.
At the project level, it might not be possible for this,
but at the policy level,
I think we can go in that direction.
Okay, speakers.
Thank you, I have,
if you signed up to speak for item number six,
And I call your name please approach the podium in any order if you're participating online, please raise your hands
So I can easily identify you again state your name before you begin. I have missus out of olibala Kevin dally
Samuel Adams
Stanley Cooper and Kathy Adams in any order
oven dally
First just to state the obvious. This is an important project
protected by claims
Able to drop off pedestrians at the 19th Street Park station without blocking either the buses or the bike lanes and with
Automated enforcement of bus lane blocking. It's good to have a legal place to drop things off
But as the all the council members have said, how can we avoid future change orders of this size?
I'm a little bit confused on
How the position of the gas line ended up becoming an issue
I thought we always knew positions of gas lines. There's that number you call and they'll mark the gas lines for you
How did it get missed and what can we do in the future to avoid it?
And will it will we be saved when the city of Oakland is fully electrified and removes all the gas lines? Thanks
Thank you. Next speaker
Good afternoon, Chair and members of the committee.
I'm Kathy Adams, president and CEO of the Oakland African American Chamber of Commerce.
I'm speaking on item six.
I said the city has been asked to approve the additional 4.18 million, bringing the
contract to more than 10.6 million while also waiving further advertising competitive bidding
requirements.
I understand that the projects sometimes require amendments, but when we are talking about
more than four million in additional dollars we need transparency and
accountability regarding who gets an opportunity to participate. So I have a
few questions that I would like to have answered for the record. First, what
actual local participation occurred on the original contract? I don't just want
to know what percentages were proposed when the contract was awarded which
Oakland local small local black owned and disadvantaged businesses actually
received work and how many dollars were ultimately paid to those businesses.
Second, what portion of this additional four plus million will be
subcontracted and most importantly will qualify Oakland businesses,
be given an opportunity to compete for that word,
even though the city is waving a broader competitive bidding process.
We have spent months discussing the Oakland disparity study and barriers
facing black and minority-owned businesses.
We cannot acknowledge those disparities in one meeting
and then approve millions of dollars
in additional contracting authority
without asking who's benefiting from those dollars.
I'm asking this committee to require staff
to report the actual local participation
on the original contract
and identify subcontracting opportunities
within the additional millions.
And if there are subcontracting opportunities,
businesses should know about them and have a fair opportunity to compete for them. A
waiver of competitive bidding should never become a waiver of local economic opportunity
at least. Thank you for your comments. Next speaker please. Yes hi good morning committee.
My name is Stanley Cooper. Cooper construction engineering out of here in Oakland and I will
what I like to say as President of the Oakland African American Chamber of Commerce, we've
been meeting with the City of Oakland for the past nine months over and over again about
the inequities and all of this unfairness and frankly we were getting tired.
I'm looking at you to ask if you even care.
I spent countless days.
I'm here today, and I'm emotional about it because I'm so exhausted.
And I'm just saying that it's over and over again.
And we come up here day after day.
We've been meeting with our city administrator, talking about waivers.
I appreciate Councilmember Zach Unger to talk about, you know, policy in January.
What are we going to do about these businesses that are right here, right now?
And we have countless meetings, meeting with the city department heads, and we still end
up in the same way.
And we continue this fight, and we get nothing.
My phone rings every day, every time a waiver.
This was...
Thank you so much for your comments.
Your additional time seated is up.
Next speaker.
You're not going to get anything related to foundational black Americans.
We'll keep trying because I'm here only for that reason.
I don't come here for no other reason except to talk about what's happening with us.
So this is very confusing.
Your funding source in the documentation says that $2 million is coming from Measure U.
Your presenter just said this is federal money.
The documentation says, measure you.
Then you have in the documentation,
you need to find money to be determined.
2.5 million dollars.
Very confusing.
Proposed additional contract is in the language.
What are you talking about?
This is a contract that ends 12-31-26.
Now you're getting four million dollars
for a couple of months of work,
then you have confusing language
about what held the project up.
Weather delays don't mean you're gonna have
to spend more money.
Issues with the utilities,
I mean, you should have to spend more money.
It's just when you get everything fixed,
you spend the money.
So I'm really concerned about twisted information
and whether or not we really have
to spend this large amount of money.
Project costs expected to increase
by approximately 65% above the base contract.
That's language in this presentation.
What does that mean?
I'm gonna say that again.
Project costs expected increased
by approximately 65% above the base contract.
So y'all go ahead and rubber stamp this bad boy.
But this is not clear.
My time's up.
Thank you.
You can interrupt me anytime you want.
Thank you so much, Ms. Asada.
Your time has ended.
Our last speaker is Samuel Adams.
Are you in the room to speak?
Samuel Adams?
No.
I do not see a Samuel Adams online.
So if he is not, then all speakers
have been called for item number six.
I don't have a move or a second.
Or there's still discussion.
I will make the motion.
Do we have more discussion?
Councilmember Houston.
I'll second that with the comment.
I felt your passion, Kathy Adams, when you came up here.
Somehow I'm trying to balance out my passion with,
because when I say something and people take it as anger,
but it's not as passion.
And I'ma share this with you.
And I say it all the time.
My mom is black and my father's Latino.
Never met my father, all I know is black.
My black side of my family has been
just underserved for years.
I'm third generation Oaklander.
When I drive around in these streets
and see this work happening,
I don't see the black side of my family out there
doing the work, the skill sets that they should be.
