1 00:14:17,790 --> 00:14:27,250 The city council's congressional meeting of November 9th, 2026, calling the meeting to order at 5.41 pm, we'll do join me in the pledge of allegiance, please. 2 00:14:29,500 --> 00:14:30,620 To the flag, 3 00:14:32,770 --> 00:14:39,890 to the Republic for which it stands, one nation, and we're God, individual with liberty and justice for 4 00:14:44,270 --> 00:14:44,410 all. 5 00:14:44,430 --> 00:14:49,330 We have no council members attending remotely, so city clerk could we have a roll call, please. 6 00:14:49,330 --> 00:14:59,810 Council member Davis, council member Kern, council member council member Lent, council member O'Connell, here and Mayor Mackin 7 00:15:00,000 --> 00:15:05,900 Thank you. City Attorney, could we have a report out of close session, please? 8 00:15:07,100 --> 00:15:11,680 Good evening. Close session was head on the item on the agenda and there is no reportable action. 9 00:15:12,320 --> 00:15:18,160 Thank you. The adoption of the agenda, can I get a first and second to adopt the agenda as it stands, please? 10 00:15:18,300 --> 00:15:22,200 I make a motion. Second, second. All in favor? Aye. 11 00:15:22,400 --> 00:15:23,660 Anywhere to post? No. 12 00:15:26,670 --> 00:15:28,810 This is a continued public hearing. 13 00:15:29,550 --> 00:15:34,490 And we welcome the public to comment or ask questions during tonight's hearing. 14 00:15:35,210 --> 00:15:39,350 Please, please fill out a form to speak and hand to our city clerk. 15 00:15:39,450 --> 00:15:41,110 There's lots of forms around the room. 16 00:15:41,450 --> 00:15:43,950 You can also obtain another one from our city clerk. 17 00:15:44,510 --> 00:15:49,230 There will be a timer on the screen that you can use for reference for the four minutes. 18 00:15:49,490 --> 00:15:53,270 It's extremely important for speakers to stay on topic. 19 00:15:53,690 --> 00:15:56,710 If you don't stay on topic, I will have to stop you. 20 00:15:56,710 --> 00:16:03,930 If a speaker continues to ignore the rules, you'll be warned and may be precluded from speaking on other items tonight. 21 00:16:05,310 --> 00:16:11,190 At the last council meeting 11, 5, 26 council had a short discussion about the meeting schedule. 22 00:16:11,690 --> 00:16:14,590 I believe we have that schedule. Can we put it on the screen please? 23 00:16:32,700 --> 00:16:35,500 Is there any way to make that? There you go. A little bit larger. 24 00:16:41,820 --> 00:16:46,140 Can you see it out there? There you go. Much better. Thank you. 25 00:16:46,140 --> 00:16:52,240 All right, do we have any Council discussion? 26 00:16:52,300 --> 00:16:54,940 Let me just read off the dates to November 19, 27 00:16:55,640 --> 00:16:59,140 2026, Baylands Hearing at 530 p.m. 28 00:16:59,880 --> 00:17:04,500 A special meeting for mayoral rotation will also be scheduled at 5 p.m. 29 00:17:04,560 --> 00:17:09,580 November 23rd will be a Baylands tentative meeting at 530 p.m. 30 00:17:09,620 --> 00:17:14,120 December 3rd, 2026 tentative meeting at 530 p.m. 31 00:17:14,120 --> 00:17:22,540 also bailance, December 7th, bailance tentative meeting at 530 p.m. December 10th, 2026, 32 00:17:22,820 --> 00:17:30,780 special meeting for reorganization, December 17th, 2026 proposed cancellation that would be 33 00:17:30,780 --> 00:17:37,560 the normal city council regular meeting. Any discussion from council? Council member Kern? 34 00:17:38,420 --> 00:17:39,460 No discussion. 35 00:17:40,600 --> 00:17:41,540 Mayor Pro Tem Davis. 36 00:17:43,340 --> 00:17:48,660 I just was aware that our city attorney is not available on December 7th, so we 37 00:17:48,660 --> 00:17:56,040 would need to have that hearing with a probably replacement from the firm. 38 00:17:57,020 --> 00:17:57,220 All right. 39 00:17:57,500 --> 00:17:58,200 Is that a problem? 40 00:18:01,300 --> 00:18:05,660 We can certainly, I can certainly have another attorney here. 41 00:18:06,460 --> 00:18:09,100 Whether that attorney will be familiar with the project. 42 00:18:09,100 --> 00:18:14,220 I think is questionable, but I can certainly work with the Council to work for the Council. 43 00:18:14,320 --> 00:18:14,700 Okay. 44 00:18:16,160 --> 00:18:16,980 Councilmember Lens. 45 00:18:17,500 --> 00:18:18,380 Yeah, thank you, Madam Mayor. 46 00:18:19,200 --> 00:18:28,680 At our last regular council meeting on Thursday, I had proposed for the November 23rd meeting, 47 00:18:28,680 --> 00:18:33,760 since it's a tentative meeting to schedule public safety and alternatives. 48 00:18:34,560 --> 00:18:44,420 And so, yeah, the city attorney mentioned that we should, or that I should bring that up this evening and it would be more appropriate to do so. 49 00:18:44,880 --> 00:18:53,440 So I'm just looking for another council member to partner with me to put that on the November 23rd agenda. 