Public Works Committee - Regular Meeting

We're waiting for one more council member to join us so we can have quorum.

Good morning, and welcome to the Public Works and Transportation Committee meeting of today, Tuesday, February 24. The time is now 11:34AM, and this meeting has come to order. Before taking roll, I will provide instructions on how to submit a speaker's card for items on this agenda. If you're here with us in chambers and you would like to submit a speaker's card, please fill one out and turn it to a club representative, my left, your right, before the item is read into record. Online speaker requests were due twenty four hours prior to this meeting, making that time yesterday. At 11:30, the meeting came to order at 11:34. Speaker cards will no longer be accepted ten minutes after the meeting has begun, making that time 11:44. With that, we now proceed to take roll. Council member Gaio? Soon.

Thank you. Council member Houston? Present. And council member Wong?

Present.

Deferring to the parliamentarian. Thank you.

Council member Wong, I believe that you're participating remotely. If you could just state the general circumstances for your remote participation and then also specify whether there is any adult in the room with you and if so the nature of their relationship to you.

Yes. I am recovering from a cold, and there is no adult in the room with me.

Thank you. Council member Wong is present. And chair Unger?

Present.

We have four members present. And chair Unger, before we begin, do you have any announcements for us today?

No announcements.

Thank you. Moving to our first item of the day, approval of the draft minutes for the committee meeting held on 02/10/2026. And you do not have any speakers for this item. We have a motion made by council member Gallo, seconded by council member Houston to accept the draft minutes of the committee meeting held on 02/10/2026 as is on the roll. Council member Gallo? Council member Houston? Aye. Thank you. Councilmember Wong? Aye. Thank you. And chair Unger? Aye. This is with four ayes to accept the draft minutes of the committee meeting on 02/10/2026 as is moving to item two, determination, excuse me, of a schedule of outstanding committee items. This is also known as your pending list.

And you do have one speaker for this item.

Okay. Any amendments from colleagues or staff on the pending list? Alright. Let's hear from our speakers please.

Miss Asada?

There needs to be a report on why where white lines are supposed to be put down but with paint, they're putting tape on the ground. So outside here, instead of the white lines being painted, they have tape. And what has happened is the tape has started to come up, and any engaging person can just step up and just rip the tape off, and we no longer have access for crossing or where caused nowhere to stop. I don't know why we don't have white paint outside, not only that, where I live on Keller and throughout the city, white painted areas for the dividing of the streets are nonexistent. And what is happening that we haven't been able to replace the white lines?

But over here, you need to fix that right away because something's going to happen and I know somebody is going to pull that tape up. You need a report on ticketing of stolen vehicles, that's something that should have been taken care of. You need to have a report of how the city stores once illegal dumping is hazardous waste materials. You need to have a report on the use of parks and recs. We have some park areas that are completely not being used, there's nothing happening, nothing.

And we need to evaluate that. I'll have my nearest park is Buck Buckhalter, beautiful park, but nothing is going on at that park practically. We need

to have a report on the protected bike lanes. You have variation of protected bike lanes, some of

them have those little sticks, that's not protected bike lanes. Some of them have concrete, some of them have absolutely nothing, particularly in areas 6 District 6 And 7. Lastly, you need to have a report on the property that is being used by the Oakland School of the Oath. They have put turf all the way on that property. That is not their property to put turf on. That's prop

Thank you for your comment, miss Asada. That concludes your public speakers for item two. Do see any motion?

So

moved. So moved.

Have a motion made by chair Unger, seconded by council member Gallo to accept the termination of scheduled outstanding committee items as is on the roll. Council member Gallo?

Aye.

Council member Houston?

Aye. With a for miss Sala, but aye.

Thank you. Chair Wong? Councilmember Wong?

All good. Aye.

Thank you. And chair Unger? Aye. The motion passes with four ayes to accept the termination schedule outstanding committee items as is. Now moving to item three. Adopt a resolution authorizing the city administrator to negotiate and execute an amendment to the nineteen ninety one delegated maintenance agreement between the city of California Department of Transportation to include the maintenance activities related to the Oakland Alameda Access Project and making CEQA findings. And you do have two speakers for this item.

Alright. Do we have a report from staff first?

Good afternoon, council members. My name is Ricky Wells, and I'm the regional partners project manager with the Department of Transportation. The item before you today will authorize the city administrator to negotiate and execute an amendment to the city's 1991 delegated maintenance agreement with Caltrans. This amendment supports implementation of the Oakland Alameda access project which is sponsored by the Alameda County Transportation Commission and being delivered in partnership with Caltrans, the cities of Oakland and Alameda and local stakeholders. The Oakland Alameda Access Project is focused on improving access to and from 880 near the Posey near the Western Posey tubes.

The goal is to reduce conflicts between regional and local traffic, simplify freeway access, and improve connections between Oakland and Alameda for all modes whether you're driving, walking, biking, or taking transit. Staff recommends that the city council adopt a resolution authorizing the city administrator to negotiate and execute an amendment to the 1991 delegated a maintenance agreement between the city and Caltrans to include maintenance activities related to the Oakland Alameda access project in making California environmental quality act findings. Under this amendment, the city would be reimbursed for certain maintenance responsibilities including activities related to the removal of persons experiencing homelessness which will be done in compliance with all applicable federal, state, and local laws and the amendment also covers long term maintenance of the new pedestrian and bicycle path leading to the Webster Tube which the city would take on after construction is complete in 2029. I do want to note that this amendment does not address Caltrans's or ACTC's immediate encampment needs during construction. That work is being handled separately.