And when I say this, it doesn't matter if you're black, white,
Asian, Italian, doesn't matter.
I want to be able to help Oaklanders, Oaklanders.
And I've been in office for a year and six months.
And when I came up here, that's all I've been fighting for
is my town.
That's all I've been fighting for.
And I fought so hard one time.
And somebody said I was trying to bid rig
because I said, I don't agree with this going
to an outside business.
And I'm going to continue to fight,
and I'm going to continue to fight,
and I've learned how to harness my passion
so it doesn't seem like it's anger.
But I'm going to say this.
It's many people out there that are very, very angry.
And I don't want that to spill over into something else,
because the pressure is really there.
So I'm just asking and I'm gonna do it in a passionate way,
in a political correct way,
is all the people that are in power,
my colleagues, you, city administrator,
I'm just asking, let's work together
and let's get our Oakland businesses to work
Because they can do the work.
And I second that.
Councilmember Wong.
I think Kathy made a request that I would like to honor it,
which is, it seemed pretty simple,
which is just to be able to have some transparency
on the subcontractors that are included in this.
I don't see it in the report,
and I think that's something we should honor as a body,
and I need to see that too.
Yes, Mr. Chairman.
that through the chair on I just wanna acknowledge
the sentiment that we hear today regarding transparency
fairness and bidding
and
lift up the fact that we are putting in work
from the city administration's office
to address these issues
one of the areas that we're looking at is
how do we come to this point of a waiver request
Have we done the work to make sure
that we can forecast these changes in advance
before we get to committee or another body
where we're having to force ourselves to make a decision?
And so we wanna be predictive.
We want to make sure that we take every effort possible
to match our local small business,
very, very small businesses to primes
in a fair and equitable way.
We want to look at how contracts are structured
to make sure that when there is an amendment
or when there is a change order
that we have exhausted all options
to ensure equity at the local small business program.
So I also oversee DWES
and so that work is urgent for us
and I want to make sure that folks understand that.
It's ongoing.
We are meeting with the Oakland Business Coalition, which includes Kathy Adams, to address these
issues head on so that we don't feel rushed in these decisions.
We want to make sure we clearly define the criteria for waiver, which includes understanding
the definition of an emergency, understanding the risks that you've outlined in terms of
moving quickly or slowly and doing that in a way that is something that the public can
weigh in on in terms of that policy and that the public is clearly informed before these
actions take forth.
So we are doing that work for today.
We do understand that our staff has identified the risks of delay prior to this transparent
process being implemented but it is where it's at and I just want to ask one
question clarifying question we did talk about the cost would kill the project
could you just for the record identify one more time what that exactly means
like when we say that the cost would kill the project if in fact we thought
about going out to bid, publicizing this, or even changing the LSBE subcontractor mix,
how would, could you just articulate how those costs just for this body would, in fact, impact
the project one more time?
Through the chair, so this is a federally funded project.
Even $1 of federal funds makes the project federally funded.
So here we have, I think, $3.3 million for federal funds,
and then Bart Tiger Grant.
So that becomes a federal funded project.
Then we cannot entertain any local or small local business
requirements.
The DBE-disadvantaged business requirements
apply to that project.
And through Caltrans, we have determined 11%
for DBE requirement for this project.
As far as I was concerning the killing of the project,
what I was referring to was if we have to re-bid the project,
the federal grants are very clear
that you have to award the project
within six months of the allocation.
And we were already a year,
because when the project is bid
and when the construction starts,
there's almost a year difference.
So if I understood the question is,
if I know during construction
that this is all the problem I'm encountering.
First of all, I'm not encountering the problem altogether.
We encounter problems slowly and slowly during construction.
So we did not know all the magnitude of the problems
that we will be facing.
And the federal requirements,
they have very stringent requirements
that we have to avoid the project,
and if we cannot avoid the project,
then the money goes back to federal agencies.
That's my experience with the agencies.
Sorry. Thank you. What is the federal funding? I can't find it.
So it's a... Okay. So this is a amendment resolution. So we have a award resolution
where that was in 2020, February 2021, where the... If you click on the link in the agenda report,
the first paragraph, you will get that document where it says that 3.3 million is from
and around 774,000 from Bart Tiger Grant.
We need to move on.
We've done three items in 90 minutes,
and we have five items for the remaining 30 minutes.
All right.
With that, we do have a motion on the floor.
We have a motion by Councilmember Unger,
seconded by Councilmember Houston,
to approve item 6 to be forwarded to the June 6.
Excuse me, why do I keep saying June?
Maybe I want to go back to summer.
October 6th City Council agenda on roll councilmember guile
Unger I mean long I
Item number six is approved with four eyes to be afforded to the October 6
on consent and as
Yeah as a parliamentary note when the item is
Unanimous the council rule say that it should be on consent and however it is chairs discretion and it can also be readdressed as rules
Do you want to ask it rules to have it pulled to non consent or do you want to pull it to non consent now?
Do we need to call the rule again for to go on on consent?
