2026-10-13 - Public Works And Transportation Committee

Good morning and welcome to the public works and Transportation Committee meeting on this Tuesday. OCTOBER 13th. The time is now 11. 32 in this meeting shall come to order. The forgive roll, call

roll. I would like to give instructions on how to submit a speaker card for items on this agenda. If you're here in person would like to submit a speaker card, please fill out a card in turn into

myself. You can late on the podium there either. 2 minutes after this meeting begin war before the item is read into record, whichever comes first again, the meeting begins 11, 32 allies because cards

were do 24 hours before this meeting began. So we will no longer be stepping on lies your heart. But again, at this time with that, I will now call roll. We have on role for this meeting. Council

member Gallo, PRESIDENT Councilmember Houston Council member Wang is excuse and we have chair here. We have 3 members present when excuse Councilmember Wang, you can speaker cards on the podium. There

are now coming grabbing. Thank you so much with Chair Jenkins. Excuse me. Chair would you like to make an announcement before we go to the Fresno? Thanks, everyone for being here. We do have a packed

agenda as usual for the public works committee. So let's try to keep our comment state. Thank you so much for that. We will now move to our first item on first item. One moment is the approval of the

draft minutes for the committee meeting of September 22nd 2026. I have no speakers at this time. Thank you. Council members a move. It. All right. I will second that. And that was a motion by

COUNCILMAN Houston Kemp, seconded by council member hunger to approve item one. The draft minutes as is on role council member Gallo Councilmember Houston. I Councilmember Wang is excuse and

councilmember longer. I we have 3 ayes, one excuse for the minutes. We will now move to item number 2, which is determination of scheduling outstanding committee items, which would be your pending

list, also known as your pending lists. And with that, if I for item to, we do have a correction to the pending list before you go to administration on the pending listened OCTOBER 27th. We have item

number 3, which is the 2025 safe. Oakland Streets, annual information report that was inadvertently placed on that date in was actually scheduled to the OCTOBER 27th Public Safety Committee at rules.

So this item will not be heard on OCTOBER. 27th Public works and Transportation Committee. So I just want to make that note. Thank you, Chair. Love change. That gives work to somebody else. Anything

from staff. Nothing to report. Okay. I will move the pending list. Thank you so much. And I do have 2 speakers for this item. And I have Mississauga ohl Apollo in player Beekman. So I've been trying

to determine without your cooperation of how the parking for the Eye Center works. So I might be getting misinformation. But what understand is you have an arrangement with the ice center and they pay

you a set amount of money every month. It's not a validation process. So with that in place, it means that you you might be getting less money. You might be getting more money. But people who come to

the ice center and use it a free. Now, what I don't understand is if you have people checking in the garage over here to see if ballot parking is going on, there's nothing that they put in their car,

system. On the less you give them a coat. This is confusing. So we need to find out how this works. That you have free parking going on over at the ice Center. The other thing is observe walking down

this street with a protected by laying since the lane covers a part of the curve. How does the street cleaning take place? With the sweepers because there's nothing but trash up bike lane going down

the street. So how does that get cleaned up? Because usually the curb is cleaned up with the street sweep of but anytime you have a protective of bike lanes situation, you can't u Street sweepers as a

means of picking up trench. And the second part of protected bike lanes. We have to have equitable system. How it's been decided to put them in certain areas of the city. If you go in east Oakland,

West Oakland, you're not going see protected bike lanes. So is it a privileged thing that you have going on in this city? And lastly, we have to have a discussion about lawsuits with the Department of

Transportation, sidewalks and even a lot of thank you so much for your comments. And for item 3 of the East 12th Bikeway project. Our next speaker was Blair be been? I do not see him in the queue.

Blair, if you are here participating via zoom, please raise your hand in the queue so we can identify you and give you your 2 minutes. With that. I don't see Blair Beekman who signed up for this item.

We go with the motion by Council member. I apologize was a council member and Aurora Houston fires. Councilmember. He's the second, ok? So we have a motion by council member chair seconded by

Councilor Hugh stand to approve as amended item. Number 2 on role Coutts sole member Gallo. Use I chair eye item number 2 was approved with 3 one excuse long as amended. Thank you so much for that. We

will now go to item number 3. Item number 3, is a resolution authorizing the city administrator to award a construction contract to Maguire and Hester 4 East 12th Street Bikeway project. Number 1, 0,

0, 3, 9, 8, 0, The lowest responsible and responsive bidder in accordance with the project plans and specifications, state requirements in the constructors bid in the amount of 5 million 55 thousand

800 $98 and authorizing the city minister to approve and execute change order to construction contract up to 25% of the original contract amount and adopting secret findings. I have. For speakers for

this item, 3 speakers. But as think you great, let's hear from our staff or space. Areas of the committee. My name is sue to come some count on supervising civil engineer with the department

transportation the major projects division. This item is for awarding construction contract to acquire and Hester for the East. 12th Street Bikeway project and the amount of 5 million 55 thousand,

$890. East Holt Street Bikeway project will close a critical one mile gap in the city's bikeway infrastructure directing cyclists off International Boulevard at 54th Avenue and connecting them to bill

by station by East Holt Street Project improvements on East 12th Street include protected bike lanes, upgrading existing bike lanes piping roadway, paving reconstructing and adding new programs for

ada, compliance bike wayfinding signage. Traffic signal improvements and traffic calming measures such as traffic circles and speed bumps shaping will also be improved on 35th Avenue Bill by station

to these 12 stream. On JULY. Second 2026 staff received for construction bids and Maguire has was deemed the lowest responsible in response, a better this project is being funded by Alameda County

Transportation Commission Grant as well as measures you funds and gas tax revenue. This item also authorizes the city administrator or the designee to execute changes up to 25% of the base contract

amount in follows the department's typical process when it comes to construction contracts. This is in accordance with our 2015 standard specifications for public consumption, which was adopted by the

city on OCTOBER. 3rd, 2017. The project does not anticipate utilizing the entire team sort of capacity. But this authority does help facilitate U.S. Maintaining schedule with our contractor as well as

controlling costs each change order that comes in is a negotiated and evaluated by our construction management team. Our team is excited to deliver these projects increase a cyclist and pedestrian

accessibility and safety in the fruit, filling role as neighborhoods. And I'm available for any questions. Excellent. Thank Colleagues questions Councilmember you MAY need to press a button. Thank

you. Thank you for the information and for the proposed. So what's the time? Yeah. The timeline in terms of construction with through the chair would we would be awarding this contract through

reservoir through the council meeting next peak and then the contracting will maybe take a few months from there. So we just be construction starting a I within spring of 2027 in the spring time it'll

get started. Most likely contractors tend to avoid the rainy season as a can start you know, its good completed We anticipate this being completed within a year. So probably by mid to end of 2020.