There is no direct cost to the city associated with this item. Under the existing agreement, Caltrans reimburses the city for eligible maintenance work on Caltrans's Caltrans owned facilities and we expect this amendment to increase the overall level of reimbursement the city receives. This concludes my presentation and I'm available for questions. Thank you.

Thank you. Why don't we hear from council member Wong first as this is in her district?

Thank you, chair Unger. So, as mentioned, this is a major transportation project situation situated in my district. I have been part of ongoing conversations with Caltrans, ACTC, and Oak Dot on the mitigations for the impact of this project. I think long term, this project is going to be great, but there I have some concerns, and I am making a motion to continue this item to the March 10 committee, because at this point, I have not been satisfied with how Caltrans has been partnering with us, in order to handle those encampments under the freeway that will need to be removed, for this project. I think it's noteworthy that California has a safe task force that was created last year to clear encampments and connect people with the care that they need.

Caltrans is part of that task force. At this point in time, I have not, been satisfied with our collective plan of, there's about 20 to 30 people that are under the freeway. And right now with relying just on the encampment management team, we all know we have no shelter beds, that essentially those people will simply be displaced to the block over into very busy commercial and residential, districts. And so I I I think it's just important that I continue to have these conversations with Caltrans and ACTC as well as, the encampment management team at OPTOP before we we make a vote on this item.

Council member Gayeo. Yes. Thank you

for that information. And certainly, we have known the relationship with Caltrans for and the railroad company for many, many years. So for my my only question to you is, you know, what what you're asking for is you're asking Caltrans to reimburse us for the work city employees do on that project?

Yes. That would happen once the construction is complete

Yeah.

And then we take responsibility for that. So usually that's what happens like that's Yeah. What we are have agreed to. The interim measures are currently being worked on with well between Caltrans, the encampment management team, and ACTC are working to deal with the current needs around removing the encampments and getting people into, I guess, appropriate Shelter. Shelter.

Yeah. But, you know, my my recommendation would be that if it's Cal trans property, Caltrans need to needs to be responsible and take care of it. Because the reality is the city cannot take care of its own property. But yet I'm out there cleaning the railroad, and I shouldn't be, or I'm out there cleaning Caltrans property or county property or the school district property that I clean because the school district laid off 30 custodians. So now I'm cleaning around the school so my children can walk to school and walk back home, including the parks because we're short of staff.

At one time, we used to have park attendees that would take care of every park, but we closed that down and directed them to a different department and so forth. So for me, it's since it's being recommended to come back that I would would and I know the Caltrans individuals because I talk to them daily and they help me in my neighborhood clean under the freeways, do Cal forty second. It's a Cal it's a state avenue. International's a state highway from from, High Street all the way to San Leandro. And that's why the highway patrol comes and helps me out in that area.

And I get, in my district anyways, Caltrans to come help me clean it up. But so I think that what I would like to recommend is that we, you know, bring back the numbers and what exactly is Caltrans willing to do. And because you're saying that they're gonna reimburse the city, but that takes a while or it never happens. And and but yet at the other end, I can't even take care of my can't even take care of city hall. It's that's not Caltrans property, and I don't have the staffing.

Look at Lake Merritt, the jewel of Oakland. It used to be the brightest, cleanest center in the city of Oakland, but you walk down next I walk with my family once a week and this thing's I can't even I mean, what I see at Lake Merritt is a challenge, but we need to be accountable and responsible what property is ours and make sure that Caltrans maintains and has the support to take care of their property within the city of Oakland. So that would be my recommendation is to, with council member Wang and that represents that area to bring that report back and show me the numbers and show me the timelines because your ex you're I I know that area well. I mean, it's right across from police headquarters. And it's a mess.

And yet, you know, as you go on the other side of Alameda, you don't see half or one fourth of what you see on the Oakland side. And with all due respect, I say that to you. Having grown up in the city of Oakland, I saw many things, but I never saw the cleanliness conditions we have today. And so I would like to have that information come back and to be very clear on the commitment that Caltrans is willing to do, because it is their property and they have a larger budget than we do. And at the end of the day, well, you know, they have people out of Santa Rita prison that are there daily cleaning up the place.

And I used to get those individuals weekly from Santa Rita through the sheriff, but now it's they're all going to Caltrans. But anyways, mister chairperson, I'd like to get that information back as well. I'll make that motion second the motion. Thank you. Just

following up on the on the rate here. What what's the total cost of our delegated maintenance agreement here?

So the 1991 delegated maintenance agreement that has not been I would say amended to adjust the amounts. So I don't know what the new amount would be, we would have to negotiate the new amount or the increase. But the Ultima, I believe, is no more than about 300,000. It's pretty low.

And this is for a very small

area? Portion about 200 feet.

So it's about I mean my understanding was that it's about $30,000 worth of $30,000 worth of work.

Oh, I'm sorry. Yes. This maintenance agreement is 30 about $30,000 worth of work.

And we're getting paid how much

for it?

That's what we would be up to. Okay. Up to $30,000.

Okay.

Council member Houston.

Good morning, Mrs. Wells. How are you?

I'm great. How are you?

Good. Good. Good. Thank you for the work. I've worked with Caltrans for many years, many years. CCMA many years and I know it very well. And I'm gonna be and I'm gonna agree with council member Wang. It's her district and I'm a I'm respect that like I wish I want all the council members to respect my district. And I'm a agree with Noel council member Noel Gayle on this one. On the one on the 29 sites that we had had of Caltrans and CCMA made sense.