Or we're going to we can vote just in case sure. Let's just read it
Again a motion by councilmember Unger seconded by councilmember Houston to approve item 6 to be forwarded to the October 6th City Council agenda
on non consent on roll councilmember Gayle Houston Wong I and chair under
item number six is going to October 6th on non consent again as stated by
councilmember Unger noting we have five items and 30 minutes left I will move
on to item number seven item number seven is a resolution modifying
residential permit parking areas by adding the east side of Webster Street
Between 41st Street and 42nd Street to residential permit parking area in removing both sides of a lean street
Between Shattuck and venue in Dover Street from resident residential permit parking area P
removing both sides of the raw street, but between Shabow Road and
Harwood a venue from residential permit parking area C and directing the city administrator or designee to implement modifications
I have two speakers for this item. Thank you
I just want to note that all of these locations are in district one and they have all been approved by petition locally
So, thank you
Go ahead. We can probably move through this pretty quickly if you able. Thank you
Great. Good afternoon council members Kirby Olson from the Oakland Department of transportation
I am your supervising transportation planner and the mobility management team and my team is responsible for parking policy for the city
I do have a brief
slide deck today
So just a brief background on what residential parking permits are these are parking restrictions that help to alleviate parking congestion
In residential areas caused by non-residents so you can think of bark stations or major employers
We install signs that limit parking to two hours for unpermitted vehicles
from the hours of 8 a.m. To 6 p.m. Monday through Friday and only residents may obtain an annual permit through the parking and mobility
Assistance Center which is tied to their license plate
The item before you today concerns three changes to the residential parking permit map and in order to
For these to be considered the residents themselves have to submit a petition with over 50% of the residents on each block
To be added or subtracted and for new areas we do some follow-up
Study and we determine there must be over 75% of the parking on that street occupied
over 80% of the parcels must be residential and a meeting must be held and you'll see a photo on the right advertising the
Meeting that was held and for removing areas from RPP the signs must have been up for two years
So here's the map of the residential parking permit areas in Oakland. You'll see most of them are downtown
North Oakland and West Oakland and then the changes before you today as noted
One addition and two subtractions
Here is the addition. This is Webster Street between 41st Street and 42nd Street. It's already surrounded by an RPP zone
This is one of the subtractions. This is Ross Street between Chabot and Harwood also surrounded by an existing
Area C and then this is Eileen Street between Shattuck and Dover
And so staff confirmed all of the requirements of the municipal code for these changes and we do recommend that
You approve the changes and we will implement them in the maps
Great. Thank you here. Thank you for your work. I will make this motion
Any comments? All right. Let's hear from our speakers, please. I
Have miss Asada Ola Bala and Kevin Dowley for item number seven
Looks like a good plan. It's good to be reminded of what the policies are and how we can make sure that there is some
available parking for residents
Interesting idea probably not going to happen in Oakland
But in Japan if you want to buy a car you have to prove that you have a place to park the car
Could we could we do that here probably not but you know at some point maybe we should or at least we don't have to
to make it easy to park for free forever, thanks.
Thank you for your comments, next speaker.
So how did y'all decide for residents to park
in front of their house comfortably
without having a challenge with that?
That you gotta pay $84 a year for do that.
Then if you have a visitor for one day it's $5,
for 14 days is $27.
I mean, y'all need money,
but how do you come up with this stuff?
And what's the enforcement?
If you get a one-day visitor's permit,
you gotta go down to City Hall to get the one-day permanent
and they give you a tag to put inside your window shield.
Well, how does this work?
But, and I could see maybe recharging visitors
and maybe charging by days,
but the people that live there trying to have a space
to park, you gotta pay $84 a year to make sure
that you can conveniently park in front of your own home.
Those are all the speakers for item number seven.
And, is that one person?
Yeah, and we have a motion by council member Unger,
seconded by council member Houston,
to approve this item to be forwarded
to the October 6th City Council agenda.
On roll, council member Gail.
Aye.
Houston.
Thank you.
Wong?
Aye.
And Chair Unger?
Aye.
Thank you.
Item number seven is approved to be forwarded to the October 6 City Council Agenda on consent.
With that I will now move to item number eight.
Adopt a resolution granting a conditional and revocable major encroachment permit EMJ25053
to Edward K. Hammett and Roshan Hester Hammett
and trustee of the Kalan and Roshan Hammett 2001 Trust
to allow portions of the five outward swinging doors
in associated planters serving as pedestrian barriers
to encroach into the public right away
adjacent to 10 2145th Avenue and adopting CEQA findings.
I have
Three speakers for this item great. Let's hear our staff report, please
Terrific. Good afternoon. Reginald Basile division manager for right-of-way management at Oak dot
The Department of Transportation is asking for council support for a major encroachment permit
That would legitimize certain existing elements in the public right-of-way
those elements consist of five outward swinging doors and
is that we have a program that
is for all of us and ten
decorative planters that are
protecting those outward swing
doors.
The extent of the encroachment
on the right of way is three
feet and we're pleased to report
that after the encroachment
will be left with nine and a
half feet of clear sidewalk
open for use by members of the
public and happy to answer your
Alright Council member Houston yes, I'm through the chair is this facility marijuana facility
Yes, it is a growing facility. So growing facility
The facilities throughout Oakland, this is throughout Oakland
This is not just pinpointed on this facility have not been
Following their agreements and I can name many of them in my district have not been following their agreements about the 50 yard
to take a look at it.
I just looked at this location and I just had one of my MCSCs
go out there, trash, graffiti vandalism,
and a lot of them don't.
And I wanted to know, through the chair, I need Trinity.
Can you come up real quick?
Because I needed her to read something out of this agreement
that all the marijuana facilities need to abide by,
and they have not been abided by, especially in my district.
through the chair, so we can speak to this
because I don't want to approve nothing else
from these facilities if they're looking like,
they don't bring value to my community.
So Trinity, can you read that from the OMC chapter five
at section, I think it's 8170,
can you read that for me please?