Thank you. Make a motion to approve the item. Thank you. Okay. I will. Second that. Let's go to Councilmember Houston. Good morning, sir. Have a couple questions for the public. Can you explain

credited because sometimes accredited percentage can get individuals confuse likenesses McGuire has just lbe and this is which speak on is the local participation. It's 52.0 94 1% and the credit, 63.0

2%. And then couple more questions about. This. 25%. Change order value of 1 million, 263 dollars. 74.5 Is that going to be included in the local participation in and out as other couple questions,

want to ask too much right now. Yes, through chair, I will note that this is memorandum, the compliance analysis, Development, Department Workplace employment standards. And so I mean, not be able to

speak fully to how this memorandum was created. But to my understanding the credit did is 4 vs Lbe. So very small. Local businesses tend to get according to the calculations, double the percentage

credited to that contract. Okay. So it says here that Maguire and has 2 proposes 1 million, 384,001 48 for certified small and very small local businesses. Is that I'm assuming you're looking at the

memorandum speaking to it. Accurate. Okay. So I want staff to come back on a track that because the small local businesses are the most important to me. When I got elected pass all a far, far right

because we've been underserved for so long. So want to have that tracked and reported back to us on that money that these businesses received. Okay. Through the chair that department workplace

implement standards can provide those updates to Comey requested through them, okay, lasting. So the additional amount of the 321,006. 48 that was over Joe Biden's not comply bid I feel is worth it

for local small businesses because they came in higher than everyone. I just wanted the public to understand because when I here, I didn't understand it. Got it from going through all these that. Let

it The all right. Let's hear from our speakers. Please. Thank you so much for that. And if I call your name, please approach the podium order if you are participating via zoom, please raise your hand

so I can easily identify you. We will take those who are in person for Sunday followed by those who are participating a line. I have Kevin Downey Missus, saddle of Allah and Blair because meant in any

order. Thank you. Thanks for this presentation East. Well, it's definitely bike route I follow of when I go to the Fruitvale Bart Station it. Until a year or 2 ago, it frequently had a lot of parking

in the painted bike lane, which is why it needs to be protected. It's not as bad now as used to be. There's been some towing vehicles. Definitely. Encourage this to be passed and I will be visiting

Councilmember Coyotes, District more safely. Thank you. Thank you for your comments next. Speaker. So heard something with the report says the bikes are coming from international on to 12. How can you

ride a bike on international? Is something know you can't talk to me. That's why I'm looking at you. So you can ask Yeah, but there's no there's no protective any kind of we you don't you don't have a

But anyway, we'll talk about that lead. The the the the change on a situation to get clarity on a limitation of change on his all. Is this just up in the that they can use them again? Whatever big

change on his have to be addressed early. The other thing is heavy determine what are some of the inconvenient impacts are inconveniences that going to be a part of this. Awesome business is going to

be interrupt. All residents going to be inconvenient in any way is Safety issues and notice that when a lot of the bike lanes are being produce, you have a lot of open spaces that can people can fall

into who are the people working on these contracts? We need to start. You haven't started yet. You'll talk about him and businesses that are open businesses, but who's actually They from Oakland. All

they all the race, demographics, equitable. Don't see black people working on nothing. In this city. Construction wise contract so when are you going to start looking at race equity with contracts

with companies? Lastly, all know we going to get to the Bancroft Project missed Houston we supposed to have bike lanes on Bancroft with the medium's being reconfigure it in a wait that was discussed

like 2 years ago and nothing has happened. Okay. That's that's been call. And when y'all do still have high, we got a lot of turnover never seen this person be full, I want to black special and I'm

thank you so much for your comments. That concludes our speakers my apologies. I did have Blair between, but I again do not see him in the queue. So that concludes ice because number Houston's, you

have further questions. Just just one more real quick because I didn't get that answered about that. 1 million, 263, 9, d 9, 7, 4.5 That's the max of 25% change. Order. Will the s o b e small local

businesses apply to that extra money. If it goes up to that amount. So are evaluated on a case-by-case basis in general. We you change orders in 2 ways, either additional school or change conditions.

And so let's change conditions for concrete, the ticker been, for example, we need to provide additional cost for work that needs to be redone and it would typically be for that same subcontractor.

And so that's upon tracked. There is s o b e than that dollar amount would go to them or if will be and tighter we are not. If there potential for a new work to be at it, then typically the the

contractor evaluate with subcontractors are available join on the project. One more thing to I'm Emily others, the depart of transportation. All of that is true. I just want to clarify that the

overall project amount still needs to meet the minimum Slb. Ian Lbe requirements of the whole project, including change orders needs to meet that minimum that was set by us. You know, just a

statement, but the guys that did a great job and first time seeing you little nervous. But it's ok, you did really well. Thank you so much. I'm good. They say thank you, chair and threw the chair just

appreciate the question that you ask us. What Houston in terms of how to track. The payments that are going to the Saudis to West is not responsible for leak tracking that solely. I want to set

expectations that we are also serve as the interim director of to us. We are in pilot with Hcd to track those payments, right? Those payments pen and paper. There's documentation to certify that those

payments were made. But we don't have an oversight function at this time. We are piloting software software that does track that in partnership with Hcd. So we will work with both dot 2. Work in

partnership to track the payments through the prime crime has to participate in that tracking. It's their responsibility. And then we will report back to that is a collaborative effort that includes 2

s Department of Transportation as well as the contractor to fully track Thank you. And when that tracking starts to happen, can he comes to council just to let us know? Because I like to keep up with

what's happening with the s l b. That's called thank you so much. And it was a motion by Councilmember Gallo, seconded by councilmember under to approve item 3 to be forward it to the OCTOBER 20 at

City Council agenda on row councilmember on role Councilmember guy. I Houston. I. Councilmember want his excuse in Tehran I item number 3 is approved with 3 eyes when excuse and will be scheduled

reported to the OCTOBER. 28 City Council agenda on consent. Consent. Please Thank you so much. We are now moving to item number 4. Adopt a resolution. Amending City Council resolution number 9, 1, 0,

9, one cms authorizing the city to accept inappropriate loan and grant funds under the state California is round a 2024 to 2025. To 40 will housing in sustainable communities program for the residents

at the Liberation Park project in the amount not to exceed 44 million, 661,404 dollars. And I have 2, 3, speakers for this item. Thank you. All right. Let's hear from staff first place. All right.

Thank you. Good morning. I'm Emily Ehlers with the Department of Transportation. This resolution amends a previous resolution adopted in MARCH 2026. Resolution number 9, 1, 0, 9, 1, which accepted

state affordable housing in sustain Community strategies funds for the residences at Liberation Park. It's a technical amendment. It changes who receives a portion of the grant funds the total award,

the city's funding and the project. The projects are unchanged. Because the original resolution name the specific pay ease. The state now requires an amended resolution before releasing the funds. And

I'm happy to take any additional questions you MAY have. Questions. All right. I was fastest 44 million dollars ever. Let's hear our speakers. Please. Thank you so much. As I call your name, please

approach the podium. If you are participating online, please raise your hand so I can easily identify you once again. We take in those who are in person. First, I have Mississauga all of Allah, Kevin

Talley and Blair be community order. You know, like that through Ian, like Yo, given like people, something. So what are you given us? The sti for the black coach's own community development. 152,437.

But we got to it that little bit of money. Then the money the Eaton House. Same thing, 152,437 not for the city. So the city, it's 7 million dollars. Plus 7.1 million dollar U.S. Why so little amount

of money. And what do you expect? We don't do it that amount of money. Then you have in your statement, the project is designed to counter black displacement. H# # # You can't nothing with that little

bit of money. Then you raise equity statement. Use 8 designed to enhance quality of life. A and what you came be consistent and keep an honest on the so call. Agenda of looking at issues for black

people. You change Race equity statement, race and equity statement. What you don't talk about black people at all. It's just designed to enhance quality of life very little and low-income

neighborhoods, not stop playing with black people in this city. If you want do something for us to do something, they have some sub stops, Epps, substance and I'm not talking about Africans. Haitians

people from the islands, people from Central America I'm talking you know, I have to say this because 27% of your city is immigrants. Legal And 7% African in less than one percent. All Cubans

Islanders and from South America. You got more immigrants and you've got black people in this city. Now. In 1985, with 45% of the city. Now we've got 13%. Thank you so much for your comments next.