It did make sense. This one right here, they have more resources than we do and $30,000 worth of work when you have to deal with encampments and things that. It's a lot more. It's a lot more intense when you're dealing with unhoused and have to get them shelter and things like that. So and they do have major resources. Caltrans has more resources than we do. So I'm just gonna follow the lead of the council member of this district to see what she wants and I can give her my expertise on working with them for so many years. Right? So I'll just just follow the council member Wang's lead on this one since it's in her district.

Thank you council member Houston.

Okay so I'm clear we have a motion to rehear this again at the March 10 committee meeting and a second. Okay let's hear from our speakers please.

Thank you. I want call your name. Please approach the podium. If you're participating via Zoom, please raise your hands. You're easily identified. As practice, we will take in person Zoom speakers before we will take in person speakers before Zoom speakers. Miss Asada and Kevin Dolly.

No item standard procedure. No item should be brought to this body in an incomplete state. Everything related to the item being brought before counsel should have all parts of the necessary components in place. So what we have here is we don't know how the encampment issue will be worked out.

Exactly.

That's incomplete. Then it says in the document, you anticipate the reimbursement from Caltran will cover the maintenance cost with no cost to the city. You can't anticipate anything. You need a factual presentation of agreement with Caltrans that you're going to get reimbursed, not you anticipate something, you don't do business like that. Also, you have a statement of the race and equity statement that black indigenous people of color are highly prioritized communities related to this issue.

No, they're not. Because this issue is related to the people that live in Chinatown, Jack London Square, and Downtown Oakland. You don't have a whole lot of black people living in those areas. Stop trying to make your race equity statements and have inclusion of black people when they don't. So please go back and if you don't have a race equity statement, say you don't have it.

Lastly, I don't see why Caltrans and you guys can't get together with an agreement that they take care of their property. When they had that fire at the BART station above the BART rails that shut down BART, that was their property. They have to fix areas where they have encampments and deal with them, and we got to stop like acting like you said, every encampment in the city of Oakland is our responsibility. Get with Caltrain with an an understanding memorandum that they will take care of encampments on their property. We don't do charity work related to the encampments.

Thank you for your comment, miss Lassada. That concludes your public speakers for item three.

So can I just get some clarity, council member Wong, on on what it is you would like to see when this returns to committee?

Why don't we, also just, add on what council member Gayle would like to see, which is, I I think we do need to have some more specifics on how, Caltrans responsibility versus the city's responsibility as it pertains to this. I know this is not the entire stretch of the project, but just that narrow path. But even for that, I think a little more clarity on that would be helpful.

Is that enough for you to know what to do for the next meeting or do you need more clarity?

Yes. So just to repeat, council member Wong, in addition to council member Gayle wanna see numbers around reimbursement, the number of home people experiencing homelessness that will need support, And what was the I think those were the two.

I think I would just I would summarize it as provide clarity on what Caltrans is willing to do and work with Caltrans on the homelessness encampment policy.

Okay.

Is that accurate?

Yeah.

Yep. That sounds good. Thank you so much.

Councilmember Houston.

So so through the chair, this this brings many issues. And the many issues is this is why we have to to implement and pass the encampment abatement policy because what happens is individuals move over to the city property then we have to deal with it. Right? So when they closed out I've been this. I experienced this. I know how this moves. The cow trying to clean up their area and they move over to city property. Now we have to handle that property. We have to handle that problem. This is a bigger problem than that. So I'm just gonna let the council member Wang and council member Gaye, I'm a father of their lead on this because it's it's huger than that and it's more costly than what they're saying.

Any other comments? Alright.

Or sorry. Council member Unger?

Go for it.

Yes. I just wanted to comment again more globally because this is not the only major infrastructure project that we have in Oakland where there are individuals in in in encampments below a freeway that will then need to be moved. And then to Councilmember Gayo's comments, just generally speaking, when it comes to Caltrans. I mean, many tents there are many tent based tie encampments under freeways. And I will say my experience through this project is I've been pretty unimpressed.

I think there's a level of, even in while in Maine, Caltrans is part of this task force, this statewide task force that is supposed to remove encampments and connect people to services. It's been it's been like pulling teeth in order to get more, more resources. You know, it's this kind of game of, well, encampment management team doesn't have any beds. At the county, apparently, we don't have any shelter beds either. I'm trying to think creatively in in New York City since they have a right to shelter policy.

You know, they've really relied on motel vouchers in order to, you know, house the homeless. Getting just some funding for some motel vouchers for, like, 30 people under this under this highway has been, like, pulling teeth. So it's it's been frustrating. I just wanna be blunt. I also wanna thank my colleagues for for their support and their advice on this.

Thank you, council member Wong. We have a motion made by council member Wong, seconded by council member Gaia to continue this item to the March 10 public works and transportation committee meeting with the supplemental report to be included that clearly demonstrates the numbers, timelines, and Caltrans commitments, Caltrans responsibility versus the city's responsibility, and what Caltrans is willing to do on the homelessness encampment policy. On roll, council member Gallo? Aye. Council member Houston? Aye. Council member Wong? Aye. Thank you. And chair Unger?

Aye. This motion passes with four ayes to continue this item to the March 10 Public Works and Transportation Committee agenda with the supplemental report as stated on record. Moving to item four. Adopt a resolution accepting the public infrastructure improvements, directing the filing of the unconditional certificate of the completion for the 440304440 4448 Howe Street Public Improvements per the subdivision improvement agreement for deferred construction of public infrastructure improvements and CEQA findings. And you do have two speakers for this item.

