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Good evening. The July 23rd, 2026
meeting of the Brisbane Planning

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Commission will now come to order. May
we have a roll call, please?

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» Yes. Commissioner Funka
>> here.

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» Commissioner Laauo,
>> present.

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» Commissioner Saison,
>> here.

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» Commissioner Watziaak
>> here.

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» And Chair Gooding
>> here.

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Thank you. Uh, may I have a motion to
adopt the agenda, please?

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» I'll make a motion.
>> I'll second that.

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» All in favor?
>> I. Motion passes with five eyes.

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» Uh is are is there any commissioner who
would like to remove any item from the

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consent calendar?

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» Hearing none.
[clears throat]

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Right. The consent calendar, as I
understand it, includes uh adoption of

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the uh meeting minutes for the last
three meetings of the commission. Um,

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and we have a motion to adopt the
consent calendar.

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» I so move. I'll second.
>> All in favor?

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» I
>> I.

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» Motion passes with five eyes.

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» Um,
we have time now for any oral

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communications from anyone who wishes to
speak to the commission on items not on

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tonight's agenda. Repeat, not on
tonight's agenda. Is there anyone who

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would like to address the commission uh
in that manner either in the room or

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online?

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Seeing none in the room
and none online, we'll move on. Thank

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you.

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Uh moving on to written communications.
We will acknowledge that we have

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received written communications from um
at least the following. uh Anthony

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Walker regarding um greenhouse gases. Uh
the Beayshore Sanitary District

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regarding um um compliance and agreement
between uh our our proposed plan and

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their uh protocols. Um from Kim Folian
uh generally in support of the specific

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plan.
um from Clara Johnson regarding uh

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numerous items in the EI
uh from BDI in response to questions um

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from the last meeting and from Chris
Florowski regarding the Geneva extension

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and I are there any other written
communications that we've received since

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then?

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» Uh he acknowledges Claire Johnson. None
none additional. Thank you very much.

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» All right, going on to
new business.

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We will be hearing tonight's item D.
There's a continued public hearing

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regarding the Baylands sub area
environmental review 2021-ER1

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specific plan 2021- SP1 zoning amendment
2021-RZ-3

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general plan amendment 2021-
GPA-2

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and does that include the mobility plan?
Yes.

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» Yes. Thank you. I thought it did. Thank
you.

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» Okay.
>> So, first up, uh, do we have any staff

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presentations for this?
>> Yes. Thank you. Good evening, chair and

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commission. So, at last
Thank you. Okay. At uh the last meeting

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on June 30th, staff brought some
information to the commission per the

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commission's request um on five topics.
So, those are summarized in the report.

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I won't revisit them here. Um, tonight
we will also address additional topics

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brought up by the commission
um at that meeting. We'll also go over

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some proposed modification staff
recommended modifications to the

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specific plan um to clarify average
minimum densities uh provisions related

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to hospitality uses and building types
and clarifying state regulated

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remediation and the monitoring process
relative to city issued uh permits and

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development procedures. and we'll also
revisit staff's recommendation on the

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commission's actions related to this
project. Um, I want to acknowledge the

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city team here tonight. So, in addition
to myself, we have Jeremiah Robbins,

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senior planner, um, the city's new city
engineer and deputy public works

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director, Roland Dip, who's been here
for about a month. Um, Eric Phillips,

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special counsel with the city attorney's
office. On the consultant team, we have

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a mix of inerson and virtual attendees
from um ESA, environmental science

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associates, including Terry Ovula, um as
well as team members specializing in air

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quality, energy, GHG, noise, cultural
resources, hazards, and water. Um ESA

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team members specializing in land use
and planning and subconultants fair and

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peers regarding transportation and site
lab regarding urban design. And finally,

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we're also joined by um our consultants
with EKI. So, we have Michelle King here

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in person from EKI and I believe John
Montgomery Brown online. Um, and again,

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they're the city's consultant team
reviewing the Baylands remediation

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planning documents for us.

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» Okay, I'm going to hand it now over to
Jeremiah.

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» Thank you. Staff included four
attachments to tonight's report to

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respond to topics raised by the
commission on June 30th which included

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clarifying information on the topics on
the screen here. Staff uh has summarized

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them here. Uh the first one is uh on the
base mobility plan. There was request

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for expanded discussion of how the BMP
integrates with regional transportation

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plans and the feasibility of
constructing right ofway improvements

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proposed within the BMP without
implementing a road diet. Regional and

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state transportation plans recognize
Beayshore Boulevard as an important

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corridor, but none of them require it to
stay four-lane a four-lane regional

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route. Instead, they emphasize safety,
multimodal access, and operational

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improvements. This ultimately provides
the city with flexibility in how it uh

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redesigns the corridor. As for rightaway
improvements, the feasibility of

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implementing a continuous class one bike
path while maintaining the existing

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four-lane roadway configuration varies
throughout the corridor, potentially

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requiring reducing the width of the bike
path. Uh additional right ofway

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acquisition, retaining walls, utility
relocation andor removal of other

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transportation featur features uh
meaning additional engineering

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evaluation would be necessary. The
second one was uh to provide examples of

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development projects in California with
required or voluntary net zero

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greenhouse gas emissions. The projects
included on that table in the attachment

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to SAS report are either required by
local or regional regulations or

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voluntarily pursued for streamlining
project approvals and judicial review of

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SQL lawsuits. Neither of these scenarios
apply to the bail specific plan. The

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third one was to get more information on
the remediation requirements of the

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Schlage lock site in San Francisco and
whether it impacts development and

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remediation of the Brisbane Baylands. So
development in the bridgebane baylands

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will be required to prevent exposure to
chlorinated volatile organic compounds

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CVOCC's by either demonstrating through
a sight specific risk assessment that no

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significant risk is present or by
blocking or minimizing the vapor

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intrusion pathway from those CVOCC's in
soil vapor that originate from the

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Schlage operating unit. That's the one
in San Francisco groundwater plume.

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These requirements are included in the
approved remedial action plan and

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accompanying human health risk
assessment prepared for the operable

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unit SM. That's the one in Brisbane on
the northern portion of the Bayland

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site. And then the last one here is to
get some more information on the role of

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sight specific environmental management
associations SSAs

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um and how they might be used for large
contamin contaminated sites. So um the

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both the DTSC and the waterboard will
utilize SSMAs to manage sitewise

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contamination and regulatory compliance
on sites that will be subdivided in the

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future. A local example is SPEMA. That's
the Southern Pacific Environmental

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Management Association. Uh, and it's a
mandatory association of property owners

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created in 1999 by order of the water
board to handle the joint environmental

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affairs of all current and future land
owners on the former zero point landfill

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for both cleanup and ongoing abatement
actions.

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» All right, thanks Jeremiah.
Oops. Okay. Um, we also provided

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information in the staff report on
recommended clarifications to the

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specific plan. Um, and this is building
on topics we've already introduced uh at

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prior hearings. Um, but at this point,
staff is making a recommendation on

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them. So for chapter 3, um we are
recommending that the plan be clarified

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regarding how minimum density and
intensities are averaged throughout the

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specific plan area, including within the
uh station area around the Cal Train

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station.
Um, we're also suggesting some changes

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to uh modify how hospitality uses are
permitted in the plan. Um, to

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essentially permit them in both
highdensity commercial and mid-density

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commercial designations
um and to allow those building types to

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similarly be permitted in uh mid-density
districts.

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Um we

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we're also recommending some
clarifications to chapter 9 of the plan

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which addresses implementation. So,
these changes are really geared toward

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clarifying and spelling out in a little
more detail how the remediation process,

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which is um overseen by state regulatory
agencies, um interacts with or relates

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to city control processes like uh
permits and um other development review

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procedures. Um we did have some detailed
information in the attachment. We won't

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go over it tonight, but we're available
to answer questions on it. Um, but

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again, it's just to emphasize um
existing processes and procedures, how

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they relate to each other when it comes
to the state, the city, property owner

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uh obligations.
[snorts]

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Okay. Okay. So, just revisiting for
everyone's benefit tonight um staff's

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recommendation to the commission is that
the commission recommends certification

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of the final EIR for the specific plan
um and approval of the project

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entitlements including general plan land
use and circulation element um

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amendments
and um adoption of the specific plan

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itself as recommended by staff with
additional clarifications that we've

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presented uh tonight. um as well as
amendments to title 17 of the municipal

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code to implement the specific plan and
zoning uh in the zoning ordinance.

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Um and finally also to approve the
bayore mobility plan um which calls for

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enhancing mobility along beayshore and
compliance with uh circulation element

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policies in the general plan.

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So this is we'll keep our presentation
short tonight um and leave lots of room

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for questions. Um
procedurally tonight after questions of

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staff and consultants um the commission
should accept additional public comment

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including from the um applicant team ask
clarifying questions related to

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testimony provided and then afterwards
the commission can close the public

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hearing uh and commence deliberations.
And that is it for our presentation.

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We're happy to answer questions.

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Thank you. Are there any presentations
from the consultants or should we just

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ask them questions as Yeah, you can ask
questions.

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» Thank you.
>> Um I have a few but I'll I'll wait my

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turn till the end. Um Darius, any
questions?

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Commissioner Saison?
>> Um yes, I have questions concerning

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» through the chair. Is your mic on?
>> Sorry. Thank you.

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» Yes, I have questions concerning what uh
was submitted. Um following our last

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meeting um let me see um
the first concerns um

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um I had asked about um whether the city
should have independent testing done and

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you submitted I thought was was a good
response as to what the plan is that um

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that the owners would put a fund
together and that they would um see to

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it that uh you know the um the the area
is monitored for any issues and that any

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maintenance be done. So my my question
with that is um so so the owners are

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responsible for that. I guess there's a
a an association that manages it. How

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are those people selected and and um who
are those individuals like like what

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what what are their qualifications?

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» Does anybody
>> for environmental management

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associations so for example how the
actual management is is determined? Um I

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don't know if we

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» Okay. Um yeah, the the applicant the
applicant may be able to address that

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question. Um
if you feel

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» Yeah. If the applicant has an answer,
they're welcome to provide it.

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Good evening, commissioners and
commissioner Cesana. Yeah, the way that

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um the Sarah Point Environmental
Management Association works is it is

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comprised of all of the land owners out
there. So they make up the association.

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So everybody who and it's and they pay
quarterly dues

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to the association which has a trustee
which hires an environmental management

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consultant. the case of Sierra Point,
it's Jacobs Engineering who does all of

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their monitoring, quarterly reports,
reports that are sent to the waterboard

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and the county department of health and
that is all in a recorded um association

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that it takes is in perpetuity. So once
a land owner is in the association, even

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when they sell the if they sell the
property, the next owner is now in the

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um is required to be part of the
association and pay the dues, but it is

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managed by an environmental consulting
firm and

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» Okay. Okay.
>> Yeah. And they also have to carry uh

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environmental insurance.
>> I see. So in case of any emergencies

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» and and they submit a report to the
water board and then the water board

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examines it. So the water board doesn't
do any of their own testing. Correct.

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» Uh no the testing is done by the
groundwater testing out at Sarah Point

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um is done by the consultant Jacobson
Engineering on a quarterly basis and on

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behalf of the association and those
reports are sent to the waterboard. the

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water board reviews them if there's
questions and you know they come back

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and ask for more information if there's
issues with the but it's it's um

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uh
the county department of health also has

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oversight over all former uh both
current landfills and former landfills.

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So the county does do a quarterly
inspection of zero point as well as the

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bayands landfill right now
>> and for that matter all the landfills

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both active and closed in the and that
ring the bay.

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» Okay. So let's say after you are done
with your entire project. Yes.

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» So my my question is um at how how
regularly will testing be done after

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everything is completed?
Um well at the landfill

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in um I'm not sure on the railard side
but there will be for groundwater

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quarterly testing and then a regular
inspection of the landfill cap um that

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is done
actually that is usually done by the

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regulators that inspection but it's a
quarterly quarterly groundwater

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monitoring
um

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» that's in in perpetuity.
>> Uh in perpetuity, that's the way it's

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written or until you know there's I mean
the cap will be in perpetuity. Okay.

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» But the groundwater monitoring if
there's nothing if there's if it's not

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showing any any you know concerns in the
groundwater those could be um you know

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00:17:43,679 --> 00:17:51,440
uh either either not monitored anymore
or monitored less frequently. So in fact

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at the Schllay lock site in San
Francisco we did we were doing quarterly

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monitoring and now because the levels
are so low we are into am I not

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misspeaking we are into semiannual
on the on the lock side. Yeah. So in

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terms of this fund that's being set up
by the owners how regularly will that

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you know monitoring be done from that
fund?

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» Yeah that's quarter that's the quarterly
monitoring I'm referring to. Yes.

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» Okay. Yes. Wow. Okay. Great.
>> Yeah. Yeah. And it's worked very well

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out at Sar Point
>> efficiently. Yeah.

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» Just to stay on topic and um I bring you
up here two or three times. A couple

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questions. These may be for you or might
be for staff or maybe for legal, I'm not

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sure. Um but my question is this this
envisioned uh S SA

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to add to my acronym list. Um, how is
that mandated and where is it in the

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documents? Is it embedded in in
covenants that run with the land? Is it

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um is it going to be statutory? What
what mandates it and what teeth are

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behind it?

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Anybody?
>> Um Michelle with EKI. Do are you able to

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answer that?
>> I can try to take a stab at it. Um

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Michelle King with EKI, the city's
environmental um consultant that's been

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doing peer review. Um
>> louder and closer to the

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» I will go closer to the mic. Thank you.
So typically the regulatory agencies

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whether it's the DTSC or the water board
will require some type of financial

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00:19:29,520 --> 00:19:38,559
assurance mechanism as part of the
remedy and that financial assurance

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mechanism can pass from owner to owner
as parcels are sold. But in terms of

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where such a management organization
comes in, it will be linked in some ways

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to this idea of financial assurance. So
once the property is developed that

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whether it is an SS EMA or even if you
had individual let's say homeowners

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associations or other entities that are
doing it, it would come through the

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00:20:02,400 --> 00:20:08,240
financial assurance mechanism because
that's a big thing that the agencies

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00:20:05,840 --> 00:20:12,640
when there is long-term management of
waste, if you will, that's left in place

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that they want to make sure that there's
money available to do it and a and a

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viable entity and not left to like
individual homes. homeowners and things

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like that.
>> And thank you. That that that starts to

250
00:20:23,600 --> 00:20:29,280
answer it. Let me let me add on to the
questions. I'm trying to address what I

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perceive are are concerns in the
community of what happens if people stop

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reporting, annual reports stop being
done, testing just slips by the wayside.

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00:20:37,200 --> 00:20:44,480
What entity has what power to enforce
this with with remedies? And and

254
00:20:42,960 --> 00:20:49,039
» that would be the environmental
regulatory agency, whether it's the DTSC

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00:20:46,320 --> 00:20:53,840
or the water board. And just in terms of
the wa the DTSC

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00:20:51,919 --> 00:20:58,960
and I think there was a question about
who does inspections. The DTSC actually

257
00:20:56,400 --> 00:21:03,200
does do annual more like driveby
inspections like once some a site's been

258
00:21:01,360 --> 00:21:07,120
developed. They want to make sure is the
land use the same? Do I see the building

259
00:21:05,600 --> 00:21:11,280
there that was built there? It's not
like it's a thorough, oh, let me look

260
00:21:09,200 --> 00:21:14,640
and see if there's cracks in the
pavement, but they're at least looking

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00:21:12,880 --> 00:21:18,799
to make sure that the remedyy's intact
and somehow big changes haven't been

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00:21:16,880 --> 00:21:22,480
made. So, DTSC does do that type of
driveby as well.

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00:21:20,000 --> 00:21:28,400
» And to add a little bit more on onto
that too, some of the the remedies would

264
00:21:25,679 --> 00:21:34,400
um change depending on where in the
development process we are. So, for

265
00:21:31,200 --> 00:21:39,600
example, if there were a lack of testing
or failure to complete to a certain

266
00:21:36,799 --> 00:21:44,559
level um before building permits were
issued, the city would have the ability

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00:21:41,679 --> 00:21:48,799
to withhold building permits. So there's
um

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00:21:46,080 --> 00:21:53,600
mechanisms built in throughout the
remediation process to ensure that the

269
00:21:51,840 --> 00:21:59,360
standards that have been established by
the appropriate regulatory um agencies

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00:21:56,640 --> 00:22:04,480
are being met before the the project
continues through to the next phase.

271
00:22:02,080 --> 00:22:08,080
Thank you. So I I sort of get that
during building process there's all

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00:22:06,000 --> 00:22:13,600
kinds of of hammers that we would have
to make sure it's done before you can

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build. I guess the the I think as I read
it the community concern is for the long

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long haul.
>> Yep.

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» And I I'm hearing the answer that is the
two regulatory agencies that have joint

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00:22:22,799 --> 00:22:28,559
or overlapping juris or conjunct
jurisdiction over these two pieces of

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00:22:27,520 --> 00:22:32,559
the site.
>> Yeah. And and I'm sure that um the

278
00:22:30,880 --> 00:22:37,919
applicant will elaborate on this, but
yeah. and and that's if there were to be

279
00:22:35,520 --> 00:22:42,720
an incident that happened down the line
during operations. In part, that's what

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00:22:40,159 --> 00:22:49,679
the environmental insurance is there to
help um provide for funds and resources

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00:22:46,159 --> 00:22:55,360
to do additional remediation or take
steps that might be necessary to respond

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00:22:52,480 --> 00:22:59,919
should there be an unanticipated
incident. That's that's part of the

283
00:22:57,679 --> 00:23:03,039
protection mechanism that's built in.
But um I'm sure BDI might want to

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00:23:02,000 --> 00:23:09,840
elaborate on that.
>> Yes. The sites will also be um deed

285
00:23:07,120 --> 00:23:16,799
restricted through something called an
land use covenant an LU and that does

286
00:23:13,760 --> 00:23:25,440
run with the property. Um so the next
owner is now that is they're they are

287
00:23:21,600 --> 00:23:31,039
bound by the agency orders and by the
land use covenant deed restrictions

288
00:23:28,080 --> 00:23:36,080
recorded deed restrictions um as well as
the financial mechanisms that Michelle

289
00:23:32,960 --> 00:23:40,240
discussed. So there's many many many
many

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00:23:37,919 --> 00:23:46,799
belts and suspenders that keep the
owners on the hook for regular

291
00:23:43,440 --> 00:23:51,200
environmental inspections, reviews and
financial instruments in the case you

292
00:23:48,960 --> 00:23:57,200
know of an earthquake and you know
something needs to be repaired.

293
00:23:53,520 --> 00:24:00,880
So if is that where the funding um
mandates are is in the covenants

294
00:24:00,559 --> 00:24:04,320
» um
>> funding for the association to

295
00:24:02,320 --> 00:24:10,159
» they often are but they're also written
into uh the water board and DTSC's rules

296
00:24:08,320 --> 00:24:12,880
and regulations. Yeah.
>> Okay. All right.

297
00:24:10,799 --> 00:24:15,760
» And they are often show up in the LUC's
as well.

298
00:24:13,840 --> 00:24:21,520
» Thank you your question a lot.
>> Oh no no no.

299
00:24:17,840 --> 00:24:28,320
I guess I'm I'm not 100% clear, so bear
with me in asking this again. But so my

300
00:24:24,559 --> 00:24:34,880
so my concern is once you're done and it
could be years, decades from now. My

301
00:24:31,120 --> 00:24:40,240
concern is a child is playing outside on
the dirt, on the grass and whatever and

302
00:24:38,640 --> 00:24:47,120
something could have happened, something
leaked and uh you know now you know that

303
00:24:44,240 --> 00:24:52,799
child is playing on perhaps contaminated
soil. So my question is how regularly?

304
00:24:50,960 --> 00:24:56,559
So I'm I'm I'm hearing quarterly, I'm
hearing annually.

305
00:24:54,159 --> 00:25:02,799
» No, quarterly. Yeah. No, quarterly
inspections are done by and and that are

306
00:24:59,200 --> 00:25:06,960
paid for by these associations by the
and they're done on a quarterly basis

307
00:25:04,799 --> 00:25:11,600
that inspect the caps inspect that make
sure that everything is you know in

308
00:25:09,120 --> 00:25:17,360
place. The groundwater is the one I was
talking about that is current quarterly

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00:25:14,799 --> 00:25:21,279
can go to semiannually and can be
discontinued if there's no longer any

310
00:25:19,440 --> 00:25:26,720
groundwater. The thing you're talking
that I'm sorry, the issue you're

311
00:25:23,039 --> 00:25:31,679
referring to is is the cap in place and
is people being protected and that is

312
00:25:29,200 --> 00:25:37,840
inspected on a quarterly basis by the
environmental consultant that is hired

313
00:25:33,600 --> 00:25:46,400
by the association whether it be an an
HOA um or a um a association like SEMA,

314
00:25:44,960 --> 00:25:50,240
the Sierra Point Environmental
Management Association, which is made up

315
00:25:47,919 --> 00:25:54,080
of all of the property owners out and
allowed on Sierra point

316
00:25:51,279 --> 00:26:00,880
» and then whenever there's testing done
that report is given to a state agency

317
00:25:58,640 --> 00:26:06,320
» uh
>> yeah it's yeah I'm sorry it's it's it's

318
00:26:04,400 --> 00:26:10,720
yeah it is all part of the regulatory
process okay um and those reports are

319
00:26:08,720 --> 00:26:17,279
given to you know the water board andor
the DTSC and the county and um

320
00:26:15,600 --> 00:26:21,200
I believe those can even be made
available to the city as well. Yeah,

321
00:26:19,279 --> 00:26:26,000
that's that was my next question. So,
could something like that automatically

322
00:26:22,880 --> 00:26:29,120
be given to the city?
>> Yes, of course.

323
00:26:27,039 --> 00:26:32,640
» Okay. Um I'm not sure if I
>> Do we need to put that in? Um

324
00:26:31,668 --> 00:26:37,600
[clears throat]
>> well, I just I I have a question for

325
00:26:35,600 --> 00:26:43,679
Michelle B. Would would those reports
also be available on the website um that

326
00:26:40,880 --> 00:26:47,600
DTSC and the waterboards maintain?
>> Yeah. Yeah. So um there's the geot

327
00:26:46,640 --> 00:26:52,400
tracker website which is the
waterboard's website that typically you

328
00:26:50,400 --> 00:26:57,120
know often the responsible party is the
one who uploads those reports DTSC

329
00:26:55,039 --> 00:26:59,919
controls and virus store. So yeah
typically they're uploaded and available

330
00:26:58,640 --> 00:27:03,919
to the public. Yeah.
>> Um the other report I want to bring up

331
00:27:02,080 --> 00:27:09,440
just so everyone's aware that happens as
well is 5-year reviews. So there's not

332
00:27:07,600 --> 00:27:15,600
only are these routine inspections
happening but um mandated again in the

333
00:27:13,039 --> 00:27:20,000
regulations by the state are that every
5 years a more thorough assessment is

334
00:27:18,320 --> 00:27:24,320
done to look at the overall
protectiveness of the remedy. So if

335
00:27:22,159 --> 00:27:29,279
there's been any changes in let's say
the toxicity of some chemical there's

336
00:27:26,480 --> 00:27:34,880
some new concern that every 5 years this
this protectiveness evaluation that's

337
00:27:32,240 --> 00:27:36,720
performed. Yep.
>> Okay. So,

338
00:27:35,360 --> 00:27:41,840
» and again, those are performed by the
environmental consultant that is hired

339
00:27:38,480 --> 00:27:46,880
and paid for by the association and um
those are available on the DTSDs or the

340
00:27:45,360 --> 00:27:49,440
waterboard's website, but those also
could be made available directly to the

341
00:27:48,799 --> 00:27:54,960
city.
>> And I guess my followup is probably to

342
00:27:51,760 --> 00:27:59,440
staff. Could do we need to make a
specific request that any report of that

343
00:27:57,520 --> 00:28:05,360
nature that is generated be
automatically sent and upload into the

344
00:28:02,159 --> 00:28:09,039
city's website so that if anybody wants
to know what's going on that they would

345
00:28:07,279 --> 00:28:13,360
have those reports available?
>> Yeah, there there's two ways that that

346
00:28:10,960 --> 00:28:18,799
could be handled. Um, in attachment
seven in the packet, there were some

347
00:28:15,600 --> 00:28:24,640
suggested um, additions to section 9 on
implementation that were more focused on

348
00:28:21,919 --> 00:28:31,360
the city's approval processes and the
steps during that. But you could direct

349
00:28:27,919 --> 00:28:36,080
staff to make another addition there to
have a requirement to just have the city

350
00:28:34,080 --> 00:28:40,799
receive a copy of each one of these
other reports. The other place that that

351
00:28:38,399 --> 00:28:45,760
could live is in the development
agreement where that will be coming back

352
00:28:42,480 --> 00:28:50,320
to you in a few more weeks. Um, and
there that could be a contractual

353
00:28:47,440 --> 00:28:54,799
obligation to provide courtesy copies of
each ones of these reports that the city

354
00:28:52,720 --> 00:28:58,640
then publishes on its website and makes
more easily accessible for members of

355
00:28:57,120 --> 00:29:02,880
the public so they don't have to use
those the geo tracker and the different

356
00:29:00,720 --> 00:29:08,799
state resources to find to find them.
So, um, either either of those places

357
00:29:06,960 --> 00:29:12,360
are ways that you could capture that.
>> Okay. Thank you.