Speaker. Please. And Kevin Talley is passing and I do not see Blair Beekman that conclusion. Public speakers for this item. Seeing nothing else from council. I believe we have a motion a second. Call.

The roll. He's second. I'm sorry, second. Sorry. So we have a motion by COUNCILMAN The guile seconded by Chair Unger to approve item 4 to before the OCTOBER 20th City Council agenda on role

Councilmember Gallo. I Councilmember Houston. Councilmember Wang excuse and chair And we have approval with 3 eyes, one excuse council move along in the item is scheduled request to be scheduled

OCTOBER 20. The City Council agenda on consent on consent. Please, thank you so much. Moving on to item number 5. Henry Hyde is a resolution. One awarding a professional services agreement to end as

it as Ed Engineering pc for amount of 4 million dollars to provide construction management support services Martin King junior way Streetscape improvement project and adopting sequel. Finding to have

3 speakers for this item. All right. Let's hear from staffers place. Thank you. Great. Thank you. Committee chair and council members. Good morning. My name is Adnan seeing from the Department of

Transportation acting Division manager. Here today is for them. Okay. Streetscape improvements. Construction management support services. In JULY. 26 2026 council awarded a construction contract to

Maguire and Hester for them. Okay. Streetscape improvements project which will deliver pedestrian crossing improvements, pedestrian lighting street trees. Seeding to a cycle track and upgrading

traffic signals on mlk way between Second and 14th Street item. Before you today would award a contract. 2 aside, engineering pc to manage construction of that project and perform the work of resident

engineers inspectors material testing and special inspections in support of city staff. As it is Oakland as Lbe certified based here in Oakland, California, and in their proposal, as I've proposed

itself perform 70% of the scope. The contract is in the amount of 4 million dollars and the source of funding for this contract. We'll be 100% state and local grant funded. Little bit about our

procurement process on JULY 17th of this year. We should an rfp for the construction management support services. And in mid AUGUST, the clerk received 2 purple. Following the evaluation and

negotiation process as it nearing was the highest-scoring for and selected to be awarded a professional services agreement to provide construction management support services for the project. Plus,

there is any questions as I a great company, I'm happy to recommend them. But it is frustrating that we have to sub this out. Ideally, we would have in-house engineers can you can you talk a little

bit about why we are having to farm this out? Yeah. And so the vacancy rate that I information is right now. The construction management team that's managing large streetscape projects currently has

80% vacancy rate. So very much the of they can seize. We do need to rely on these consultants because our funding does have deadlines and our timelines to deliver the project and meet our grant

commitments. I understand. And I appreciate we have to do what we have to do. But to serve. We have a general desire to. Coming house as much as possible with with projects like this. Anything from my

council colleagues. All right. I will second that. And let's hear from our speakers. Thank you so much for that. I have out on ballot. Kevin Talley in Blair Beekman in any order. And if you

participate online, please raise your hand so we can easily identify you. Thank you. The report says that this project will improve air quality and related health outcomes. Can you go into detail what

you're talking about? How would this project improve air quality and related health got put in a document just to fill up. The space is words. If you're saying it, you gonna improve you whatever you

gonna do, demonstrate how that's going to happen. So this project is supposed to be and Vol been pedestrian crossing improvement, pedestrian lighting. All. Something about trees. You supposed to deal

with two-way cycling. Upgrading traffic signs and so forth. All right. But you didn't break down. What are you going to be doing relative to these 12 blocks with each one of these maybe not covering

each one of these categories. I don't know. But all you spent a lot of time on vehicle of bike lanes. And other parts of what you need to do. Not given this much. And then all we're going to put up

lights and turn the lights on because we have light said been put up all across the city, particularly Elysian Fields and mountain as in at all canyon and call-up been up for you. He is and never been

turned So my question again is who's going to be working his jobs. We do have race equity with employment. Are we going to see some skin column? Looking like me working on these jobs? I go through the

streets and I'm looking everywhere go. I'm looking to see black people. And I'm not talking about Africans. Cubans on South Americans. I'm talking about people who have long enslaved as they incest,

us. Part a legacy. So detail. You want to you want details on small business. Thank you so much for your comments. And this is Saturday. Next. Speaker, please. This. Mlk streetscape improvements is

important for pedestrian and cyclist safety. I do think that the more people you have cycling. More people that are walking taking transit, unable to walk the last couple blocks. You'll have people

that are not driving there. And that is direction in which air quality has a chance of being improved. Would be nice to have it little bit more clearly stated. But but I think it's pretty

straightforward. And mention to protected bike lanes and being cleaned. Does have a single street sweeper that fits in protected bike lanes. Has way more work than it's needed. We also have the

ambassadors that. Frequently sweep The bike Lanes. And Yes, 14th Street was blocked in 2 places on my way here to the council meeting these committee meetings today. I talked to one of the impasse,

the doors and they said did work on it and reporting it JANUARY. Thanks again. 4. For this improvements. Thank you so much. And we had a 3rd because people are becoming, but I do not see him on the

That concludes our speakers for this item. We had a motion by Councilmember Gallo, seconded by to approve item 3 to be to the OCTOBER 20 at the City Council on Row Councilmember Gile. I Houston, I

Councilmember Wang excuse in chair eye item. Number 5 is approved to be forwarded to the OCTOBER 20th City Council agenda on consent that now takes us to item number 6. There with me, Larry, this let

the title. Number 6 is a resolution authorizing the city administrator to purchase, ready mix concrete from cow Portland Company, c e mix con construction materials and one additional eligible ready

mix, concrete supplier, including a new market in trend on as needed basis for 4 years period. Any amount not to exceed $400,000 per supplier per year point and not for annual aggregate amount not to

exceed 1 million, $200,000 in a total for years. Aggregate amount not to exceed 404 million, $800,000 authorizing payment of unpaid invoice due to Cal Portland company in the amount not to exceed

$70,000 waving further advertising competitive bidding per pursuant to the Oakland Municipal Code in authorizing open market purchases. Pursuant to open this will code in granting to the extent

required a limited restricted waiver of border wall construction prohibiting prohibition pursuant to Oakland Municipal Code in wavy, the sanctuary city can contracting prohibition relating to certain

United States, Immigration and Customs Enforcement, Customs and Border Protection in Department of Health and Human Services Office of Refuge. The settlement services pursuant to open this Municipal