50 00:18:54,000 --> 00:18:55,420 I would endorse that idea. 51 00:18:56,000 --> 00:18:56,960 Okay, thank you. 52 00:18:56,960 --> 00:19:05,240 And then I also have a request and I had spoken with Council Member Kern about forming 53 00:19:05,240 --> 00:19:11,800 an ad hoc committee in regards to addressing transportation issues with the bail-ans. 54 00:19:14,260 --> 00:19:21,960 So, how do we approach that to the attorney in regards to creating that ad hoc committee? 55 00:19:23,200 --> 00:19:31,440 You could just create it on the Dias and just say who's going to be on the committee and 56 00:19:32,460 --> 00:19:33,760 you do it by motion. 57 00:19:34,560 --> 00:19:34,740 All right. 58 00:19:35,000 --> 00:19:36,340 You still good with that, Frank. 59 00:19:36,700 --> 00:19:37,140 Still on board. 60 00:19:37,400 --> 00:19:41,640 Can you provide a little bit more background on what the committee is working on? 61 00:19:43,360 --> 00:19:47,440 Well, I guess we will find out once we form that, you know, 62 00:19:47,440 --> 00:19:57,960 and how committee. But to address the Geneva Avenue extension, mainly, there's going to be 63 00:19:57,960 --> 00:20:05,360 other issues in regards to connecting with the 101, partnering with other jurisdictions, 64 00:20:06,400 --> 00:20:14,440 transit agencies, understanding how we might be able to receive transportation funding through 65 00:20:17,180 --> 00:20:19,460 So this is all transportation. 66 00:20:19,860 --> 00:20:21,200 All transportation. 67 00:20:22,060 --> 00:20:22,300 Okay. 68 00:20:23,380 --> 00:20:25,220 Councilmember O'Connell, any comments? 69 00:20:26,420 --> 00:20:26,560 No. 70 00:20:27,120 --> 00:20:27,340 Okay. 71 00:20:27,720 --> 00:20:28,880 So would you like to make a motion? 72 00:20:29,380 --> 00:20:31,530 I would like to make a motion to form the 73 00:20:32,280 --> 00:20:34,650 Transportation Adhawk Committee for the Bayolans 74 00:20:36,820 --> 00:20:41,680 Compromise with Councilmember Kern and Lines. 75 00:20:43,800 --> 00:20:44,420 Yes. 76 00:20:44,420 --> 00:20:45,140 All right. 77 00:20:45,400 --> 00:20:45,920 Anyone opposed? 78 00:20:46,280 --> 00:20:46,460 No. 79 00:20:46,600 --> 00:20:47,220 Motion carries. 80 00:20:49,590 --> 00:20:50,610 Did you have anything else? 81 00:20:50,930 --> 00:20:51,170 Councilmember? 82 00:20:51,750 --> 00:20:52,270 Let's? 83 00:20:52,330 --> 00:20:52,750 No, that was. 84 00:20:52,850 --> 00:20:53,510 Okay, Madam Mayor. 85 00:20:53,690 --> 00:20:54,590 Councilmember O'Connell? 86 00:20:55,230 --> 00:20:56,490 I'm a casual no. 87 00:20:57,010 --> 00:20:57,190 No. 88 00:20:57,430 --> 00:20:57,650 Okay. 89 00:20:58,370 --> 00:21:03,690 So at this time, as we've done at these hearings in the past, if there are any general topics 90 00:21:03,690 --> 00:21:08,830 before we get into the continuation of the public hearing, this is a time for the council 91 00:21:08,830 --> 00:21:10,610 to bring those topics up. 92 00:21:10,870 --> 00:21:13,010 Can we start with Mayor Pro Tem Davis? 93 00:21:16,400 --> 00:21:23,300 I don't I don't I don't have anything to add at the moment. Okay. Then Council Member O'Connell. 94 00:21:24,840 --> 00:21:36,200 I would like to give direction to staff on the items that are of my top concern at the moment. 95 00:21:36,200 --> 00:21:43,620 And sort of get the staff working on some of the things that I feel are going to be really 96 00:21:43,620 --> 00:21:47,560 important to get an agreement on this specific plan. 97 00:21:48,100 --> 00:21:54,900 And that way we're not waiting clear till the end of the discussions to be giving direction 98 00:21:54,900 --> 00:22:01,200 to staff on what may need to be added or subtracted from the specific plan. 99 00:22:01,200 --> 00:22:11,800 I don't expect to have a back and forth discussion about my big picture items, but I think 100 00:22:11,800 --> 00:22:18,460 that it's important to give that direction to staff now and that we can do it where the 101 00:22:18,460 --> 00:22:28,100 public knows what is important in our minds or my mind to become compliant and get the specific 102 00:22:28,100 --> 00:22:29,960 plan off the ground and moving toward. 103 00:22:30,000 --> 00:22:53,760 For its completion. So, if I may, I'd like to just give a couple things that I would like addressed, you know, by staff and they can come back at a later meeting, they can look at the feasibility of some of the suggestions and go from there and it's not that these are things that I expect to be agreed to by the council. 