358
00:29:12,880 --> 00:29:19,840
» Uh, I guess I'm a little confused now.
So, in this case, SPEA is an example of

359
00:29:18,399 --> 00:29:22,480
a a unit like this. Is there one that
will be set up for sure? Is it sort of

360
00:29:21,279 --> 00:29:27,279
at the end of the project, we'll see
sort of how it breaks down or what's the

361
00:29:24,000 --> 00:29:31,399
sort of um the HOAs and SSMAs and all
the different possibilities there?

362
00:29:34,480 --> 00:29:41,760
We don't have we're not that far down
the road yet. But yeah, I mean what we

363
00:29:38,720 --> 00:29:46,320
have disc the city and amongst our
development team is that yeah we would

364
00:29:43,440 --> 00:29:52,200
to take the association approach for the
long-term management of the

365
00:29:47,600 --> 00:29:52,200
environmental concerns. Yeah.

366
00:29:58,960 --> 00:30:02,120
as well.

367
00:30:03,760 --> 00:30:07,360
» Yeah,
>> no questions right now.

368
00:30:05,360 --> 00:30:12,399
» Oh, actually I did remember something.
Um

369
00:30:08,960 --> 00:30:18,799
uh at the last meeting um the Sierra
Club and other environmental groups had

370
00:30:15,039 --> 00:30:25,120
had brought up uh wanting a conservation
easements put in the specific plan and

371
00:30:22,799 --> 00:30:30,799
um I didn't see in your response if you
had a position on that if if we were to

372
00:30:27,520 --> 00:30:35,279
recommend that if you know would that be
an issue at all you know for for the

373
00:30:33,039 --> 00:30:35,279
developer.

374
00:30:37,120 --> 00:30:45,279
Yes. Again, I think what we discussed is
there are a sizable portions of our open

375
00:30:42,399 --> 00:30:50,799
space and park um land like Visitation
Creek which has a wetlands res

376
00:30:47,840 --> 00:30:54,080
restoration. Those are in perpetuity. So
there would be no need for a

377
00:30:52,000 --> 00:31:01,600
conservation easement. Uh I think the
rest of it is it's a lot of park. So

378
00:30:57,440 --> 00:31:04,880
we'd want to very carefully discuss yeah
wouldn't close the door on it but I

379
00:31:03,279 --> 00:31:09,600
think we we need to have more discussion
about yeah how that would actually work.

380
00:31:07,760 --> 00:31:13,840
» One more
>> one more before you go. Um I also

381
00:31:11,600 --> 00:31:18,480
brought up um San Bruno Mountain Watch
had requested that their mission blue

382
00:31:16,000 --> 00:31:26,840
nursery stay where they're at and be
part of the uh community fields that you

383
00:31:21,840 --> 00:31:26,840
plan to um develop there. Um

384
00:31:27,679 --> 00:31:33,840
So, it do you have a position on that?
Um,

385
00:31:31,520 --> 00:31:39,679
» we don't have a position on it at this
time. Um, I mean, we're,

386
00:31:36,640 --> 00:31:46,000
as you all may know, um, Mission Blue
Nursery has been a rent-free tenant of

387
00:31:42,399 --> 00:31:51,519
ours for over 20 years, I believe, and
um, they're very much a part of our

388
00:31:47,760 --> 00:31:56,080
fabric. Um, and we we had incorporated
them on another site to accommodate the

389
00:31:53,840 --> 00:32:00,640
community fields. um they have sent us
sort of a conceptual sketch. We have we

390
00:31:59,039 --> 00:32:05,679
have yet to send that to our landscape
architect um to make sure that that

391
00:32:02,880 --> 00:32:10,960
actually fits uh because it does what
they have is a taken out kind of a chunk

392
00:32:08,320 --> 00:32:16,559
of the field and a chunk of the picnic
area that had been planned for them and

393
00:32:13,279 --> 00:32:20,960
and um I think the answer is we want to
work with Miss Blue Nursery. We're big

394
00:32:18,559 --> 00:32:24,960
fans of theirs and yeah, so we'll we're
happy to work with them, but we just

395
00:32:22,399 --> 00:32:30,159
have not done the analysis yet on the
>> and and have done the community outreach

396
00:32:27,360 --> 00:32:35,120
with the soccer
proponents in town to make sure that

397
00:32:32,399 --> 00:32:38,840
that they were that it works together.
>> Thank you.

398
00:32:35,519 --> 00:32:38,840
» But we will.

399
00:32:40,240 --> 00:32:47,120
» Okay. I do have a few questions also. Um
going to drag us back to your attachment

400
00:32:44,799 --> 00:32:51,120
three, the mobility plan. Um, we had a
response from um,

401
00:32:49,760 --> 00:32:54,799
the firm that was doing the traffic
study. I've forgotten the name. I

402
00:32:52,399 --> 00:32:59,440
apologize. Um, do we have the ability
plan folks here tonight?

403
00:32:56,559 --> 00:33:02,720
» Yes. Matt Glenn is here from Fair Pier.
>> And thank you very much. What what they

404
00:33:01,200 --> 00:33:07,919
what you provided, as I understand it,
was a template, if you will, for how

405
00:33:06,320 --> 00:33:17,519
this commission could, if it were
inclined, include in its recommendations

406
00:33:11,120 --> 00:33:22,960
or or suggestions to council that we um
omit the

407
00:33:20,000 --> 00:33:27,120
road diet portion of the plan. and you
provided a template for what remaining

408
00:33:24,559 --> 00:33:32,080
pieces were part of the general bailands
circulation plan that would be important

409
00:33:28,880 --> 00:33:36,559
to leave in there to accommodate
those street issues. So, did I get that

410
00:33:35,200 --> 00:33:40,559
right very generally?
>> Thank you, chair. Yes, that's correct.

411
00:33:38,080 --> 00:33:46,000
» Okay. My question is, and I I think
Jeremiah began to address it. I'm not

412
00:33:42,480 --> 00:33:52,399
sure I understood it. Is there
I know folks in town generally would

413
00:33:48,480 --> 00:33:58,640
have a a would love to have a real
sidewalk on beayhore

414
00:33:55,679 --> 00:34:04,880
for areas south of and outside of the
the boundaries of this project um for

415
00:34:02,960 --> 00:34:10,480
pedestrians for kids going to and from
school for the the RV park to um

416
00:34:08,399 --> 00:34:16,320
residents to access the rest of town and
and so forth. I is there a way

417
00:34:15,599 --> 00:34:19,679
I'm not sure how [clears throat] to use
the right language here for traffic

418
00:34:17,599 --> 00:34:24,960
engineering. Is there a way to to create
a sidewalk, you know, a decent one that

419
00:34:22,560 --> 00:34:30,960
matches up with, you know, what you guys
usually do for bikes and pedestrians and

420
00:34:27,359 --> 00:34:35,599
so forth, um, without reducing the lanes
from four to two in areas south of the

421
00:34:33,599 --> 00:34:41,919
project.
>> Yeah. So there the right of way on

422
00:34:39,119 --> 00:34:48,399
beayshore is variable and so it's
anything from just under 80 ft to over

423
00:34:45,440 --> 00:34:52,960
100 100 plus feet. And so for a lot of
those kind of wider segments or in

424
00:34:50,960 --> 00:34:59,119
between intersections you could pretty
easily fit uh a class one path or a

425
00:34:56,560 --> 00:35:04,240
sidewalk on there. Um there are some
constrained locations I think uh at the

426
00:35:02,160 --> 00:35:09,119
Brisbane Technology Park driveways for
example where there are um what we call

427
00:35:06,880 --> 00:35:14,640
deceleration lanes and additional lanes
so so cars can decelerate from 45 mph to

428
00:35:12,320 --> 00:35:20,960
turn in and then the kind of accelerate
out as well. Um there's just that uh

429
00:35:18,079 --> 00:35:25,599
constrains the rightway. So the the
answer is that it what Jeremiah said it

430
00:35:24,480 --> 00:35:29,680
would require a little bit more
engineering studies to determine kind of

431
00:35:27,920 --> 00:35:35,040
how to approach those constrained
locations and what sort of features you

432
00:35:32,400 --> 00:35:39,839
know are you sacrificing kind of pathway
or sidewalk with or are you sacrificing

433
00:35:37,599 --> 00:35:44,640
other other components
um that would have to be completed.

434
00:35:41,920 --> 00:35:48,640
» So so thank you for the answer. Um that
that's that's clearer. Um, so would it

435
00:35:46,880 --> 00:35:53,359
be it would be feasible, I take it, for
this commission to to recommend to the

436
00:35:51,599 --> 00:36:00,000
city council,
um, hypothetically, to to retain the

437
00:35:57,440 --> 00:36:07,760
four-lane structure,
but to pursue engineering feasibilities

438
00:36:04,079 --> 00:36:11,119
for a class one sidewalk area on the
west side of Beayore.

439
00:36:10,079 --> 00:36:14,400
» That is correct.
>> Okay. Thank Thank you very much.

440
00:36:12,880 --> 00:36:17,520
» I actually had a question. And I I was
going to reserve this for our

441
00:36:15,520 --> 00:36:23,440
deliberation time, but it's on topic
here. Um for the road diet, I think one

442
00:36:21,359 --> 00:36:28,720
of the concerns that has been expressed
is the fact that it um you know,

443
00:36:25,680 --> 00:36:32,560
beayhore is one of the few like
there's not many ways to get up and down

444
00:36:30,400 --> 00:36:38,560
say in case of emergencies. So let's say
you did do the road diet.

445
00:36:35,920 --> 00:36:42,160
Would it be reversible in a in an
emergency? Like are the medians going to

446
00:36:40,320 --> 00:36:45,440
be like could you just open it up in
case they're

447
00:36:43,760 --> 00:36:52,560
Is that is that a consideration or would
it be just inoperable that way?

448
00:36:48,880 --> 00:36:56,640
» Yes. Um and that's critical part of any
um you know road diet facility these

449
00:36:54,880 --> 00:37:02,160
these days where particularly for
something similar to beayshore what you

450
00:36:58,720 --> 00:37:06,720
can use is um emergency vehicle
preeemption and your emergency service

451
00:37:04,320 --> 00:37:11,680
providers will have control over kind
the how the traffic signals work at

452
00:37:08,960 --> 00:37:16,800
either end and you can go out and use
them. for example, to say like let's say

453
00:37:14,240 --> 00:37:22,160
you needed to have two outbound lanes on
on Beayshore. Um you can close uh you

454
00:37:20,800 --> 00:37:25,599
know the intersection. This would only
be in that you know very rare

455
00:37:23,680 --> 00:37:30,160
circumstance um where you need to get
people out of uh Brisbane for whatever

456
00:37:27,920 --> 00:37:33,760
reason and you could have two outbound
lanes and then repurpose the multi-use

457
00:37:32,160 --> 00:37:39,040
path which is going to be wide enough
for emergency vehicle service providers

458
00:37:36,160 --> 00:37:44,240
to come inbound. And so that's kind of
the under the philosophy of of making

459
00:37:41,440 --> 00:37:50,160
sure that there's flexibility for
providing everyday safety for the 99.9%

460
00:37:47,680 --> 00:37:54,880
of the time when you know traffic and
people are moving normally and and

461
00:37:52,079 --> 00:37:59,440
giving emergency service providers the
the keys to being able to as a part of

462
00:37:57,599 --> 00:38:05,040
their planning efforts you know reverse
traffic directions or do things um that

463
00:38:02,880 --> 00:38:10,240
would allow them to continue to serve
the community as they need Yeah.

464
00:38:07,440 --> 00:38:16,480
» Okay. Thank you.
>> Okay. Uh my next uh set of questions is

465
00:38:12,480 --> 00:38:24,480
about the um greenhouse gas issue and uh
you folks attached to the agenda um a

466
00:38:18,800 --> 00:38:29,760
helpful um listing of exemplar projects
um with net zero greenhouse gas

467
00:38:27,119 --> 00:38:36,320
emissions. And I noted that that most of
them had as part of the the proposal in

468
00:38:32,800 --> 00:38:43,200
the process um
regular I think annual reporting of um

469
00:38:41,280 --> 00:38:50,640
analyses of greenhouse gas emissions as
the projects move on and become built

470
00:38:46,480 --> 00:38:53,680
and inhabited and used and occupied. Um
and not sure this might be a staff

471
00:38:52,240 --> 00:39:00,160
question. I'm not really sure. Whoever
wants it can have it. Um, is does our

472
00:38:57,040 --> 00:39:06,000
specific plan provide
having taken out one of the greenhouse

473
00:39:02,720 --> 00:39:10,320
gas criteria or or measures metrics,
does it still does it still provide for

474
00:39:07,920 --> 00:39:16,160
regular tracking of greenhouse gas
emissions?

475
00:39:12,480 --> 00:39:21,000
» Um, ESA team, do you want to
I don't know if you have Brian or Brian.

476
00:39:21,040 --> 00:39:26,079
» Sure, I can respond to that.
>> Thank you.

477
00:39:30,720 --> 00:39:40,000
Yeah. Hi, I'm Brian Cher with ESA. Uh, I
led the greenhouse gas energy and air

478
00:39:36,880 --> 00:39:47,119
quality analysis in the EIR.
The removal of impact GHG1

479
00:39:44,640 --> 00:39:52,720
also removed any
mandate to achieve a specific greenhouse

480
00:39:49,839 --> 00:39:58,400
gas target for the project and any
tracking that goes along with that. The

481
00:39:56,240 --> 00:40:03,920
specific plan also does not have any
requirements to track greenhouse gas

482
00:40:00,400 --> 00:40:11,520
emissions. So these projects in the
table all have either

483
00:40:07,520 --> 00:40:17,200
uh um opted into legislative
uh streamlining benefits through bills

484
00:40:14,240 --> 00:40:21,520
like AB900 now SB7 environmental
leadership projects that among other

485
00:40:19,680 --> 00:40:27,440
things to gain the judicial streamlining
benefits of those of those bills had to

486
00:40:23,839 --> 00:40:31,839
achieve net zero GHD emissions and those
document ERS used net zero as a

487
00:40:30,000 --> 00:40:35,839
greenhouse gas threshold.
In addition to that legislative

488
00:40:33,119 --> 00:40:42,400
requirement and in order to achieve that
um the threshold of GHG zero GHG they

489
00:40:40,079 --> 00:40:46,640
had mitigation measures um to buy
offsets and track emissions over time.

490
00:40:44,320 --> 00:40:51,280
So the the hook there was a combination
of the sequent threshold requiring

491
00:40:48,160 --> 00:40:56,240
mitigation and the legislative
requirement which the California Air

492
00:40:53,040 --> 00:41:01,359
Resources Board manages and and tracks.
Um because the bay lands no longer has

493
00:40:59,040 --> 00:41:08,560
that net zero threshold through GHG1
which was removed in the final ER. There

494
00:41:03,599 --> 00:41:14,319
is not a SQA requirement to achieve or
track the project's greenhouse gas

495
00:41:10,880 --> 00:41:19,520
emissions. That does not mean that you
couldn't track emissions as part of the

496
00:41:16,720 --> 00:41:25,440
specific plan or as part of um city
policy matter or development agreement.

497
00:41:22,640 --> 00:41:28,640
and um I can you know if the city wants
to speak to that they're welcome to or

498
00:41:26,880 --> 00:41:33,680
if you have any follow-up questions I'm
happy to respond to those as well.

499
00:41:31,520 --> 00:41:36,560
» Uh I had just one followup question to
that I think in some of the

500
00:41:34,960 --> 00:41:40,800
correspondents we received or one of the
responses was

501
00:41:38,240 --> 00:41:45,119
» uh I think it basically said it's it's
like technically you can't really

502
00:41:42,480 --> 00:41:49,040
measure greenhouse gases directly. So is
it like an indirect measure like the

503
00:41:47,680 --> 00:41:52,800
kind of vehicles that are being used,
number of trips, that kind of thing?

504
00:41:50,960 --> 00:41:56,560
» Yeah, absolutely. It's like you similar
to how you well how we estimated

505
00:41:55,040 --> 00:42:00,560
greenhouse gas emissions for the project
before it's being built. Although

506
00:41:58,079 --> 00:42:03,920
measurement in the future measurement in
quotes would be more accurate because

507
00:42:01,920 --> 00:42:08,160
you would actually be tracking activity.
What you're tracking is you're you're

508
00:42:05,359 --> 00:42:11,440
you're measuring activity which produces
greenhouse gas emissions. So similar to

509
00:42:10,000 --> 00:42:17,359
the way you do your greenhouse gas
inventory for the city, you're tracking

510
00:42:14,000 --> 00:42:22,000
energy use. You're tracking VMT vehicle
miles traveled. You're tracking water,

511
00:42:19,599 --> 00:42:26,560
wastewater generation, landfilling, all
of the all of the actual activities that

512
00:42:24,720 --> 00:42:31,599
produce either direct or indirect
emissions from power plants or landfills

513
00:42:29,040 --> 00:42:34,960
or vehicle tail pipes. You're not
actually putting a tracker on people's

514
00:42:33,119 --> 00:42:39,839
cars. You're not asking them to submit
their, you know, uh, uh, gas bills, but

515
00:42:38,000 --> 00:42:43,520
you're estimating the amount of
greenhouse gases coming from vehicles

516
00:42:41,520 --> 00:42:49,119
based on, you know, district-wide,
projectwide, um, activity metrics. And

517
00:42:46,960 --> 00:42:53,520
as the project builds out and you have,
you know, actual estimated energy use

518
00:42:51,359 --> 00:42:58,319
and you can you can more accurately
predict uh VMT based on the number of

519
00:42:56,800 --> 00:43:01,680
land uses and the number of occupants
and the square footage of commercial

520
00:43:00,160 --> 00:43:06,319
development and the number of employees
commuting and commute surveys and all of

521
00:43:03,520 --> 00:43:12,400
that. Um you can reasonably accurately
predict um greenhouse gas emissions.

522
00:43:09,119 --> 00:43:19,040
» Okay. Brian, you you had spoken a little
bit about you the modification to GHG1,

523
00:43:16,560 --> 00:43:23,760
the removal of some of the tracking. Um,
but I think it also would be helpful to

524
00:43:21,040 --> 00:43:30,800
highlight then the things that the uh
both the EIR and the specific plan still

525
00:43:26,800 --> 00:43:37,520
affirmatively do require in um with
regard to both energy efficiency and GHG

526
00:43:35,359 --> 00:43:43,520
reduction measures. Um because I don't
want um the response to leave uh people

527
00:43:40,880 --> 00:43:48,560
confused as to that oh we're we're not
doing anything to address uh project

528
00:43:46,720 --> 00:43:51,760
energy use or emissions. I I know
there's a very robust program, so maybe

529
00:43:50,319 --> 00:43:56,160
you could speak a little bit about that
as well.

530
00:43:53,760 --> 00:44:01,040
» Yeah, the the the only thing that was
removed really was the net zero

531
00:43:58,720 --> 00:44:06,880
requirement and the offsets measure, the
measure to buy carbon offsets or

532
00:44:04,319 --> 00:44:11,359
combination of funding local programs
that generate registry offsets and

533
00:44:09,520 --> 00:44:15,760
buying offsets from the carbon market to
achieve net zero. Everything else is

534
00:44:13,920 --> 00:44:21,440
still required. So the the four other
greenhouse gas mitigation measures,

535
00:44:18,240 --> 00:44:26,880
things like uh the uh renewable fuel
shuttles and the renewable fuels for the

536
00:44:24,400 --> 00:44:31,440
wastewater water reclamation facility
and low global warming potential

537
00:44:28,880 --> 00:44:36,400
refrigerants. Those are all part of the
specific plan. So they migrated from

538
00:44:34,000 --> 00:44:40,480
being sequent mitigation measures into
basically design standards in the

539
00:44:37,920 --> 00:44:45,680
specific plan requirements. The project
also retains all of its solar, the solar

540
00:44:43,280 --> 00:44:50,400
field, all the building battery, which
uh the specific plant allows up to 500

541
00:44:47,920 --> 00:44:56,160
megawatts of battery including the 250
megawatt utility scale solar. um the

542
00:44:53,359 --> 00:44:59,119
lead lead gold standards in Greenpoint
rated design for residential and

543
00:44:57,599 --> 00:45:03,440
non-residential
uh the you know the TDM program which

544
00:45:00,880 --> 00:45:07,599
reduces VMT regionally um by a
substantial margin and all of the other

545
00:45:05,119 --> 00:45:11,760
project design features that reduce
project emissions those are all still in

546
00:45:10,400 --> 00:45:16,560
place
>> and I think as as a result the EI

547
00:45:14,000 --> 00:45:20,800
concludes that we would see a a regional
reduction in GHG emissions is that still

548
00:45:20,000 --> 00:45:25,839
correct
>> yeah so it's you know The traditional

549
00:45:23,280 --> 00:45:29,599
SQUA lens is what's happening at the
site now. You know, draw a boundary

550
00:45:28,160 --> 00:45:33,599
around the site and then what would the
project put there and what are the

551
00:45:31,200 --> 00:45:36,800
emissions coming from that project
within that geographic boundary compared

552
00:45:35,520 --> 00:45:42,160
to what's there now. It's, you know,
existing conditions versus project. Uh

553
00:45:39,599 --> 00:45:46,240
the the E does, you know, evaluate the
project in isolation using the Bay Area

554
00:45:44,880 --> 00:45:50,240
Air District's greenhouse gas
thresholds, which is standard SQA

555
00:45:47,920 --> 00:45:55,839
practice. So that's already still there
that analysis, but it also looks at the

556
00:45:53,040 --> 00:46:00,319
regional effect of the project. So
basically, what would the Bay Area

557
00:45:58,319 --> 00:46:03,040
region look like without the Baylands
and what would it look like with the

558
00:46:01,520 --> 00:46:09,119
Baylands with all the Bayands
development uh located within this the

559
00:46:05,599 --> 00:46:13,200
city and all of the benefits of jobs,
you know, uh transit oriented

560
00:46:10,720 --> 00:46:16,880
development and infill housing and the
TDM program and the renewable energy

561
00:46:15,200 --> 00:46:21,200
program and the all electric development
and 100% renewable electricity for all

562
00:46:19,520 --> 00:46:25,200
electricity used on site combination of
on-site and and grid supplied renewable

563
00:46:23,280 --> 00:46:29,599
electricity. what would the regional
picture look like with the project built

564
00:46:26,960 --> 00:46:33,599
here and the conclusion in the EIR was
that the project would reduce regional

565
00:46:31,520 --> 00:46:38,720
emissions through that lens. So it is a
beneficial project from this like the

566
00:46:35,839 --> 00:46:43,240
len the scope of looking at development
patterns within the region at large.

567
00:46:44,800 --> 00:46:54,567
Thank you. Um staying on the the general
field of of energy and pollutants and

568
00:46:51,680 --> 00:46:58,720
energy and pollutants. Um
[clears throat] I know the one of the

569
00:46:56,319 --> 00:47:07,280
the major features of this project that
has been described by BDI as a an intent

570
00:47:02,640 --> 00:47:12,160
to to do is the the very large battery
battery park. Is that a decent term?

571
00:47:10,560 --> 00:47:17,359
Um
battery field. um which is is my

572
00:47:15,200 --> 00:47:21,599
understanding that is not technically
speaking a requirement of the project in

573
00:47:19,839 --> 00:47:26,560
in the typical sense where it might be a
condition of approval for a simple

574
00:47:23,280 --> 00:47:32,480
permit to build a house. Um, so perhaps
to to to legal, Eric, is is there a a

575
00:47:29,119 --> 00:47:38,000
mechanism by which if if the commission
chose to recommend this to council to

576
00:47:35,839 --> 00:47:44,880
make the construction of that battery
park, which I think is at this point

577
00:47:40,400 --> 00:47:50,160
sort of uh anticipated 10ish years out,
um to make it in some way mandatory or a

578
00:47:47,599 --> 00:47:56,138
condition or to have some some
enforcement enforcability, I guess.