Okay. Let's hear from staff please.

Good morning. Reginald Basile, division manager for the right of way management division in Oak Dot. This is a project about development of single family homes on Howe Street, District 1, I believe. As is always the case, Oak Dot works with developers to make sure that as we develop private property, we also develop public infrastructure to match that development. We did that in this case, and the developer has done everything that we asked them to do. This legislation is about approving an unconditional certificate of completion that will allow release of $200,000 in bonds.

Okay. Council member Gaia, are you up here?

For the public, tell us what what are some of the actions? Know

The infrastructure items. Yeah. Right? I think we got four single family homes as part of this development.

They

did curb, gutter, and sidewalk. They did paving of the roadway and also upgrades to the sewer system. They put down $200,000 in in bonds to cover performance of the work and also labor and materials guarantee. And although we'll release the $200,000, we'll retain $32,000 as a maintenance guarantee for two years.

And the work will be done by

The work has been completed indeed.

Oh, it's complete.

Yes. It's all done. So some administrative delays on the side of the city. Admittedly, it's delayed the release of this fund. It's overdue.

Okay. And the funding source was?

A private funding source. Right? The developer puts up all the money to pay for the infrastructure improvements as well as, of course, the development of the real estate.

Got it. Thank you. Move approval.

Second.

Let's hear from our speakers, please.

Moving to our public speakers, miss Asada and Kevin Dolly.

So did they put down white lines, if any, or they put down white tape is the question. So the race equity statement says that the project will benefit low income disability seniors, and you you got all these groups of people. So, I went to Zello and looked at the price of these homes. 4,430 Howe Street is a three bed one three bedroom, one bath. Cost is $1.1.0.8 $2,000,000 and the monthly mortgage is $6,660.44 40 is 720,000 home with a monthly payment of $4,429 and then 4.48 I mean, sorry, 4448 Howell is a $2,100,000 house with a monthly mortgage payment of over 13,000 a month.

So how is this going to benefit low income disability seniors and blah blah blah and the other, is my question. Why you put false information in here that a severe rent burden people are going to benefit from having this property? No, they're not, this is a high maintenance piece of property. Why are you misleading in your document that this is going to be attainable for the certain groups of people when it's not? Somebody should be asking that question, and you you've got to stop lying, and you gotta stop misleading, and you gotta stop giving misinformation in your reports.

And if you don't, then you are just full of mhmm. And stop it. Stop it. This is supposed to be an open process. And how did that man get on the 11th Floor? Sometime today somebody's gotta answer that question.

That concludes your public speakers for item four.

Do you have something else to add?

I wanted to speak to the the equity issue. These are admittedly expensive homes. But the developer not only developed the private real estate, they improved the public infrastructure. Those are capital dollars and maintenance dollars that we can spend elsewhere. We didn't spend them here. We'll spend them elsewhere in the city where they are vitally needed.

Excellent. Thank you. Council member Houston,

do you have a comment? Yes. Thank you to the chair. Mister Reginald, how are you? What is the developer's name?

I'm sorry. I don't have it here. Okay. I can get it for you in minutes.

Yeah. Please do that. Thank you so much.

We have a motion made by council member Gaio, seconded by council member Houston to approve the recommendations of staff and to be forwarded to the 03/03/2026 city council agenda on the roll. Council member Gaio? Aye. Council member Houston? Aye. Council member Wong? Aye. Thank you. Chair Unger? Aye. The motion passes with four ayes to approve the recommendation staff before this item to the 03/03/2026 City Council agenda and through the body. Would that be on consent or non consent?

Consent, please.

Thank you. On consent. Moving to item five. Adopt the following pieces of legislation. One, a resolution authorizing the city administrator to award a construction contract to Bayline cutting and coring in the amount not to exceed 3,331,144, waiving the 5% maximum mobilization requirement per section nine three point four of the project specifications and adopting appropriate CEQA findings.

Two, a resolution authorizing the city administrator to amend the professional services agreement with Biggs Cordoza Associates for design for Adeline Street Bridge seismic retrofit project 1000967 for increasing their project number their project increasing the project amount by $200,000 for the total contract amount not to exceed $918,000 and adopting appropriate sequel findings. And three, a resolution authorizing the city administrator to enter into a professional services agreement with Biggs Cardoza Associates to provide special inspections and material testing services for the Adeline Bridge seismic retrofit project, 1000967, in the amount not to exceed $200,000 and adopt the appropriate CEQA findings.

And you do have three speakers for this item. Okay. Let's hear from our staff first, please.

Good afternoon. My name is Amit Selvan, principal civil engineer with Department of Transportation. So this is regarding item number five for Airline Street Bridge. I have a PowerPoint presentation. So this item is for Airline Street Bridge seismic retrofit project construction phase.

So the Airline Bridge Airline Street Bridge is located south on of 3rd Street in West Oakland. It spans the Union Pacific Railroad tracks and serves as a critical freight and passenger corridor linking the port to Interstate 880 and the regional highway system. The project will bring the structure to a no collapse performance standard ensuring the bridge remains operational following a major earthquake and safeguarding the continuity of rail and port operations. So the next slide is regarding bridge conditions, funding status, and the schedule urgency. This bridge is the bridge condition is rated poor in recent Carlton's inspection reports, and the structure evaluations confirm its seismic vulnerabilities.