104 00:22:53,760 --> 00:23:02,040 But I think that there may be some overlap on perception of what might want to be into that plan. 105 00:23:02,860 --> 00:23:07,620 So if I may have just a moment to go through my little short list, 106 00:23:10,620 --> 00:23:21,660 I would like to see what it would take for staff to put in the 1800 units as the baseline within the specific plan. 107 00:23:21,660 --> 00:23:26,820 instead of the 2,200 baseline units in the specific plan. 108 00:23:28,000 --> 00:23:33,880 I'd like to staff to look at the possibility that remediation be done by district 109 00:23:33,880 --> 00:23:39,500 and its entirety before moving on to building of that district. 110 00:23:40,340 --> 00:23:49,160 I'd like to look at the feasibility of not accepting streets, utility corridors, parks, open space 111 00:23:49,160 --> 00:23:55,720 until either the east or the west side is completed and that way we'll know if those 112 00:23:55,720 --> 00:24:02,060 connect if they're working correctly and if there's any issues with the construction of them. 113 00:24:03,420 --> 00:24:09,040 I'd like to remove language from the specific plan that implies public financing. 114 00:24:10,580 --> 00:24:16,040 There's probably going to be public financing but I think that belongs into a development agreement 115 00:24:16,040 --> 00:24:22,400 not in our specific plan, and then I'd like to have to find a way to be a little more 116 00:24:22,400 --> 00:24:33,320 specific on phasing language, benchmarking, to run ahead of the actual need of the proposed 117 00:24:33,320 --> 00:24:42,320 amenity or infrastructure so that we're never running behind the line of what infrastructure 118 00:24:42,320 --> 00:24:51,540 we need before the need is there. So those are my five things that I think are really important to this project. 119 00:24:52,360 --> 00:24:54,720 And thank you very much for your consideration. 120 00:24:55,440 --> 00:24:58,890 Okay. Councilmember Kern? 121 00:25:01,530 --> 00:25:09,270 Thank you. I think I'll pile on with a couple of notes that I've got here too. If you don't mind Kevin, are you the one taking this down? 122 00:25:09,270 --> 00:25:11,370 Okay, I appreciate it. 123 00:25:13,130 --> 00:25:15,450 To what Councilmember O'Connell said, 124 00:25:16,830 --> 00:25:19,730 I did, I was not at the last hearing, but I did watch it. 125 00:25:20,010 --> 00:25:24,970 I was under the impression that we would be doing full west side remediation prior to any infrastructure or housing, 126 00:25:25,050 --> 00:25:26,970 and I understand after that meeting we are not, 127 00:25:27,190 --> 00:25:30,490 so I have the minimum viable product requirement as well, 128 00:25:30,730 --> 00:25:33,650 that I would like to understand the feasibility of doing it by district. 129 00:25:34,850 --> 00:25:35,810 Number two, 130 00:25:37,130 --> 00:25:46,390 And this isn't well thought through Kevin, so good luck with the notes, but I'd like to see some sort of performance standard around the Geneva Avenue extension, especially the bridge. 131 00:25:46,750 --> 00:26:01,390 An example that I would give today would be something like the bridge needs to be 50% completed in terms of construction before we begin construction on housing something like that. I don't I don't know exactly what it looks like, but a performance standard around the bridge. 132 00:26:03,590 --> 00:26:11,330 I would like to see a performance standing in there that says something around the fact that the 133 00:26:11,330 --> 00:26:20,490 developer were only infrastructure on the east side until it is fully built and delivered before 134 00:26:20,490 --> 00:26:22,090 the city takes it over. 135 00:26:24,890 --> 00:26:32,350 Another potential thing that I have here is we will not contribute for any capital financing 136 00:26:33,090 --> 00:26:39,650 out of municipal funds, whether general fund or enterprise fund, any money that we have right now would not be used for any sort of financing. 137 00:26:40,130 --> 00:26:42,250 We would have to come up with other options on that front. 138 00:26:43,050 --> 00:26:50,070 And then I'm also going to pile on to Council Member O'Connell's requirement about the open space items as well. 139 00:26:50,590 --> 00:26:50,930 Thank you. 140 00:26:51,850 --> 00:26:53,870 Okay, Council Member Lens? 141 00:26:55,450 --> 00:26:55,650 Yeah. 142 00:27:03,090 --> 00:27:05,330 I mean, I have more than five. 143 00:27:11,170 --> 00:27:16,250 I was trying to prepare for the two items that were on the agenda. 144 00:27:18,510 --> 00:27:21,490 So that limited the amount of time that I had to compile. 145 00:27:22,210 --> 00:27:27,360 So I can list some things. 