Through the chair, Trinity Hall
from the Office of Ken Houston,
Son of Oakland District, I've been council member.
one to be reading Oakland Municipal Code title 5 chapter 81 section 70
operating and performance standards. Jumping to section B in the municipal
code the final standard shall be included in the city administrator's
regulations. Three, permitted facilities must implement a community
beautification plan to reduce illegal dumping, littering, graffiti, and blight and
promote beautification of the adjacent community within 50 feet of the
cannabis facility. See non compliance of such operating standards shall constitute
a breach of the permit issue here under and may render such permit suspended or
revoked based on the city administrators determination. Thank You
Trinity so that last one on C is very very important so I'm gonna hold the
city administrator accountable for all I don't care if it's a district one all
the way to seven that they have to follow these things so I'm not gonna
agree on this until we start actually holding the other ones accountable in
in our districts because they're not abiding to it says it right here you can
drive by everyone in my district in that 50-foot setback for the facility with it
with trash graffiti vandalism illegal dumping is not being implemented so and
I just looked at this my MCSE just went out there now sent me photos I mean it's
It's the same condition as my in my district, so just like to share that.
Councilmember guy.
Yes.
Yeah.
Thank you.
Thank you.
This item is this site is in my district and we'll make a motion to approve staffs recommendation.
Thank you.
I'll second it.
Councilmember Houston are you still in the queue?
Okay.
As I call your name, please approach the podium in order and please state your name before
you begin.
In Dally, Mississauga Ola Bala and Edward Hemet.
In any order?
Is there a documentation that says anything
that's gonna be done related to this
does not create a safety issue for pedestrians?
Also, the language by the presenter says
produced by members of public.
What are you talking about?
It's produced by the members of the public.
And who has allowed the permission
or permitting of the public to do something
that I would assume would have been
the responsibility of public works.
And if it's not the responsibility of public works,
whatever produced by the public means,
is there clarity on that?
Related to the last item,
the request was made, the last item,
for the neighbors to get this permitting process
in September of 2022.
And this is 2026.
So the people who lived in that neighborhood
have been trying since September of 2022
to get these permits.
And they're saying because of staffing,
that's the same thing they said about them trees
that they cut down.
It took them three years to deal with the problem
of holding that person accountable supposedly.
Why does it take so long to get things done?
And it's always a staffing issue.
Thank you for your comments, Ms. Olibala.
If I called your name for,
it looks like Kevin Dalley is waving his speaking time.
I do have an Edward Hemet, if you're in the room
or I don't see anyone with their hand raised in Zoom.
So those, are you, please approach the podium
and you may speak.
Good afternoon, my name is Ed Hemet.
I want to thank everybody for taking time
and taking care of this issue.
We've been very diligent on the issue of graffiti
and any dumping.
So if you've been driving by, the place is clean.
On the half of the building is cannabis.
The other half is the two different company
that they're operating.
One is the repair shop and the other one
is a commercial kitchen that they produce doughs for pizza.
Any questions?
No that concludes our speakers for this item number eight, and we do have a motion, so we have a motion
Thank you so much for your comments
Yes, we have a motion by Councilmember Gayle seconded by Councilmember Unger to approve item 8 to be forwarded to the October 6
City Council agenda on roll. I'm sorry we have councilmember Houston would like to speak I
I just want to through the chair want to be clear. This is not identifying this Pacific. My vote is not identifying for this Pacific
Business owner. It's not my stance is across the board on all these other facilities that are not abiding by it and need
To buy by what they sign and they agree upon so I just want to make that clear. This has nothing to do with this
individual's business on my vote and
for this item councilmember guile aye councilmember Houston no
Wong aye chair younger aye item number eight is approved with three eyes and
one no councilmember Houston this item is going to the October 6 City Council
agenda on non-consent that now takes us to item number nine adopted resolution
Awarding a construction contract to a Grendel Grendel ink DBA raise electric ink for the highway safety improvement project
Cycloten 98th Avenue crossing
improvement project the lowest responsible and responsive bidder in accordance with the project plan specifications and the contractors bid in the amount of
2 million one hundred eighty four thousand five hundred and sixty six dollars and fifty eight cents in adopting sequel findings
I have two speakers for this item. Thank you
Okay, let's hear good afternoon. My name is Amit Silvan principal civil engineer with Department of Transportation
So this item is to award a construction contract to raise electric for 2.2 million dollars to implement pedestrian traffic safety improvements on
98th Avenue between peer main street and bridge Street in Consulate District number 7
safety improvements include installation of new rectangular rapid flashing beacons signal arm master arms
crosswalk announcement including advance
stop lines and street lights.
Raise electric bid is credited with 91.6%
to local and small local businesses.
State Grant, its grant is contributing 1.4 million
and local measure you 750,000 to fund this contract.
Thank you.
Okay, council members questions?
All right, council member Houston.
Okay, we have a motion and a second.
Let's hear from our public speakers please.
I call your name, please approach the podium and state your name for the record missus out of ola, bala and kevin dally
Item number nine. I'm just gonna take this time since this item does cover highway safety
This Thursday. I think it is the Alameda County
Board
Commission on transportation is having a discussion to weigh in on the use of 580 for big rigs
I
I hope that any council member that has opportunity
will make it clear that we do not want big rigs
traveling on 580.
The main reason for making this recommendation
is because people are being impacted by air quality.
Residential, we have nothing but residential homes on 580.