579
00:47:52,800 --> 00:48:00,079
» Yeah. at at this point that sort of um
[snorts] specific project element and

580
00:47:57,920 --> 00:48:07,440
phasing and goes beyond the bounds of
what's included in the specific plan and

581
00:48:03,119 --> 00:48:11,680
EIR um we will be revisiting phasing and
different triggers and trade-offs in the

582
00:48:09,359 --> 00:48:18,720
context of the development agreement. So
um I think we can explore the

583
00:48:13,839 --> 00:48:23,359
feasibility of that and have a um
yeah a but have some the opportunity to

584
00:48:21,839 --> 00:48:28,800
get some feedback from the applicant
about what and when might be feasible

585
00:48:26,800 --> 00:48:31,680
and uh the I think the development
agreement is the best vehicle to address

586
00:48:30,559 --> 00:48:35,680
that particular concern.
>> That's what I thought you might say.

587
00:48:33,119 --> 00:48:40,400
Thank you. Um because I think what I'm
trying to address is I think a

588
00:48:36,960 --> 00:48:46,319
perception that some of these um very
loudable aspects of the project are are

589
00:48:43,599 --> 00:48:52,160
may appear aspirational rather than than
um promised um or enforceable. Um so

590
00:48:50,480 --> 00:48:56,319
anyway,
I take it then what this commission

591
00:48:54,559 --> 00:49:01,119
might be able to do is simply recommend
to the council to pursue that issue as

592
00:48:59,520 --> 00:49:06,000
part of the development agreement.
>> Yes. and and the commission will also

593
00:49:03,280 --> 00:49:09,680
have the opportunity to to see a version
of the development agreement and make a

594
00:49:08,000 --> 00:49:13,119
recommendation on that before that goes
to council as well.

595
00:49:10,800 --> 00:49:15,359
» Right. Right. Oh, okay. We will we see
it before council acts on it?

596
00:49:14,559 --> 00:49:21,720
» Yes, that's correct.
>> Okay.

597
00:49:16,640 --> 00:49:21,720
» Thank you. All right. That's helpful. Um

598
00:49:22,640 --> 00:49:35,040
lastly, I think um our staff put
together a a very helpful

599
00:49:29,760 --> 00:49:40,480
um sheet about their um
impending recommendations to revise

600
00:49:37,359 --> 00:49:47,680
section 9 of for implementation to
provide for um um more specific

601
00:49:44,720 --> 00:49:52,079
descriptions of the monitoring process.
um that I encourage folks to look at.

602
00:49:49,440 --> 00:49:56,400
And I my understanding is that that you
folks intend to to clarify

603
00:49:54,960 --> 00:50:02,079
among other things the fact that there
will be reporting um on an annual basis

604
00:50:00,319 --> 00:50:05,599
following building construction that
will be monitored by the city in

605
00:50:03,520 --> 00:50:11,040
coordination with the public agencies.
Is that generally correct?

606
00:50:08,319 --> 00:50:15,280
» The intent behind the suggested
revisions to chapter 9 is I just want to

607
00:50:13,839 --> 00:50:21,200
be really clear. It's not to impose any
new or different regulatory uh

608
00:50:19,040 --> 00:50:25,920
procedures or processes beyond what the
state mandates as through DTSC's in the

609
00:50:24,160 --> 00:50:31,440
waterboard's process. So, just to be
clear, we're not proposing the city take

610
00:50:28,640 --> 00:50:36,000
additional action. Um, so yeah, the
intent behind those changes are really

611
00:50:32,880 --> 00:50:41,280
to, like I said earlier, clarify and
provide more information on what those

612
00:50:39,520 --> 00:50:44,640
state overseen and mandated procedures
would look like, including for

613
00:50:42,400 --> 00:50:52,480
monitoring, and then make it more clear
how that activity relates to and

614
00:50:49,359 --> 00:50:58,880
um and impacts city control processes
like permitting. Um, we do have, uh, ESA

615
00:50:57,359 --> 00:51:02,480
team members, I think, on the call
online who might be able to speak a

616
00:51:00,640 --> 00:51:06,319
little more to
um, what those clarifications are are

617
00:51:04,400 --> 00:51:11,480
going to address when it comes to those
relationships. I don't know if Eric is

618
00:51:08,480 --> 00:51:11,480
on.

619
00:51:16,400 --> 00:51:18,559
» Somebody joined us.
>> Okay. [clears throat]

620
00:51:18,160 --> 00:51:22,319
» Thank you.
>> Oh, okay. Yeah. Thanks.

621
00:51:19,760 --> 00:51:29,760
» Hi. uh Eric Callaway, principal planner
at ESA. Um I think to just to specify

622
00:51:27,920 --> 00:51:35,599
particularly related to the annual
question that you had, um there are

623
00:51:32,720 --> 00:51:40,400
reporting uh there are things that the
city would report on that the the

624
00:51:37,280 --> 00:51:46,559
specific plan already speaks to. Um that
would be annual reporting. Um and then

625
00:51:43,920 --> 00:51:52,559
that's related to the things that the
city has oversight over. Um and then the

626
00:51:50,640 --> 00:51:57,760
thing the the reporting that is related
to remediation the timing of that would

627
00:51:55,280 --> 00:52:03,359
be um determined by the regulating
agencies. So you know as uh the

628
00:52:00,319 --> 00:52:06,960
applicant was just speaking to um that
you know that could be related to the

629
00:52:05,119 --> 00:52:14,480
quarterly testing and whatever the
whatever the agency requires. Um and so

630
00:52:10,960 --> 00:52:20,240
the as uh Julia was just saying the
intention behind the revisions is to

631
00:52:17,280 --> 00:52:25,760
explicitly state that the reporting and
the timing of the reporting um and the

632
00:52:23,280 --> 00:52:30,400
you know in perpetuity of the reporting
um what needs to be reported that's that

633
00:52:28,640 --> 00:52:38,000
would be as required by the regulating
agency but then also to um explicitly

634
00:52:34,319 --> 00:52:43,200
state which you know since the type of
testing that you would be doing and and

635
00:52:40,160 --> 00:52:47,520
when um you would have to do some
testing and then put together a report

636
00:52:45,040 --> 00:52:51,440
that has to for example be related to
the installation of the cap versus when

637
00:52:49,760 --> 00:52:55,599
development occurs versus after there
are buildings um and how that different

638
00:52:53,440 --> 00:53:00,079
kinds of testing and reporting relates
to the city's oversight over um

639
00:52:58,240 --> 00:53:03,079
approvals of building and occupancy
permits.

640
00:53:04,480 --> 00:53:10,800
» Thank you. Appreciate that. Um, any
other questions about about those

641
00:53:09,040 --> 00:53:17,119
issues? I I have one last question, but
just want to let folks have a chance to

642
00:53:13,359 --> 00:53:20,800
chime in? No. Okay. Um, sort of lastly,
maybe this is

643
00:53:19,119 --> 00:53:26,000
I apologize for the breadth of this
question potentially, but the the what

644
00:53:24,079 --> 00:53:35,920
staff is recommending is a modified
alternative one um to the original 2026

645
00:53:31,200 --> 00:53:42,800
specific plan. Um and when I read the ER
analysis of it, it highlighted um the

646
00:53:40,319 --> 00:53:47,280
major issues being reduction of the
building heights, relocation of some of

647
00:53:44,720 --> 00:53:54,160
the buildings that the larger buildings
um and um and then analyze the impact of

648
00:53:51,119 --> 00:53:58,960
those environmentally. Um would you be
able to to

649
00:53:56,559 --> 00:54:03,680
synopsize any other major changes and
modified alternative one from the the

650
00:54:02,160 --> 00:54:06,160
previous
specific plan

651
00:54:04,559 --> 00:54:07,599
» from the develop from the developer
proposal?

652
00:54:06,880 --> 00:54:13,359
» Yeah.
>> Yeah. ESA teamm did you want to

653
00:54:10,640 --> 00:54:20,640
» Yeah, I can I can handle that one. Um
modified alternative one um basically

654
00:54:16,880 --> 00:54:27,119
reduces the number of towers
um in the Cal Train right ofway or you

655
00:54:24,720 --> 00:54:33,040
know in proximity within a/4 mile of the
Cal Train ride ofway. And what it does

656
00:54:29,839 --> 00:54:40,000
then is it reduces the number of high
density dwelling units as a result and

657
00:54:36,559 --> 00:54:47,482
then it increases low density and medium
density dwelling units. uh f you know

658
00:54:43,280 --> 00:54:51,680
further to the east and then those
[clears throat] excuse me building

659
00:54:48,640 --> 00:54:55,440
heights um increase
you know somewhat nominally. So it

660
00:54:53,599 --> 00:55:01,280
really is the same number of dwelling
units um but it reduces building heights

661
00:54:59,599 --> 00:55:09,200
um
near uh in proximity to transit uses um

662
00:55:06,480 --> 00:55:14,319
and uh decreases high density and
increases low and medium density. So,

663
00:55:11,680 --> 00:55:17,319
that's really the foundational
difference.

664
00:55:17,680 --> 00:55:25,319
» Um, any other changes to that aren't um
aren't about building heights?

665
00:55:25,520 --> 00:55:35,359
» Um, and thank you, directors. Yes. And
it accommodates the LMF. So, it's um it,

666
00:55:32,800 --> 00:55:37,760
you know, it's um it accommodates the
LMF,

667
00:55:36,079 --> 00:55:40,319
» right, which is the light maintenance
light.

668
00:55:38,319 --> 00:55:44,480
» Yes. Light maintenance facility. the
high yeah highspeed yeah light

669
00:55:42,800 --> 00:55:48,400
maintenance of facility.
>> Okay. All right. [clears throat]

670
00:55:46,240 --> 00:55:53,280
Thank you very much. Um anybody else
have any questions? Going once, going

671
00:55:50,720 --> 00:55:56,280
twice.
Um

672
00:55:58,319 --> 00:56:06,000
all right. In that case, we are uh going
to revisit the continued public hearing.

673
00:56:04,160 --> 00:56:11,920
Um
and I have several slips here. Do we

674
00:56:08,799 --> 00:56:15,040
have anybody online yet?
>> None with hands raised.

675
00:56:13,119 --> 00:56:18,799
» Okay, I'll just begin calling these
folks and if you can give me a high sign

676
00:56:16,480 --> 00:56:24,760
if you get any online, I'll get to them.
Um, the first slip I have is from Alli

677
00:56:21,119 --> 00:56:24,760
Sapperman. Sapperman.

678
00:56:40,720 --> 00:56:46,000
Good evening, commissioner
commissioners. My name is Ally Saberman.

679
00:56:44,240 --> 00:56:50,240
I'm speaking again tonight on behalf of
the Housing Action Coalition and the Bay

680
00:56:47,599 --> 00:56:54,400
Area Council. We are here to urge you to
take action and vote tonight on the

681
00:56:51,680 --> 00:56:58,720
Bayand specific plan and final EIR. As
predicted based on my previous comments,

682
00:56:56,400 --> 00:57:02,400
on June 30th, the California Department
of Housing and Community Development

683
00:57:00,319 --> 00:57:06,400
revoked its finding that Brisbane's
housing element is compliant with state

684
00:57:04,000 --> 00:57:10,640
law. The consequences of delaying the
Bayands are no longer hypothetical.

685
00:57:08,880 --> 00:57:14,880
Brisbane is now subject to the builder's
remedy, loss of state funding, court

686
00:57:12,880 --> 00:57:19,839
imposed penalties, and referral to the
attorney general. There is a clear and

687
00:57:16,880 --> 00:57:24,240
simple path back to compliance. Brisbane
must adopt the Bayand specific plan and

688
00:57:22,000 --> 00:57:27,920
zoning. We recognize that this is a
complicated project and that the city

689
00:57:25,839 --> 00:57:32,480
has devoted substantial effort to get to
this point. But this is the fifth

690
00:57:30,079 --> 00:57:36,799
meeting of this body. After two
comprehensiveformational workshops and

691
00:57:34,720 --> 00:57:40,400
now three public hearings, it's time to
move forward. [gasps] There have already

692
00:57:38,720 --> 00:57:44,799
been countless meetings like this and
extensive analysis over the 20 years

693
00:57:42,480 --> 00:57:49,359
since this project was first introduced.
All the while, the housing crisis

694
00:57:46,400 --> 00:57:53,760
worsens and the bailands remains vacant.
This city or region and the state can no

695
00:57:51,440 --> 00:57:57,599
longer afford further delays. We need an
approved plan of the bayands that is

696
00:57:55,760 --> 00:58:01,920
economically feasible and capable of
being built. State law prohibits a local

697
00:57:59,920 --> 00:58:06,160
agency from conditioning their approval
in a manner that renders housing

698
00:58:03,599 --> 00:58:08,960
development infeasible. We therefore ask
you to focus your remaining

699
00:58:07,280 --> 00:58:12,720
deliberations on the decisions necessary
to deliver housing, restore Brisbane's

700
00:58:11,280 --> 00:58:16,160
compliance, and preserve the city's
ability to guide its own future. Please

701
00:58:14,720 --> 00:58:21,119
act with the urgency of the moment
requires and recommend approval of the

702
00:58:18,400 --> 00:58:26,680
bailand specific plan and final e. Thank
you.

703
00:58:23,440 --> 00:58:26,680
» Thank you.

704
00:58:26,720 --> 00:58:33,000
» Uh next is um Darren Clark, please.

705
00:58:40,000 --> 00:58:46,720
» Good evening, chair, commissioners,
staff. My name is Darren Clark. I'm a

706
00:58:45,119 --> 00:58:50,640
field representative for North Coast
State's Carpenters Union working

707
00:58:49,200 --> 00:58:55,680
currently working out of Carpenters
Local 217

708
00:58:52,400 --> 00:59:01,040
representing Sam Santo County. Before
becoming a representative, I worked as a

709
00:58:57,440 --> 00:59:06,319
carpenter for 39 years. I have seen
firsthand how projects like this can

710
00:59:03,119 --> 00:59:10,240
transform communities. The Brisbane
Bayands project represents a tremendous

711
00:59:08,559 --> 00:59:15,040
opportunity for the residents of
Brisbane and all of San Monteo County. A

712
00:59:13,359 --> 00:59:20,000
project of this scale will generate
economic activity, support local

713
00:59:17,680 --> 00:59:24,400
businesses, and create good paying jobs
for working families.

714
00:59:22,160 --> 00:59:29,200
Just as important, it will provide
opportunities for the next generation to

715
00:59:26,319 --> 00:59:32,960
enter into the constru construction
industry and build lasting careers

716
00:59:31,280 --> 00:59:37,680
through apprenticeships and journeyman
upgrade training programs.

717
00:59:35,280 --> 00:59:41,200
From the carpenters's perspective, as
this project moves forward, it is

718
00:59:39,760 --> 00:59:46,000
critical that it is built by a
responsible general contractor,

719
00:59:44,160 --> 00:59:51,119
one committed to paying area standard
wages, utilizing state accredited

720
00:59:48,640 --> 00:59:55,200
apprenticeship programs, and providing
benefits such as healthcare. These

721
00:59:53,200 --> 00:59:58,960
standards help ensure that workers can
support their families, stay healthy

722
00:59:57,119 --> 01:00:02,480
throughout their careers, and retire
with dignity. This is a

723
01:00:00,960 --> 01:00:06,880
multi-generational
project. Let's make sure it's built by a

724
01:00:05,280 --> 01:00:11,440
workforce that it reflects the highest
standards of skill, safety, and

725
01:00:09,040 --> 01:00:18,200
responsibility so its benefits are felt
for generations to come. Thank you.

726
01:00:14,720 --> 01:00:18,200
» Thank you very much.

727
01:00:18,240 --> 01:00:23,720
» Righty. Next, um, Art Turo Science.

728
01:00:28,400 --> 01:00:36,079
» Good evening, commissioners, staff. I'm
Mortal Signs. I am a business rep for

729
01:00:32,720 --> 01:00:39,200
the Luna Labors Local 261
and we understand and respect the

730
01:00:37,520 --> 01:00:44,400
concerns of the Brisbane residents
regarding the remediation of the Bayance

731
01:00:41,520 --> 01:00:47,839
site. City staff representatives of
Baylands Inc. have provided extensive

732
01:00:46,400 --> 01:00:51,839
information about the safety measures
that will be implemented and monitored

733
01:00:50,400 --> 01:00:55,680
throughout the remediation and
construction process as well as the

734
01:00:54,319 --> 01:00:59,440
protections that will remain in place
for decades after the development is

735
01:00:57,520 --> 01:01:03,760
completed.
I would like also to offer the

736
01:01:01,200 --> 01:01:07,119
perspective of the workers who will be
performing this important work. Their

737
01:01:05,599 --> 01:01:11,760
safety and the safety of the surrounding
community

738
01:01:08,720 --> 01:01:14,720
must remain the top priority.
Leono laborers are highly skilled

739
01:01:13,200 --> 01:01:18,880
professionals who receive extensive
training, industry recognition,

740
01:01:16,720 --> 01:01:23,520
certification, hazardous material
handling and environmental remediation,

741
01:01:21,760 --> 01:01:27,440
construction safety, and the proper use
of personal protective equipment. They

742
01:01:26,000 --> 01:01:32,559
are trained to recognize potential
hazards, follow established safety

743
01:01:29,920 --> 01:01:38,000
procedures, and respond appropriately to
changing conditions on the job site.

744
01:01:35,839 --> 01:01:42,240
These skilled labor strictly follow all
typical federal, state, and local safety

745
01:01:40,160 --> 01:01:46,480
regulations. Their training and
expertise help protect not only the

746
01:01:43,839 --> 01:01:50,079
workers performing the remediation work,
but also nearby residents, the

747
01:01:48,319 --> 01:01:54,079
surrounding environment, and the
long-term safety and integrity of the

748
01:01:52,079 --> 01:01:59,920
completed development.
So if this work is awarded to a

749
01:01:57,040 --> 01:02:04,240
responsible union contractor employing
trained and certified LAUNA laborers,

750
01:02:02,559 --> 01:02:09,200
the city and the community can be
confident that the remediation will be

751
01:02:06,319 --> 01:02:13,760
formed by workers who have the skills,
the expertise, the commitment necessary

752
01:02:11,359 --> 01:02:17,200
to complete a project safely and
responsibly.

753
01:02:15,839 --> 01:02:20,480
We therefore request the planning
commission approve the Baywatch specific

754
01:02:18,960 --> 01:02:23,359
plan.
Thank you for your time and

755
01:02:21,520 --> 01:02:26,599
consideration.
Thank you.

756
01:02:28,240 --> 01:02:33,160
Next, um Aaron Becker, please.

757
01:02:38,160 --> 01:02:43,839
» Uh hello, I'm Aaron Becker. Thank you
for taking public comment and for

758
01:02:42,640 --> 01:02:47,920
demonstrating that you guys are really
paying attention to the public comments.

759
01:02:45,599 --> 01:02:52,240
Uh I submitted two letters about a month
ago. A lot of that has actually been

760
01:02:49,839 --> 01:02:55,920
addressed in the in the meeting since.
Um, but one thing I want to make make

761
01:02:54,319 --> 01:03:01,040
sure to remind you about before you get
close to approving this is our existing

762
01:02:58,240 --> 01:03:05,839
ordinances. The bailance specific plan
as written is kind of inconsistent and

763
01:03:03,839 --> 01:03:11,839
non-compliant with both the dark skies
ordinance and the invasives regulation.

764
01:03:09,040 --> 01:03:15,359
I assume that our ordinances trump
whatever they write in the specific

765
01:03:13,200 --> 01:03:19,920
plan. So instead, I'm going to remind
you guys that when the dark skies

766
01:03:17,520 --> 01:03:26,160
ordinance was written, the Bayand zoning
district did not exist. So I'm asking

767
01:03:23,920 --> 01:03:31,359
you to include in your recommendations
that we also update the dark skies

768
01:03:29,280 --> 01:03:36,799
ordinance to include the Baylands
district in the same lighting category

769
01:03:34,000 --> 01:03:42,559
as R2, R3,
uh the mobile home park, uh MHP, um

770
01:03:40,160 --> 01:03:46,480
other other districts of similar size.
Um, and that would determine their

771
01:03:44,400 --> 01:03:53,200
lighting levels, the the number of
lumens per per square foot of developer

772
01:03:48,880 --> 01:03:57,599
area. Uh, second, um, I really hope you
guys consider alternative number seven,

773
01:03:55,520 --> 01:04:03,839
which is the reduced density, reduced
height alternative. It reduces the

774
01:04:00,559 --> 01:04:10,000
impacts of or it reduces four of the
significant project impacts. Um, and in

775
01:04:07,359 --> 01:04:16,400
the EIR, it's kind of glossed over
because of the state, you know, mandated

776
01:04:13,200 --> 01:04:21,280
housing increase, but it's 1,800 units
is still 13% more than is being pushed

777
01:04:19,520 --> 01:04:26,079
down our throat. And there are other
projects in Brisbane that will that will

778
01:04:23,680 --> 01:04:30,400
even add to that. So, we can always
change zoning in 5 years, 10 years,

779
01:04:28,720 --> 01:04:35,359
whatever, if we need to. There's no
reason now we have to commit to 2,200

780
01:04:32,720 --> 01:04:40,720
units. Measure measure JJ only says we
have to do 1,800. Thank you.

781
01:04:37,599 --> 01:04:45,160
» Thank you.
>> Uh stores homem please.

782
01:04:48,779 --> 01:04:53,760
[clears throat]
>> Uh thank you for taking into

783
01:04:51,920 --> 01:05:00,480
consideration
the complexity of this project. I have

784
01:04:56,720 --> 01:05:08,960
two comments that I'd like to make. Um
first uh again uh concerning pile

785
01:05:03,920 --> 01:05:16,000
driving and noise um I would like to see
that uh drilled shaft and rectangular

786
01:05:12,960 --> 01:05:20,400
barretes are also called out as options.
These have been used successfully in San

787
01:05:18,799 --> 01:05:26,640
Francisco
uh notably to retrofit

788
01:05:23,119 --> 01:05:38,799
uh the Millennia Tower and then the the
Barretts were used uh for our gigantic

789
01:05:32,799 --> 01:05:47,599
Salesforce tower. Um and um and then on
a different topic uh that I uh that

790
01:05:44,079 --> 01:05:54,720
tunnel road is currently used as a major
thoroughfare for cycling for cyclists

791
01:05:50,880 --> 01:06:03,280
commuting both up into San Francisco and
from San Francisco down to the South Bay

792
01:05:58,559 --> 01:06:10,400
uh or southern regions. And there have
been some wonderful bike paths proposed

793
01:06:06,640 --> 01:06:17,920
in in the specific plan, but I would
like to make sure that there is at least

794
01:06:13,039 --> 01:06:26,559
one path which is fast in the sense that
there aren't a lot of intersections and

795
01:06:22,079 --> 01:06:32,799
stops. So cyclists can still commute
quickly from San Francisco to Sierra

796
01:06:29,680 --> 01:06:36,319
Point or Oyster Point and and vice
versa.

797
01:06:34,559 --> 01:06:39,200
Thank you.
>> Thank you.

798
01:06:37,760 --> 01:06:42,400
» Uh through the chair, we do have three
online if you want to switch.

799
01:06:40,799 --> 01:06:45,599
» Why don't we take uh take one of those,
please?

800
01:06:42,799 --> 01:06:48,599
» Okay. Uh we're going to start with
Melissa.

801
01:06:49,680 --> 01:06:53,839
Go ahead, Melissa. You may address the
commission.