146 00:27:27,900 --> 00:27:34,440 I would prefer to send an email to staff with the rest of the list. 147 00:27:36,400 --> 00:27:48,340 Some of the things that that we're said tonight I backed everything that both of you said I'm in agreement with so I won't repeat those things in 148 00:27:51,700 --> 00:28:06,740 regards to safety, you know, I would like to have some kind of some kind of guarantee that we're using skilled workers, you know in the specific plan. 149 00:28:06,740 --> 00:28:17,740 And so some kind of language that can be applied in the plan would be something that I would like to see. 150 00:28:18,980 --> 00:28:21,060 We're going to be dressing water tonight. 151 00:28:21,820 --> 00:28:24,980 I have a whole list of things in regards to water. 152 00:28:25,480 --> 00:28:33,280 And so I will save that from applying to my list though during this hearing. 153 00:28:33,280 --> 00:28:41,400 I'm hoping that staff will record those requirements that I'm looking for and include it into my list. 154 00:28:43,580 --> 00:28:53,740 Let's see, you know, having daycare facilities, the language that came from buildup. 155 00:28:53,740 --> 00:28:56,480 I would like to see that in this specific plan. 156 00:28:59,430 --> 00:29:06,070 areas around strengthening the objective design standards. 157 00:29:07,070 --> 00:29:13,770 I don't think that the standards that are applied in the specific plan go far enough. 158 00:29:14,350 --> 00:29:23,050 I'd like to see something that is more design-oriented rather than just checking a box. 159 00:29:54,990 --> 00:29:58,770 Thank you for mentioning the Geneva Avenue Extension Frank. 160 00:29:58,770 --> 00:29:59,770 But also 161 00:30:00,820 --> 00:30:09,600 Would like us to incorporate the by-county study into the specific plan in a more robust way. 162 00:30:15,520 --> 00:30:20,220 We had quite a bit of a discussion on energy neutrality. 163 00:30:21,480 --> 00:30:33,840 And so we are doing the study, but I hope that study shines some light on how we could incorporate greater energy self-sufficiency. 164 00:30:35,100 --> 00:30:38,840 And then the 53% that is being proposed, 165 00:30:41,290 --> 00:30:45,470 I would also like to see us apply a site specific 166 00:30:46,350 --> 00:30:54,980 greenhouse gas evaluation as opposed to a regional one, and then incorporate a lot of 167 00:30:54,980 --> 00:31:00,000 the recommendations from the draft, EIR, in regards to that area. 168 00:31:09,440 --> 00:31:32,280 We'd like to see some language that provides an investment from the developer towards commute.org to mitigate the increase use of the shuttles that the development will impose. 169 00:31:32,280 --> 00:31:33,120 You 170 00:31:51,680 --> 00:31:56,180 know, I know that we're going to be having a fiscal analysis hearing. 171 00:31:57,440 --> 00:32:05,780 I hope that the language that comes from that fiscal analysis just doesn't address the 172 00:32:05,780 --> 00:32:15,440 city being energy, I mean, physically revenue-positive, but addresses how all the infrastructure 173 00:32:15,440 --> 00:32:21,200 or the remediation in such is is funded in a huge required to pay for it. 174 00:32:29,110 --> 00:32:30,230 That's it for now. 175 00:32:31,270 --> 00:32:38,190 Okay. Thank you to all my colleagues for your very well-thought suggestions. I'm going to 176 00:32:38,190 --> 00:32:43,530 refrain from submitting a list. I would rather have the public see my list. I think it's hard to 177 00:32:43,530 --> 00:32:49,250 digest some of this from the Dias. And I'd like that to be in a future agenda where everyone can see 178 00:32:49,250 --> 00:32:52,710 a accumulation of what's been proposed. 179 00:32:53,510 --> 00:32:58,250 I would like as a topic before we get into tonight's to talk about finances. 180 00:32:59,230 --> 00:33:14,250 And I am still a bit upset appalled that we have a property owner that owes us equivalent to about 25% of our annual budget for this city of Brisbane. 181 00:33:14,250 --> 00:33:18,870 that's an enormous amount of money to us. 182 00:33:20,230 --> 00:33:24,110 And considering the size of the project and the scope of the work, 183 00:33:26,160 --> 00:33:28,960 the amount I believe now is 6.6 million. 184 00:33:30,640 --> 00:33:33,020 If you were to construct a tall office building, 185 00:33:33,340 --> 00:33:36,060 which is site is proposed to have many neighborhoods, 186 00:33:36,360 --> 00:33:39,640 many commercial buildings, some very tall buildings, a hotel. 