So we need the support of council
to make sure that 580 remains
the way it is used currently without large truck rigs having access to five eighty within
our city limits thank you for your comments next speaker kevin dally is waving his time
so that concludes our public commenters for item number nine and there was a motion by
councilmember guile seconded by councilmember houston to prove i'd of mine to be going to
to the october sixth city council agenda
on role council member guy o
used in why
in chair hanger
item number nine is approved to be forwarded to the october sixth city
council agenda
on consent
that now takes us to item ten
a resolution authorizing
uh... the city administrator to award a construction contract
for a project martin luther king junior way complete streets
Reservicing project to McGuire and Hester the lowest responsive and responsible bidder in accordance with the construction
Contractors bid and project plans and specifications for an amount not to exceed
7 million three hundred six thousand seven hundred and ninety eight dollars and thirteen cents in adopting CEQA findings
I have to speak three speakers excuse me for this item. Thank you
All right. Let's hear our staff report first, please
Good afternoon chair under and members of the committee. My name is Mustafa Humran
I'm the new supervising civil engineer for the design and payment management section in the Department of Transportation
My team implements the city pavement management plan also known as the five-year paving plan
The item before you would award the construction contract to McGuire and Hester the lowest responsible and responsible bidder
for the MLK complete street resurfacing project
McGuire and Hester exceeded the local small local business requirements for the project
McGuire & Hester has two small local subcontractors for this project on the level concrete and S&S tracking and
As a prime McGuire & Hester has established a mentor prodigy agreement on the level concrete
This project implements the pavement prioritization of the five-year pavement plan
It also implements the city bike plan recommendation for MLK between 47th Street and Berkeley border
MLK is a high injury corridor and this contract will deliver pedestrian safety improvements alongside the pavement treatment
That's all I have for you.
Thank you very much.
I'm available for questions along with Charlie reams providing transparency planner.
All right.
Council members.
Okay.
Is that a motion?
Okay.
Motion from councilmember Houston.
Do we have a second?
Gaia?
Okay.
Let's hear from our public speakers, please.
Thank you for that.
I have Ms. Asada Olabala, Kevin Dally, and Kathy Adams in any order for item number 10?
I'm sorry.
I can hear you.
not for item ten I had them on a previous item but not item ten I'm gonna
give my time to Stanley Cooper I don't have Stanley Cooper signed up for this
item so you can't see time to him if he's not here he didn't sign up for this
item so he would have to happen can I can I allow this yeah let's hear from
mr. Cooper thank you all right thank you thank you everybody okay yes my name is
I'm a local contractor I'm a civil engineering firm out of Oakland and so the reason why I'm here today is simply because I would like first my first ask to have this pushed over.
I'm going to go ahead and I'm
I'm one of the companies that's being utilized as a pilot program. But one of the problems with the mentor protege is that within ordinance 13825, it does not email everyone, so you all have my email. Under that ordinance, it does not specifically point out that a mentor protege of a non Oakland based company can be mentored.
the county. And the county is.
you know you need to make sure
that the contract did you know
get a percentage so the protege
does allow that.
But at the end of the day we need to know we need to make sure
that.
That is not that that the protege is either a Oakland
based company because prior to.
The ordinance one three eight to five.
It it was that was the case.
In the new ordinance in the first paragraph.
with the new companies that has a substantial presence,
they are utilized only in making the goals,
the 25% goal, right?
It does, there's no language saying mentor protege
that these companies can be protege.
And so I just, I say to you, city council,
push this over, allow time, to allow us more time
to give you, in front of you, to present in front of you
it comes to the mentor protege.
The right language, because there is no
language in the first paragraph.
It speaks on nothing, just certification.
So that's what I'm asking.
That's what we're asking for today.
Is that that protege that this
decision just be pushed over.
Thank you for your comments.
Kevin Dali.
I appreciate the efforts of getting
more local businesses involved.
this project is on the high injury network.
I'd prefer that it be approved immediately
if the committee wants more information.
Let's make it at most a one meeting delay,
specify exactly what you want
and then get it back to council
so we can pass this project
and reduce the deaths and injuries along this corridor.
Thanks.
Just just very quickly to the city administration
Did you verify the was the SPLE verified the substantial presence of
local
Local hire and mentor protege. Yes, and through the chair
Thank you for the question regarding and the certification is for on the level
And staff research the substantial presence requirement under the city's local and small
business program
To confirm that this business meets the standard for certification
And so based on that review staff found the following first on the level has been an Oakland based business since June of 2024
The standard is one year
They've been operating since June of 2024 is documented in their leasing agreements second is a part of our review
staff conducted a site visit at the businesses Oakland location and we were able to verify that location and then third the business's
federal tax filings and other required documentation
Lists the Oakland address and so after reviewing this criteria
Along with other requirements of the LSLB program. We certified on the level as a small local business enterprise
On August the 7th and that is the criteria for
For this program and so as with all certified programs the business is subject to periodic review and its certification will be up
In August of 27, but I will say that the gentleman mr. Cooper's issue
I think if I'm hearing you correctly just for the group is that
It's not so much that we didn't certify this program properly or this organization. It's that the
Ordinance as it's written
Does not explicitly state whether or not the mentor protege program
is solely for
Home-based businesses in Oakland meaning they're actually home-based or they have significant presence currently
There's an ambiguity there. The ordinance is clear that
Substantial based businesses qualify, but the mentor protege program
Needs clarity moving forward
Thank you councilmember Houston. Yeah, I'm a little need a little more direction and understanding
So this small local business has been in Oakland since
2024 correct. Yes, sir. Okay
Where is their home base? So it's our understanding that
They're in San Francisco, right that they're that's one office
So when we we try to when we go through the inspection
and the certification process we look at various different data points
to determine if they have substantial presence, right?