Code for a cow Portland company see a mix, construction materials and conditional for one additional eligible supplier and adopting sequel findings. I have 3 speakers for this item. Sellers tell us

about concrete. All right. Thank you. Threw the chair. My name is Emily. And there's a work for the Department of Haitian. This item authorizes the purchase of ready mix concrete from up to 3

suppliers over 4 years. Cal Portland see Max and one additional qualified supplier, including a possible new market entrant. Purchases of the as needed not to exceed 400,000 per supplier per year. The

resolution also authorizes up to $70,000 to pay for concrete that we received after a prior purchase or authority expired. Ready mix. Concrete is critical to our in-house crews, building sidewalks and

ada accessible curb ramps. It must be you shortly after bashing so supplier, proximity, delivery, timing and reliability matter. The open market is tight. There's only 2 to 3 providers and they also

serve private construction back in 2025. We're we issued a request for quotes and received no quotes. After that failed solicitation. We began open market negotiations. And during those negotiations,

we contacted all 3 ready mix, concrete providers operating in Oakland or that had recently operated Oakland. After multiple attempts. Cal Permanency Max agree to our general purchase order terms

including prevailing wage or fireman's, but they declined to execute the city's additional certifications, including schedule I and schedule w schedule. I prohibits vendors from providing data

collection and detention facility services to icp in hhs Office of Refugee Resettlement scheduled w prohibits it. The city from contracting with entities involved in planning designing are

constructing the border wall. C Max and Cal Portland said administrative burden and the availability of private sector work that doesn't require these additional disclosures or certifications. 0, 1, c

does allow council to waive these 2 schedules when no reasonable alternatives exist. Or when the city would otherwise be unable to obtain essential goods on a reasonable basis. We think that's the

case here. Failed solicitation, very limited market in a time, sensitive material and essential operations. And regarding the potential 3rd supplier. In recent years, Sierra Pacific Ready Mix had

operated a plan on Wood Street. Should that plant reopen or another plant in Oakland reopen? This resolution would allow us to purchase, ready mix concrete from that 3rd supplier on similar terms

staff recommends approval of this item because without ready mix concrete, our teams mix concrete by hand. Currently staff are limited to small sidewalk and curb and gutter repairs. Our in-house ada

Curb Ramp Program is currently says and id, which affects our capital improvement program and current current consent decree obligations. Thank you. I'm here with MR. Jones or operations manager and

this Lou, our administrative analysts, you have any additional questions. All right. Thank you for that. A colleague's questions. Concrete questions. COUNCILMAN Thank you. Thank you for that meeting.

We had also Emily. What is being done to bring on that 3rd supplier. Go a little more in detail on that one because it looks like we only have 2. These these these companies, concrete companies. Is it

any way we can find out how many local individuals actually work for them live in Oakland because we spoke about that. Also, yep, to the first question right now, based on our information, they're

only 2 in Oakland Today, c Max and Cal Portland should Sierra Pacific or new market entrant open a plant in Oakland. We want the ability to work with them and or similar terms. We did call Sierra

Pacific to see about their plans for reopening that would street plant and they did not have any. They are headquartered in Cal and San Francisco, as I understand it. They MAY reopen that plant or

another entity or vendor MAY open a concrete plant in Oakland. We want to to work with them to the second question regarding local employment next and help Portland after our conversation yesterday.

Thank you. I did reach out to both of them. I heard back from Cal Portland. They didn't have a number. They weren't able to estimate the number of employees they have in Oakland. But I would say that

the ability to it purchaser park here, ready mix, concrete keeps our staff. And we do have to exempt limited duration employees that are currently concrete finishers. And if we're not able to procure

ready mix, concrete will likely terminate those contracts when they expire in FEBRUARY. Okay. That question. Is this not structural concrete right? This curb and gutter correct. This is not structural

concrete makes. This is for curbing better, correct. Can I get the makes designs on what that is for? Specific concrete. Her. So we can see if there's any other companies. Small company does Bean.

Maybe want to come a local small business. I need those concrete makes design so I can see what I can do with that short. Okay. Let's hear from our public speakers them customer, his son. One more

question. Sorry. I just have one more question and I would just reading this earlier about why are we on? And I know the answer, but I want the public to know why are we? Creating? Policies and laws?

Sanctuary city in. City refuge. If we're waving them all the time, you. Because it created. I know. County COUNCILMAN I'm working on a large contracting reform package that will address some of those

questions. Okay. Can I work which you can? I can. A 14 about done that. Yeah. Okay. Just want to sit in which you get that knowledge. You got as I got some questions on this one. So I guess we'll just

pass on that. And I let my by council member school me on this. All right. Anything act? No, I'm good. Excellent. Let's hear from our public speakers. Please. Thank you so much for that. I have a

societal of Allah, Kevin Dally m player. If you're participating via zoom, please raise your hand so I can easily identify you. Thank you. Usain. If this company. Was helping to use concrete products

to build a wall. That you wouldn't do business with them. You wouldn't take the concrete because of City status. Is that what you're saying? But you all say nothing about your contract with Israel

when killing Palestinian over there in Gaza, you still do business with Israel. Your Morrow status since week. They only 12 states in United States of America that have sanctuary states. And the U.S.

California, you sanctuary state. But you got cities all around Oakland. That's not sanctuary cities. Walnut Creek, Alamo Danville, Dublin, Pleasanton in a sanctuary cities. We know jump on a bat. But

if you all sanctuary city interferes with the quality of life and it does, I haven't immigrants in this city, African 10% unemployment in this city. And y'all keep talking about small business and you

all talk about all employee. We are in house. But you got people in West Oakland from Ukraine over 6,000. No, I'm sorry. 700 and something people from Ukraine living in West Oakland where we used to

live. People from Yemeni living in West Oakland where we used to live. But you okay with being a sanctuary city is a look as if it pushes us out of the city. That's okay. But I'm not gonna let you

Keep doing it. But I'm gonna keep addressing Sanctuary city having immigrants in this city has negatively impact the capacity of black. I apologize. All about your time is Thank you so much for your

comments next. Speaker. Kevin de Le appreciate the work being done with the con concrete contract. Just want to fill in a little bit more details about the consent decree. Oakland a's have 30 years

from consent decree with signed to make pro-Clinton sidewalks curb. Cut 600 ada accessible. Obviously they are today broken sidewalks, whack of curb cuts. It's difficult to get around in a wheelchair.

Councilmember Houston made a comment about non structural concrete in there. There is one possible area where there's some crossover in some cases, Oakland could choose to build sidewalks in the way

sir debt. Fire trucks, particularly the ladder trucks could drive onto the sidewalks without. A strong risk of breaking the sidewalks in order to set up the air. What matters outside of the street.

And in this case, you might nene concrete. That's a little bit stronger. You definitely need rebar. Probably doesn't really affect this contract, but I just thought bring it up. Thanks. Thank so much

for your comments. And that concludes our speakers as I do not see become an online that. Cast member Houston. Just one more comment about that. Not stretch structural concrete. That's what I wanted

to find out about the concrete mix designs. You know, in in public works. We. By all these pieces of equipment. I mean, equipment that waste management Hass. Why have we ever thought about investing

in one of those trucks? You just you put certain. Formulas in. It's really not that complicated that you can mix. It is self and they can drive in ago dump it at. We looked into something like that to

save us money, especially in an emergency situation. Have we looked into those type of mixing trucks? Not that expensive. We looked into To the chair. Or far as mixing trucks. We have one. But they

had the special one that you just punch it. And it just makes that concrete mix design that spoke about. But I do is I talked to guys offline about go ahead. You want to say assembly? I don't know

anything about this specific equipment, but I do know that our backlog for equipment is over 50 million dollars. So it's going to take us a long time to bring our current fleet up to the standard. It

should be yet. I can't speak to any potential new. Vehicles. Okay. So if from the citizen last and in closing, if you remember back in the day United Rentals used to have, you can go get their little

mixer and it was just punch in a concrete makes designing just came through. Makes to new in Porter slab or concrete is nothing that we couldn't do. That's at our facility to say waste, not that big

of a deal. So I look into that I do want that concrete mixes ice. I can do my research. Thank you. Thank you. Let's call the roll. Please. I need a motion second for the side politics. All