187 00:33:40,500 --> 00:33:44,800 One might conjecture looking at the costs 188 00:33:44,800 --> 00:33:52,620 in the peninsula, a building could easily cost 16, 20, 30 million dollars. The property owner 189 00:33:52,620 --> 00:33:59,100 owes a 6.6 million dollars. I think it would be a good show of faith to show the financial 190 00:33:59,100 --> 00:34:07,160 liability if they brought the balance on the account current. I think it jeopardizes the 191 00:34:07,160 --> 00:34:14,640 public's confidence in the developer to follow through when this balance is allowed to keep 192 00:34:14,640 --> 00:34:23,520 lumping along month by month. We get promises. We get requests for copies of documents over 193 00:34:23,520 --> 00:34:30,880 and over. I know at least twice documents have been provided and I'm not sure what's going on. 194 00:34:32,260 --> 00:34:36,980 I believe Mr. Raymond Fong is a controller. I'd like to invite Mr. Fong if you would 195 00:34:36,980 --> 00:34:42,860 Stephanie to come to a public hearing and talk to us about the finances that will be one of the 196 00:34:42,860 --> 00:34:47,240 topics on a future public hearing because I don't think this is going away. 197 00:34:51,310 --> 00:34:52,850 I would also like to know 198 00:34:53,730 --> 00:35:00,870 this is from past hearing, but we've asked about it before whether you all have contacted Union 199 00:35:00,870 --> 00:35:08,430 Pacific Railroad as Council Member O'Connell wisely suggested about using the railroad tracks in the evening 200 00:35:10,790 --> 00:35:17,670 to transport, dirt, instead of a surface streets hall route, could you respond to that please? 201 00:35:23,200 --> 00:35:25,180 Good evening, Mayor Mackin, council members. 202 00:35:25,960 --> 00:35:31,620 We have not had yet the direct conversation with Union Pacific on this question. 203 00:35:32,360 --> 00:35:35,160 They do have a contract with Caltering. 204 00:35:36,400 --> 00:35:41,400 So I believe Caltering is in the engineer seat on that question, 205 00:35:41,400 --> 00:35:48,440 But I know that when we get to that question about being able to move soil across the track of that, 206 00:35:48,460 --> 00:35:51,040 the Union Pacific will definitely be at the table. 207 00:35:51,660 --> 00:35:53,920 But yeah, the short answer is no, I've not direct. 208 00:35:54,060 --> 00:35:57,740 We have not since the question was raised how to direct the conversation with them. 209 00:35:58,140 --> 00:35:58,380 Yeah, okay. 210 00:35:58,480 --> 00:35:58,880 But it's coming. 211 00:35:59,980 --> 00:36:01,740 Well, we'll be following up every meeting. 212 00:36:02,020 --> 00:36:07,500 Madam Mayor, if I could, I wanted to share that earlier today, I had a conversation 213 00:36:07,500 --> 00:36:14,680 with leadership at Caltrain regarding this issue and they've agreed to work with the city to 214 00:36:14,680 --> 00:36:22,800 try to find other alternatives than using our streets for the dirt moving. So I was cautiously 215 00:36:22,800 --> 00:36:27,840 optimistic that will be a fruitful conversation moving forward. Thank you very much for that update. 216 00:36:29,100 --> 00:36:34,300 All right, any other council members? I didn't get to. Oh, I didn't care anything. Okay, go. 217 00:36:38,640 --> 00:36:54,080 So I'll just kind of share some of my high-level goals and I have more to this that we can talk about offline about how maybe we accomplish some of these things, but so much of it actually is shared by my colleagues. 218 00:36:54,840 --> 00:36:56,640 So, I'll be quick. 219 00:36:58,000 --> 00:37:08,840 One of my big things is really protecting the city and the community if the development is delayed, suspended, abandoned, or interrupted by developer and solvency, bankruptcy or change in ownership. 220 00:37:09,960 --> 00:37:18,200 So, I think that every phase of the development must be capable of being safely maintained and stabilized independently of subsequent development. 221 00:37:18,200 --> 00:37:24,140 So all remediation necessary to make the residential areas safe for their intended use. 222 00:37:24,520 --> 00:37:29,320 To me must be completed and approved before the first residential unit is occupied. 223 00:37:30,000 --> 00:37:38,000 Police have said, by district, for me, I'd like to see all residential done before anyone moves in. 224 00:37:39,240 --> 00:37:47,860 And I want to make sure that the city is not less responsible for unfinished infrastructure, deteriorating property, environmental obligations with a cost of making the safe. 225 00:37:47,960 --> 00:37:53,140 The site's safe simply because the developers unable are unwilling to complete the project. 226 00:37:54,200 --> 00:37:59,400 Next would be financial accountability and I know we haven't gotten there quite yet, 227 00:38:01,420 --> 00:38:08,740 but the revenue positive requirement must be demonstrated through transparent ongoing financial framework, not projections. 228 00:38:10,220 --> 00:38:17,840 So, consistent and clearly define methodology for calculating project-generated city revenues and expenses and so on. 229 00:38:19,020 --> 00:38:27,060 The next would be to secure permanent public access throughout the balance without transferring ownership or environmental liability to the city. 230 00:38:27,760 --> 00:38:34,860 So, I stay at this in prior hearings, but I really am concerned about the city owning much of anything out there, 231 00:38:35,900 --> 00:38:46,840 because I do feel that if there's a cap failure right and we own the road, then that would be our responsibility to impart address. 