And substantial presence is how many employees as a percent
of your total employees are in Oakland, right?
That's one thing.
So are you in Boston and 100 employees and two in Oakland?
We'll look at that.
We'll also look at your invoices.
Are you invoicing businesses that are based in Oakland, right?
And so we looked at invoices to see if you actually have customers in Oakland.
That's for the qualification of substantial presence.
If you're saying based on the local or the old ordinance
which is headquarters in Oakland, that's a different standard.
The standard for this ordinance which was revised
and amended is that it's substantial presence.
And so we looked at the substantial presence criteria
and we said yes it has.
Got it. Through the chair, I can understand primes.
I really can. I can understand primes that have, are in Chicago, and then bring local
businesses here because they're primes right there across the states. But when it comes
to a local business, a small local business, it doesn't make sense to start building small
local businesses outside of Oakland when we need to do it inside of Oakland. That makes
no sense to me at all. Understand primes. You can have a business at every state and
and get your business here, a satellite office here.
But when it comes to a small local business,
I don't know how this got passed and when it got,
when did this get passed, through the chair,
when did that, this?
The ordinance I think was January of 25.
That was, so what we're talking about
is the ordinance amendment to allow for business,
for the qualifications of a,
or the certification to include substantial presence, right?
That's what you're talking about.
What this is is a mentor protege, which is slightly different,
which is just, let's define a mentor protege, right?
And so this is a mentor protege.
The mentor protege basically says, is it certified or not,
which goes to the ordinance.
So the ordinance, we follow the ordinance
and we say the ordinance says substantial presence.
Yes, it has it.
So you're talking about the presence of the actual ordinance,
which was a January 25 ordinance.
January, yeah, that's totally unfair
to small local businesses here, straight up.
I mean, we should be building our own,
not having a small company come from another city
and getting their foundation here
while we have ours here right now that need to be,
we need to build them.
So we build another city,
small local businesses instead of ours.
I'm not good with that.
Okay, Council Member Wong.
What is what is the threshold for substantial presence like you gave it an example of like you would have
100 employees only two or in Oakland. I assume that does not qualify. What's the threshold and what?
How many employees or what percentage of employees on on the level are actually in Oakland?
and through the chair council along on
So the threshold is one year. We don't we don't have specific threshold for every
Item that we investigate that the primary threshold is how long have you been doing business in the city of Oakland?
And that's one year how long have you had your office right and then we want to see is that a satellite office and then
So there's not thresholds. It's our evaluation and we evaluate on our discretion based on the criteria looked at what is your invoicing?
You know we do a site visit
We look at your tax returns. We look at the percentage of employees. There's not thresholds for that
That's just criteria to determine in addition to how long you've been doing business here that threshold is one year
So that's so theoretically could you have a business that is like only one employee in Oakland?
But they've had them for one year and that would actually meet
They would qualify
We look at many factors. I mean we would keep looking at other factors
I want to see who your customers are we wouldn't just look at one employee out of one hundred percent
One year or more done right we do the site visit
We we look at other factors right and so that would be a data point in the evaluation
Which is one employee out of one in addition to the one year?
We keep looking do the site visit we look at the other data, okay?
And how many employees at on the level were did you see it there during your office visit? I can get that answer to you
Okay, thank you
Council member guile
Make a motion to approve staffs recommendation
Remember Houston and I will second that and I'm gonna say this this has nothing just almost like the marijuana facility
That this has nothing to do with McGuire and Hester
This has nothing to do with the mentor or the protege. This has something to do with us
allowing this to happen and
not having stronger
that's us so this has nothing to do with Mark Warren has started the project this has something to do what we have done
So I move that to a second that
I'm sorry. We are we are past time and we've already
allowed you to speak
There is a motion by Councilmember Houston seconded by councilmember Gayle to approve item 10 to be forwarded to the October 6th City Council
Agenda on roll councilmember Gayle
Houston I
Wong, aye, and chair under aye item number 10 is approved to be forwarded to the October 6 City Council agenda on consent
Yes, please that now takes us to our last item number 11
Adopted ordinance amending omc chapter 8.2 eight solid waste collections and disposal and recycling ordinance to update
definitions from dwelling unit and food soil paper and add a definition for on-site cleanup holler
clarifying that the subscription for regular collection services for fixed materials and organics and recyclable materials and men is
mandatory and that a self haul
Permit is required as a means to specify the property owners obligations to subscribe to such collection services
stipulate that it is acceptable for service providers other than the
mm and o collector to transport bulky goods removed from within a premise as it indicated part of
On-site property cleanup service only if they have a city issued on-site cleanup Hall or permit
Emphasizes the need for business and residential unit in a mixed-use environment to obtain
Separate solid waste collection services strengthen the reporting requirements for haulers providing organic waste collection services authorize the city to
summarily abate nuisance conditions and created by the failure
An owner of a commercial premise to properly dispose of the solid waste created
Produced or accumulated on the premise by subscribing to the collection services on behalf of the property owner
make the cost of subscribing to the service on behalf of the owner including the administrative costs associated there with a
special assessment against the property upon which the nuisance conditions are maintained and
Making appropriate sequel findings. I have two speakers for this item
Excellent, let's hear our staff report first, please. Great. Thank you
Good afternoon chair and committee members. I'm Rebecca Parnes recycling program manager with Oakland Public Works
I'm happy to be with you today as your final item to present a proposed ordinance amending Oakland Municipal Code
chapter 8.28 Oakland solid waste collection
disposal and recycling ordinance the amendments are suggested to help address some causes of illegal dumping
So the recommended amendments to on see chapter eight point two eight include
have to do with their work
because we are establishing a
commercial special assessment
to ensure continuous trash
compost and recycle collection
service at all Oakland
businesses.