802
01:06:54,799 --> 01:06:59,839
Great. Good evening, chair and
commissioners. My name is Melissa Foley

803
01:06:58,319 --> 01:07:05,359
and I'm a science director at the San
Francisco Estuary Institute or SFI. SFI

804
01:07:03,680 --> 01:07:09,119
reviewed the balance specific plan and
provided independent ecological planning

805
01:07:07,359 --> 01:07:12,559
and design guidance that aligned
feedback from local environmental

806
01:07:10,720 --> 01:07:16,319
organizations with the best available
science and provided that guidance to

807
01:07:14,720 --> 01:07:19,680
BDI.
The commitment to a high proportion of

808
01:07:18,160 --> 01:07:24,240
native plants throughout the project
area and 100% native in the habitat

809
01:07:22,480 --> 01:07:28,720
restoration enhancement in other
sensitive areas is commendable. A

810
01:07:26,799 --> 01:07:32,559
diverse assemblage of native vegetation
will support local wildlife by providing

811
01:07:30,720 --> 01:07:36,960
higher quality food and habitat than
non-natives. expand populations of

812
01:07:34,880 --> 01:07:41,599
locally adapted plants and reduce
maintenance needs, particularly

813
01:07:38,640 --> 01:07:45,760
irrigation once plants are established
by recognizing the importance of the

814
01:07:43,520 --> 01:07:50,160
balance for supporting regional habitat
connectivity, wildlife movement, and

815
01:07:47,920 --> 01:07:54,000
human access to green space. The
specific plan takes a landscape scale

816
01:07:52,079 --> 01:07:59,200
view that is needed to make our urban
areas healthier for people and wildlife

817
01:07:56,000 --> 01:08:02,880
and more resilient to climate change.
The wildlife safe design features

818
01:08:01,039 --> 01:08:06,640
included in the plan, particularly for
lighting and building design, ensure

819
01:08:04,799 --> 01:08:11,440
that the developed areas introduce as
few hazards as possible for wildlife

820
01:08:08,799 --> 01:08:15,359
while ensuring residents safety.
Adopting guidance from the American Bird

821
01:08:13,359 --> 01:08:18,960
Conservancy and consulting exper
experienced biologists as part of the

822
01:08:17,120 --> 01:08:23,600
planning process will help to ensure the
latest advances in wildlife safe design

823
01:08:21,279 --> 01:08:27,520
are being implemented.
The balance will be a firstofits-kind

824
01:08:25,520 --> 01:08:31,759
development in the Bay Area that brings
together people and nature by employing

825
01:08:29,759 --> 01:08:35,600
a range of nature-based solutions to
provide benefits ranging from access to

826
01:08:33,839 --> 01:08:40,159
nature to heat mitigation to
biodiversity support that will support

827
01:08:38,560 --> 01:08:44,239
healthy and resilient outcomes for
people and wildlife. The balance can

828
01:08:42,400 --> 01:08:50,839
serve as an example to cities throughout
the Bay Area to show how communities and

829
01:08:46,799 --> 01:08:50,839
nature can thrive together.

830
01:08:55,359 --> 01:09:02,080
Thanks, Melissa. We have uh Jordan next.
Go ahead, Jordan. You may address the

831
01:09:01,279 --> 01:09:05,359
commission.
>> Thank you so much. Good evening,

832
01:09:03,520 --> 01:09:09,440
commissioners. My name is Jordan Grimes
and I'm the legislative director for

833
01:09:07,279 --> 01:09:12,400
Green Belt Alliance. We are an
environmental organization working

834
01:09:10,960 --> 01:09:16,719
throughout the Bay Area focused on
conservation, climate resilience, and

835
01:09:14,239 --> 01:09:20,159
sustainable land use policy. For the
last 68 years, we've championed

836
01:09:18,719 --> 01:09:25,679
conservation and infill housing
solutions uh that protect open spaces,

837
01:09:22,960 --> 01:09:28,799
reduce GHGs, uh and create vibrant
communities where people can live close

838
01:09:27,120 --> 01:09:35,359
to jobs, schools, and public
transportation. In both our June uh 30th

839
01:09:32,400 --> 01:09:41,120
letter from this year uh and our comment
letter from last September uh on the uh

840
01:09:38,640 --> 01:09:44,880
draft EIR, we raised concerns with
GHG1E,

841
01:09:43,199 --> 01:09:49,120
the proposed mitigation measure that
would require the bailance to purchase

842
01:09:46,480 --> 01:09:52,640
offset credits. Um we're very happy to
have seen that removed. I was preparing

843
01:09:51,279 --> 01:09:56,719
to make a longer comment, but I think
Mr. Schustster of ESA actually did a

844
01:09:54,719 --> 01:10:00,880
really great job explaining uh the
regional benefits of GHD emission

845
01:09:59,120 --> 01:10:06,320
reduction that this project will provide
over time. Um and I'll just say this

846
01:10:03,679 --> 01:10:11,360
project is not to hone Ranch. Uh it is
not a subdivision in Leup or Tracy or

847
01:10:08,640 --> 01:10:18,159
Mantika which is what that program was
designed for. This is a largecale TOD um

848
01:10:15,840 --> 01:10:23,440
uh project that will have huge GHD
reduction benefits for the region when

849
01:10:19,840 --> 01:10:27,840
completed. I would also note uh that per
the UC Berkeley local government climate

850
01:10:25,520 --> 01:10:31,120
policy tool, the policy that offers the
single greatest potential for greenhouse

851
01:10:29,440 --> 01:10:35,199
gas reduction in Brisbane specifically
is the creation of infill housing. So to

852
01:10:33,600 --> 01:10:39,360
that end, I actually really hope you
won't pursue alternative 7, the reduced

853
01:10:37,440 --> 01:10:43,840
Titan density regulations. It really
runs counter to our regional housing and

854
01:10:41,600 --> 01:10:47,440
climate goals at the same time. And then
just finally, I'll say Green Belt has

855
01:10:45,600 --> 01:10:52,239
been supporting this project since uh
2011. Um, I think that's a really

856
01:10:50,480 --> 01:10:56,000
unfortunate
um,

857
01:10:54,480 --> 01:10:59,440
indictment of our response to the
housing and climate crisis and we do

858
01:10:57,840 --> 01:11:03,040
really need to do better. So, I would
urge the planning commission uh, to

859
01:11:01,360 --> 01:11:07,280
advance the plan tonight. Thank you so
much for your time. Appreciate it.

860
01:11:05,440 --> 01:11:14,239
» Thank you very much.
>> All right. We have Eileen.

861
01:11:10,560 --> 01:11:18,000
Eileen, you may address the commission.
>> Good evening, commissioners. It's Eileen

862
01:11:16,000 --> 01:11:23,040
Mclofflin from citizens committee to
complete the refuge and co-signer of a

863
01:11:20,320 --> 01:11:27,840
letter with Sarah Cleb and others. Um
and I thank you for um continuing to

864
01:11:26,159 --> 01:11:33,199
deliberate on this. I appreciate the
questions you bring forward um and our

865
01:11:31,040 --> 01:11:38,239
and I just wanted to on the greenhouse
gas emissions. We we're we are glad and

866
01:11:36,000 --> 01:11:43,280
I am glad that you've been very thorough
in trying to make sure these the

867
01:11:40,320 --> 01:11:50,320
greenhouse gas emission plans that you
have are are going to be continuous uh

868
01:11:47,440 --> 01:11:54,719
and monitored over time. So thank you
for that. But I also wanted to speak to

869
01:11:52,400 --> 01:12:00,640
the uh point raised about the
conservation easement which was in our

870
01:11:56,480 --> 01:12:07,120
letter. Um although uh some of the lands
are marked in perpetuity, the question

871
01:12:03,199 --> 01:12:12,320
that I bring up is it does that actually
go with the land? A conservation

872
01:12:08,960 --> 01:12:18,800
easement goes with the land. So once
it's um put on there, it will stay and

873
01:12:15,600 --> 01:12:24,000
as um Melissa was talking about on
habitat we're building, we want that is

874
01:12:21,360 --> 01:12:30,000
to stay once it's established, once it's
encouraged to grow. uh [clears throat]

875
01:12:27,360 --> 01:12:37,199
we we'd want Brisbane to have this area
that's remains as conserved area and and

876
01:12:34,000 --> 01:12:43,280
habitat that serves uh both the the
species and all the people who would

877
01:12:39,840 --> 01:12:48,960
come to enjoy it. So I hope that you can
consider that or if uh perhaps it needs

878
01:12:46,400 --> 01:12:54,480
to be included as a recommendation for
the development agreement. Uh but I hope

879
01:12:51,199 --> 01:12:57,960
you get that into the plan uh some way.
Thank you. Before

880
01:13:00,000 --> 01:13:04,000
we go to the next one, is that a
question we can answer quickly and get

881
01:13:02,719 --> 01:13:07,679
it off the table whether that
conservation easements run with the

882
01:13:05,440 --> 01:13:10,800
land?
This a longer answer. We can do it some

883
01:13:10,080 --> 01:13:13,600
other forum.
>> Yeah, easements do run with the land.

884
01:13:12,560 --> 01:13:17,679
They show up in the deed to the
property.

885
01:13:14,400 --> 01:13:22,159
» Yeah. And and I think this was implicit
in the director's answer, but other

886
01:13:19,280 --> 01:13:27,679
forms of um easements also run with the
like an easement that's granted to the

887
01:13:25,360 --> 01:13:32,560
city in perpetuity also would would run
with the land even if it's not um you

888
01:13:30,960 --> 01:13:36,480
know a dedicated and statutory
conservation easement.

889
01:13:34,320 --> 01:13:44,440
» That that was my assumption. Thanks.
>> Uh any other

890
01:13:40,080 --> 01:13:44,440
Okay. Yeah.

891
01:13:51,280 --> 01:13:58,120
Okay. Um, from inside the room, uh, next
up is Linda Salmon, please.

892
01:14:01,920 --> 01:14:10,560
» Good evening again, commissioners.
I don't envy your position. Um, I have a

893
01:14:08,880 --> 01:14:15,679
lot of comments, but one of the main
problems I have with is with the idea of

894
01:14:12,960 --> 01:14:20,000
putting single family dwellings on clay
caps. I know they show nice pictures of

895
01:14:18,080 --> 01:14:25,520
trees growing out of them in gardens for
kids to play in, but it's not really

896
01:14:22,239 --> 01:14:32,320
possible in a five uh 5-ft clay cap,
which are subject to uh problems with uh

897
01:14:29,840 --> 01:14:38,239
sea level rising and earthquakes in a
big way. And I had suggested ages ago,

898
01:14:35,440 --> 01:14:45,360
one of the reasons I put the a the FS as
they were in the 1994 general plan is

899
01:14:41,679 --> 01:14:51,920
that we could have dwelling units like
rental properties on top of, you know,

900
01:14:49,040 --> 01:14:58,560
uh commercial enterprises in this area
so that you actually can house far more

901
01:14:54,640 --> 01:15:05,120
people and uh uh with less um danger to
children running around playing on toxic

902
01:15:01,120 --> 01:15:10,880
soil. um and a lot more housing for
people who are working in the area and

903
01:15:08,080 --> 01:15:16,560
so on and so forth. And I really feel
that this is what we have to do. We can

904
01:15:13,280 --> 01:15:22,800
do a lot more for the people who don't
have houses, who can't afford to buy

905
01:15:19,280 --> 01:15:27,120
houses, but who can rent um with caps on
the rent uh based on, you know, you you

906
01:15:25,679 --> 01:15:32,400
know, all kinds of other things that go
on. Anyway, so that's that's my one of

907
01:15:30,080 --> 01:15:36,880
my main points. The other one is when we
kept talking about the road diet and

908
01:15:34,400 --> 01:15:41,520
stuff like that. One of the solutions is
to have the connection with the light

909
01:15:38,960 --> 01:15:46,560
rail that goes to San Francisco going
all the way through to past Brisbane to

910
01:15:44,320 --> 01:15:50,159
South City. Um you know with a
turnaround back and forth just a single

911
01:15:48,800 --> 01:15:54,239
single lane doesn't have to be the
double thing that they have right now

912
01:15:51,520 --> 01:16:01,440
with the city. um and it's possible and
that way save on greenhouse gases and um

913
01:15:59,280 --> 01:16:06,560
make with transportation easier for
everyone. So there those are two major

914
01:16:03,520 --> 01:16:12,480
things that I don't think still haven't
happened in terms of looking at all the

915
01:16:09,120 --> 01:16:18,800
possibilities of the general plan. Um,
you really can't build a house and on a

916
01:16:15,679 --> 01:16:23,679
clay cap and have it be stable in an
earthquake. Um, and with flooding and

917
01:16:22,000 --> 01:16:30,280
when the electricity goes out, your
pumps are not going to work. Thank you.

918
01:16:27,120 --> 01:16:30,280
» Thank you.

919
01:16:32,400 --> 01:16:39,480
Uh, next up is Anthony. I think it's
Anthony Walker. Am I right?

920
01:16:42,880 --> 01:16:48,000
Good evening. Good evening,
commissioners. I Yes, my handwriting is

921
01:16:46,000 --> 01:16:52,960
terrible. Apologize. [laughter]
Sorry. Um, my name is Anthony Walker.

922
01:16:50,400 --> 01:16:57,679
I'm uh chair of OSEK about speaking
tonight in my individual capacity as a

923
01:16:54,800 --> 01:17:00,640
Brisbane resident. Um, I submitted a
second letter that I believe was uh

924
01:16:59,360 --> 01:17:05,040
shared with you last night and I
apologize for the length. I know it's a

925
01:17:02,719 --> 01:17:11,199
lot. Um, but I hope you'll take the time
to read it carefully um because it uh

926
01:17:08,880 --> 01:17:15,280
focuses on two major uh questions,
greenhouse gas accountability and

927
01:17:12,960 --> 01:17:19,840
measure measure JJ's uh energy
neutrality uh requirement. There's a lot

928
01:17:17,840 --> 01:17:24,640
in there but um I want to highlight just
one thing in the letter here um in the

929
01:17:22,239 --> 01:17:29,199
room and that is that um measure JJ does
not simply say that the bay lands should

930
01:17:26,800 --> 01:17:34,320
be energy neutral without any context as
to what that means. Um, it says the

931
01:17:32,080 --> 01:17:39,040
specific plan must be consistent with
the principles of the sustainability

932
01:17:35,920 --> 01:17:43,280
framework, a named and dated document,
and that that development shall be

933
01:17:41,040 --> 01:17:48,800
designed so as to be energy neutral on
an ongoing basis. Um, my letter examines

934
01:17:46,480 --> 01:17:55,440
what those words mean um in further
detail. I think there is actually a lot

935
01:17:50,560 --> 01:18:00,080
in there to dissect. Um but um the
sustainability framework I want to call

936
01:17:56,880 --> 01:18:08,239
out one thing um establishes a clear
order of operations. A maximize local

937
01:18:03,199 --> 01:18:12,480
on-site generation first um B evaluate
additional uh community scale renewable

938
01:18:10,800 --> 01:18:17,760
generation within Brisbane. So that's
offsite.

939
01:18:14,000 --> 01:18:23,920
uh and then C uh only then consider
community choice aggregation procurement

940
01:18:20,000 --> 01:18:27,840
um which would be our eco 100
um solution. So my concern there is that

941
01:18:26,080 --> 01:18:33,600
we're we're sort of giving uh giving up
on a half completed step a on-site

942
01:18:30,719 --> 01:18:37,840
generation. We're only getting to 53%
and then skipping over B entirely. We're

943
01:18:36,000 --> 01:18:41,679
not I I haven't been able to turn up
anything at all about uh off-site

944
01:18:40,080 --> 01:18:46,640
generation.
uh and then going straight to step C um

945
01:18:44,960 --> 01:18:51,280
as the main solutions. So, and I want to
be clear um you know, both of my

946
01:18:48,320 --> 01:18:56,400
requests in the letter um are not new.
Um they're prioritizing on-site

947
01:18:54,320 --> 01:19:01,120
generation um is consistent with the
sustainability framework. Um and where

948
01:18:59,280 --> 01:19:06,159
on-site energy neutrality cannot be
achieved, requiring additional community

949
01:19:03,520 --> 01:19:11,440
scale uh renewable generation within
Brisbane is simply step B uh in the

950
01:19:09,360 --> 01:19:14,159
framework's order of operations. Um, so
I just want to highlight those ideas did

951
01:19:13,120 --> 01:19:20,800
not come from me. They're from
Brisbane's own documents. Um,

952
01:19:18,159 --> 01:19:24,960
and uh, yeah, I I realize I'm over time,
so I I I hope that um, you'll take a few

953
01:19:23,120 --> 01:19:28,159
minutes to read the the letter um,
carefully because I think there there's

954
01:19:26,400 --> 01:19:34,280
a lot in there, a lot of context that
will be helpful. Thank you very much.

955
01:19:31,040 --> 01:19:34,280
» Thank you.

956
01:19:45,199 --> 01:19:52,280
Okay. Um, next up is Nicole Westeramp,
please.

957
01:19:57,199 --> 01:20:04,239
» Good evening.
Um, thank you to the commission, the

958
01:20:01,280 --> 01:20:08,480
staff, the experts, um, all the people
who've been joining to lift this very

959
01:20:06,159 --> 01:20:13,760
large process. Uh, my name is Nicole
Westeramp. I've been in Brisbane as a

960
01:20:10,880 --> 01:20:18,880
resident for a little over a decade. Um,
I'm also a mom, but even before kids,

961
01:20:16,239 --> 01:20:24,239
this project has um, I've wanted to join
in, and it feels like drinking from a

962
01:20:21,440 --> 01:20:29,440
fire hose. So, um I just want to
recognize the effort and focus and

963
01:20:26,640 --> 01:20:33,920
information that you all are digesting
and I appreciate the thoughtful

964
01:20:31,199 --> 01:20:38,960
questions. Um the elementary school logo
I believe is something like building

965
01:20:35,360 --> 01:20:46,159
thoughtful citizens and that takes time
and labor. So, thank you. Um I don't

966
01:20:42,640 --> 01:20:51,440
know who again in this long detailed
conversation might have already pointed

967
01:20:47,840 --> 01:20:57,199
out um to consider the stakeholders who
do not have a voice in this process and

968
01:20:54,960 --> 01:21:03,760
I'd ask the commission to just spend a
moment thinking of that. Um

969
01:21:01,440 --> 01:21:07,360
the stakeholders who don't have a voice
and are not included in conversation

970
01:21:05,840 --> 01:21:11,679
often have the least power and
privilege.

971
01:21:09,120 --> 01:21:17,120
This is a remarkable, unique piece of
living land. And as I was thinking of

972
01:21:14,239 --> 01:21:22,080
what to say as I drove in, I really
wonder what the original inhabitants and

973
01:21:20,239 --> 01:21:27,679
stewards of this land would be thinking
of and advising us as we consider this

974
01:21:25,440 --> 01:21:33,520
generational project.
I've heard a lot of voices um just in

975
01:21:30,080 --> 01:21:38,640
the last meeting and this one with lots
of needs, lots of people, lots of

976
01:21:35,840 --> 01:21:43,920
interests for housing, for jobs, for you
know just an unimaginable number of

977
01:21:40,960 --> 01:21:47,520
things to balance. And um one concern
I'd like to bring is just that the

978
01:21:45,440 --> 01:21:51,679
residents who will be most directly
impacted and who will impact this

979
01:21:49,520 --> 01:21:56,080
process might be having difficulty
joining in the conversation. So, thank

980
01:21:53,840 --> 01:22:03,199
you for those continued efforts. And my
ask um to are one, how do we keep

981
01:22:00,880 --> 01:22:09,760
informed, thoughtful citizens able to
participate in this process and lend

982
01:22:04,960 --> 01:22:15,760
their expertise and second to just voice
again that the land does not bring their

983
01:22:12,480 --> 01:22:20,320
voice here and needs our strongest
protections from the outset. Um, I

984
01:22:19,199 --> 01:22:26,480
appreciated learning about the
conservation easement that you know can

985
01:22:23,040 --> 01:22:32,159
slip away very easily and just ask you
to ensure that from the onset now that

986
01:22:29,600 --> 01:22:37,440
the pro the process continues to include
concrete actions in the process that

987
01:22:34,880 --> 01:22:41,000
keep us thoughtful. Thank you so much.
>> Thank you very much.

988
01:22:41,920 --> 01:22:46,280
» Next up is Michelle Sammon.

989
01:22:50,480 --> 01:22:59,920
Michelle Sammon. Tonight I'm speaking as
a second generation lifelong Brisbane

990
01:22:55,360 --> 01:23:07,840
resident. Um I've read the drafty I read
it the all of it. But I'm still very

991
01:23:03,760 --> 01:23:18,560
concerned about in why how toxic this
site is. you know um in 2018 when um

992
01:23:13,440 --> 01:23:23,440
measure JJ failed I mean won and by 10%
um the head of the then head of the

993
01:23:20,880 --> 01:23:28,000
company representing the owner of the
property said that he would get right on

994
01:23:26,320 --> 01:23:33,600
getting the specific plan and that was
in 2018. They did not submit a specific

995
01:23:30,880 --> 01:23:38,800
plan until 2023 and it was inadequate
and was returned to them and then they

996
01:23:35,520 --> 01:23:44,239
did not submit it until 2025 almost 2026
which is why we're in the position we

997
01:23:40,239 --> 01:23:49,360
are now where the state is holding a gun
to our head about housing. But what most

998
01:23:47,760 --> 01:23:57,440
people don't realize when they talk
about infeasibility of housing here is

999
01:23:53,199 --> 01:24:04,239
how toxic this land really is. And I
don't think uh a driveby or a five-year

1000
01:24:01,440 --> 01:24:08,719
driveby or whatever is really adequate
because in five years a child's nervous

1001
01:24:06,719 --> 01:24:14,960
system can be completely destroyed by
lead deposition in the area where they

1002
01:24:11,440 --> 01:24:20,000
live. And I think it's um unfortunate
that that Stephanie keeps comparing the

1003
01:24:18,239 --> 01:24:24,880
bays
to Sierra Point Marina and Park Sier

1004
01:24:22,880 --> 01:24:31,520
Point. Sarah Point was a very different
landfill. It was dyed. It was lined. It

1005
01:24:28,560 --> 01:24:36,639
was manifested and layered and
adequately closed over 40 years ago.

1006
01:24:34,480 --> 01:24:43,440
It's starting to show definite signs of
wear. That is very different than the

1007
01:24:38,560 --> 01:24:49,679
Blands, which was undyed, unregulated
landfill that had from 1936 on that God

1008
01:24:47,920 --> 01:24:53,360
knows what's in there and no one really
knows because it's never been thoroughly

1009
01:24:51,280 --> 01:24:57,360
tested the way it should be. And that's
what we're dealing with. And so when

1010
01:24:55,600 --> 01:25:01,920
people are all housing, housing, housing
at any cost, do you want another love

1011
01:24:59,440 --> 01:25:07,920
canal in Brisbane? I think that we
really need to look very carefully at,

1012
01:25:04,960 --> 01:25:12,239
you know, you talk about sea level rise,
etc. And I know that u the owners of the

1013
01:25:10,560 --> 01:25:16,960
property are very anxious to get their
entitlements and yet they haven't built

1014
01:25:14,560 --> 01:25:23,040
with the entitlements they already have.
And I I urge you not to um approve the

1015
01:25:21,199 --> 01:25:27,440
mobility plan. And I think that it's
really very negative for the people who

1016
01:25:25,199 --> 01:25:31,040
already live in Brisbane and the
northeast ridge and people coming over

1017
01:25:28,960 --> 01:25:35,440
Crocker Park and basically it would kind
of strand people in Brisbane. But I

1018
01:25:34,080 --> 01:25:40,719
think you really do need to look at
every protection

1019
01:25:37,440 --> 01:25:44,480
uh for the future of this area and the
people that will live there and

1020
01:25:42,159 --> 01:25:48,960
conservation easements. Oh, and yes,
Green Belt Alliance has been on this

1021
01:25:46,639 --> 01:25:54,639
since 2011 when Jonathan Sharfman
started donating to them heavily, who

1022
01:25:51,600 --> 01:25:59,520
was the prior executive of of this
estate. So, please do I so appreciate

1023
01:25:58,239 --> 01:26:03,920
the work you've done and the questions
you've answered tonight and sitting

1024
01:26:00,880 --> 01:26:08,400
through this for three times and I I
can't tell you enough of that, but

1025
01:26:06,400 --> 01:26:12,320
please make the right choices and please
make the conservative choices in terms

1026
01:26:10,239 --> 01:26:17,440
of the environment and and protect the
future future of of the children, the

1027
01:26:15,920 --> 01:26:23,880
future of the people who don't have a
voice here yet. Thank you.

1028
01:26:20,639 --> 01:26:23,880
» Thank you.

1029
01:26:24,239 --> 01:26:29,639
Uh, next is uh Cynthia Gomez, please.

1030
01:26:37,040 --> 01:26:43,199
Good evening, commissioners. Cynthia
Gomez, United here, local 2, the hotel

1031
01:26:41,040 --> 01:26:47,679
workers union. And again, we have
roughly 6,000 members who live in the

1032
01:26:45,600 --> 01:26:51,280
communities immediately surrounding the
project area. I will reference but not

1033
01:26:49,600 --> 01:26:54,639
repeat the comments that I've made
earlier about our various critiques of

1034
01:26:53,280 --> 01:26:58,880
the project. You've heard them. We've
sent letters. The only thing I will

1035
01:26:56,560 --> 01:27:05,199
repeat tonight is the simple reality
that there is no state law that requires

1036
01:27:02,320 --> 01:27:09,520
Brisbane to accept 7 million square ft
of commercial development.