232 00:38:47,860 --> 00:38:53,020 And I want to make sure that we're protecting ourselves financially as much as we possibly can. 233 00:38:54,020 --> 00:39:09,200 And then I'd like to see a city council approved truck haul route contained entirely within the Baylands, including both outbound and return travel before any soil relocation begins. 234 00:39:10,440 --> 00:39:17,160 And I know it's likely we won't have this before adopting the specific plan but the language being in there. 235 00:39:17,160 --> 00:39:21,540 And there's been several suggestions that the public has made 236 00:39:21,540 --> 00:39:22,700 that I thought were great. 237 00:39:22,840 --> 00:39:24,500 Of course, they're not studied in the EIR. 238 00:39:26,200 --> 00:39:29,720 So those, we would need to just have the language there 239 00:39:29,720 --> 00:39:33,060 saying that there's something a whole route 240 00:39:33,060 --> 00:39:34,960 that the council approves that stays entirely 241 00:39:34,960 --> 00:39:35,700 within the balance. 242 00:39:36,380 --> 00:39:39,860 And then in the future, we can work out what that looks 243 00:39:39,860 --> 00:39:40,720 like specifically. 244 00:39:42,660 --> 00:39:46,380 As far as housing, I agree with Councilmember O'Connor, 245 00:39:46,380 --> 00:39:53,800 I would say we would start at the 1800 as the baseline planning assumption because it preserves 246 00:39:53,800 --> 00:39:56,840 room for negotiation in the development agreement. 247 00:39:57,740 --> 00:40:01,920 So I imagine that developers going to want certain things, they're going to want that 248 00:40:01,920 --> 00:40:09,200 2,200 max and so there needs to be room for the city to have something to negotiate with 249 00:40:09,200 --> 00:40:10,360 among other things. 250 00:40:11,200 --> 00:40:14,240 And I think that affordable housing should be integrated throughout the surveillance. 251 00:40:14,240 --> 00:40:24,180 I think concentrating in a small number of large buildings or in isolated areas is not right 252 00:40:24,180 --> 00:40:29,520 and I don't think it's equitable, and so I think that thriving neighborhoods or neighborhoods 253 00:40:29,520 --> 00:40:34,540 in which people of all economic backgrounds are living together so that's what I would like 254 00:40:34,540 --> 00:40:35,020 to see. 255 00:40:35,440 --> 00:40:36,220 And then lastly, 256 00:40:38,530 --> 00:40:43,710 I'd like to establish a strong cohesive design identity and meaningful city oversight 257 00:40:43,710 --> 00:40:49,430 to ensure that the balance is thoughtfully designed and constructed to consistently high-standard 258 00:40:49,430 --> 00:40:54,650 over the life of the project. And the goal is to avoid a development that feels like a collection 259 00:40:54,650 --> 00:41:00,330 of unrelated projects designed and constructed over many years and instead create a cohesive, 260 00:41:00,410 --> 00:41:06,390 attractive neighborhood with a consistent standard of quality. So of course, you know, there's 261 00:41:06,390 --> 00:41:10,770 so many things in our specific plan that get to that already, but I think there's some tightening 262 00:41:10,770 --> 00:41:15,730 up that we can do. So with all of these, I have suggestions for staff that I'm happy to 263 00:41:15,730 --> 00:41:19,790 pass along via email, but those are kind of the high-level goals for me at this time. 264 00:41:21,010 --> 00:41:27,750 Thank you very much. And if I could suggest if everyone who's mentioned things could email 265 00:41:27,750 --> 00:41:35,430 staff would that be helpful, because that's a lot to absorb. I did want to say that I really did 266 00:41:35,430 --> 00:41:41,830 appreciate staff sending the list of all the questions we've asked as a council and that 267 00:41:41,830 --> 00:41:48,010 when you read through them and there was a lot of questions asked and a lot of them had responses 268 00:41:48,010 --> 00:41:57,120 by staff and I think that's really good because it shows how diverse our thinking is and what 269 00:41:57,310 --> 00:42:05,330 each of us and what the public is inputting to this process that is going to give the staff a 270 00:42:05,330 --> 00:42:12,250 body of work to co-alight and put together and and bring us all together on. So I just wanted to say thank you. 271 00:42:13,170 --> 00:42:17,330 Yes, indeed, it's a very large effort to try to keep track of everything. 