So the project is funded by Federal Highway Bridge Program with a total federal funds of 3,700,000.0 with a local match of 4,092 thousand 202 from Mayor KK. Calton's deadline to authorize this contract is March 2026, that's next month. Therefore, timely approval is required to avoid funding risk and delay. So for this project, we have three resolutions today. So the first one is awarding a construction contract to Bayline Cutting and Coring INC, the lowest responsive and responsible bidder, and waiving the 5% maximum mobilization requirement.

Mobilization is preparatory work that must be performed or cost incurred before starting actual construction. Bayline cutting and coding INCs, they submitted their they were the apparent lower bidder. However, their mobilization line item was 9% of the total bid amount, which exceeded the 5% maximum allowable. Staff finds that mobilization line item exceeding the maximum cap constitutes a minor and immaterial big irregularity that may be waived because the deviation does not alter the bid's total price, does not change the scope of work, does not affect the quality or the quantity of the work to be performed and does not provide a competitive advantage over other bidders. So Citi's acceptance of the bid will result in substantial cost savings to the public compared to the next lowest bidder, which is approximately 572,000 higher than the lowest bid.

And the second item is to amend the professional services agreements with Biggs Cardoso associates for design services by increasing their contract amount by $200,000 And third one is entering into a professional services agreement with Biggs Cardoso Associates, INC, to provide special inspection and material testing services for an amount not to exceed $200,000. The next slide is regarding a disadvantaged business enterprise program. So this is a federally funded project. So therefore, the city's small local business requirements do not apply. And in October 2025, the US Department of Transportation suspended all context goal settings under the DBE program.

Accordingly, the city did not apply DBE goals or evaluate good faith efforts in the award determination for this project. Therefore, DB participation was not a factor in determining the lowest responsive and responsible bidder as well as for the professional services agreement. That was the end of my presentation. I'm available for questions.

That's great. Thank you for that. Questions? Council member Houston.

Question to the chair. Good morning. If they didn't waive that 5% mobilization, would they have qualified for that bid? Would they have been the lowest bidder?

Yes. They were the lowest bidder. So the second lowest bidder is still 572,000 over that lowest bidder.

So why are we waiving the mobilization?

Because even if we waive the mobilization, the bid price will not change. So we are still getting the lowest bid price. And according to regulations, it's an immaterial variation. So because it's city requirement that we try to cap the maximum mobilization to 5% because we don't want to pay contractors upfront without doing any work, but LTAMDS does not consider this as a any major variation.

So the city city of Oakland is paying contributing 494,000,000 and $202. Is that there?

$492,000. Yeah.

Yes. Thousand. And with change orders, who pays for that when it comes to change orders? Will the feds pay for that or Oakland?

It depends. First of all, if the change order is for the original intent of the project, to complete the original intent of the product, then it is considered participating cost and then FADS will pay their 88.53% and then city has to come with 11.47% of the local match.

And if they to the chair. If they added in that 5% for mobilization, how much would that be?

Can you repeat?

The 5% mobilization, how much would that be? I'm just saying if they

The price is already in the bid. It's just we are just not saying that it's not a variation from the bid. So prices are they are getting 9% of their so they put 9% as their mobilization cost. They are still getting 9%, but they are still almost $600,000 lower than the second bidders.

So why are we mobilizing? Mean

If I may,

I think the difference is, and please correct me if I'm wrong, but I think the difference is they just get that amount paid upfront. The total amount does not change.

Upfront? Mobilization

costs. Get

mobilization upfront. Yeah. So they waving the upfront money? They will get

more upfront money than our usual 5% cap. But the overall amount does not change.

Okay. So you're saying so on on the change orders, so what's the percentage that the city would pay if they do change orders?

For bridge projects, it's 88.53% from federal funds and 11.47 from local match.

Will this come back to the city for to find out if what the change order amount is going to be?

So in contractor, we have 25% alliance. If we exceed by 25%, we have to come back to the city council for approval.

Okay.

Council member Gallo. Yes. I'll make a motion to approve the item. Thank you. Thank you for that information.

I'll second it. We have speakers.

Moving to our public speakers, miss Asada, Kevin Dolly, and Robert Prince. If you are participating via Zoom, please raise your hand. You're easily identified. We will take in person speakers before Zoom speakers. Thank you.

I'm willing to follow Robert Prince if he's if he has but because I'm Kevin Dally from Transport Oakland. I I'm probably repeating some of Robert's talking points. This is an important bridge. Of course, there I'm hoping that there is an ADA review. The current sidewalk is not ADA compliant on either side.

One side ends in with drop off onto an asphalt path, the other side does have a curb cut except there's no curb cut on the sidewalk on the opposite side. This is an important bridge, of course. You know, I have memories of crossing walking across the bridge during Occupy Oakland marches, and I look forward to seeing the bridge replaced, but I'm I'm hoping that there will be an ADA review process.

Does the city of Oakland use the design build method for projects? Okay. So you have the option of using the design bill method. Design bill method says that you hire the designer and the contractor at the same time. They submit both of their recommendations.

You can refuse or you can accept, but the no change orders is the arrangement. So once you have a statement that says the bridge is essential for freight movement. That means once you don't have access to the bridge, since it's essential for freight movement, what is the contingency plan when the bridge is not available, since a whole lot of use of that bridge is currently what's happening. Then the other thing is you're saying that you want a no collapse status once you complete the bridge the new bridge. So, at this point, are we saying the possibility is that that bridge can collapse?

Is that a possibility? And with that possibility, what do we do? And that reminds me that the Police Administrative Building has been identified as a seismically unfit building and it should be demolished, and you're not doing anything for years, and that's a very serious safety hazard. The last thing I wanted to ask you is about the alternate routes that have to be created. Have you established that already to say that we will be able to create alternate routes since we have this essential freight movement going on?