1037
01:27:07,679 --> 01:27:16,159
That is the kind of jobs housing
imbalance at 19,000 jobs versus 2200

1038
01:27:13,440 --> 01:27:20,880
housing units that has the potential to
make the housing crisis precisely the

1039
01:27:18,400 --> 01:27:26,080
opposite of the way it's being promoted.
That has the potential to make the

1040
01:27:22,320 --> 01:27:32,400
housing crisis worse, not better.
And there is no state law that requires

1041
01:27:28,639 --> 01:27:35,679
that you accept that kind of ratio. So
that is what I would like to leave you

1042
01:27:33,840 --> 01:27:38,560
with. Thank you.
>> Thank you.

1043
01:27:41,440 --> 01:27:52,600
Um, do we have anybody else on? Uh, no.
Okay. Uh, last slip I have currently is

1044
01:27:48,560 --> 01:27:52,600
Elena Shot, please.

1045
01:27:55,360 --> 01:28:00,880
» Good evening. I speed read, but that's
probably nothing compared to how much

1046
01:27:59,360 --> 01:28:05,920
you guys have to weigh through over the
course of your average month. I had just

1047
01:28:03,440 --> 01:28:10,800
a few comments on this. Um, one quickie
on the mobility. Currently, I can get

1048
01:28:08,159 --> 01:28:16,239
from home in central Brisbane to the top
of Tunnel Avenue as I'm going onto

1049
01:28:12,719 --> 01:28:21,520
Highway 101 in 10 minutes, 15 minutes on
a bad day. My understanding or rather

1050
01:28:19,440 --> 01:28:25,280
expectation is that the construction
that's going to be done as a part of

1051
01:28:22,960 --> 01:28:29,520
producing the bays is going to shut down
Tunnel Avenue at which point that

1052
01:28:26,960 --> 01:28:32,800
transportation out is route is out. If
we then force everybody who currently

1053
01:28:31,120 --> 01:28:37,760
zips along Tunnel Avenue to take
Beayshore, the immobility plan is going

1054
01:28:35,600 --> 01:28:42,639
to destroy that, too, and we'll all be
spending 25 or 30 minutes just to make

1055
01:28:39,760 --> 01:28:47,840
it to 101. That strikes me as an
unreasonable non-compromise.

1056
01:28:45,280 --> 01:28:51,280
I see a lot of language in the report
about how we can all switch to scooters,

1057
01:28:49,760 --> 01:28:57,040
but I'm not taking a trunk full of
groceries home from San Francisco

1058
01:28:53,040 --> 01:29:04,239
downtown on a scooter. So, you know, bus
and then scooter is not a better option.

1059
01:29:00,320 --> 01:29:08,719
Um, so that was transportation noise. My
understanding is from the meeting that I

1060
01:29:06,480 --> 01:29:12,960
participated in on June 30th, they made
no promise whatsoever not to pile dry

1061
01:29:10,880 --> 01:29:18,159
all through the night. They'd considered
that as an option and it hadn't been

1062
01:29:14,639 --> 01:29:22,480
closed out. So, uh, does Brisbane have
the noise ordinances and will Brisbane

1063
01:29:20,480 --> 01:29:27,360
enforce the noise ordinances to make
sure that residents in our parabolic

1064
01:29:24,719 --> 01:29:31,760
bowl get 8 hours of sleep every night?
My understanding so far is not

1065
01:29:29,760 --> 01:29:35,520
necessarily. And I'd actually like to
get to work coherent and competent

1066
01:29:33,840 --> 01:29:41,679
rather than destroyed by listening to
pile dryers until 6 a.m. That was number

1067
01:29:39,280 --> 01:29:46,000
two. And then I think one of the big
issues for city resistance overall is

1068
01:29:44,480 --> 01:29:51,440
and we're stuck with it now because of
the whole California state laws. When

1069
01:29:48,880 --> 01:29:56,560
you have a town of only a thousand homes
and they're saying whoops, we need to

1070
01:29:52,880 --> 01:30:01,840
add 2,000 more. Our local votes are
gone. So in 5 years, you know, I won't

1071
01:30:00,239 --> 01:30:06,239
be seeing any of you and you won't be
seeing any of us because we'll have been

1072
01:30:03,600 --> 01:30:11,280
replaced. That's a silly fear in terms
of national and immigration. But I think

1073
01:30:08,320 --> 01:30:15,760
a real and sensible fear to some extent
here within our small local voting

1074
01:30:13,440 --> 01:30:20,239
district. I'd have much loved it if we'd
started in 2015 and added 100 units a

1075
01:30:18,239 --> 01:30:24,239
year so that the new arrivals would have
become Brisbaneians.

1076
01:30:22,239 --> 01:30:27,679
Thank you.
>> Thank you through the chair. We do have

1077
01:30:26,320 --> 01:30:31,840
one more online.
>> Okay.

1078
01:30:29,600 --> 01:30:38,159
» Christina,
you may address the commission.

1079
01:30:35,040 --> 01:30:41,280
» Thank you. I really deeply appreciate
the care the commission's taking with

1080
01:30:39,920 --> 01:30:46,400
this project and the questions you're
asking and not allowing yourself to be

1081
01:30:43,440 --> 01:30:50,880
bullied by outside forces.
Listening to the comments of labor

1082
01:30:48,239 --> 01:30:55,360
representatives, I'm sympathetic to your
those comments, but I do wonder how many

1083
01:30:53,280 --> 01:31:01,120
of the housing units that you'll be
building will be within the reach of the

1084
01:30:57,520 --> 01:31:06,320
incomes of your membership.
the slam the community is going to take

1085
01:31:04,000 --> 01:31:11,440
with this development.
I I don't think people from outside of

1086
01:31:08,560 --> 01:31:17,679
the housing advocates, again, I'm I'm
deeply sympathetic, don't understand

1087
01:31:13,679 --> 01:31:24,000
what's going on here. It's a 684 acre
development.

1088
01:31:19,440 --> 01:31:32,800
First got 2,000 acres of land. Even if
we subtract the lagoon about 135 acres,

1089
01:31:28,320 --> 01:31:40,080
that's 28% of the city in a si single
swoop is going to get transformed. As

1090
01:31:35,760 --> 01:31:45,679
the previous speaker mentioned,
that totally changes the city of

1091
01:31:42,560 --> 01:31:53,360
Bersbane. Even if that takes place over
say five, seven years,

1092
01:31:49,679 --> 01:32:00,080
what other community has been expected
to undergo that level of transformation

1093
01:31:56,719 --> 01:32:04,480
in a single development and do it in a
manner that leaves the community

1094
01:32:01,679 --> 01:32:09,199
healthy, ensures that the community is
healthy.

1095
01:32:07,199 --> 01:32:16,000
And when you take into account the
commercial impacts as were described um

1096
01:32:13,920 --> 01:32:22,239
that just complicates the situation even
further. So again deep appreciation to

1097
01:32:19,199 --> 01:32:30,080
the commission. This is a very difficult
project and we're being asked to accept

1098
01:32:24,560 --> 01:32:35,360
it in total rather than incrementally.
And I just don't see I I don't just

1099
01:32:32,880 --> 01:32:41,840
don't see a healthy way of of embracing
this thinking.

1100
01:32:38,320 --> 01:32:46,960
Thank you. Anyone else?
Thanks. Right. We also are going to have

1101
01:32:44,719 --> 01:32:51,239
a one more presentation from the
applicant at this time.

1102
01:32:56,400 --> 01:33:04,560
Good evening again,
Chair. Gooding, honorable commissioners.

1103
01:33:02,400 --> 01:33:12,000
Um, once again, my name is Stephanie
Shakovski. I am the environmental lead

1104
01:33:07,440 --> 01:33:17,840
for the bayens development team. Um,
commissioners, before you

1105
01:33:14,800 --> 01:33:23,199
tonight are documents that reflect 20
years of planning, environmental review,

1106
01:33:20,960 --> 01:33:28,400
community engagement, and a voter
initiative.

1107
01:33:25,679 --> 01:33:33,040
Recommending approval
of this specific plan and the final EIR

1108
01:33:31,280 --> 01:33:37,520
is an affirmative act by this
commission.

1109
01:33:35,600 --> 01:33:44,800
proving that Brisbane is a community
that confronts this housing shortage,

1110
01:33:41,440 --> 01:33:51,440
restores its ecological assets, builds
around transit to reduce GHGs, and holds

1111
01:33:49,199 --> 01:33:55,000
itself to the highest standard of
sustainable development.

1112
01:33:55,600 --> 01:34:03,360
We because we continue to have questions
from the commission and from the public

1113
01:34:01,040 --> 01:34:09,520
regarding the environmental cleanup. We
did bring with us tonight our um

1114
01:34:06,159 --> 01:34:16,159
environmental consultants and our um uh
engineer of record. And I'd like for him

1115
01:34:12,400 --> 01:34:22,800
to um if we just take a few minutes for
him to walk the commissioners through

1116
01:34:19,199 --> 01:34:28,639
the actual cleanup process. And I also
encourage you to please um interrupt

1117
01:34:26,080 --> 01:34:35,520
him, ask him questions. Um he's quite
used to being interrupted working with

1118
01:34:31,040 --> 01:34:41,120
me. But I do um would like to ask Jay
Morani, our senior engineer at Geioint

1119
01:34:38,480 --> 01:34:43,920
to come up and answer the questions for
or give us your short presentation and

1120
01:34:42,880 --> 01:34:50,040
answer any questions from the
commissioners. And please feel free to

1121
01:34:46,320 --> 01:34:50,040
interrupt his presentation.

1122
01:34:53,520 --> 01:35:02,960
Thanks. Uh my name is Jamie. I'm the
engineer on the remedy for the railart

1123
01:35:00,639 --> 01:35:07,040
railard area. I just want to talk
through the implementation approach and

1124
01:35:04,880 --> 01:35:11,360
what we'll be doing at at the site. So
there's a few slides there. I don't know

1125
01:35:09,440 --> 01:35:16,239
if you can see them in front of you.
Okay. Awesome. Um [cough]

1126
01:35:14,560 --> 01:35:20,159
so as you know the site's pretty flat
between beayhore and the cal train

1127
01:35:17,840 --> 01:35:24,159
tracks. Um, and so that's what I'm
showing here is just a flat area where

1128
01:35:22,159 --> 01:35:28,400
there's the existing soil. The first
step in the project is actually going to

1129
01:35:25,679 --> 01:35:32,239
be removing any uh contamination that
could present future issues. So there's

1130
01:35:30,239 --> 01:35:35,120
some chlorinated solvents in soil that
were encountered during the

1131
01:35:33,199 --> 01:35:40,920
investigations and those will be removed
and disposed of offsite before any

1132
01:35:37,520 --> 01:35:40,920
future action.

1133
01:35:41,199 --> 01:35:49,840
So following the removal of of that
area, fill would be imported that's been

1134
01:35:47,120 --> 01:35:55,199
approved. um by the waterboard for for
use on the site. Um we'll excavate also

1135
01:35:53,679 --> 01:35:59,120
corridors for future utility
installation. And so that's what's shown

1136
01:35:56,560 --> 01:36:02,320
on the on the side there. And those may
penetrate the imported fill or they may

1137
01:36:00,880 --> 01:36:06,239
go a little bit deeper into the existing
soil. But those are going to be used uh

1138
01:36:04,320 --> 01:36:11,520
and filled with clean fill so that in
the future when utilities are installed

1139
01:36:08,480 --> 01:36:15,560
or maintenance is needed that it's a
simpl simpler process.

1140
01:36:15,760 --> 01:36:22,800
Following the imported fill, the next
step is to install the cover system. Um,

1141
01:36:20,320 --> 01:36:28,960
and that consists of a demarcation layer
and a clean soil cap soil cap layer. Uh,

1142
01:36:26,159 --> 01:36:34,159
the demarcation layer is a orange just
really brightly colored fabric that's

1143
01:36:31,760 --> 01:36:39,840
put over the entire site as a as a
marker so that if anyone's digging, they

1144
01:36:36,960 --> 01:36:43,280
can see that as a very obvious change
that there's g there is something

1145
01:36:41,199 --> 01:36:47,440
different. and it'll just make sure that
if contractors out there that they they

1146
01:36:44,960 --> 01:36:52,320
go back and uh reassess their their
approach. Um following that is the

1147
01:36:50,000 --> 01:36:58,000
placement of the the clean soil cap
which is the 5ft layer. Um you see on

1148
01:36:55,360 --> 01:37:02,400
here there's a searchcharge pile in many
portions of the site. We'll be adding

1149
01:36:59,920 --> 01:37:05,679
additional clean soil fill. Uh and
that's to drive settlement in the

1150
01:37:04,080 --> 01:37:09,679
material below the existing soil.
There's there's bay mud so very soft

1151
01:37:07,600 --> 01:37:13,679
clays throughout the site. Uh and what
that does is drive more of the

1152
01:37:11,840 --> 01:37:18,159
settlement in advance so that when it is
removed and any construction of roads or

1153
01:37:16,159 --> 01:37:21,040
shallow building foundations are put in
that there's less differential

1154
01:37:19,280 --> 01:37:28,400
settlement, less potential for cracking,
less potential for potholes.

1155
01:37:23,520 --> 01:37:33,679
Um so then the next step is to remove
the searchcharge pile and create this

1156
01:37:31,440 --> 01:37:38,239
development grade. So just basically a a
clean site for for future developers.

1157
01:37:36,400 --> 01:37:43,360
And one thing I want to note is that
throughout this entire process, there's

1158
01:37:40,560 --> 01:37:46,159
a many checks. Um, so there would be a
construction quality assurance

1159
01:37:44,480 --> 01:37:50,960
consultant that's on site continuously
with the contractor making sure that

1160
01:37:48,320 --> 01:37:55,840
everything the contractor does is done
in line with the design and the approved

1161
01:37:53,840 --> 01:37:59,280
design. In addition to that, the
construction manager and the

1162
01:37:56,960 --> 01:38:04,880
construction quality assurance team will
be making sure that the agencies are

1163
01:38:02,560 --> 01:38:09,040
also aware of what's going on throughout
the process. So weekly they're going to

1164
01:38:06,960 --> 01:38:13,199
provide construction reports that are
providing updates to the to the agencies

1165
01:38:11,199 --> 01:38:17,119
about what's happening and how it's been
going. If there's been any changes, if

1166
01:38:14,639 --> 01:38:19,840
there's been any issues, uh that that
report will be in there. Yes.

1167
01:38:18,400 --> 01:38:21,760
» When we say agencies, are we talking
DTSC and the waterboard?

1168
01:38:21,119 --> 01:38:25,360
» Yes.
>> Thank you.

1169
01:38:22,480 --> 01:38:28,960
» I say agencies because it is multiple.
Um

1170
01:38:27,520 --> 01:38:33,040
additionally, the construction quality
assurance team would prepare a report at

1171
01:38:31,119 --> 01:38:36,320
the very end of the project. uh that
could be at the end of phases or at the

1172
01:38:34,480 --> 01:38:41,679
very end depending on what the phasing
structure is. That would describe all of

1173
01:38:39,760 --> 01:38:46,719
the work that was done, any potential
changes, the dis the discussions that

1174
01:38:43,760 --> 01:38:50,560
went with the agencies, uh survey that
shows that any excavated areas were

1175
01:38:48,800 --> 01:38:54,320
excavated to the elevations that were
that were required by the design. Uh and

1176
01:38:52,880 --> 01:38:59,040
all that will be packaged up into a
construction completion report for the

1177
01:38:56,080 --> 01:39:03,440
agency waterboarder or DTSC. they would
have to approve that construction

1178
01:39:00,800 --> 01:39:10,800
completion report before any future
development activities can can occur.

1179
01:39:07,760 --> 01:39:15,679
Um so [clears throat] move forward. So
another thing that is so that would

1180
01:39:13,679 --> 01:39:19,520
remove the potential exposure pathways
to the contamination. However, the only

1181
01:39:17,840 --> 01:39:26,320
remaining exposure pathway is soil
vapor. So prior to any buildings that

1182
01:39:23,119 --> 01:39:31,199
would have uh occupancy, we would do
soil vapor sampling at two times during

1183
01:39:29,440 --> 01:39:34,239
the year. So the the soil vapor sampling
occurs between the groundwater table and

1184
01:39:32,800 --> 01:39:38,960
the surface. And because the groundwater
table fluctuates in the wet season and

1185
01:39:36,800 --> 01:39:42,480
the dry season, we would do two
instances of the sampling to get a range

1186
01:39:40,880 --> 01:39:46,239
of the concentrations that may be
present. And using that data, we would

1187
01:39:44,560 --> 01:39:49,600
evaluate whether a vapor intrusion
mitigation system is necessary for any

1188
01:39:48,239 --> 01:39:54,880
of the buildings that are going to be
constructed at the site.

1189
01:39:52,880 --> 01:40:00,480
If it's found that a vapor intrusion
mitigation system is necessary, then it

1190
01:39:57,600 --> 01:40:03,600
could consist of of the components shown
on this drawing. So the the main

1191
01:40:01,920 --> 01:40:08,800
component is really the vapor proof
membrane that would go under a

1192
01:40:05,520 --> 01:40:13,119
foundation. But additionally, if needed,
there could be a um capture and

1193
01:40:10,960 --> 01:40:18,560
conveyance system. So that like a gravel
bedding or perforated pipe to collect

1194
01:40:15,280 --> 01:40:23,199
any potential gases and and vent them uh
prior so that it prevents any of that

1195
01:40:20,800 --> 01:40:27,679
from getting into the into the
structure.

1196
01:40:25,280 --> 01:40:32,000
» Before I forget my question, uh are the
the tests uh the bianual tests also

1197
01:40:30,400 --> 01:40:36,880
provided to the agencies?
>> Yeah, so all all of the stuff that that

1198
01:40:34,960 --> 01:40:41,440
anyone does on the site is going to have
to be uploaded to Geotracker or Envir

1199
01:40:38,880 --> 01:40:44,400
Store. So, similar to the groundwater
data that that Stephanie was talking

1200
01:40:42,880 --> 01:40:47,280
about, all of that data is compiled and
and uploaded to those to those public

1201
01:40:46,480 --> 01:40:50,719
networks.
>> Thank you.

1202
01:40:48,320 --> 01:40:54,239
» Additionally, if a vapor intrusion
mitigation system is found to be

1203
01:40:52,000 --> 01:40:58,320
necessary in these buildings, there
would be additional indoor air sampling.

1204
01:40:56,080 --> 01:41:02,400
So, prior to the occupancy after
construction, there would be additional

1205
01:41:00,159 --> 01:41:07,040
indoor air sampling to make sure that
the system is working. That would

1206
01:41:04,880 --> 01:41:10,639
actually continue at regular frequencies
during the life of the building.

1207
01:41:11,440 --> 01:41:16,159
I guess is there no concern about the
vapor surrounding the building? Is it

1208
01:41:14,400 --> 01:41:18,719
only sort of within the foundation of
the building? What about like the the

1209
01:41:17,199 --> 01:41:23,679
region next to the building?
>> It's only if it has a place to collect.

1210
01:41:21,679 --> 01:41:30,315
So like it's if it could have a place to
pull otherwise it vents the atmosphere

1211
01:41:25,840 --> 01:41:30,315
and it's diluted. [clears throat]

1212
01:41:31,280 --> 01:41:36,800
And then is there um a minimum imported
fill size there? Like a minimum depth

1213
01:41:35,440 --> 01:41:41,280
for the imported fill or is it sort of
variable across the property?

1214
01:41:39,119 --> 01:41:45,040
» Uh the clean soil fill above the
imported fill is at least 5 ft

1215
01:41:43,199 --> 01:41:49,679
everywhere. The imported fill ranges in
thickness um from zero at the edges

1216
01:41:48,239 --> 01:41:53,840
where it's just the clean soil cap where
we're tying into Beayshore Boulevard or

1217
01:41:51,520 --> 01:42:00,600
the Cal Train tracks and then it gets to
15 to 20 feet towards the um the middle

1218
01:41:56,639 --> 01:42:00,600
of the site. Mhm.

1219
01:42:00,719 --> 01:42:07,280
» Is is the the demarcation fabric uh
that's never going to be penetrated? It

1220
01:42:06,159 --> 01:42:12,960
doesn't look like it is for this
building, but what if you're building a

1221
01:42:09,360 --> 01:42:18,560
you know 200 ft uh residential tower? Is
there a need to for the anchors to be

1222
01:42:16,000 --> 01:42:23,520
» So yeah, for for piles, they would go
through the through the demarcation

1223
01:42:20,719 --> 01:42:27,280
layer in the exact location of the pile.
We wouldn't put demarcation layer. It

1224
01:42:25,679 --> 01:42:31,600
would go to the edge and then the clean
soil cap would be maintained in those

1225
01:42:28,800 --> 01:42:38,679
upper five feet
or restored if needed if there's an

1226
01:42:33,360 --> 01:42:38,679
excavation. Um, yeah.

1227
01:42:39,520 --> 01:42:45,760
» When you take a sample, isn't that
>> through the chair? Is your mic on?

1228
01:42:45,119 --> 01:42:50,480
Thanks.
>> When you guys take samples,

1229
01:42:48,159 --> 01:42:55,280
um, isn't that demarcation barrier
penetrated?

1230
01:42:52,320 --> 01:42:58,960
uh if we need to do sampling below the
demarcation layer then the demarcation

1231
01:42:57,199 --> 01:43:04,159
layer and the above soil would be
replaced. And so in the remedial design

1232
01:43:01,600 --> 01:43:07,199
plan there's um there's what's called a
soil and groundwater management plans

1233
01:43:05,600 --> 01:43:11,119
for that any soil disturbing activities
including sampling there there's a set

1234
01:43:09,840 --> 01:43:17,000
of procedures that would need to be
followed and that would include

1235
01:43:12,719 --> 01:43:17,000
reconstruction of the cap

1236
01:43:22,159 --> 01:43:32,880
And that that's the end of my slides.
>> Any other questions from the commission?

1237
01:43:29,840 --> 01:43:38,840
» Thank you.
>> All right. Uh any further staff

1238
01:43:34,880 --> 01:43:38,840
presentation or are we done?

1239
01:43:39,760 --> 01:43:43,199
» No additional staff presentation.
>> Thank you.

1240
01:43:41,920 --> 01:43:48,639
» Thank you.
>> All right. Um

1241
01:43:46,639 --> 01:43:52,159
we have had I think somebody said at
least five meetings with public comments

1242
01:43:50,480 --> 01:43:56,080
and we have really really appreciated
them. We've read the written

1243
01:43:54,560 --> 01:44:00,159
communications.
Um and we thank you all for your input.

1244
01:43:57,840 --> 01:44:05,360
It's been valuable. I I hope some of our
questions have reflected the fact that

1245
01:44:02,320 --> 01:44:10,880
we have um listened to your comments and
and applied them to the the task at

1246
01:44:07,920 --> 01:44:14,480
hand. Um, with that being said, I think
it is time for the chair to entertain a

1247
01:44:12,639 --> 01:44:17,199
motion to close the public hearing.
>> I'll make a motion to close the public

1248
01:44:16,159 --> 01:44:20,560
hearing.
>> I'll second that.

1249
01:44:18,800 --> 01:44:26,159
» All in favor?
>> Any opposed?

1250
01:44:22,560 --> 01:44:31,840
» Motion passes with five eyes.
We are now entering the deliberation

1251
01:44:28,000 --> 01:44:35,360
phase of this meeting and any other me.
I'm not sure we're going to get through

1252
01:44:32,800 --> 01:44:40,480
everything tonight, folks. It's a large
thing to get our hands around, but we're

1253
01:44:37,199 --> 01:44:48,400
going to get a start. Um, my suggestion
is um that we start with the Bayand's

1254
01:44:44,800 --> 01:44:52,880
mobility plan um or the Bayore mobility
plan, excuse me. um for the simple

1255
01:44:50,880 --> 01:45:01,280
reason that it is discreet and separable
from the other aspects of of um the

1256
01:44:56,719 --> 01:45:07,520
larger picture. Um and um sort of the
the easiest piece to grab and chew on

1257
01:45:04,080 --> 01:45:15,040
first. Um so I'd like to entertain any
any thoughts, opinions, deliberations

1258
01:45:09,920 --> 01:45:17,840
about that. Uh let's start with Darius.
Yeah, I mean, uh, you know, I have a

1259
01:45:16,560 --> 01:45:21,360
hard time wrapping my head around how
the the road dieting would help, even

1260
01:45:19,440 --> 01:45:24,480
though that's what, you know, everyone
says would help. So, I think I like the

1261
01:45:22,639 --> 01:45:29,040
idea of sort of breaking it up, um, into
subcomponents there. Uh,

1262
01:45:27,600 --> 01:45:31,920
I'm still chewing through it, so no
additional sort of questions or comments

1263
01:45:30,159 --> 01:45:35,600
for me other than I I don't like the
idea of road diet or sort of restricting

1264
01:45:33,600 --> 01:45:40,719
that there. Um, so I kind of park it for
that right now.