272 00:42:18,350 --> 00:42:25,010 All right, any other council comments? I would Madam Mayor, you had addressed the issue in regards to 273 00:42:25,490 --> 00:42:29,650 being paid. Yes, and I just wanted to second that. 274 00:42:31,530 --> 00:42:33,590 Stephanie, would you mind coming to the podium, please? 275 00:42:36,790 --> 00:42:41,430 So a couple of hearings go ask you about the payment and you said that that wasn't your 276 00:42:41,430 --> 00:42:47,130 specialty that it was your finance person that you would look into it and then you came back 277 00:42:47,130 --> 00:42:54,150 again and that you were working on something and here we are at the third hearing, but we're 278 00:42:54,150 --> 00:42:57,350 owed a significant amount of money, 279 00:42:59,510 --> 00:43:03,870 fairly close to the amount that we started with when 280 00:43:03,870 --> 00:43:15,790 I asked you a couple of hearings ago, and so it is difficult for me to continue having 281 00:43:15,790 --> 00:43:19,230 these hearings and rocking up debt for the city. 282 00:43:19,230 --> 00:43:24,670 As the mayor had said, we're looking at close to 25% of our budget. 283 00:43:24,910 --> 00:43:33,650 That's a significant amount for a developer who is proposing a multi-hundred, hundreds 284 00:43:33,650 --> 00:43:43,330 of millions of dollars, development, a seven million dollar payment that is part of a contract 285 00:43:43,330 --> 00:43:53,630 that you're a company in the city had agreed to abide by, that puts in question like, 286 00:43:53,670 --> 00:44:00,870 okay, well, how serious, right? Are you? And then should we as a council continue to have 287 00:44:00,870 --> 00:44:09,250 these hearings if you're unable to pay the bills? And so it makes me feel like, well, should we 288 00:44:09,250 --> 00:44:19,290 do we postpone theirings until you're able to reimburse the city for the costs that have gone 289 00:44:19,290 --> 00:44:26,650 into these documents that will eventually provide entitlements, which you have said that you wanted. 290 00:44:28,070 --> 00:44:39,100 So yeah, I'm just putting that out there to you. I want you to work with your team and pay the 291 00:44:39,100 --> 00:44:47,560 the money so that that is an issue and we can get back to collaborating and working together 292 00:44:48,100 --> 00:44:50,260 to eventually approve this plan. 293 00:44:51,260 --> 00:44:51,700 Understood. 294 00:44:54,200 --> 00:44:59,980 Just to be clear, we did submit a payment plan to this. 295 00:45:00,000 --> 00:45:07,680 And we also made a million dollar payment to that to the city today, as we discussed at the last hearing. 296 00:45:08,120 --> 00:45:14,860 So we have advanced significantly. It comes from a balance on the issue. And I think we will. 297 00:45:15,040 --> 00:45:26,480 We're all working in good faith with the city staff and with our team to make everybody hold on this question. 298 00:45:26,480 --> 00:45:33,580 Yeah, you know, these these bills are years old and paying a million dollars yeah is is 299 00:45:33,580 --> 00:45:39,340 peanuts right that's that's not in good faith in my opinion granted that's I'm I'm one 300 00:45:39,340 --> 00:45:48,040 council member right if we were going to be whole paying the amount that we for the bills that we've 301 00:45:48,040 --> 00:45:54,840 submitted makes sense and then we can collaborate in good faith and you're talking about good faith 302 00:45:54,840 --> 00:45:58,720 Let's get paid and then we can move forward. 303 00:45:59,020 --> 00:46:08,140 Yes, and again, our attorney did send your attorney a proposal for a payment plan and we submitted a payment today, a significant payment today. 304 00:46:08,500 --> 00:46:14,160 So we are on track to hopefully resolve the issue. 305 00:46:15,180 --> 00:46:22,200 And I understand everybody's frustration, but I just want to share that the council, 306 00:46:22,200 --> 00:46:28,240 them, you know, we are acting in good faith and we are on a plan. 307 00:46:28,860 --> 00:46:30,700 Councilmember Lens, can I join in on that? 308 00:46:31,060 --> 00:46:31,140 Absolutely. 309 00:46:31,320 --> 00:46:36,200 Okay, you know, when I hear payment plan, it doesn't work for me anymore. 310 00:46:36,900 --> 00:46:40,420 The payment plan was all of 2025, 311 00:46:42,460 --> 00:46:44,380 2024, the invoices go way back. 312 00:46:44,820 --> 00:46:51,200 That's been the payment plan, and to ask now for a payment plan to me is a little bit insulting. 313 00:46:52,320 --> 00:46:58,700 in that we received a payment in July and then we received nothing. So you can offer a payment plan 314 00:46:58,700 --> 00:47:05,380 and how do we know you're going to follow through because since July we had nothing. We got a payment today. 