What is the you say the timeline design is complete in 2026, you start the project in early twenty twenty seven, and you conclude in 2028, and I can tell you dealing with projects with OUSD most of the time that never is the case. You're probably going to have an extension of of the construction completion date.

Thank you for your comment. That concludes your public speakers for item five.

Okay. I believe councilmember Wong has her hand up.

Yes. Thank you, Councilmember Unger. One question to staff. I am just surprised given that this bridge is connected to a major arterial that and given that it's so critical for the port and goods movement and freight movement that it is a bridge that must be maintained by the city instead of Caltrans. Can you just explain why it is the city that is taking on this responsibility instead of Caltrans?

We own 38 bridges in the city of Oakland. And however, the city does not have resources to inspect those bridges. So we have Carleton's inspection structural inspection team. They do inspections every two years of the for all our structures. So based on those reports, they provide us recommendation what should be done to those structures.

And after that, there is a highway bridge program, federal funds, which are given to the agencies to do the work on their bridges or their structures, whether it's seismic retrofit or replacement, depending upon the condition of the structure. So responsible city for maintenance of the bridge and also for doing the work, but it's most I have not seen anywhere that the city paid for the 100% paid for this bridge work. It all comes from a high highway bridge program.

No. I recognize that, but it still requires a local match of what, around $500,000. So I just, especially I think this is in some ways a continuation of the conversation we had on the previous item. But just, you know, again, on on Caltrans and is it can you just provide clarity on what what are the types assets that Caltrans is responsible for maintaining in terms of highway bridges and things like that versus the types of assets that the city is responsible for? And and is there room to negotiate that?

Through the chair, my understanding is Carleton's responsible for all their structures, which is in their highway system and the city is responsible for all the roads which are within the city's limit, even though any road that is underpass from the on the freeway areas are also city's responsibility.

Okay. Thanks.

Councilmember Houston, are you have your light on?

Through the chair, I'm good with safety. Our bridges because mine's just collapsing over there on in on Hagenberger. So I understand what this how important this is, but I still wanna know about numbers because I'm always trying to save the city numbers money. On this so 25% of the $4,000,001.06 $3.09 $3.00, if the change order did happen would be $1,000,000.03 $4.02 $3.02 5, but the city of Oakland would only be responsible for a 125,000.

Yes. 1111%.

Yeah. Yeah. I'm just trying to get these numbers because we don't have any money and I'm just trying to but safety is important too. So that means we'll be coming up with about $500,000 for this bridge out of our money if that change order of 25% are yeah. Did go. Right? Yes. Okay. I'm good. Thank

you. We have a motion made by council member Gaiau, seconded by council member Unger, chair Unger, to approve the recommendation of staff and to forward all pieces of legislation to the March agenda. On roll, council member Gaiau?

Aye.

Council member Houston? Aye. Council member Wong? Aye. Thank you. And chair Unger? Aye. This motion passes with four ayes to approve the recommendations of staff and to forward all pieces pieces of legislation to the March agenda and through the body. Would that be on consent or non consent?

Consent, please.

Thank you. Moving to item six. Adopt a resolution of ending resolution number 89703 authorizing the city administrator to acquire from Home Depot Inc. A seven seven hundred and seventy six square foot parcel with a 130.93 linear feet of the access control and a 14,179 square foot temporary constructor easement in the total amount not to exceed 975,659 for the construction of 42nd Avenue and High Street access improvement. And you do have three speakers for this item.

Okay. Let's hear from staff again, please.

Thank you. For the record, Amit Selvan, principal civil engineer with transportation Department of Transportation. I have a short presentation for this item. So this item is for I-eight 80 42nd High Street access improvement project. The scope of the project involves extension of 42nd Avenue from I-eight 80 off ramp to all the way to Alameda Avenue.

And then another extension is from Jensen Street from High Street to Alameda Avenue and other street improvements. So background for this project. It's a major street construction project initiated in 1999 that requires acquisition of property rights from multiple owners. And the timing of design collided with Carlton's I-eight 80 High Street corridors retrofit project. Therefore, our final design was on hold until Carlton's project was complete.

So this project is designed to improve traffic circulation along I Street, I 880 off ramp, on ramps, and Alameda Avenue, which includes traffic signals, sidewalks, and bike lane connections. The project is right now is in right of way phase. All property rights need to be acquired before construction authorization. So for this item, we are We are coming with a resolution that will amend an existing resolution authorizing the city administrator to acquire 776 square foot parcel with 113.93 linear feet of new access control and a 14,179 square foot temporary construction easement in a total amount not to exceed $975,659 from Home Depot USA INC. So the requested not to exceed amount is comprised of the cost of the fee for simple equation, temporary construction easement for a period of two years, access rights, and reimbursement for Home Depot's rental costs for a temporary auxiliary water pressure pump as a result of the city's use of this easement area.

For this item, local funds measure you will be utilized for this equation. The next exhibit shows us some the area map where we will be acquiring property from Home Depot. If you see the 42nd Avenue, this is a proposed 42nd Avenue from 880 off ramp to Alameda Avenue, and we will be building a retaining wall along the Home Depot property line. And for that, the blue line the blue area shows where it will be permanent equation, which is seven seventy six square feet, and the green area is required during the construction for excavation and for our contractors' crews. And then there is X Calton's excess control length, which is a requirement for any property which is adjoining freeways.