1265
01:45:38,639 --> 01:45:48,639
Um well, [clears throat]
I'm in favor of uh keeping two lanes

1266
01:45:44,000 --> 01:45:55,840
each way. And um I liked what uh Chair
Gooding um asked our expert there about

1267
01:45:52,719 --> 01:46:01,040
um if we can keep the two lanes each
way, but all but enhance beayhore in

1268
01:45:58,320 --> 01:46:08,159
other ways. So for example, with the
sidewalks and things like that. Um,

1269
01:46:05,440 --> 01:46:14,679
yeah, that would be my only objection to
to the Beayore mobility plan is just the

1270
01:46:11,040 --> 01:46:14,679
reduction in lanes.

1271
01:46:16,719 --> 01:46:21,440
» Uh, well, I may be the u the
[clears throat] lone voice here. I'm

1272
01:46:20,159 --> 01:46:26,239
actually very intrigued by the
philosophy of the complete street thing

1273
01:46:23,440 --> 01:46:30,159
and I think the the road diet may be
sort of pjorative. I like the idea

1274
01:46:28,000 --> 01:46:35,760
behind it. You know, I think that uh it
is a I think philosophically a different

1275
01:46:32,560 --> 01:46:39,360
way of looking at how streets function
and enabling um more modes of

1276
01:46:37,920 --> 01:46:44,320
transportation. In the end, you may be
able to move more people. It's not just

1277
01:46:41,520 --> 01:46:50,800
about moving more cars. Um and I think
also part of it is looking to the future

1278
01:46:46,960 --> 01:46:57,199
state, not so much um what it is now. So
I I think it does um the road diet and a

1279
01:46:55,040 --> 01:47:04,960
complete streets model represents kind
of a change in the way we think about um

1280
01:47:02,000 --> 01:47:10,880
about roads. So I'm actually maybe a
little more open to it than um uh

1281
01:47:09,440 --> 01:47:14,239
than maybe some other members of the
commission. I think it I think it needs

1282
01:47:12,639 --> 01:47:18,239
further study. I'm a little bit worried
about how

1283
01:47:16,000 --> 01:47:24,320
uh for example, you put a road diet just
in a certain stretch of beayshore, it

1284
01:47:20,800 --> 01:47:28,960
could represent kind of a a plug in a
way and maybe kind of a token,

1285
01:47:26,719 --> 01:47:35,600
aspirational token to changing the way
you think about roads. uh that in the

1286
01:47:33,760 --> 01:47:40,960
big picture may not make much
difference, but I think we all want,

1287
01:47:39,199 --> 01:47:48,320
you know, we want to be able to move
around in ways that aren't completely

1288
01:47:42,719 --> 01:47:53,520
dependent on cars. Um so I I I'm open to
opening keeping my mind open to uh to

1289
01:47:52,080 --> 01:47:57,600
this model.
>> Great. Alex,

1290
01:47:55,280 --> 01:48:04,080
» I
have concerns and I'd be opposed to the

1291
01:48:00,320 --> 01:48:11,199
road diet and reduction. I'd be opposed
and concerned about reduction of lanes

1292
01:48:08,480 --> 01:48:14,560
um with the road diet and believe
there's probably opportunities for

1293
01:48:12,880 --> 01:48:18,800
alternative
um

1294
01:48:16,080 --> 01:48:27,760
ways to try to manage uh traffic and
mobility um without reducing the lanes.

1295
01:48:24,320 --> 01:48:32,880
Yeah, my my concerns for my two cents is
is as follows. Is that as I understand

1296
01:48:30,159 --> 01:48:38,560
that the plan that the beayhore would
remain two lanes in each direction north

1297
01:48:36,239 --> 01:48:43,119
of I just blanked on the name of the
street. The one north of Geneva

1298
01:48:41,520 --> 01:48:48,000
um
>> no north

1299
01:48:46,080 --> 01:48:54,440
um
the north in San Francisco. Sunnydale.

1300
01:48:51,280 --> 01:48:54,440
Thank you.

1301
01:48:54,639 --> 01:49:01,760
It's late. Um,
and then it siphons down to one lane all

1302
01:48:59,840 --> 01:49:07,840
the way down to San Bruno Avenue. So,
essentially the the area that is put at

1303
01:49:05,040 --> 01:49:12,000
um the area where the traffic is
condensed and and compressed is

1304
01:49:10,400 --> 01:49:16,000
basically
Brisbane and the Baylands and that north

1305
01:49:14,320 --> 01:49:22,239
and south of it sort of business as
usual. And I I not a traffic engineer,

1306
01:49:19,119 --> 01:49:28,880
but you know, I drive that street as
much as anybody else in this room or

1307
01:49:24,480 --> 01:49:34,800
listening on TV. Um I just don't have
the the faith that that's an answer to

1308
01:49:32,080 --> 01:49:38,159
the problem. And I'm not even positive
what what the problem is that's being

1309
01:49:36,480 --> 01:49:45,679
addressed other than the perception
perhaps that traffic along Beayshore

1310
01:49:40,800 --> 01:49:49,760
tends to get fast. um
haven't seen a lot of that but even

1311
01:49:47,199 --> 01:49:53,920
assuming that to be true I my opinion is
that there's there are ways to deal with

1312
01:49:52,159 --> 01:50:00,239
with that there are calming methods
there's narrowing of lanes there's

1313
01:49:56,960 --> 01:50:05,199
turning the lanes both Vaness and
Petrero are examples of where there's

1314
01:50:01,840 --> 01:50:09,520
been lots of calming things done to make
traffic flow better and I take both of

1315
01:50:07,280 --> 01:50:14,960
those streets a lot and it does works
anyway so my

1316
01:50:12,239 --> 01:50:21,040
one opinion out of five is is that I'm
opposed to the the road diet concept.

1317
01:50:18,000 --> 01:50:24,960
However, listening to folks over the
past, you know, five sessions tells at

1318
01:50:23,280 --> 01:50:33,440
least me and I think all of us that
there's a perception of a need for

1319
01:50:28,000 --> 01:50:41,199
improving the um the pedestrian and and
um you know multimmodal safety of people

1320
01:50:36,159 --> 01:50:46,800
using beayshore um bicycles and
e e scooters and all that. Um, so that's

1321
01:50:45,280 --> 01:50:53,520
why I'd asked the question of staff and
and ESA about the feasibility of of

1322
01:50:50,320 --> 01:50:59,360
being able to continue. Um there are
things being done to Beayshore under the

1323
01:50:56,159 --> 01:51:04,400
mobility plan where it adjoins bay lands
that make decent sense that are kind of

1324
01:51:02,719 --> 01:51:11,360
really sensible to allow new streets
coming into it that I that I think um

1325
01:51:08,560 --> 01:51:15,360
um the traffic folks
document they submitted for this this

1326
01:51:13,199 --> 01:51:19,280
meeting was very helpful that we can
leave in things that directly benefit

1327
01:51:17,199 --> 01:51:26,880
and are important for the flow and the
circulation for the bayands. um without

1328
01:51:22,880 --> 01:51:32,480
the road diet piece. And my suggestion
would be to pass on to the to the

1329
01:51:29,600 --> 01:51:40,639
council a recommendation that those
aspects be retained and that they um

1330
01:51:38,000 --> 01:51:47,199
pursue or inquire further of the traffic
experts whether or not uh I think they

1331
01:51:43,119 --> 01:51:51,040
turn a class one um area adjacent to
Beayshore, I guess it would be the west

1332
01:51:48,320 --> 01:51:56,320
side probably, would work for this for
the entire stretch of of of Beayshore.

1333
01:51:54,080 --> 01:52:00,639
um that is subject to the mobility plan.
Um they might be trying to eat our you

1334
01:51:58,719 --> 01:52:05,679
know eat our cake and have it too or
whatever the saying is. Um there may or

1335
01:52:02,960 --> 01:52:08,400
may not be right away room but I think
you know getting a hard answer to that

1336
01:52:06,960 --> 01:52:13,040
would be really beneficial and that
would be my suggestion as to what what

1337
01:52:10,560 --> 01:52:17,920
to pass along to the council.
And and I just want to add like other

1338
01:52:15,119 --> 01:52:22,639
reasons why I think we should keep
beayhore two lanes each way is you know

1339
01:52:20,000 --> 01:52:28,719
um a lot of the folks who spoke talked
about potential emergencies, the need

1340
01:52:24,639 --> 01:52:34,639
for more lanes. Um you know coming and
going um you know and and you know and I

1341
01:52:31,199 --> 01:52:39,280
think I think we need the additional um
lanes for for for those situations. And

1342
01:52:37,679 --> 01:52:43,199
and we also have to keep in mind, I
mean, we have Crocker Park, we have all

1343
01:52:40,880 --> 01:52:47,920
the trucks and semis, we have the
quarry, um whatever development that's

1344
01:52:45,679 --> 01:52:54,639
going to go there, probably more more
trucks and semis. Um you know, and and I

1345
01:52:51,920 --> 01:53:00,480
think if if the concern is we want to
calm Shore down, I think we could think

1346
01:52:57,119 --> 01:53:04,719
about putting in um
speeding cameras. you know, San

1347
01:53:02,080 --> 01:53:10,880
Francisco um is in their trial period
and um uh there was a study that said

1348
01:53:07,920 --> 01:53:16,159
that speed cameras not only brought in
um a lot of revenues for for for the

1349
01:53:13,599 --> 01:53:21,599
city, but it it changed behavior. It I
think it reduced beating by about 80%.

1350
01:53:19,119 --> 01:53:28,320
So that's definitely something um I
think that we can consider rather than

1351
01:53:24,719 --> 01:53:34,159
you know taking away extra lanes. So
>> you know along with that I mean talk of

1352
01:53:31,280 --> 01:53:40,480
like if trying to reduce traffic speed
we installed a signal mast on what

1353
01:53:37,679 --> 01:53:46,719
Sierra Point and Beayshore that hasn't
been activated that was placed a couple

1354
01:53:43,119 --> 01:53:51,280
years ago. Um and certainly if a signal
light was installed there and working

1355
01:53:49,040 --> 01:53:55,679
you know that certainly I think would
reduce

1356
01:53:52,880 --> 01:54:02,920
ashore traffic speed. So there's I think
there's other alternatives that make

1357
01:53:59,199 --> 01:54:02,920
that can be looked at.

1358
01:54:03,199 --> 01:54:13,280
» So So how would you want are we voting
on each thing now or how are we going to

1359
01:54:09,679 --> 01:54:17,440
» I think that the the a workable plan is
to the extent it's these pieces are are

1360
01:54:15,360 --> 01:54:21,760
chunks that we can separate out is
discuss one vote on it discuss the other

1361
01:54:20,560 --> 01:54:25,520
vote on it and on.
>> Okay. Um, there's a couple more coming

1362
01:54:23,679 --> 01:54:30,400
up that I think we can maybe knock out
as well. And I'm I'm intentionally

1363
01:54:28,400 --> 01:54:35,199
leaving for last the actual Bayland
specific plan because it's it's the

1364
01:54:32,159 --> 01:54:39,599
elephant in the room. Um, and you know,
10:30 at night might not be the time to

1365
01:54:36,960 --> 01:54:46,320
start deliberating on that. Um, but
let's do what we can as as we can. So,

1366
01:54:43,119 --> 01:54:50,159
um, dealing with this piece, um,
one suggestion I have for for a motion,

1367
01:54:48,159 --> 01:54:55,280
and we can tweak it if people want to,
is is as follows, is that we, um, we

1368
01:54:53,440 --> 01:55:01,199
would recommend, remember, this this
body is recommending to the city council

1369
01:54:57,679 --> 01:55:05,599
X, Y, and Z. We have no policym power.
Our job here is to look at it, analyze

1370
01:55:04,000 --> 01:55:09,679
it, listen to you folks, and then come
up with our recommendations and or

1371
01:55:07,760 --> 01:55:15,920
suggestions to the council as to how to
proceed. and they are the ultimate

1372
01:55:11,440 --> 01:55:20,320
deciders. So Matt like my
first take and this would be to

1373
01:55:17,920 --> 01:55:23,800
recommend adoption of the bailance
mobility plan.

1374
01:55:24,480 --> 01:55:32,000
rewind to the being sentence is to
adopt. Um the one document I didn't

1375
01:55:29,040 --> 01:55:35,760
print out was the track engineers report
of their suggestion as to how to handle

1376
01:55:33,920 --> 01:55:42,719
it. And may I should probably just punt
to that. Um there is in the um document

1377
01:55:39,599 --> 01:55:46,400
submitted with this agenda uh a document
from um help me with the name of the

1378
01:55:45,599 --> 01:55:51,119
firm.
>> Fen Pierce.

1379
01:55:47,599 --> 01:55:58,320
» Thank you. um that sets forth exactly
what sections of the mobility plan as it

1380
01:55:53,360 --> 01:56:03,599
pertains to Beayshore um are feasible to
do that would benefit the circulation

1381
01:56:01,199 --> 01:56:08,159
plan for the Bayance development that
would not entail

1382
01:56:05,840 --> 01:56:14,320
reducing it from two lanes to one. that
my motion would be to recommend to a

1383
01:56:10,800 --> 01:56:19,440
council adoption of th those portions of
the mobility plan um but not the

1384
01:56:16,639 --> 01:56:26,639
portions that that provide the road
diet. Um and then furthermore that we um

1385
01:56:24,159 --> 01:56:30,280
recommend to the council
that um

1386
01:56:30,800 --> 01:56:37,920
they
make further inquiries with the the

1387
01:56:34,880 --> 01:56:43,840
traffic experts as to the feasibility of
um a class one or comparable um sidewalk

1388
01:56:42,239 --> 01:56:49,920
improvements to the remainder of
Beayshore. um that is not accomplished

1389
01:56:46,960 --> 01:56:57,280
by the parts of the mobility plan that
are directly um benefiting the core

1390
01:56:54,159 --> 01:57:04,000
project. It's a long motion
>> and yes I will second that motion

1391
01:57:01,840 --> 01:57:06,239
» before
does that make enough sense for you

1392
01:57:05,360 --> 01:57:10,400
folks to handle it?
>> Yeah. The the one clarification that we

1393
01:57:08,000 --> 01:57:16,000
might um ask is that there is a draft
resolution in your packet um as part of

1394
01:57:12,880 --> 01:57:23,440
attachment one. It's um draft planning
commission resolution PC126

1395
01:57:20,320 --> 01:57:32,159
um which has the recommendation
to council to consider adoption of the

1396
01:57:27,520 --> 01:57:37,679
mobility plan. Um if the commission
agrees, you could put your motion in the

1397
01:57:35,119 --> 01:57:40,239
context of approving that resolution
with the changes that the chair just

1398
01:57:39,679 --> 01:57:43,360
described.
>> Right. That's what I

1399
01:57:42,080 --> 01:57:52,000
» I think that's what you meant. That's
what I wish I had said as well.

1400
01:57:46,719 --> 01:57:57,679
Um, but do the do the changes that I um
read out are they clear enough that you

1401
01:57:54,960 --> 01:58:01,119
folks can can wordsmith that into the
final process?

1402
01:57:58,880 --> 01:58:05,760
» Yes, we can revise the resolution with
those should the

1403
01:58:02,719 --> 01:58:08,560
» We have a second. Um, all in favor?
>> I

1404
01:58:06,239 --> 01:58:13,199
» I Any opposed?
>> None opposed? Um, I'm just going to

1405
01:58:10,480 --> 01:58:17,520
register a symbolic no just because I've
thought about it and I think there's

1406
01:58:14,480 --> 01:58:20,000
value in um in thinking about it some
more.

1407
01:58:17,840 --> 01:58:25,599
» Okay, perfectly fine. Great. The motion
passes with uh four eyes and one no.

1408
01:58:23,679 --> 01:58:28,239
» Sorry. Through the chair, were you the
you made the original motion?

1409
01:58:27,679 --> 01:58:33,360
» Sorry.
>> Did you make the original motion or say

1410
01:58:31,360 --> 01:58:40,400
ducted? Okay. Thank you.
>> And the second

1411
01:58:36,560 --> 01:58:40,400
um progress

1412
01:58:42,960 --> 01:58:50,000
I think staff that that was looking at
this that we can turn our attention to

1413
01:58:47,599 --> 01:58:58,320
the some of the general plan amendments
and the title 17 amendments that are

1414
01:58:53,840 --> 01:59:05,080
probably not contingent upon
um a recommendation of the entirety of

1415
01:59:01,520 --> 01:59:05,080
the specific plan.

1416
01:59:05,199 --> 01:59:13,360
Well, they are intended to
uh ensure consistency between the

1417
01:59:10,960 --> 01:59:18,960
general plan and the specific plan
>> um as proposed by staff. And

1418
01:59:15,520 --> 01:59:22,719
» I think we've talked before too about
when the commission is ready to make a

1419
01:59:21,040 --> 01:59:27,280
recommendation on those. There's a
certain order of operations we would

1420
01:59:24,560 --> 01:59:32,000
look to the commission to make. um
they're outlined in the resolution

1421
01:59:30,480 --> 01:59:34,480
the other resolution attached to the
June 25th staff report.

1422
01:59:33,599 --> 01:59:38,080
» Sorry, I didn't get to that.
>> So, I think well well I guess what I'm

1423
01:59:36,560 --> 01:59:41,920
trying to say is I do think that your
action on in consideration of the

1424
01:59:39,760 --> 01:59:47,397
general plan amendments do relate to how
you ultimately um

1425
01:59:45,599 --> 01:59:51,960
want to vote on the specific plan.
[clears throat]

1426
01:59:48,400 --> 01:59:51,960
» Okay. Um

1427
01:59:55,119 --> 02:00:03,280
let me let me see if I can break it up
this way. Um in your recommendation in

1428
02:00:00,400 --> 02:00:07,760
attachment one
um

1429
02:00:04,800 --> 02:00:11,440
you had um
recommended approval of the project

1430
02:00:09,760 --> 02:00:16,960
entitlements which include amending the
general plan land use element in

1431
02:00:14,080 --> 02:00:19,679
accordance with several sections to
realign the northern boundary to

1432
02:00:18,560 --> 02:00:25,280
correspond to the boundary of the
bailand specific plan. Um and then to

1433
02:00:23,679 --> 02:00:30,320
amend the general plan circulation
element in accordance with government

1434
02:00:27,440 --> 02:00:35,119
code blah blah to realign Lagoon Road
extend your point

1435
02:00:32,400 --> 02:00:39,360
» add bay lands roadways
designate the Geneva Avenue exp

1436
02:00:36,800 --> 02:00:44,239
extension and add a new roadway type for
green local streets. Is that the same

1437
02:00:41,520 --> 02:00:46,000
thing as green shared streets?
Just

1438
02:00:44,639 --> 02:00:52,520
» oh could catch
>> terminology. I think it is but

1439
02:00:47,840 --> 02:00:52,520
» yeah it is. Okay. Um,

1440
02:00:54,560 --> 02:01:05,199
it I don't think we can discuss this,
but my take is that these amendments to

1441
02:01:01,360 --> 02:01:09,840
the general plan are probably not real
controversial in this body other than

1442
02:01:07,280 --> 02:01:19,159
possibility possibly the the green
shared streets issue. Um, but this is

1443
02:01:14,639 --> 02:01:19,159
the time for other folks to chime in.

1444
02:01:22,719 --> 02:01:27,760
I mean,
>> I'm sorry, Commissioner S. I don't think

1445
02:01:25,440 --> 02:01:32,159
any of the things that you listed have
really been surfaced in in the public

1446
02:01:30,239 --> 02:01:37,040
comments or have come up as a concern
even for in my evaluations,

1447
02:01:34,960 --> 02:01:44,159
» right? I go ahead.
>> Yeah. No, I I was just concerned if

1448
02:01:40,719 --> 02:01:50,320
staff was saying that we couldn't vote
on that yet because maybe other

1449
02:01:46,800 --> 02:01:57,520
individual things we will be discussing
impacts that is was was that a concern?

1450
02:01:53,280 --> 02:02:02,639
» Yeah. And and to clar at the
the staff packet included two total

1451
02:02:00,400 --> 02:02:09,040
resolutions. One you already voted on.
So, the second resolution encompasses

1452
02:02:05,760 --> 02:02:14,560
the recommendation to the city council
for the remaining suite of documents um

1453
02:02:11,920 --> 02:02:18,800
recommending certification of the EIR,
adoption of the general plan and zoning

1454
02:02:16,880 --> 02:02:25,760
modifications that Chair Gooding just
outlined and adoption of the specific

1455
02:02:21,520 --> 02:02:32,719
plan. So, at the ultimately we'd look
for one vote from the commission on that

1456
02:02:29,520 --> 02:02:40,080
resolution. Um, but if you want to go
through and see if there's consensus on

1457
02:02:36,960 --> 02:02:45,520
on those individual elements before you
vote, you can keep a pin in that and

1458
02:02:43,199 --> 02:02:49,599
then be aware at the end of your
deliberations if there's any changes you

1459
02:02:48,159 --> 02:02:55,520
want to direct staff to make in
connection with your motion. Um, then

1460
02:02:52,080 --> 02:03:01,280
you can make that for each of the
elements that might need to change. But

1461
02:02:57,280 --> 02:03:03,360
we won't need a vote until you've
[snorts]

1462
02:03:01,760 --> 02:03:05,760
» reached your deliberations on that
package.

1463
02:03:04,320 --> 02:03:09,440
» There's no point in voting until we vote
on the whole tamalei. But we can talk

1464
02:03:07,440 --> 02:03:12,000
about the pieces we may want to parse
out and and

1465
02:03:11,119 --> 02:03:15,840
» exactly. So
>> with or make suggestions otherwise

1466
02:03:14,000 --> 02:03:21,040
» if Yeah. So if if the commission had
decided that you were comfortable with

1467
02:03:18,719 --> 02:03:25,599
the recommendations for the general plan
amendments, you could

1468
02:03:24,320 --> 02:03:30,080
have that understanding amongst
yourselves. move on to the next topic,

1469
02:03:27,679 --> 02:03:36,960
but you wouldn't need to vote until you
were ready to move that entire package.

1470
02:03:32,560 --> 02:03:41,679
» That makes sense. Thank you. Um so
sticking with with the general plan um

1471
02:03:39,679 --> 02:03:47,199
land use element
amendments for the moment. Does anybody

1472
02:03:44,480 --> 02:03:51,599
have any issues, concerns or any
understandings of concerns out there

1473
02:03:48,880 --> 02:03:56,480
about anything
street and circulation wise

1474
02:03:54,320 --> 02:04:02,320
other than
what I raised about the green shared

1475
02:03:58,400 --> 02:04:08,480
streets? Well, for example, um my
question about conservation easements,

1476
02:04:05,599 --> 02:04:16,880
would would that not impact the vote
that you were requesting we make for

1477
02:04:12,159 --> 02:04:22,320
voting on the other stuff? No.
Um, no. The my understanding of our

1478
02:04:19,360 --> 02:04:24,960
conversation previously is that if the
commission were to make that

1479
02:04:23,360 --> 02:04:31,119
recommendation, that would likely be
something discussed as part of

1480
02:04:27,760 --> 02:04:34,880
potentially a DA
um

1481
02:04:33,360 --> 02:04:39,119
rather than a revision to the
>> I'm not sure I understand your your

1482
02:04:36,560 --> 02:04:42,480
question or concern about the the
conservation easements.

1483
02:04:41,199 --> 02:04:44,560
» Okay. Okay.
>> As it pertains to the the street issues

1484
02:04:44,080 --> 02:04:51,040
here.
>> Okay. So, I mean,

1485
02:04:47,679 --> 02:04:54,800
I I was just concerned that that that
making that recommendation might impact

1486
02:04:53,440 --> 02:05:00,159
all those other things that you were
listing and and and if I'm wrong and and

1487
02:04:57,840 --> 02:05:04,159
it doesn't, so we I mean, I'm fine with
moving forward on on that then.

1488
02:05:02,159 --> 02:05:07,440
» I wonder if also like I mean like has
been suggested, we put a pin in it.