Establish a new requirement
that businesses cleaning out a
property can also haul the
cleaned out material only when
they obtain a permit from the
city.
It will update definitions and
clarify residential trash
and make appropriate California environmental quality act findings.
Okay so first I'm going to walk through the proposed commercial special
assessment. Currently Oakland municipal code chapter 8.28 requires all property
owners and businesses to have a weekly trash, compost and recycle collection
service sufficient to match what's generated on the property. This existing
requirement is not changing with the proposed ordinance or staff is not
recommending a change that requirement. What we are recommending is a system to
establish a new commercial specialist estimate that will enable the city to
maintain service on behalf of a commercial property owner with a past due
trash bill. Currently the city's contracted trash hauler waste management
cancels collection service at a business 90 days after a past-due bill. The
proposed changes would also enable this city to establish trash, compost, and
recycle collection on behalf of a business or property that's currently
lacking that service, and staff estimates that between 1,050 and 1,200
businesses currently do not have trash collection service. The special
assessment process will recover associated costs of service and the
city's program administration through a special assessment placed on the
property tax. City finance staff have worked with waste management to
administer the existing residential special assessment process since 2015
and are supportive of doing a similar process
for commercial properties should this be adopted.
The intent of the commercial special assessment
is to ensure continuous waste collection service
at commercial properties with the goal
of reducing blight and illegal dumping
in both the public right of way
and on neighboring private properties
that are currently subscribed to service.
Okay, so the next ordinance amendment
I want to share with you is the onsite cleanup hauler permit.
So this would be issued to businesses
that want to haul material they clean out
from within a property.
Without a permit, the material they clean out
would need to be either placed in a waste management dumpster
or set out for a pre-scheduled residential bulky pickup.
Approved permit holders will be required to submit reports
to the city documenting how removed material was reused,
recycled and properly disposed.
A list of onsite cleanup haulers will be maintained
on the city's website.
And the intent in establishing this permit
is to reduce the instances
of onsite property cleanup companies
dumping material on city streets
that a resident or business paid
to have removed from within their property
in good faith and disposed of.
Finally, I wanna discuss the proposed update
to definitions that will expand
where residential trash collection service is required
by expanding the definition of dwelling units
to include locations currently zoned as work lived.
These work lived properties are often located
in historically industrial zones,
though people can and do live inside these buildings.
The update would require residential trash,
recycle, and compost collection service
for each dwelling unit in the building
to ensure residents have access to residential services,
which includes bulky pickup and drop-off,
holiday tree collection, motor oil recycling,
management of materials that a resident generates.
So in closing, staff recommends the ordinance
amending OMC Chapter 8.28
to strengthen waste disposal requirements
and reduce illegal dumping citywide.
I'm happy to answer any questions.
Thank you.
Excellent, thank you so much.
Council members, questions?
Council Member Gallo.
So what is your plan?
We have so many hauling trucks
that are sitting on our streets.
UNI, the city employees see them,
the law enforcement see them,
the fire department, but we don't do anything about it.
So what are you recommending that's different?
You go to in front of Home Depot,
You're gonna find 10, 15, 20 trucks without permits.
And where are they dumping their goods at?
So how are you gonna enforce,
and who's gonna enforce that if I'm out here
with a pickup truck hauling goods from anybody,
that I do have a permit to do the hauling?
Who's gonna enforce it?
Yep, thank you for your question.
Through the chair, this would create a system
so that as a resident or a business,
I can go to the city's website
and know that I'm hiring a company
that's gonna manage my material correctly.
Because I know today it's not uncommon
that people pay one of those trucks to haul their material
and then they don't necessarily have a guarantee
of where that material is ending up.
And under current municipal code,
if I hire someone and it gets dumped on the street,
I would be held liable.
So by establishing this permit system,
it gives me a way to know that I'm hiring an entity
or a company that's going to do the responsible thing
with my material after it leaves the inside of my house
or garage.
But nowadays I am required to have a permit to haul.
I mean, I've been at this for a number of years,
but we're not enforcing the rules that we have.
First of all, that if I have a hauling truck,
I get a permit from the city to be able to haul your goods
or anybody's good, and we don't have that.
Then the second issue is, that happens is,
besides the hauling truck, is being able to make sure
that a business that opens anywhere in Oakland
has a permit for their trash,
and we're not enforcing that at all.
It used to be waste management
would do international boulevard for me,
because I would see people open up and open up different,
you know, at one time there was a law office,
but it became a pizza store.
And, but they didn't have a permit to even sell pizza,
and the city knows, we know,
and so they throw their trash on our garbage can,
so wherever they want to throw it.
And, but I guess the question how,
who and how and when are we gonna enforce the rules
that we have about trash hauling?
Who's gonna do that?
You're gonna do that?
I mean, we have the environmental enforcement unit.
Yeah, I know we have that,
but go to Home Depot right now.
Any morning we're at the six in the morning,
you go, we're gonna find 15, 20 trucks
that done their hauling.
Guess where they threw their trash at?
It certainly wasn't waste management,
because I charged you, to pick up your trash,
you gave me $100.
And when I go to waste management to dump it,
well, they're gonna charge me $300,
so guess where I throw the trash?