Councilmember his summit, the motion. I will second it. Thank you so much. And that was a motion by COUNCILMAN Houston, seconded by Chair Unger to approve item 6 to be forwarded to the OCTOBER 20th

City Council agenda on role Councilmember Gallo. Houston, I Councilmember Wang as excuse Chair I item 3 is approve with 3 I's one excuse 2 before to the OCTOBER, 20th. 28 City Council agenda on

consent that now takes us to item 7. Read that item and receive information report from the city auditor on the audit of Capital Improvement Program. Financial management, implementation,

comprehensive systems, policies and practices to enhance oversight of capital project delivery. And I have 3 speakers for this item. Thank you so much. Otter Houston. Welcome. Thank you. How much time

you need 20? We will give you. Good afternoon, everyone. Michael Houston, City auditor. We're here to present our recent audit of the Capital Improvement Project. Financial management. Here's what we

hope to get through in the 1920, minutes to decided team identified the audit objective in scope, provide background present the audit findings and recommendations and audit team and I will entertain

your questions. Here's audit team. We have of assistant city Auditor, Stephanie Noble Wilson performance audit manager Teresa Lynn and perform senior performance out of Jalen One who is the auditor

behind the audit and Jalen and Stephanie are here with me this afternoon. We initiated this audit after the dot director requested it in fiscal year. 24 25 the audit objective was evaluate the

financial management of the city's capital improvement projects, including assessing internal controls over timely, appropriate and cost-effective use of capital funds. The audit covers JULY first

2020 2 through JUNE, 30th 2025. So that's fiscal years. 23. 24. And 25. So for background, the Capital Improvement program, guys, a city street t chick decisions informing the construction repair and

replacement of capital projects. Those are long-term investments and assets like roads, parks and other city infrastructure to have useful design life of at least 10 years and cost at least $100,000.

The city relies on contractors to deliver capital projects for 2 different types of contracts. Open bid contracts and on call contracts. All contractors can bid for open it contracts only pre-

qualified contractors can bid for on call contracts. Public works and dot are responsible for managing the capital improvement program. Public works overseas capital projects for public assets,

including buildings and structures, parts and open spaces. Sanitary sewers, wastewater systems, storm drainage and watershed management dot manages transportation and street related projects like

roads and sidewalks and fiscal year 2026. This city separated to construction management division has divisions of public works and deal t. So previously, the construction management division resided

within public works and was responsible for construction execution for both public works and dot capital projects. And when a deal Tea project that's to the construction phase responsibility for Hurt

Project. Transition to public works. The capital contracts Division within public works and ministers contracts for both public works and dot. It is also responsible for assisting project managers and

developing request for proposals and bids follow state and city guidelines. Fiscal services teams from public works in dot review, capital projects payments. The minute by resident engineers, the

construction management division, capital contracts, division and fiscal services teams collaborate with project managers to deliver com capital projects. So here are the 5 phases. The city delivers

capital projects through identification phase budgeting, phase preconstruction phase construction and close out and those are the find charge appendix a of this audit report. From fiscal year. 23 to

fiscal year. 25 the city spent about 300 million dollars in capital projects. Bond measures are the largest funding source Measure k was the largest funding source specifically of capital projects,

noting 253 million dollars. The first of our 4 findings is that the city can adopt more comprehensive systems policies and practices to improve consistency, oversight and segregation of duties for

Capital Project Management. The Construction management manual is the primary source of guidance for managing capital projects and needs to be updated and formally adopted our view of the manual

identified some issues manual specifies different contingency parts, percentages. Then our used in practice management informed us that staff 6 city council approval for change orders that exceed 25%

of the contract face value. But the manual advises seeking City Council approval and much lower percentages for hire contract values. The manual currently requires that the city prepare official

documents authorizing changes to original scopes of work cost and or project timelines within 2 weeks of when the cost and time impacts of an order to proceed, which authorized contractors to begin

work are determined as exhibit 13 here. Cells in practice the process to issue change orders takes much longer. The project's review that we review took an average of 79 days and a median of 35 days

to issuance management told us at 30 days is a more reasonable goal. The contract management manual is supposed to be the primary source of policies and procedures and managing capital projects other

public works or dot have formally adopted the manual. And we recommend that the public dot, adopt the manual and regularly review and update it to ensure its policies remain relevant. We also

recommend that the city we also found that the city does not have comprehensive guidance and required approvals for change orders and orders to proceed. What is to proceed authorize contractors to

begin work. The contract, the construction management menu, Alexa policy and review and approval of time. Adjustments in change orders that reduced the contract amount. Usually due to reductions in

scope of work. Those are called negative balance change orders and approval policy can help to answer this co-production just the skull production is legitimate. The changes they're only document it

and it will not negatively impact project come, please and approval policy would also patrol against inconsistent approval practices. There's also no formal guidance on amending on call task orders

which authorized the start of professional services. The lack of guidance results and inconsistent practices among city staff, the capital contracts division advise that amendment succeeding. 25 1% of

the original task order should receive city Administrator City Council approval based on the contract amount. But we found that this recommended practice was disseminated via e-mail. 3 on call task

order amendments are sample that we sampled lacked spots. Specified us 2 on call task orders below $250,000 with amendments above the 25% threshold to not receive city administrator approval and one

task order above $250,000 with amendments exceeding the 25% threshold. What's approved by the city administrator, but not the city Council. We also found construction change orders, sport paving

project moved forward without City Council approval. Despite decreasing original work out by over 25%. We attribute these inconsistencies to a lack of specific formal guidance on when to obtain city

council approval. We also noted noted that the manual does not have clear approval requirements orders to proceed for work above $10,000 in less than $25,000. Emanuel does not specified the approval

authority in appears to have contradictory information and authorities of the supervising civil engineer. Also, the manual does not provide guidance for issuing orders to proceed and are on call

contracts. This could lead to inconsistent practices in cost overruns. To ensure that scope changes and additional expenses, especially reviewed. Public works and dot should create formal policies to

define approval and review requirements were time adjustments, negative balance, change orders and change orders from coal contracts. From fiscal year. 23 to 25. The city spent 105 million dollars or

41% of its total contract. It capital projects, spending on on call contracts. We know that that the city has no centralized general guidance on when to use on call contracts or how to structure them.