1489
02:05:05,599 --> 02:05:10,440
We're not committing to it. we discover
later

1490
02:05:14,560 --> 02:05:21,119
but for now as general principle I think
I agree we can

1491
02:05:18,480 --> 02:05:24,880
» kind of say well this is like probably
in general seems okay we might have to

1492
02:05:22,960 --> 02:05:29,960
revisit it but we can move on to the
meaty things which might be for example

1493
02:05:30,239 --> 02:05:34,880
uh you know things we won't have you
know whatever the e the specific plan as

1494
02:05:33,440 --> 02:05:39,360
a whole I know we're going to talk about
many details about for each of those and

1495
02:05:37,599 --> 02:05:44,560
in particular the specific plan. I'm
sure we have a lot of comments and uh

1496
02:05:41,520 --> 02:05:48,040
deliberation there.
>> Okay. Um

1497
02:05:48,639 --> 02:05:54,480
so let me try to stick to this one
bullet point that's obviously a B in my

1498
02:05:52,639 --> 02:05:58,480
bonnet um about the green shared
streets. Does anybody else have any any

1499
02:05:56,480 --> 02:06:03,440
opinions or or
>> what's the B? I don't I don't I I like

1500
02:06:00,639 --> 02:06:07,760
green streets. Green shared streets. the
the the green shared streets that are in

1501
02:06:05,679 --> 02:06:13,679
the the specific plan that are
envisioned by it are the streets that

1502
02:06:10,239 --> 02:06:19,440
are that run east west
um between the sort of north south

1503
02:06:16,960 --> 02:06:24,960
arterials in the residential district
that are that carry traffic

1504
02:06:22,480 --> 02:06:32,000
um that is pedestrian traffic or bicycle
traffic or motor vehicle traffic um from

1505
02:06:29,520 --> 02:06:36,639
the north south street you come in on
from through the residential

1506
02:06:34,159 --> 02:06:39,520
neighborhood either into a garage or the
park whatever

1507
02:06:37,760 --> 02:06:40,880
» or to the next arterial over that runs
north south.

1508
02:06:40,079 --> 02:06:47,280
» Yeah.
>> I I had initially brought up my concerns

1509
02:06:43,520 --> 02:06:53,360
regarding safety because I didn't think
cars, ebikes, scooters, pedestrians,

1510
02:06:51,360 --> 02:06:57,760
dogs
should all be mixed together because I

1511
02:06:55,440 --> 02:07:02,560
think that's a recipe for disaster. But,
you know, unless someone else I mean,

1512
02:07:00,800 --> 02:07:06,960
you know, we've we've heard from staff
and some of the experts that they felt

1513
02:07:04,320 --> 02:07:12,480
that that wouldn't be an issue, but uh
it's just I've experienced San Francisco

1514
02:07:09,840 --> 02:07:17,199
and parts where they have that and um
didn't make me feel comfortable. So,

1515
02:07:15,119 --> 02:07:21,119
having it here wasn't something, you
know, I thought, you know, at least I

1516
02:07:20,000 --> 02:07:26,880
had the concern about.
>> Yeah. I I think uh for some of those I

1517
02:07:25,119 --> 02:07:30,719
like what I did when I was looking at
the road diet thing is like well are

1518
02:07:28,639 --> 02:07:34,159
there other examples I think Valencia in
the city is an example you think about

1519
02:07:32,239 --> 02:07:39,840
what's the objective of a road diet well
one of it is safety so regardless of

1520
02:07:36,639 --> 02:07:44,800
your impressions of place like Valencia
I think by that metric the road diet

1521
02:07:42,560 --> 02:07:47,920
there has been successful and I know
we're not talking about road diet now

1522
02:07:46,159 --> 02:07:52,320
we're talking about green shared streets
but you could do just do the same thing

1523
02:07:49,599 --> 02:07:57,119
there look what are the what are the
stated goals of these green shared

1524
02:07:54,639 --> 02:08:01,760
streets and have they met their those
objectives in the areas where they have

1525
02:07:58,960 --> 02:08:06,480
been built and I haven't actually looked
at that but I suspect they probably do

1526
02:08:04,639 --> 02:08:09,360
um you know in in neighborhoods I think
we saw a lot of them that come up in San

1527
02:08:07,920 --> 02:08:15,040
Francisco over the last few years right
during co um

1528
02:08:12,639 --> 02:08:20,320
just to
um and but something we clearly were

1529
02:08:17,760 --> 02:08:22,800
need to look at a little bit more but I
actually did not appreciate,

1530
02:08:21,440 --> 02:08:28,159
Commissioner Gooding, that it was a
concern of of yours, you know, or or of

1531
02:08:25,840 --> 02:08:33,239
yours.
Any other takes on this one?

1532
02:08:34,560 --> 02:08:43,560
Okay. Um
well,

1533
02:08:39,119 --> 02:08:43,560
I'll just put a pin in that then. Um

1534
02:08:44,960 --> 02:08:52,400
never know what happens to those pins,
but um

1535
02:08:49,520 --> 02:08:55,199
All right. So
I'm not carrying the the commission on

1536
02:08:54,079 --> 02:09:02,560
the shared streets thing. So I'll let
that slide. It appears to me that that

1537
02:08:58,719 --> 02:09:05,599
without being able to
do a separate resolution just about

1538
02:09:04,159 --> 02:09:10,159
amending the general plan that nobody
here has any significant concerns with

1539
02:09:07,760 --> 02:09:13,320
the the pieces of the amendments that
are requing

1540
02:09:22,320 --> 02:09:29,040
title 17 zoning of the prison municipal
code to implement the Bayand specific

1541
02:09:26,800 --> 02:09:32,960
plan in accordance with the government
code. Um this involves changing the

1542
02:09:31,199 --> 02:09:39,040
zoning designations of land within the
the plan area from commercial mixed use

1543
02:09:36,800 --> 02:09:43,679
um
from Marsh Lagoon Bayront and

1544
02:09:40,560 --> 02:09:48,159
manufacturing to Bayland specific plan
BSP designation. It involves

1545
02:09:46,480 --> 02:09:52,480
establishing the land use regulations
and development standards set forth in

1546
02:09:49,920 --> 02:09:56,880
the specific plan as the regulatory
authority governing it and amending the

1547
02:09:54,960 --> 02:10:01,480
city zoning map to reflect those zoning
changes.

1548
02:09:58,480 --> 02:10:01,480
Um,

1549
02:10:06,400 --> 02:10:13,119
this all seems rather administrative and
ministerial. I don't think there's any

1550
02:10:10,560 --> 02:10:18,400
particular policy things buried in this.
It's simply calling them things that are

1551
02:10:16,480 --> 02:10:24,159
then make the implementation plan make
make sense almost grammatically. So any

1552
02:10:21,199 --> 02:10:27,119
other takes than that and this would
suggest something like the noise

1553
02:10:25,360 --> 02:10:29,840
ordinance or other parts from town would
already apply to this regardless of what

1554
02:10:28,239 --> 02:10:33,599
we call it. So whether we call it BSP or
that sort of the same policy still apply

1555
02:10:32,079 --> 02:10:36,880
to that region. It's just sort of
renaming what we call it. I I think so.

1556
02:10:35,520 --> 02:10:43,599
And that but that's a good question to
to um one of the callers or speakers um

1557
02:10:41,040 --> 02:10:48,159
had a question about whether um pile
driving could occur

1558
02:10:45,679 --> 02:10:51,800
at night outside of what are generally
otherwise the noise

1559
02:10:51,920 --> 02:10:59,920
the noise ordinances that currently in
place. Um any comment on that one?

1560
02:10:57,760 --> 02:11:07,119
» Well, first the city's noise ordinance
applies citywide. So regardless of what

1561
02:11:04,159 --> 02:11:13,280
designation applies, it
applies right now. It would apply if the

1562
02:11:09,920 --> 02:11:18,880
area were reszoned BSP. just to make
that clear. Um we do have ESA team

1563
02:11:17,440 --> 02:11:27,280
members who can probably speak in more
detail to this, but um the the EI's

1564
02:11:24,000 --> 02:11:33,520
discussion of noise impacts um related
to pile driving is not related to to

1565
02:11:30,719 --> 02:11:38,560
that activity occurring at night. Um
obviously the noise ordinance does limit

1566
02:11:35,520 --> 02:11:43,199
construction activity to certain hours.
Um, the only activity that the E

1567
02:11:40,800 --> 02:11:46,960
discusses as occurring potentially
during nighttime hours, which would need

1568
02:11:44,880 --> 02:11:54,800
to go through a noise exception permit
process would be other activities like

1569
02:11:49,840 --> 02:11:58,159
um pouring concrete or um non-pile
driving activity. Um, that's the only

1570
02:11:56,480 --> 02:12:02,239
thing addressed in the ER that I could
see. I don't know if anyone on ESA's

1571
02:12:00,239 --> 02:12:07,440
team might have a little more
information on um its analysis of noise

1572
02:12:05,440 --> 02:12:10,159
impacts related to pile driving
specifically.

1573
02:12:08,239 --> 02:12:16,159
» We yeah, we can also look at at
mitigation measure NOI1

1574
02:12:12,800 --> 02:12:22,400
and pile driving is expressly limited
there between 8:00 a.m. and 400 p.m.

1575
02:12:18,880 --> 02:12:27,679
Monday through Friday um and prohibited
on weekends and holidays. So that again

1576
02:12:24,400 --> 02:12:32,320
st those standard um noise restrictions
from the noise ordinance and the

1577
02:12:29,040 --> 02:12:37,679
mitigation uh program apply for for
those limitations.

1578
02:12:34,400 --> 02:12:42,560
» Thank you. Um while we're on topic of
existing Brisbane laws applying to the

1579
02:12:40,000 --> 02:12:48,000
bay lands um can anybody clarify the
dark sky issue? My understanding is that

1580
02:12:45,040 --> 02:12:53,440
the project is subject to
the building project and the completed

1581
02:12:51,199 --> 02:12:58,719
project are both subject to dark sky
laws. Um, am I correct?

1582
02:12:57,119 --> 02:13:04,079
» You're correct. So, the dark sky
ordinance does have standards applicable

1583
02:13:02,079 --> 02:13:09,920
to construction activity and and those
are referenced in the ER as well. Um the

1584
02:13:07,119 --> 02:13:15,679
existing dark sky ordinance obviously
does not reference the BSP as a district

1585
02:13:13,440 --> 02:13:19,679
because it didn't exist at the time or
still doesn't exist um when the

1586
02:13:17,280 --> 02:13:24,560
ordinance was drafted. What it does
address though in section

1587
02:13:22,800 --> 02:13:29,679
1588050
which sets lighting standards by zoning

1588
02:13:26,560 --> 02:13:33,520
district. Um the last row of of that
table with the standards says that any

1589
02:13:31,679 --> 02:13:38,960
other zoning district or uses that
aren't explicitly named. So like future

1590
02:13:36,880 --> 02:13:42,400
districts that might not have existed at
the time we wrote the ordinance uh would

1591
02:13:41,199 --> 02:13:47,199
be determined at the time of the
application involved. Um so the director

1592
02:13:46,079 --> 02:13:51,360
essentially the community development
director would make a interpretation of

1593
02:13:49,119 --> 02:13:54,800
what's the closest applicable district.
So that's how the the noise ordinance

1594
02:13:52,960 --> 02:13:59,360
addresses it this kind of situation.
Now, um, you know, should the commission

1595
02:13:57,760 --> 02:14:03,760
want to make a recommendation to council
that standards be specified and that

1596
02:14:02,000 --> 02:14:08,719
ordinance be amended, um, to
specifically call out the BSP,

1597
02:14:06,800 --> 02:14:13,040
which obviously would have a lot of
different neighborhoods and land use

1598
02:14:10,560 --> 02:14:17,360
types, right? You'd want to look very
carefully at that. Um, that's something

1599
02:14:14,880 --> 02:14:20,400
you could add to your recommendation to
council.

1600
02:14:19,040 --> 02:14:24,960
So the recommendation would sound
something like to consider amending the

1601
02:14:22,960 --> 02:14:30,560
dark dark side ordinance to specify the
newly created districts.

1602
02:14:27,360 --> 02:14:35,520
» Yeah. To to develop lighting uh levels
for the BSP district. Well, and it just

1603
02:14:33,920 --> 02:14:40,719
one minor clarification on there because
at this point you that

1604
02:14:38,320 --> 02:14:46,000
um that section of the ordinance isn't
something that has been noticed

1605
02:14:43,448 --> 02:14:51,599
[clears throat] or is
being considered for amendment right

1606
02:14:48,560 --> 02:14:56,880
now. Though the the specific plan um in
section 3.3 does have um lighting design

1607
02:14:54,960 --> 02:15:02,960
standards
um that are intended to promote dark sky

1608
02:15:00,320 --> 02:15:07,040
preservation. And then a a subdivision
of that, the performance standards does

1609
02:15:04,639 --> 02:15:11,599
specify that all lighting um shall
comply with the city's dark sky

1610
02:15:08,560 --> 02:15:16,480
ordinance. So um the specific plan
already kind of incorporates those um

1611
02:15:14,400 --> 02:15:20,800
standards through reference as well.
>> Okay.

1612
02:15:18,400 --> 02:15:27,360
And may may I chime in as well,
counselor and directors, we also have a

1613
02:15:23,440 --> 02:15:35,119
mitigation measure in the EIR apart from
um identifying compliance with municipal

1614
02:15:30,320 --> 02:15:41,599
code chapter 15.88, 88. It does identify
uh lumen requirements for site specific

1615
02:15:39,040 --> 02:15:48,560
development projects within the specific
plan and it's quite detailed and I will

1616
02:15:44,800 --> 02:15:50,480
spare you the um recitation of all the
lumens.

1617
02:15:49,599 --> 02:15:55,840
» Okay. Thank you.
>> Thank you. Yeah, it's in sorry thanks

1618
02:15:52,639 --> 02:15:59,679
for pointing that out Terry. It's in
section S.3.1.4

1619
02:15:59,199 --> 02:16:09,199
for
>> and also mitigation measure um AES

1620
02:16:03,599 --> 02:16:14,840
aesthetics uh 4B sky globe prevention.
So if if so Eric if it does say that the

1621
02:16:11,360 --> 02:16:14,840
specific plan

1622
02:16:14,880 --> 02:16:20,960
implementation must comply with the dark
sky ordinance that seems to settle it.

1623
02:16:19,199 --> 02:16:27,000
Yeah, I would I would agree with that.
Okay.

1624
02:16:22,800 --> 02:16:27,000
Okay. Okay. Um

1625
02:16:27,520 --> 02:16:31,960
where to next? Um

1626
02:16:32,639 --> 02:16:42,639
the issue of certifying the final EIR
would appear to be

1627
02:16:39,599 --> 02:16:47,800
separable from
recommending the specific plan itself,

1628
02:16:44,479 --> 02:16:47,800
would it not?

1629
02:16:49,040 --> 02:16:52,000
» Yeah.
>> A separate item to deliberate on.

1630
02:16:51,280 --> 02:16:56,399
Correct.
>> Yeah, they're they're included in the

1631
02:16:53,439 --> 02:17:00,080
same resolution though. And at this
point you have staff recommends but

1632
02:16:58,080 --> 02:17:04,960
recommendation to certify recommendation
to adopt though commission's

1633
02:17:03,120 --> 02:17:10,639
deliberations can modify the staff
recommendations. So yeah, you could

1634
02:17:08,880 --> 02:17:14,000
in I guess more direct response to your
question, you could end up after

1635
02:17:11,920 --> 02:17:20,160
deliberation
with a recommendation to certify the EIR

1636
02:17:18,000 --> 02:17:26,319
but for some reason not adopt the
specific plan or adopt the specific plan

1637
02:17:22,399 --> 02:17:33,840
with changes so that you don't have to
accept both staff recommendations on on

1638
02:17:30,319 --> 02:17:39,040
both of those items.
>> Great.

1639
02:17:36,000 --> 02:17:44,800
Does anybody in up here have any issue
with with the commission certifying the

1640
02:17:41,519 --> 02:17:50,319
IR as a as a standalone issue just
before we get to the plan?

1641
02:17:48,319 --> 02:17:55,519
» Uh I do not my understanding is that
often commissions don't don't aren't

1642
02:17:52,800 --> 02:17:59,760
specifically asked to uh to recommend
approving the AR. It's just a it's a

1643
02:17:57,840 --> 02:18:03,519
document. They don't I I think most of
the

1644
02:18:01,760 --> 02:18:09,519
substantive deliberations are going to
be about the specific plan itself. So I

1645
02:18:06,719 --> 02:18:17,840
I I think it would be a great timesaver
if we could say yeah let's certify the

1646
02:18:12,559 --> 02:18:23,760
AR and move on to uh the plan itself.
My understanding is that this the city

1647
02:18:20,479 --> 02:18:28,000
council must certify that the IR has
been completed in accordance with SQA as

1648
02:18:25,599 --> 02:18:33,280
a predicate to adopting a special plan.
>> Yep. That that is correct. So before the

1649
02:18:29,920 --> 02:18:37,599
the city council takes any final actions
um they will need to make a

1650
02:18:34,880 --> 02:18:43,840
determination and they would if they
were going to approve anything they

1651
02:18:39,840 --> 02:18:50,639
would need to first certify the EIR um
here for planning commission. um

1652
02:18:47,200 --> 02:18:55,719
incumbent as part of your recommendation
would be that council certify the EIR.

1653
02:18:56,160 --> 02:18:59,160
» Okay.

1654
02:19:00,800 --> 02:19:09,359
» Okay. So, I'll make a motion that we
recommend that the city council

1655
02:19:06,160 --> 02:19:12,240
certified the ER.
>> I'll second.

1656
02:19:10,160 --> 02:19:16,160
» Well, and and just sorry to interject
one more time. It is part of the same

1657
02:19:14,479 --> 02:19:20,639
resolution. So just just like the same
conversation you had with the general

1658
02:19:18,160 --> 02:19:26,559
plan land use and circulation elements,
you don't need a separate vote on it. Um

1659
02:19:23,760 --> 02:19:30,880
but if there's consensus among the
planning commission, you can move on to

1660
02:19:28,639 --> 02:19:35,439
your deliberations on the specific plan
and just I've written down we can all

1661
02:19:33,599 --> 02:19:38,960
remember when you're making your motion.
You don't need to change that aspect of

1662
02:19:37,280 --> 02:19:44,240
the resolution because that's consistent
with staff's recommendation. [laughter]

1663
02:19:41,840 --> 02:19:48,479
you know, one one general one question I
had uh some of the discussions we've had

1664
02:19:46,800 --> 02:19:53,120
like about the dark sky ordinance. I
think that very addresses a very

1665
02:19:50,479 --> 02:19:57,439
specific concern that was raised by the
public and I'm sure it'll be minuteed,

1666
02:19:55,840 --> 02:20:01,040
but I think that would be that would be
helpful. I think because that was it

1667
02:19:59,760 --> 02:20:05,760
made me worried that we were missing
something. But if the specific plan

1668
02:20:04,240 --> 02:20:11,120
makes sure that it's at least as
restrictive as described in the existing

1669
02:20:08,080 --> 02:20:15,439
ordinance, I think we we can all be
satisfied with that.

1670
02:20:13,120 --> 02:20:19,040
» Yeah, I was pretty sure that I'd read
language saying that it is subject to

1671
02:20:17,280 --> 02:20:27,000
the dark side ordinance, but I
appreciate the clarification. Um,

1672
02:20:24,000 --> 02:20:27,000
okay.

1673
02:20:38,640 --> 02:20:47,120
in the
in the staff uh recommendations. There's

1674
02:20:44,720 --> 02:20:53,280
also stuff in here about
um land use designations and development

1675
02:20:50,000 --> 02:20:58,640
standards for among other things uh a
middle school. Um,

1676
02:20:56,160 --> 02:21:03,280
is that something that this commission
has any jurisdiction over or are we just

1677
02:21:00,800 --> 02:21:07,439
talking about a designation without any
actual

1678
02:21:05,840 --> 02:21:10,920
inclusion in the plan of anything about
a middle school?

1679
02:21:10,960 --> 02:21:15,143
» That's a
>> Are are you looking at the wording of

1680
02:21:13,040 --> 02:21:17,040
» That was a 10:15 p.m. question.
[laughter]

1681
02:21:16,080 --> 02:21:20,880
Okay.
>> Uh are you looking at the wording of

1682
02:21:19,280 --> 02:21:26,277
adoption of the staff recommended
specific plan which would include land

1683
02:21:23,600 --> 02:21:29,600
use designations and standards etc.
[snorts]

1684
02:21:26,399 --> 02:21:34,000
» Um I I mean that's again part and parcel
of what the specific plan is proposing

1685
02:21:32,399 --> 02:21:41,680
right that's that's what is called out
for in the specific plan. So, um,

1686
02:21:38,880 --> 02:21:44,479
to the extent that commission,
well, I'm not sure where you're going

1687
02:21:42,800 --> 02:21:47,040
with it, so I won't try to, uh, comment
on it if you

1688
02:21:45,359 --> 02:21:48,960
» Yeah, but we can we can try and tease it
apart.

1689
02:21:47,520 --> 02:21:53,600
» Really nebulous question. Where I'm
going with it is it somewhere in ask

1690
02:21:51,120 --> 02:21:58,319
papers. We were told that we did not
have any

1691
02:21:55,600 --> 02:22:01,200
governance over the issue of a middle
school directly, but that was going to

1692
02:21:59,680 --> 02:22:07,600
be the school districts
>> that Yeah. So, so that's so the specific

1693
02:22:04,160 --> 02:22:14,960
plan as the director was just explaining
as before you has land that would be

1694
02:22:10,880 --> 02:22:19,760
able to be dedicated for middle school.
Whether that is accepted and established

1695
02:22:17,920 --> 02:22:26,880
is under the control of the school
district. So the land use decision and

1696
02:22:23,760 --> 02:22:31,280
the designation within the plan is
within your purview. though planning for

1697
02:22:29,840 --> 02:22:34,240
it is not the same as actually
establishing it. That's a separate

1698
02:22:32,720 --> 02:22:36,640
decision that the school that the school
district will make.

1699
02:22:35,120 --> 02:22:38,399
» We're just creating slots that they can
fill up with the middle school if they

1700
02:22:37,760 --> 02:22:41,960
choose to.
>> Correct.

1701
02:22:38,960 --> 02:22:41,960
» Okay.

1702
02:22:52,240 --> 02:23:00,160
All right. Um,
I think we have no choice but to move on

1703
02:22:56,720 --> 02:23:06,720
to discussing the Bayand specific plan.
Um, and maybe the best way to handle

1704
02:23:03,439 --> 02:23:12,880
this massive issue is to go around the
table and and elicit any comments about

1705
02:23:11,280 --> 02:23:17,680
um
things you want to change or things you

1706
02:23:14,880 --> 02:23:21,920
want to recommend the council consider
changing or or looking into further. Um,

1707
02:23:20,399 --> 02:23:28,399
and then seeing if we can roll those up
into a um

1708
02:23:25,120 --> 02:23:33,120
into a an amended resolution
>> through the chair, if I may. Um, your

1709
02:23:30,479 --> 02:23:36,640
typical adjournment time is 10:30. If
you wanted to entertain a motion to

1710
02:23:34,960 --> 02:23:41,040
extend the meeting, this might be the
time to do it before just putting that

1711
02:23:39,280 --> 02:23:46,160
out there before you go around to
everyone.

1712
02:23:43,280 --> 02:23:52,680
» Thoughts?
Thoughts?

1713
02:23:48,160 --> 02:23:52,680
How how late can we extend it to?

1714
02:23:53,920 --> 02:24:01,439
» Um I don't think there is a limitation
in your procedures. Um I can verify

1715
02:23:58,640 --> 02:24:05,439
that. Um
we did start 20 minutes late tonight. So

1716
02:24:03,840 --> 02:24:10,240
I would just put that out there for you
to consider. Um yeah, we can look real

1717
02:24:08,800 --> 02:24:14,000
quick, but I don't believe there's a
actual limit. You probably could meet as

1718
02:24:12,160 --> 02:24:19,120
late as you wanted to, but we'll
confirm.

1719
02:24:16,960 --> 02:24:24,800
Keep going.
>> Keep going.

1720
02:24:21,200 --> 02:24:27,120
» Do you think that uh is your goal to
finish the deliberations tonight and

1721
02:24:26,479 --> 02:24:31,040
vote?
>> I I have no I'm not wedded to that. I'm

1722
02:24:30,000 --> 02:24:35,439
just
>> get as much done as the time allowed.

1723
02:24:34,160 --> 02:24:39,920
» Um
>> I'm just wondering if if we can uh like

1724
02:24:38,000 --> 02:24:44,240
I I've liked your approach so far of
taking discreet things and knocking them

1725
02:24:41,840 --> 02:24:50,000
off. I wonder if we should
um do this. Is there one more thing

1726
02:24:46,800 --> 02:24:54,560
because uh no it's not a huge can of
worms but it is it is a kind of worm you

1727
02:24:52,800 --> 02:24:58,000
know there will be a lot of topics that
we have to go in in depth on

1728
02:24:56,640 --> 02:25:03,840
» yeah I think that the issue about
amending title 17 to create designations

1729
02:25:00,240 --> 02:25:07,920
and yada yada is is administrative
ministerial about creating slots and

1730
02:25:06,000 --> 02:25:14,479
labels and terminology. So, I I think
that's

1731
02:25:10,240 --> 02:25:19,600
going to slip in just fine once we
approve or not approve of of the plan

1732
02:25:16,960 --> 02:25:25,040
with or without recommendations. Um, so
the short answer is I think we're we've

1733
02:25:22,720 --> 02:25:30,000
exhausted the chunks we can bite off
without tackling the the big one.