And the problem is this city of Oakland,
and people standing and sitting here
are not enforcing the rules that we have.
We do a lot of talking, but the bottom line is
that if I'm out there hauling trash in East Oakland,
I should have a permit to do it,
but I should also have the responsibility
that if I pick it up and I'm gonna throw it on 98th Avenue,
I gotta go to waste management.
Thank you, we're 15 minutes over on this committee
and we have some work.
So who's enforcing it?
Councilmember Wong.
Hi, thank you so much for the fantastic work on this.
I think one thing I just wanna flag is we heard
from this morning around a number of businesses
that don't even have licenses in the first place
and I think that will have implications
for the enforcement around the liens that were undergoing
around the special assessment for the commercial side
of things is I suspect that a number
of those unlicensed businesses are also not
having their waste picked up.
And so I just wanna ensure that there's that coordination
between the finance department and you all
as we move forward with enforcement.
And then I'll just put in the request since I had worked
with this team on the commercial special assessment
that I'd like to be added as a co-sponsor
onto this ordinance and thank you for your work on this.
To the parliamentarian, what is the situation there?
Yes, this would be a floor edit like any other edit
so the legislation would need to be submitted
to the clerk's office reflecting edits
and my office is happy to assist with that.
Councilmember Houston.
I'd like to move the item if I was out
but I wanna make sure that Trinity, Evelyn,
and Carol Herwood, Council Member Gallo, said,
and I wanna revise something there
to make this more enforcement,
so we're gonna revise whatever we have to do.
I'm talking to you, Trinity.
Speakers?
As I call your name, please approach the podium.
I have Mrs. Asada-Olivala and Kevin Dally
for item number 11.
Mr. Dally, still here?
For item number 11?
Yeah.
Related to the hauling, a part of what has to happen to have enforcement, it becomes
the responsibility of the person who hires the hauler to verify that they go through
eliminating that debris in a proper way.
So when we use the hauler for construction materials to be eliminated, my sister got
in a truck with them and drove to where it was the city where you're supposed to have
payment and eliminating and stuff. And then after they did that properly, we paid them.
So there is a responsibility that we can take to make sure that that is done correctly.
It's on the person who hires the hauler. Related to commercial disposal, you brought
this up. We have vendors who are sidewalk vendors and truck mobile vendors who are
disposing inappropriately their trash. And we need a solution to that as well. As well.
We also have the issue of you can require access to services at residential site, but
But is the access sufficient?
You have the ability to get small cans, larger cans, more than one can.
And some people are trying to save money and they're not getting sufficient cans.
And so the cans fill up and they have access, household waste, or trash.
And you can ask Public Works, not a lot, but a substantial amount of what you find as illegal
dumping comes from people's houses because they have no way to dispose of
it because they don't have proper access that I times okay thank you so much
Kevin Daly I do not see Kevin so that concludes your speakers for item number
11 yes we have a motion by Council of Houston I'm not sure I'll second it the
second in councilmember Unger to second to approve item 11 to be forwarded to
the October 6th City Council agenda and noting the request of council member
long to be added as a co-sponsor and I'm assuming this was approved by the
staff or the department staff to have them be added yes I get a nod for that
on roll council member guy oh I'm gonna vote yes but it's about enforcement and
this is something the city doesn't do thank you so much miss talk about a
committee we'll have a- we'll
have a very roll call nine I'm
saying this because we need to
take action and not just be
talkers about what we're going
to do this but we never do it
thank you. It was not from
councilmember guy else- Houston
hi. Wong hi. Chair hunger hi.
Item number eleven is approved
with four eyes to be forwarded
to the October six city council
to be had as a co-sponsor and that revised legislation would be provided by city attorney
or department staff and that now takes us to open forum. I have Mrs. Asada Olibala,
Kevin Dally, and David Boatwright in any order? Good afternoon, Mr. Boatwright.
David Boatwright. To quote Councilmember Houston, the storm drainage master plan spinning is
very very very important major project and now he's gone. As this plan will take
over six years and complete to complete plus taxing efforts of 18 to 36 months
what can be done till then? This like so many city spending projects requires
more city council mayor oversight. Are there no other projects in the city
city budget of lower priority like trail repairs and park maintenance.
It's time for city council and mayor to make tough decisions without more taxes.
Thank you for your comments.
Next speaker.
I think I'm supposed to get one minute.
Yes.
But he had two minutes.
Whatever you, whatever's the right.
But I gave him two minutes, so you will also get two minutes.
You are correct.
You should have gotten one minute.
Give me one minute.
Okay.
Thank you.
We're going to go ahead and knock this out.
Okay.
The meeting of the Park and Recs Advisory Commission last week had items for new business
and approval.
First item, renaming of Cesar Shazev's Park, forward recommendation for consideration
for Council for final approval.
Then they had an item that wasn't going to Council, request Parks and Rec Advisory Commission
to approve the sale of city-owned portions of Garfield Park to Oakland Unified School
District for over $597,000.
That didn't say go to council.
The next item, a request for Parks and Rest Advisory Commission to approve a donation
of $49,000, and that didn't go to council.
They approved it.
report on parks and recs update draft shows street networks or going whatever
number stop right there there are items that go to park and recs where they
approve and you don't necessarily see it and it has fiscal components and it has
other issues related to what's best for the community components and I ask you
and I've asked you before. This is an advisory group. They're the group that approved the
late merit pilot vendors program. Never came to council. Thank you for your comments. That
concludes public comment. All right. We're adjourned. Thank you everyone.