In addition, no existing policies and procedures to find the allowable to ration for on. Call contract extensions. So in Exhibit 17 here, the city's on call contracts. We're extending average of 2

years with the longest extending extending for years. There's also a lack of guidance on issuing an approving on call task orders, which it which could increase costs to the city by reducing

competition. We made 2 recommendations related to on call contracts and on call task orders recommend that the city administrator establish a policy when the city should use on call contracts and non

call task orders. And we recommend that the public works and dot establish guidelines for determining when to extend existing on call. Contracts were initiated once. Staff are consistently are not

consistently following policies and the construction management manual and we have served multiple instances of staff's inconsistency in following it over half. 34 of 65 sampled orders to proceed or

not to shoot in line with requirements and calm in the manual 11 out of 42 sampled on call. Construction-related change wonders Lex Contract change. Order memos to describe proposed modifications. The

change order of over $50,000 is not signed by the assistant director design manager 10 the 25 Review Task orders lacked required approvals, including authorization from the Capital contracts Division,

assistant director and we're department director in one instance, staff issued a task order to extend the contractors existing work rather an amendment. We recommend that public works in dot, generate

regular reports to allow management to monitor change waters in aggregate for appropriateness and costs and public works in dot should train staff on policies in the construction management manual and

monitor staff compliance with the policies to performance evaluations as he did. Vacancy rates have been persistent persistently since fiscal year. 23 sold in this exhibit 19 also the exhibit 20

approximately half of the construction management division, civil engineer position positions remain vacant over the past 3 fiscal years. The capital contracts division had 7 points expectancies out

of 14.6 fte on in fiscal year. 25 the fiscal services team in the public works and transportation departments have also experience high vacancies. And exhibit 20 the fiscal services teams. Taking

multiple vacancies have led to staff taking on multiple roles, taking multiple roles MAY result in reduced review. A project decisions over-reliance on certain staff members and introduce potential

conflicts of interest. Additionally, staffing shortages have caused delays in projects, especially in dot, where high vacancy rates have slowed, paving and street repair work. To mitigate the risk

from high vacancies. We recommend that public works in dot, implement a comprehensive segregation of duties, policy that includes independent oversight minimum approval signatory requirements and

designated alternate for prove or for staff serving in acting roles. The department's it also could configured to ap portal to prevent individual staff members from holding multiple roles in the

payment process. And the city does not have a centralized project management system for Capital Projects, Capital project. Information spread across or point Xcel Burchel pm ap Portal and Oracle,

which limits centralized reporting in oversight pm. Webb is replacing virtual pm, but currently excludes on call and professional services contracts. In addition, there are no complete records for

capital projects and there are inconsistent construction longs and financial data. The lack of a centralized system makes it challenging to monitor projects and maintain oversight. So we recommend the

public works and dot in coordination with the it Department develop and implement its centralized Project Management system. But Taylor existing systems to monitor the status of capital projects and

maintain oversight. Just finding second findings that the city can streamline and improve management of its payment process for capital projects. We know that that limited oversight of resident

engineers increases the risk of incorrect payments city over pay. 35,000 $1 for 7 capital projects out of the 46 that we reviewed this amount included incur incorrectly, applied market rates for

subcontracted work to pluck markup payments. Another incorrectly applied market rates over payments can be attributed to unfamiliarity with the city's market rules and lack of adequate review

management reported relying on resident engineers to review construction invoices before project managers submit their invoices. 2, 2 fiscal services for payment process. And the city does not require

documentation of expenses for subcontracting work. The constant the manual states that prime contractor should report the payments they make to subcontractors but does not require prime contractors to

submit actual copies. A subcontractor invoices, the city's 2024 disparity study found that some prime contractors and not submitting subcontractor payments. The payment reports as required which

limits the city's ability to verify payment, accuracy for some contractors and increase the risk of over payment. To certain voices are accurate and adequately review public works and dot should

implement a process to independently verify that each payment alliance with the contract terms, the department's it also formalized reviewers responsibilities in our policies and procedures while

establishing procedures to review and validate subcontractor expenses. Does accounts payable portal. So ap portal is an online tool were contractor submit invoices for payment and check the status of

outstanding or previously submitted invoices. According to management, some contractors email there in invoices, rather than submitting them through ap portal working outside the portal in MAY result

in incorrect payments. Unlike the invoice, invoice, processing times as shown in this exhibit, the city's payment process is long. The city took an average of 47 days to process invoices. We reviewed

according to the municipal code, local prime contractors must be paid within 20 days after which the city owes a 10% annual interest penalty for each month. Payments are late. State law requires that

non-local prime contractors be paid within 30 days. But the 2% monthly interest penalty for late payments or construction contracts. We found that delays in payment for one capital project result. It

and the city paying $66,000 in interests. The city should also strengthen its policy on change order expenditures. Public works in dot, lack formal written policies for managing recording funds. When

executing on call, change would 4 out of 26 28. Part me transactions we reviewed indicated that funds were not reserved when the city issued the change orders. These cases involve payments. But dot

paving projects in which funds for the change orders. We're not reserved until invoices were received. So to manage Capital project payments more effectively. We made 3 recommendations. The first 2,

but it's up to public works and dot require contractors to submit invoices in the ap portal before issuing payments and we recommend the public works in dot regularly. Update payment documents,

including the chance transmittal payment for him and other related payments. Support template to reflect and streamlined current invoice payment process. And recommend that the respective fiscal

services teams and public works in dot, adopt a policy to cover funds were on call, change orders within a defined time frame. The 3rd finding that the city can improve its oversight of of bond

finance. The city has not provided adequate oversight of Metro kk measure. You bond funds which are the largest fund sources that the city's capital, board, city's capital improvement program. We

identified instances in which the city process bond payments without proper review, including one transaction was incorrectly assigned to a bond fund in one transaction that incorrectly charts and

transportation project payment to a fund reserved only for the city's sewer facilities. We also noted that city has not conducted annual required audit of the use of these funds. The city

administration has reported that it will start on its from fiscal years. 25 27. So to enhance the it environment for monitoring bond fund, use the Finance Department's Treasury girl in the public

works in dot fiscal services. Teams in coordination, but it should enhance ap portal to flag potential errors in the spending. And the last short-term planning MAY affect the effectiveness of capital

project delivery. The city has built bidding on projects that were not fully design, which has led to additional change orders project sometimes move to bidding before designs are complete largely due

to pond in grant deadlines that require funds to be used within a specific timeframe. 92 change orders. We reviewed 5 could have been avoided with more more thorough preconstruction planning.

Gathering essential information from other parties early in the planning process has been a challenge completing project Coordination. Project designs while short-term planning can expedite project

initiation, it can increase cost, extend timelines, obscure inadequate preparation and caused additional change orders. The city of Dobbs, Capital projects on a two-year biannual cycle as do several

other jurisdictions. Unlike jurisdictions that have. Other, unlike other jurisdictions that have adopted multi-year capital plans, the city has not developed one since fiscal year 20 to 23. While the

city has has some long term planning efforts such as to 22 2022 5 year paving plan and long-term sewer plants. Let's a comprehensive long-term capital plan. This limits effective planning and budget

allocations. That's so that is 20 minutes or how much more time doing it. We recommend a long-term planning effort in line with best practices by the Government Finance Officers Association gfa away.

The gf. Only advice is jurisdictions to report annually on project status and activities and to develop long-term capital plan, spending 5 to 25 years to better align. The city's capital improvement

planning processes with best practices. Public works and dot in coordination with the finance Department should recommend that the city Council adopt a 10 year Capital Improvement Project plant. In

addition to improve oversight and visibility to the city's progress in delivering capital projects, public works into ot should provide regular reports to the city Council on the progress of city's

capital improvement plan and active capital projects, at least annually. And think the city administration, including staff and public works dot finance cooperation in sight during the audit. Their

responses to the recommendations are included in the back of the audit report. The next you are takes you to our contact read. You can access the report. And with that, take your questions. Excellent.