So this is the estimated schedule. So for this item in front of this body is for access control and property acquisition from Home Depot, And then we will be coming again in winter twenty twenty seven for temporary construction easement from others, which is under process right now with our city attorney's office and real estate team working hard on it. Right of way acquisition right of way certification will be requested from Caltrans in summer twenty twenty seven and authorization for construction is expected in fall twenty twenty seven. And for bid and award, we'll be coming to the city council again in fall twenty twenty eight, and I'm expecting construction from summer twenty twenty nine to summer two thousand thirty one. Available for any questions.

Council member Gayo.

Yes. Thank you. Thank you, and thank you for the information. We've been waiting for this project for over ten years. Even the the state of California had given us money to con make the street connections on 40 to Alameda, but we haven't done it.

And so I appreciate the work you're doing in terms of working with Home Depot. For the members of the public, right on the other block, you have Prologis. It's building 27 acres of manufacturing, retail space, as well as some housing that's gonna increase the population on these streets here. And so so I support your recommendation, and we need to get it done. The property right there where 42nd Avenue connection, that prop property is privately owned where it used to became a homeless site, but now it's a containerized site.

And so that property is up for lease and for sale. But then right across the street from that property is a city owned property. Right? That we did have homeless encampment management in there, but now we're doing some other activities. But so that property is extremely valuable, and and I appreciate the connections that are being made.

So we can keep businesses and bring other well, Prologis is one and Home Depot will stay in Oakland with that work. And then the other members of the public, yeah, right across the street, alimiter away across from Home Depot, I met with the the Brink's company. And they've invited me to come over because they have 20 222 employees with their big trucks there, but they're already threatening planning to move to San Leandro due to the fact that we're not maintaining that area in terms of traffic and the safetiness and so forth. So I thank you. Thank you for this information and anything that we can do to get it done.

Let's get it done, miss, so we can keep the businesses and keep growing the jobs for the neighborhood. Thank you. And I make a motion to approve the item.

Okay. I'll second it and then we'll go to council member Houston.

Thank you. Through the chair support council member Noel Gallo, a 100% on this project. He's been waiting a long time for this. Can I get a PowerPoint? Can you send that to me to my office a PowerPoint? Yes, sir. And I wanted to find out. So you said it's approved and it's gonna be going to for approval 2028? Is that when it's going?

Because I

want I like to

say the construction contract will be awarded.

And then when will it break ground? 2029?

Yes. Summer twenty twenty nine.

Summer. Summer. Summer. So that means we have to keep that area. Council member Gao gotta keep that area tightened up until then. Wow. That's a lot of big responsibility. Okay. So I I'm good. I got the answers. Just send me the PowerPoint. Thank you.

Thank you.

Council member Wong, I believe you have your hand up.

Yes. Thank you. I I know that this is an incredibly important project. I do have some questions just though, however, that this is essentially, you know, around a million dollars that we would be giving to a private company, Home Depot, and they have you know, this is a company whose, you know, revenue back in 2021, I was just looking up as something of a $151,000,000,000 in revenue. I just wanna make sure that this is really, can you walk us through why they need this money?

And, also, how do we assure that this is really gonna be spent on the purpose that is outlined in the report rather than anything else that, you know, Home Depot may need?

Yes. So as I said, this item will be paying for four items. One is permanent acquisition. We will be taking over Home Depot's land that is seven seventy six square feet, which will be used for our retaining wall construction. That will be taken by the city.

And then we also need temporary construction easement because we will be taking on their parking lot to do the construction. So that is a compensation for at least two years, we will be blocking their parking lot and that is compensation for that. And then a major then Calton's requirement is they cannot put a driveway on their property because it's close to the freeway ramp. That's one item for compensation. And the biggest compensation is for the temporary water pump.

That is because during the construction, we will be taking out East Bay Mard's pipeline, which is supplying water to the Home Depot building and which will adversely impact their water pressure for the fire sprinklers. So during the negotiation with the city attorney office and real estate department and and others, so they they came up with a number where to compensate Home Depot so that they can have a temporary water pump in in case of any fire event so so that the city is not liable for any issues such as that. So I think almost two third of the cost of this $1,000,000 is attributed to that water pump issue.

Yes. Okay. I see. And for me, it's just very important that if we do approve this money being used for this purpose, I mean, Measure U funds are precious. They are being spread thin, and I I just wanna make sure that we don't find out two years from now that Home Depot use like, we we have to have some sort of control to make sure that they are actually using this money on the water pump. And I I don't wanna find out two years from now that they used it to spend on some other, you know, use because, you know, they have many I'm sure they have many needs as a business, and I just wanna make sure that that the money going out to a major corporation is gonna be used for their purpose that, is really being outlined here.

Through the chair. I was not part of the negotiations. It was done between attorneys, and I think it's more like a legal matter whether they use it or not. I I'm not very sure. But I what I can understand is it will relieve the city from the liability if something happens that because we have paid them for taking full precautions.

Okay.

Council member Gaia.

Yes. Let me just you know, if Home Depot is a major employer, and considering the environment around Home Depot for many years, they've threatened many times to leave Oakland. Alright. So but the reality is that the investment they have made, considering that they have prologistix at the other end, that 37th Avenue is gonna be connected all the way through to allow traffic to have greater access. And and so we do need to what what Home Depot's referring to, that's East Bay Mud area that's been holding us back from connecting the streets for many years.