1734
02:25:28,000 --> 02:25:35,280
» Um,
if Yeah,

1735
02:25:31,760 --> 02:25:38,280
» but I'm not sure.
Um,

1736
02:25:38,399 --> 02:25:43,280
not sure we can do do justice to this
thing

1737
02:25:41,920 --> 02:25:48,240
by this time of night.
>> I wonder if I mean one one thing we

1738
02:25:45,280 --> 02:25:54,160
might might do is going down the line
and see what is like top of each of our

1739
02:25:51,920 --> 02:25:58,479
minds and then you can decide if any of
those are worth

1740
02:25:56,000 --> 02:26:00,720
» potentially knocking off tonight, you
know.

1741
02:25:58,640 --> 02:26:06,000
» Yep. Okay.
Um, so I guess the the the broad

1742
02:26:03,520 --> 02:26:12,319
question is commissioner one,
commissioner 2, three, four, what

1743
02:26:10,000 --> 02:26:19,800
what issues do you have that you would
if you were the only say that you would

1744
02:26:14,640 --> 02:26:19,800
want to change, recommend looking at,

1745
02:26:20,560 --> 02:26:27,359
modify?
I guess for me broadly, it's sort of the

1746
02:26:25,439 --> 02:26:30,560
long-term accountability for testing and
sort of looking at uh the remediation

1747
02:26:29,200 --> 02:26:33,680
and cleanup efforts. So maybe some more
accountability around that based on some

1748
02:26:32,000 --> 02:26:38,880
of today's discussions. I think that
would be top of my list.

1749
02:26:36,880 --> 02:26:42,880
» So, and maybe we just haven't gotten to
that point yet, but what how would you

1750
02:26:40,560 --> 02:26:46,720
formulate something to to say to the
city council about that?

1751
02:26:44,640 --> 02:26:49,280
» Yeah, something about maybe some of the
details from some of these plans pulling

1752
02:26:48,000 --> 02:26:52,560
into sort of the longerterm testing and
the details of who's responsible for

1753
02:26:50,560 --> 02:26:56,640
those sort of the formation of the the
organization that would look after uh

1754
02:26:54,960 --> 02:27:01,200
land remediation, sort of clean up
longer term. Yeah, still sort of not

1755
02:26:59,600 --> 02:27:04,560
sure how that would come together in a
recommendation.

1756
02:27:02,000 --> 02:27:10,399
» Okay. All right. We can we can tweak the
words later, but so about remediation

1757
02:27:07,840 --> 02:27:12,720
and also the long-term monitoring is
>> Yeah. specifically around greenhouse

1758
02:27:11,520 --> 02:27:15,200
gases as well. I think that comment
around sort of monitoring those over

1759
02:27:14,160 --> 02:27:17,840
time as well. Yeah.
>> Okay. Okay.

1760
02:27:15,840 --> 02:27:21,200
» But are those are those questions or
recommendations we are part of

1761
02:27:19,280 --> 02:27:25,200
recommendation are those like things
about which we need more feedback

1762
02:27:23,840 --> 02:27:28,960
because we've had a lot of feedback on
those issues. And I wonder if there's

1763
02:27:26,399 --> 02:27:31,280
something more we need to learn.
>> Yeah. I don't know if there's any more

1764
02:27:30,000 --> 02:27:33,760
feedback necessary. I think I'd like to
have something in there that sort of

1765
02:27:32,319 --> 02:27:36,640
just holds accountability there longer
term. I'm not sure. Maybe I maybe I just

1766
02:27:35,680 --> 02:27:39,040
don't have it quite right. But I feel
like there's a little bit of that. Uh

1767
02:27:37,840 --> 02:27:42,080
it's unclear to me still.
>> Yeah. Yeah. I I I understand what you're

1768
02:27:40,640 --> 02:27:46,560
saying. I'm just trying to understand
the like some of the uh what we heard

1769
02:27:44,880 --> 02:27:49,840
tonight about the frequency of testing,
the fact that there's going to be test

1770
02:27:47,439 --> 02:27:55,600
at different times a year. If that's
already documented somewhere, would that

1771
02:27:52,800 --> 02:28:02,479
satisfy
I want one thing to suggest as a vehicle

1772
02:28:00,080 --> 02:28:08,000
for
articulating that to to the council.

1773
02:28:05,200 --> 02:28:13,439
Excuse me. And that is that um staff had
had provided tonight a a

1774
02:28:10,960 --> 02:28:19,120
document that was that described their
intended um recommendations to revise

1775
02:28:16,479 --> 02:28:26,800
section 9, which is where the hazardous
stuff is. um and to add to add some

1776
02:28:22,800 --> 02:28:31,760
language and to clarify some some um
activities and responsibilities and

1777
02:28:28,399 --> 02:28:38,000
timelines. And perhaps we could couch
this to the council as saying that we

1778
02:28:35,680 --> 02:28:43,520
you know we don't
object or disapprove of of section 9,

1779
02:28:40,720 --> 02:28:48,800
but we would recommend that they focus
on whatever the staff has provided

1780
02:28:47,200 --> 02:28:53,359
between now and the time it goes to the
council. um implementing

1781
02:28:51,520 --> 02:28:58,960
um
their suggested um

1782
02:28:57,200 --> 02:29:05,120
recommended revisions. Recommended
revisions. Is this making sense with

1783
02:29:01,359 --> 02:29:09,520
your language? Thank you. Okay. Um
that's one way to do it. So anyway, so

1784
02:29:07,520 --> 02:29:14,640
that's that's one issue we have. Got it.
Remediation monitoring. Um anything else

1785
02:29:11,920 --> 02:29:20,479
from from you, Darius? Well, I think I
think related to that, um

1786
02:29:18,479 --> 02:29:25,920
I think I think we should recommend
something to the city council to have

1787
02:29:22,000 --> 02:29:32,080
some kind of like the city be a clearing
house for whatever testing that's being

1788
02:29:29,280 --> 02:29:37,200
done, the reports that's
um you know been prepared

1789
02:29:35,120 --> 02:29:40,800
um whatever testing that's done
quarterly, whatever that's being done

1790
02:29:39,040 --> 02:29:48,080
annually.
have the city

1791
02:29:45,439 --> 02:29:52,800
automatically receive all of that so
that the public can just go to one site

1792
02:29:50,560 --> 02:29:57,520
in the city and know what's being done
and maybe at the very least because

1793
02:29:55,040 --> 02:30:01,760
because we also heard something about
some some testing or or some review

1794
02:30:00,319 --> 02:30:08,240
being done every five years. So I'm
confused as to that. So at the at

1795
02:30:04,720 --> 02:30:14,800
minimum I would want
in perpetuity annual testing done of the

1796
02:30:12,000 --> 02:30:20,399
baylands of the of the water of the
soil. I just want to make sure that

1797
02:30:17,359 --> 02:30:25,439
place is safe forever for whoever's
living there for whoever's working there

1798
02:30:23,439 --> 02:30:31,520
just
to be for certain at minimum once a

1799
02:30:28,160 --> 02:30:37,120
year. So, I would recommend some kind of
language to recommend to the city

1800
02:30:33,359 --> 02:30:43,840
council that that be done.
>> I I think and I I totally agree with

1801
02:30:40,720 --> 02:30:50,080
with your sentiment and and your goal. I
think that's already in there, but I

1802
02:30:47,280 --> 02:30:56,000
think staff's suggestion that they
revise the language of section 9 to to

1803
02:30:52,479 --> 02:31:04,040
make that clearer and and and more um
you know categorically laid out would

1804
02:30:57,920 --> 02:31:04,040
would be uh a really good thing. Um

1805
02:31:06,319 --> 02:31:14,240
» I you know one of the uh what we heard
along the way just to be a bit of a

1806
02:31:11,439 --> 02:31:18,720
counterpoint is that there are
um you know once something falls below a

1807
02:31:16,560 --> 02:31:23,040
level of regulatory concern for a
certain number of years

1808
02:31:21,520 --> 02:31:27,040
there may not be much point in testing
at the same frequency. And I just I'm

1809
02:31:25,600 --> 02:31:32,479
kind of sympathetic to that point of
view. If it's for 10 years in a row,

1810
02:31:28,640 --> 02:31:37,520
it's just like undetectable, then maybe
you can at least change the frequency.

1811
02:31:34,479 --> 02:31:42,479
And I think I would rely on experts to
to some extent to advise on the

1812
02:31:41,120 --> 02:31:47,760
frequency of testing that's actually
necessary.

1813
02:31:44,560 --> 02:31:52,640
» What about if we had a period of rains
or earthquakes that and the ground

1814
02:31:50,160 --> 02:31:58,319
shifts and things like that happen? I
mean, don't you want to, you know, you

1815
02:31:55,920 --> 02:32:02,319
want regular testing to make sure that
something is happening in your

1816
02:31:59,600 --> 02:32:06,880
environment that's impacting the safety
of the land?

1817
02:32:04,319 --> 02:32:10,880
» Yes, I' I'd imagine that that would be
reflected in like, hey, something popped

1818
02:32:09,280 --> 02:32:15,439
up. Now, we're committed again for
testing for 20 years. I just think the

1819
02:32:13,280 --> 02:32:20,399
imperpetuity thing is like let's say you
go through a bunch of earthquakes and um

1820
02:32:17,920 --> 02:32:24,640
and floods and it turns out that the cap
is completely robust through every

1821
02:32:22,800 --> 02:32:28,960
single cataclysmic thing you've said.
Are you going to keep testing in

1822
02:32:25,840 --> 02:32:34,560
perpetuity? I think I would tend to be
more differential to what the people who

1823
02:32:32,640 --> 02:32:39,920
study these things recommend in
situations like that.

1824
02:32:35,600 --> 02:32:45,040
» Okay. And and for me, I would weigh what
is the cost of the testing versus the

1825
02:32:42,640 --> 02:32:49,680
potential harm. Even if it's the one in
1,000 chance, the harm is potentially

1826
02:32:48,080 --> 02:32:56,160
death
or serious illness, cancer, whatnot. And

1827
02:32:53,200 --> 02:33:01,359
what is the cost? I haven't heard a
number cited as to how much if we were

1828
02:32:58,880 --> 02:33:06,560
to require at minimum a yearly test, how
much that would be. And given the scale

1829
02:33:03,760 --> 02:33:10,880
of this project and the costs, I I would
think that yearly testing would be

1830
02:33:08,160 --> 02:33:15,200
minuscule in comparison, but I don't
want to risk even one child potentially

1831
02:33:13,120 --> 02:33:21,720
getting cancer because on the off
chance, you know, something went wrong

1832
02:33:17,439 --> 02:33:21,720
and we didn't test every year.

1833
02:33:22,160 --> 02:33:30,080
» I concede.
It's fine. I'm happy with that.

1834
02:33:27,120 --> 02:33:34,720
So, [clears throat] so
I don't want to put words in in the

1835
02:33:32,399 --> 02:33:40,399
mouths of staff, but is is it your
intent uh was it your intent about this

1836
02:33:38,080 --> 02:33:45,359
recommendation to revise certain things
um in mostly the wording and verbiage of

1837
02:33:43,280 --> 02:33:49,200
it to make it more clear? Does it will
it address things like what Commissioner

1838
02:33:47,760 --> 02:33:54,080
Saison was talking about about frequency
of monitoring and testing? Yeah, that's

1839
02:33:51,680 --> 02:34:01,520
the intent behind the clarifications is
to really clearly outline again, not

1840
02:33:57,280 --> 02:34:08,479
change but outline what you know the
cadence of testing, inspections,

1841
02:34:05,040 --> 02:34:13,520
etc. are as determined by the regulating
agencies.

1842
02:34:10,720 --> 02:34:17,680
um cuz clearly I think we've learned
through these meetings that it is kind

1843
02:34:15,359 --> 02:34:23,280
of confusing to keep track of you know
when are those 5-year um inspections for

1844
02:34:21,040 --> 02:34:28,399
example that EK was was talking about.
So yeah that's the intent of clarifying

1845
02:34:25,359 --> 02:34:33,120
that is to have it be presented in one
place so that it's not just disperate

1846
02:34:31,120 --> 02:34:37,600
information but again we're not
recommending any changes to what the

1847
02:34:35,680 --> 02:34:42,080
regulatory agencies require.
>> No just make it clear. Yeah. Um, and and

1848
02:34:40,160 --> 02:34:48,000
and by the way, this is probably a
worthwhile point to interject that

1849
02:34:46,080 --> 02:34:53,840
I don't think the city of Brisbane has
the legal jurisdiction to alter the

1850
02:34:51,280 --> 02:34:57,280
testing requirements of DTSC or the
water board regarding hazardous

1851
02:34:55,760 --> 02:34:59,680
remediation.
Um,

1852
02:34:58,319 --> 02:35:03,280
» I don't think we have the the
jurisdiction

1853
02:35:01,760 --> 02:35:06,960
in terms of the state agency, but
there's nothing to prevent us to from

1854
02:35:05,120 --> 02:35:10,319
supplementing what they're doing. I
mean, is there

1855
02:35:13,680 --> 02:35:21,359
I I will try to answer part of this.
Well, actually, no, I won't. Um, I don't

1856
02:35:19,680 --> 02:35:26,399
know, city attorney's office, if you
want to contribute anything related to,

1857
02:35:23,920 --> 02:35:30,560
for example, liability concerns and
financial risk and also the city's kind

1858
02:35:28,560 --> 02:35:37,120
of police power and authority to do
certain things. Yeah, I mean that that's

1859
02:35:34,720 --> 02:35:41,680
that's part of the
the

1860
02:35:38,640 --> 02:35:47,920
benefit to the city and relying on these
other agencies is that that keeps the

1861
02:35:44,800 --> 02:35:54,080
the city out of the
loop for being,

1862
02:35:50,960 --> 02:36:00,720
you know, responsible. Um it's these the
property owners and the management

1863
02:35:57,760 --> 02:36:06,000
agencies and the regulatory agencies
that are responsible for monitoring,

1864
02:36:04,479 --> 02:36:13,359
detecting,
troubleshooting. We actually want to

1865
02:36:10,720 --> 02:36:20,800
keep ourselves a little bit at at arms
length from that process. Um to defer to

1866
02:36:16,880 --> 02:36:27,840
their expertise and their um regulatory
jurisdiction

1867
02:36:23,359 --> 02:36:29,760
al just to um yeah to to keep the city a
little bit at at distance from that

1868
02:36:29,359 --> 02:36:36,640
decision.
>> So Eric, can I follow up with you on on

1869
02:36:32,720 --> 02:36:43,680
that? Um so there was discussions about
um a management association the SS EMA

1870
02:36:40,560 --> 02:36:48,720
or an HOA
um having oversight over over the

1871
02:36:45,840 --> 02:36:53,600
monitoring and testing. So could though
uh we recommend to the city council that

1872
02:36:50,880 --> 02:36:57,920
they make that as a requirement that
whatever entity

1873
02:36:55,600 --> 02:37:03,080
is going to
do that do that at least once a year

1874
02:37:06,000 --> 02:37:13,920
» to do I'm sorry do what? to to do annual
testing of the water, of the soil, just

1875
02:37:12,080 --> 02:37:17,520
make sure everything is safe. Just
yearly

1876
02:37:15,680 --> 02:37:20,640
» every year.
>> I mean, I'm not sure what the actual

1877
02:37:20,000 --> 02:37:23,439
cadence
>> Yeah. is

1878
02:37:21,600 --> 02:37:29,120
» if if you would allow I would like to,
if possible, ask Michelle to clarify the

1879
02:37:26,640 --> 02:37:33,600
cadence of testing
um to because again, I think we're

1880
02:37:31,359 --> 02:37:38,240
conflating like inspections, testing.
Um,

1881
02:37:35,040 --> 02:37:44,240
» yeah, I mean, yeah, the the the plans
lay out the monitoring that's required,

1882
02:37:41,920 --> 02:37:48,720
but monitoring doesn't always mean
collecting samples.

1883
02:37:46,560 --> 02:37:53,760
So, a lot of the monitoring of the cap
is making sure the cap is intact and in

1884
02:37:51,040 --> 02:37:57,520
place. It's not like you're collecting
soil samples, just to make sure that's

1885
02:37:55,520 --> 02:38:02,080
clear. But it is the regulator the
environmental regulatory agencies DTSC

1886
02:37:59,439 --> 02:38:06,160
and waterboard that are approving the
frequency of these monitoring the

1887
02:38:04,080 --> 02:38:10,080
monitoring.
So, let me ask a broader question and

1888
02:38:08,319 --> 02:38:16,560
I'm sorry to spring this on you because
it's kind of a

1889
02:38:13,359 --> 02:38:22,000
might be a research item, but the the
agencies DTSC and Waterboard just

1890
02:38:18,560 --> 02:38:30,560
agencies for short, they I take it have
the statutory power to impose

1891
02:38:27,280 --> 02:38:34,640
um monitoring, testing and reporting
requirements on developers.

1892
02:38:33,120 --> 02:38:38,960
» Absolutely.
Does their statutory jurisdiction

1893
02:38:37,280 --> 02:38:44,479
preempt
municipalities from imposing stricter

1894
02:38:42,000 --> 02:38:47,479
requirements than those created by the
agencies?

1895
02:38:48,800 --> 02:38:55,760
» I don't think there's anything that I'm
aware of. I'm not an attorney, but I'll

1896
02:38:53,120 --> 02:39:00,479
defer to the city attorney.
>> Yeah. And and we haven't

1897
02:38:59,040 --> 02:39:05,600
this isn't something that we've
specifically researched yet, so I I

1898
02:39:02,560 --> 02:39:05,600
don't know. Um

1899
02:39:09,439 --> 02:39:18,160
Okay. Um, so yeah, the the the question
of whether you are fully preempted is

1900
02:39:15,840 --> 02:39:22,080
not one that we've
researched. Um, that hasn't been an

1901
02:39:20,479 --> 02:39:29,920
issue that that we've looked at here.
But I guess I'd also question what

1902
02:39:26,800 --> 02:39:36,319
um actual
basis the city has for

1903
02:39:33,200 --> 02:39:41,760
um additional testing if all of the
established jurisdictional regulatory

1904
02:39:38,399 --> 02:39:49,920
thresholds have already been met. Um for
examp like what what then basis is the

1905
02:39:45,120 --> 02:39:55,920
city does the city have to impose a a
higher standard? Um, and that that

1906
02:39:53,840 --> 02:39:59,439
doesn't that question doesn't seem like
it's been answered.

1907
02:39:57,520 --> 02:40:06,160
» I'm not going to opine because it's not
in my pay grade. Um, but

1908
02:40:04,240 --> 02:40:10,800
I can't help having the background that
I have and and I think the answer is I

1909
02:40:09,359 --> 02:40:15,840
suspect the answer is we are preempted
and we're arguing about something we

1910
02:40:12,399 --> 02:40:21,120
have no power to do anything about. But
if we're wrong, if I'm wrong, I'm wrong.

1911
02:40:18,720 --> 02:40:26,720
» Through the chair, it is 10:31. Did you
want to vote to extend the meeting?

1912
02:40:23,840 --> 02:40:33,200
And if so, to what time?
>> Yeah, I don't think we're gonna get done

1913
02:40:28,640 --> 02:40:37,280
today, so might as well just so I I can
see defeat.

1914
02:40:35,600 --> 02:40:39,520
» I mean, again, you do not have to stop.
You could vote to extend the meeting,

1915
02:40:38,720 --> 02:40:43,600
but if you don't,
>> no one is leaving.

1916
02:40:41,711 --> 02:40:48,080
[laughter]
>> I I think the reality is that each and

1917
02:40:45,520 --> 02:40:54,319
every one of us is going to have some
issues. Obviously, toxicity is the elf

1918
02:40:51,920 --> 02:40:59,040
in the room, but
I've got a list of about five more here

1919
02:40:57,280 --> 02:41:07,920
that discuss at some point, and we're
not going to get to tonight. Um,

1920
02:41:03,760 --> 02:41:13,520
six more. Um,
and we've we've established, I think,

1921
02:41:09,359 --> 02:41:18,880
that we have no no open dates until the
date of our next scheduled hearing,

1922
02:41:15,200 --> 02:41:23,680
correct? Or meeting? Uh we did pull the
commission to see if there were any

1923
02:41:20,399 --> 02:41:27,120
availability prior to August 13th and
>> there was not.

1924
02:41:25,280 --> 02:41:31,520
» I think we were all pretty interested in
in this being a vote of all five of us

1925
02:41:29,680 --> 02:41:40,399
rather than
>> um some lower quorum or lower amount

1926
02:41:34,880 --> 02:41:45,040
that is a quorum. Um okay. Shall we
move on move on the agenda to other

1927
02:41:42,000 --> 02:41:49,920
items and then adjourn till the 13th?
Um, and through the chair, sorry, before

1928
02:41:47,120 --> 02:41:54,880
you move, I could suggest, would we
want, if you're continuing to the 13th,

1929
02:41:51,840 --> 02:41:57,520
consider a special start time, an
earlier start time just for your

1930
02:41:56,560 --> 02:42:00,640
consideration.
>> I would be in favor of that.

1931
02:41:59,200 --> 02:42:05,520
» Yeah, agreed. Thank you for that
suggestion. Um and and what I would also

1932
02:42:02,880 --> 02:42:09,040
um before we move on to the rest of the
agenda, which won't take long, if I

1933
02:42:07,280 --> 02:42:13,760
could encourage everyone to make a make
a list of, you know, focus down on

1934
02:42:11,439 --> 02:42:17,920
whatever you whatever you if you were in
charge would change about this specific

1935
02:42:15,680 --> 02:42:22,000
plan or recommend, excuse me, whatever
you recommend the city council consider

1936
02:42:19,600 --> 02:42:25,040
changing. Um so we can get right down to
everybody's issues. One, two, three,

1937
02:42:23,200 --> 02:42:29,359
four, five.
>> Make sense?

1938
02:42:25,680 --> 02:42:33,040
» Uh yes. Can I ask one more clarifying
question? You're asking about changes

1939
02:42:31,280 --> 02:42:37,920
that we might recommend. Are there any
like supplements that you could

1940
02:42:35,280 --> 02:42:41,840
recommend like for example
um more detail about certain things?

1941
02:42:41,040 --> 02:42:45,920
» Yeah. Yeah.
>> Is that is that considered a change or

1942
02:42:43,760 --> 02:42:49,120
is that an amendment or a supplement or
something like that? You know,

1943
02:42:47,760 --> 02:42:52,520
» anything you want.
>> Okay. All right.

1944
02:42:54,560 --> 02:43:01,120
um through the chair if commissioners
could individually they could provide

1945
02:42:59,439 --> 02:43:05,520
that information to staff as well.
Obviously compliance to the brand act

1946
02:43:03,040 --> 02:43:07,680
not with your fellow commissioners but
that is something you can share

1947
02:43:06,800 --> 02:43:14,479
individually with staff.
>> A good idea that's all shoot notes to to

1948
02:43:10,000 --> 02:43:18,880
staff that way they're ready for
or blind side questions like I just

1949
02:43:16,240 --> 02:43:25,160
asked. Um,
okay. Moving on the agenda, if I can

1950
02:43:21,920 --> 02:43:25,160
find it.

1951
02:43:29,600 --> 02:43:36,319
» We have any items initiated by staff?
>> Not this evening.

1952
02:43:34,399 --> 02:43:41,760
» Please don't.
Any items initiated by the commission?

1953
02:43:38,800 --> 02:43:45,840
No. In that case, we are adjourned until
our next regular meeting of

1954
02:43:43,439 --> 02:43:49,920
» Apologies. Did you want to adjust the
time before you make your motion?

1955
02:43:47,359 --> 02:43:53,680
» Uh, I have a motion to uh start it at
6:30 on the 13th.

1956
02:43:51,840 --> 02:43:55,200
» I'll make a motion to start at 6:30 on
the 13th.

1957
02:43:54,640 --> 02:43:57,200
» Second.
>> All in favor?

1958
02:43:56,160 --> 02:44:02,640
» I.
>> All in favor?

1959
02:43:59,920 --> 02:44:10,920
» Thank you. We are adjourned until
August the 13th at 6:30 p.m. Thank you

1960
02:44:07,040 --> 02:44:10,920
all for your patience.

1961
02:44:13,040 --> 02:44:15,600
All right.