Thank you. That's the big one. I think we complimentary report from either city administration or public works? I think maybe our best bet is to hear that first. And then we can direct questions to

the appropriate. Looks like finance. Thank you. Chair hunger and members of committee on behalf of the city administrator. Part of public works transportation and of course, my own department want to

auditor Houston for the audit and its recommendations. What to know that the administration takes the finding seriously about how we strengthen our management of capital projects. We agree with the

auditor that it's important to have strong financial controls, consistent procedures and effective oversight of our investments in our infrastructure. The odd includes 17 recommendations, as you've

just heard. And management has agreed or partly agreed with all 17. We developed a them and put implementation plan with the responsible departments and target completion dates for each of the audit

recommendations. We are looking to address 7 of the 17 recommendations. The upcoming update and adoption of the city's construction manual. The updated menu will clarify, approve requirements for

change orders. Financial controls, establishing responsibilities for independent review improvement and documentation and prove provision of clear procedures for reserving an income bring funds for

processing payment. Public works in dot are working and committed to updating that manual by FEBRUARY of 2027. Second, we're working to strengthen our procedures with the use of on call contracts. And

we agree that clear guidance is needed on when and how we should be using on call contracts. Our capital on tax evasion. We'll be developing written guidance, regarded this for the approval of city

administrator shortly. 3rd, we're looking to improve financial controls for payments and processing the audit identified opportunities to prove accurate, accuracy and timeliness of payment,

strengthening the peer review and better separate financial responsibilities for again, proper segregation of duties. Some improvements already complete, including updating our payment forms and

documents. Others will require collaboration between all the department's mentioned it d especially related to our electronic payment systems. 4th, we agree that it's important to strengthen our long-

term capital planning and reporting we're committed to improving our multi-year planning. Should notice to component of our look. Remember to fiscal health is along with a number of other planning

processes and we're committed to multi this multi-year planning through at that at that specific plans on things like infrastructure streets, sewers, storm drains and facilities. For example, this

committee will learn more about our sanitary. So our master plan and our storm master plan in future updates to it. This important work is now about implementation. We will look to follow through on

this commitment that we've made in our major response report and we appreciate the otters work and look forward to any questions you MAY have about our implementation of those recommendations. Thank

you. That's great. Thank you I'll start. It seems like capital projects are consistently that slowest to be paid. I think we've got a report that the Finance Committee said about. We're about 55% on

time when it comes to capital projects. But 90% on-time for other projects. Is there something unique to bond to grant? Funding that consistently. Makes us pay. To acknowledge of the auditor's report

finding some of the some of our items, our internal process issues. So those can be resolved related to the incumbent of funds, notification and verification of them prior to going to the change order

process to improve timing and speed. There are additional checks required for bond proceeds that are different from normal city funds before we actually drop on proceeds from trustee. There's a second

independent analysis conducted by our Treasury bureau, which is in finance to ensure that we have proper allocation of those resources. So it is longer it is a longer process with that additional

step. However, per the recreations, the auditor, we're focused on the front end of ensuring that we have proper timely incumbent of funds were using tools like the ap portal to ensure that things

don't get lost get stuck in the mailboxes. Email inbox is to ensure that things move quickly appropriately. Should we set ourselves a more realistic timeline if you know, we have these additional

requirements and we just keep missing. It should be. Think No, I think that's a reasonable recommendation. I think we need to undertake. Initially the steps to improve our practices and procedures and

then once we are more readily a hearing to a reasonable series of internal processes and procedures, it MAY be appropriate to adjust our internal timelines for these projects. I would note, as the

auditor noted we also need to ensure there MAY be additional compliance steps that we even want undertake be on these. And one of the odder one that was mentioned, it's part of our disparity study is

ensuring the prime contractors when we're paying them that they are actually paying their subs. And that actually MAY require additional verification work for us. So in the time we're adjusting those

policy. But we MAY want to extend deadlines for ourselves or payment, but it makes sense for us to focus on our low hanging fruit. First, it does seem like we don't require a lot of paperwork from our

primes. To our You know, is that something we can do? Is that something we can require without it becoming too much of a burden on primes about help us get better at verification and tracking these

payments. I think that is something that we're heavily looking that I know that City, MISTER Baker and as acting director of West is looking at that, I know we're looking better in our broad

contractor reform efforts. Invite him if he has any additional feedback on that. But that's something we're looking at. And again, it was raising our disparity study to key thing that we need to make

sure we're holding our primes accountable. He's often those local boost. Subcontractors are the local of small local businesses was in the city of Oakland who need to be treated fairly. It's a Thank

you. And threw the chair. Yes, as as mentioned earlier, the council Houston's question on, we do need to work collaboratively with the primes as well as the departments to fully track the payments

from prime to sub. There is an exhibit exhibit g that is submitted when an invoice is requested. That exhibit list the payments, but we still need to provide oversight to make sure that those payments

actually happened. But we do have that document. In addition, we are looking at the city to prime contract to see how we can strengthen that. Put some teeth in it. The amendment that passes along some

of the agreements between the city and the prime to the agreement between the prom. I'm in the subs. So we're looking at those agreements. But yeah, it's a collaborative effort. So. Do we have

comprehensive list of capital projects that is easily accessible. The easily accessible? I would say no. The best list of them is ongoing. What's gone on in the budget? I would take Accessible, like

useful format. Know, I think we've is that space or we would need to improve that. And I know that would be a lot of work, but it would be great to have, you know, just that a spot we can all click on

to see, you know, where we are in each of these projects. What's upcoming? What's planned think that would help bring a lot of transparency to it. Councilmember Houston chair. Honored to Houston that

was unavailable Legistar and might have missed it. But are the pages numbered? Because I wanted to go back to a page, but I didn't know which one it was. So it is it not make sure don't number before

we get it, councilmember Houston. Yes, I do not think we have to actual power point on Legistar. We have the report. So this one right here can use in this office weeks. And through the chair, what I

mentioning when I first got in council when first came accounts, I was like this is what happens when it doesn't it. And the council, which is our job. And I'm still trying to understand why we're not

doing. Designed built. I don't get it designed built can actually save you money. And the change orders are lower. So I asked of his and his ever since I got office to 21 months ago, I like it when he

returns back to council. So we understand and it just doesn't flow through. It happens. And why don't we do design built? There's 2 separate questions. I keep asking. Did you want me know that just

the number just the numbers of pages, MR. Houston. Through the Liam Garland, Open public works director and Councilmember Houston. We're very open to the idea of design build on our projects. It's

especially fitting for some of our larger facility projects. So you think about a new or replaced fire station or recreation center, those are a good fit for design build and we think we have most of

the authorization and municipal code to go down the design, build path. The key point, though, is it's got to be done at the beginning of the project. And so we've got to figure out the right project

to start with and then go down the design, build path. And that's something Pw can keep an open line of communication in your office when we see that opportunity in front of please, because we save

money and we say change It. So just keep me up on that. And we do do these projects in this is to chair masking. Can we return to council? So we'll know what's going on. So it's just not just moving

through the process and then we come and see a like this to MISTER Houston. Be please. Consumer Houston limit. Let I hear what you're saying and let me think through the ways to do I think it combines

a little bit, too, in terms of the information our departments provide about capital projects. We do. If you go on our website, we do have a list of projects and our status it's all mapped. And so

that's a good place to start. But I definitely hear what you're saying in terms of a more comprehensive update on a project. Once it closes. So change order comes up, can it come back to to the chair?