So I'm glad you, worked with them to to establish an agreement because at the end of the day, that project is gonna benefit the city of Oakland. And, certainly, the the the the manufacturing, the development that surround it, for those of you that don't know that area, it's you know, creates a lot of not just employment, but also a funding source for the city of Oakland in the future. And and that whole block, two, three blocks is gonna grow tremendously. And, you know, parks and the parks public works department is down the street that I think one day will will help us have a greater, cleaner, safer city with with this growth here. So we need to make sure that Home Depot stays in the city of Oakland.

Thank you.

Moving to our public speakers, miss Asada, Kevin Dolly, and Robert Prince. If you're participating via Zoom, please raise your hand so you're easily identified, and we will take in person speakers before Zoom speakers. Thank you.

Hi. Kevin Dally from Transport Oakland. Since 2020, this project has been imminent. And I know that Robert Prince and Baikis Bay have been trying to get some changes to make it more pedestrian and cyclist friendly. And the excuse for the last six years has been, no.

We can't make changes now. We're too far along, and we're getting ready to build the project. So there there's a few items. Current eastbound Alameda Avenue painted bike lane dead ends in the proposed new sidewalk at the Home Depot entrance on the west side of the project, no transition. The new proposed 42nd Avenue bike lane east of Jensen dead ends at 880 Ramp and S R 185 entrance with no receiving bikeway.

Pedestrians within the island between Howard And Jensen have zero connecting facilities to 42nd Avenue or Alameda Avenue. Car lane widths should be reduced to 10 or 11 feet throughout the project. This is the Oak Dock standard. Narrow lanes mean reduced speed. You need 11 feet for buses, but maybe for some of the big trucks, you don't need the 12 foot widths.

Howard, Jensen, and High Street are all candidates there and the striping should be updated for the bike facilities and crosswalks to meet current Oak Dot guidelines. So can we get this through? As I said, they've been talking to Oak Dot for six years about these changes and it's always too urgent to get changes. Definitely appreciate council member Gayos wanting to move ahead, but it should be better. Thanks.

What's the source of funding? I didn't see it in the report. She mentioned it. Thank you, sir. That last item with the bridge, anything in West Oakland and you have a project, you have to ask what is there going to be soil contamination determination, and will there be remediation of any soil contamination if found?

It probably is going to be PCB and lead in the soil. Are you just going to let it stay there or are you going to remediate it? That's an important point. With this, I'm glad that the council member Wong brought up, we have a lot of projects going on related to the need for sidewalk, for traffic signals, not too much on bike lanes, but to have to spend close to a million dollars in order to get the project going. And we got projects where we don't have to spend money.

Money, and you can't use the term, Mr. Gayeux, I've been waiting for a long time, not with me, because I've been waiting a long time for reparations, okay? I've been waiting a long time for black contractors to get a fair deal. So we've been waiting a long time for a lot of stuff and you can't use that as a priority for why your projects should move on, in my opinion. It is also my opinion that bike lanes in that area is very inappropriate.

They even have something about bike lanes on International, I don't know how you all have bike lanes on International in Fruitvale, non existent. I would hope that the construction project or any construction project has a legitimate reason why this project is being chosen over other projects because of what it's a health safety issue, that's a reason. But just because we've been waiting a long time, I I've heard nothing

Thank you for your comment, Ms. Lozada. We do have a motion made by council member Gallo, seconded by council member Unger to approve the recommendations staffed and afford the site until the March 3 city council agenda.

I believe I believe we have one more comment. Council member Houston.

Yeah. Just through the chair, I just have one comment. Does the city have to do any remediation on the site? Do we have to get do anything to get it ready for the development before the developer or before the contractor takes take it over to do it in 2029?

It will be part of the contractor's scope to clear for clearing and grubbing the area where they will be working. Rest will not be touched by the contractor.

And all that will start around 2029? Yes. Okay. Thank you.

I will restate the motion. We have a motion made by council member Gaiau, seconded by chair Unger to approve the recommendation of the staff and before deciding until the March 3 city council agenda on roll. Council member Gaiau?

Aye.

Council member Houston? Aye. Council member Wong? Aye. Thank you. And chair Unger? Aye. This motion passes with four ayes to approve the recommendations of staff before this item to the 03/03/2026 city council agenda and through the body. Would that be on consent or non consent?

Consent, please.

Thank you. On consent. Moving to open forum. We do have two speakers for open forum, Kevin Dolly and Ms. Asada.

I think that it's important that your encampment policy come forward with some solid recommendations because we have too much going on that is not being dealt with related to these homeless encampments. And that is no attack on the homeless community. As much as possible, we respect the community, but there are issues that have come about as a result of our encampments being in the city of Oakland that are causing health and safety problems, and they are interrupting the quality of life for many homeowners and people living under these encampments. So when is that going to happen, Mr. Houston?

I hope it happens soon. We also have to understand that because we have a lot of people as residents in homes, I can't finish my thought, but I hope that comes forward, mister Houston, soon.

Thank you for your comment. Kevin Dolla, would you like to speak? That concludes your public speaker's short form form.

Alright. I believe do you have a comment, council member Houston?

Through the chair I'm not sure if I could respond to public comment.

I it don't believe so.

I'm actually wanting to make a comment.

You can make brief remarks in response to the public but we we need to stay on the topic of open forum so please keep the responses short.

It'd be real short. The EAP is coming soon. Spoke to the mayor office, spoke to the city attorney, spoke to the city administrator. We worked out all the kinks, all the the pieces so it should be coming soon and to change the the public health and safety for our on house individuals that need to be treated humanely at the same time to make it clean and safe for our streets and our businesses to bring more businesses here. So that's coming full bore to full counsel.

Okay. I believe with that we are adjourned. Thank you.