Could it come back to so we can see and have discussion about it because these change orders are astronomical. I would worry a little bit like if we came back to committee for every change order, that

would essentially mean slowing our capital projects down considerably. But I hear your point, which is on some change orders there might be a good reason to that could could we come back with a

certain dollar amount? Naked is over 200,000 are, you know, could come back with a certain dollar amount. That's definitely something that talked about. Yeah, right? Okay. Further questions. Let's go

to our speakers from the public place. Thank you so much for that. I have Kevin Dally. Ms aside, all of Allah in play are pretty big men in any order. If you are participating online, situation or

hand so we can easily identify you in any order. Thank you so much. Kevin. Definitely thanks for yet another amazingly. Detail audit. I'm looking forward to improvements in the process That we're

following for. Especially for the pond expenditure. Course, we had a problem that for a year we weren't selling bonds and that slow down the expenses. I think that's out side of the audit report might

have happened after the the year of the audit was finished. Of my concerns, which I think it's also the council's concerns is how frequently. Departments come to council with urgent contract. We're

it's way too late to make any changes, but still expects approval from council. And I'm not sure how that would fit in with the audit report. I know Councilmember Unger is working on changes to the

contract process. And I look forward to seeing those in the near future right? Have great. Great taste in his abilities to bring things together on this item. As far as to the regular reports for

paving except around. I'm looking forward to later this week to a report at the bicyclist and pedestrian advisory commission which will be on p incomplete streams. So looking forward to hearing.

Hearing that. Patient thanks a lot. Thank you for your comments next. Speaker. Didn't didn't hear the cities response to the requests for looking at staff vacancies. And the need for management

improvement systems. I you might have heard it. I didn't. I didn't hear a response to the audit is saying that the city has not provided adequate oversight of met Measure k k and measure you van

funds. The city has not yet concluded an annual required audit of use of these bonds. 2 instances in which the city. Proceed bond payment without paper review. Was a part of the report. The city has

not develop a long term capital plan in recent years. And I think that's going to be address. Just to use an app. You on some of the things you're saying, but I can tell you that design. What is it

called is designed Bill was used for them. A climb in private jet. What a set amount of 72,000 when they went in and looked at some of the unforeseen issues, it went up to 92,000 the because you had

to address those issues related to environmental safety, plumbing. I think it has to do with seismic issues. So it looks like even though you use that design, sometimes you forced to come up with more

money and that happened in that case up and some cases governmental ages and still use that system when they not that invested in the community, they'll make a limit on that community rather than

putting extra money into it as well. As usual. You fantastic. I like your questions. MISTER On to Houston. Keep pushing. I know you have done your homework. Thank you for your comments. I don't see in

the queue. So that concludes your speakers. Houston. Were you hoping to present a similar report, a full council or happy to? Yeah, that would have would be i deal with the bigger audience and that

the full City Council. Okay I will make a motion to bring this to the next council meeting on non consent so that you can. Give a presentation and I will let. The council PRESIDENT Tell you how long

you have to give presentation. Yes, see a son so begins. Have second from Councilmember history. Thank you for that. I have a motion by council member chair ogre seconded by Councilmember Houston to

approve item 7 to be 42. The OCTOBER 20th since City Council agenda on non consent on role Councilmember Gallo. Houston. I Councilmember Wang you this cues chair eye item number 7 is approve. The 3

I's one excuse to be ported to the OCTOBER 20th City Council agenda on non consent and now takes us to item number 8. Andrade is a resolution authorizing the city administrator to accept an

appropriate grant funds in the amount not to exceed 3 million dollars for the U.S. Environmental Protection Agency, San Francisco Bay Area program for pcb remediation in a Rory, creek in adopting seat

left findings. I have 3 speakers this item. Thank you. Good afternoon. Committee members, Brittany Jenkins. I'm done to services division manager with Public works and happy to be here with you today

to discuss proposed resolution to accept 3 million dollars in grant monies from the Environmental Protection Agency's San Francisco Bay Program. This funding will support the city's obligation under

2022. Cleanup order by the San Francisco Bay Regional Water, Quality Control boards under that order, the city and the Union Pacific were and Union Pacific Well, excuse me up. Were named jointly

responsible parties for legacy pcb contamination in and around or I obey who creek you. Just Oracle, Intitial activities at adjacent properties mediation efforts acquired under the order will be

performed under costing agreement currently being developed between the city and up are which will split the cost between the parties that 50, 50 this funding significantly reduce the financial burden

of these remediation costs with a maximum estimated costs of approx approximately excuse me, 8 million dollars which otherwise fall in large part 4 million dollars of that on the city for the cleanup

will improve public health residents of East Oakland reduce exposure to legacy, contaminants. Happy to answer any questions. All right. Thank you. He's taking questions from my colleagues. All right.

Let's go public speakers place. Thank you for that again, as I call your name, please approach the podium. Any order if you're participating online, please raise your hand so we can easily identify

you. I have de la Bala Kevin Dally m player Beekman in any order, please. Thank you. When you look at the grant, it says that this grant tip food with Clive 25% coal's share. Match. What what which

can be chaos on in kind excluding other federal funds. So do we have to come up with some money with this grant? Hello. Do we have to come up with some money with this grant to match? 25% of the

grant. Okay. All stay at you. You stay at me. Somebody say something. The nation waiting answer. I understand this. This as you always point out, not not back and forth. It's not question in Florida.

The question you got it. You can ask all you like that. I ask that you can't if you're not worried about the fact that you might have to come up with money doesn't mask just to show me you don't have

to. And I'm Good eyes. Important. Finished your I don't want to I don't want to take your time. It's not taking my time is answering the question. Does this grant require us to come up with matching

funds? Yes, and no. And it says that it typically requires 25% of his not 25%. What is it if it's not at all, say it? It wasn't a report at all. I yielding the remainder of your time. I'm not really

And Wayne got one procedurally to have something done procedurally when you don't do stuff procedurally, correct? You can have it both ways. I'm happy ask the question, but this is your time answer

the question. Please. Thank you. Sure. So there is a 25% match of the 3 land. Also to be 1 million dollars. And then the agenda report. It was identified the source of those funds, some from one side

to a settlement and some from the city. The city facilities fund. Thank you for that. And then next speaker was Kevin Dally. But I do not see Kevin in the room and Blair Beekman. So those concludes

your speakers for item. Okay. I will make a motion to put that on the consent calendar. And that was a motion by council Chair Unger seconded by Councilmember Gallo to approve item 8, 2 before to the

OCTOBER 20 at City Council agenda on consent on Row Councilmember Gallo, That's your eye. Thank you so much. Council member who Wang is excused and then I thank you so much. And that is a motion by

councilmember other seconded by COUNCILMAN To approve item 8 to be forwarded to the OCTOBER 20 of City Council agenda on consent and that complete sure discussion items. We will now move to our last

item, which is open forum. As I call your name in any order, Kevin Dally, again, I do not see him out the block. Bala in Blair, Big Ben. So currently I don't know if you're doing it. And that supposed

to be negotiating with contracts for you. City employees. Now that problems with your union because union tried to manipulate falsely that they wore a citizens initiative and put measure on the

ballot. So you know, I don't care what happens with him, but I do care that 32 only 32% city employees live in Oakland. Is it's a a to have a demand for pay raises. For city employees. When you do

make a contribution to this city in any way. So 32%. Of city employees. 92% of police in 80 some percent of firework. Those don't live in Oakland. But they want to demand that the people that do

Livia, give them money to take today. A community says spent all come, they don't make a contribution to the as you, Kate. Came as new measure would have a m a. I is all about the okay. Is one you

gotta Again. Our next speaker was Kevin Dolly, which I do not see in the room or Blair Beekman. So that concludes pinpoint speakers. Thank you. That's a wrap. Thanks,