315 00:47:06,740 --> 00:47:14,180 And when I look at the age of the invoice, it's not adding up that you're serious about this. 316 00:47:16,920 --> 00:47:32,540 I understand your frustration and I do think we have been acting in good faith and we will finish our review of all of the invoices and all the documents and I think that we will find resolution. 317 00:47:32,540 --> 00:47:36,380 Well, in the copies of invoices were sent to you months ago. 318 00:47:36,580 --> 00:47:38,020 How many months does it take? 319 00:47:38,860 --> 00:47:40,120 And they were sent to you twice. 320 00:47:40,760 --> 00:47:43,620 So if we go back, it's been a long time. 321 00:47:44,880 --> 00:47:47,480 And maybe you need some more help. 322 00:47:48,100 --> 00:47:49,100 But these are due. 323 00:47:49,480 --> 00:47:51,820 I'm sure there's bills you paid that you have to pay. 324 00:47:51,940 --> 00:47:53,600 This is a bill you need to pay. 325 00:47:54,800 --> 00:47:58,600 And I don't think the public here is going to tolerate this. 326 00:47:58,600 --> 00:48:02,820 We want you to come back to the next hearing and have paid the balance. 327 00:48:04,620 --> 00:48:06,140 Madam Mayor, we'll take that under consideration. 328 00:48:06,560 --> 00:48:11,980 I do want to reiterate again that we our lawyers have submitted a payment plan to your lawyers. 329 00:48:12,680 --> 00:48:15,260 And we are working through the issue. 330 00:48:16,240 --> 00:48:20,660 And please invite your finance director to come talk to us in a public meeting. 331 00:48:20,920 --> 00:48:21,800 Oh, make that a suggestion. 332 00:48:21,800 --> 00:48:27,940 I do also want to note for the record that we have a to lay agreement that expires January 31, 333 00:48:28,340 --> 00:48:36,380 2027, and based on your proposed payment plan, we would not be paid in full by that expiration. 334 00:48:36,880 --> 00:48:46,560 So I would say at bare minimum, I would expect that BDI would pay us in full by the expiration of the tolling agreement. 335 00:48:46,560 --> 00:48:52,420 I mean, obviously we want to be paid yesterday, but even with the parameters that are in place 336 00:48:52,420 --> 00:48:58,020 with the tolling agreement, if it's not paid in full at that point, you know, well there's 337 00:48:58,020 --> 00:49:03,540 several there's several steps we could take, but that particular one would be litigation. 338 00:49:04,640 --> 00:49:12,100 So there already is a firm deadline. There's been firm deadlines, but that's coming up quick. 339 00:49:12,100 --> 00:49:25,280 So, I would bring that tooling agreement up to your team and bring their attention to the fact that your proposal still does not catch us up by that date. 340 00:49:25,620 --> 00:49:33,620 I understand. But the tooling agreement was a period of time for us to negotiate the, you know, the outstanding issues with the city. 341 00:49:33,620 --> 00:49:37,220 So, but I understand, and I appreciate your perspective, 342 00:49:38,160 --> 00:49:38,760 Councilwoman Davis. 343 00:49:41,730 --> 00:49:42,870 Just one thing to add. 344 00:49:43,430 --> 00:49:45,750 Stephanie, I have not seen the letter. 345 00:49:45,850 --> 00:49:47,230 Sorry, I've been in meetings the entire day. 346 00:49:47,350 --> 00:49:49,230 So if that came in today, I have not seen it. 347 00:49:49,290 --> 00:49:52,090 Does it include interest on money owed? 348 00:49:52,550 --> 00:49:53,570 It's my understanding. 349 00:49:53,890 --> 00:49:55,590 And again, I've only been on council for two years. 350 00:49:55,670 --> 00:49:58,530 But we've got invoices that are going back prior to me even being on council. 351 00:49:58,690 --> 00:49:59,570 And so I'm just curious. 352 00:49:59,810 --> 00:50:01,670 Is there interest built in there for? 353 00:50:02,490 --> 00:50:03,850 Is part of this payment plan? 354 00:50:03,850 --> 00:50:10,890 No, our pay processing agreement does not include late fees or interest fees. 355 00:50:11,070 --> 00:50:13,190 Thank you. 356 00:50:13,870 --> 00:50:18,690 Well, and I would add that you've had the benefit of earning interest while we haven't. 357 00:50:18,850 --> 00:50:24,130 We've output that and probably had tomorrow money to cover your invoices. 358 00:50:24,970 --> 00:50:29,050 Some of this was the COVID years when we were using reserves. 359 00:50:29,950 --> 00:50:31,930 So that does not sit well. 360 00:50:31,930 --> 00:50:43,290 I understand your frustration, Mayor, but again, I just reiterate our pay processing agreement does not include late fees or interest. 361 00:50:44,070 --> 00:50:53,370 Okay, well, we'd like to see some very firm good faith efforts because this is a long commitment you're asking for. 362 00:50:53,470 --> 00:50:53,890 I understand. 363 00:50:54,230 --> 00:50:58,110 And it shouldn't be hitting bumps in the road on the front end. 364 00:50:58,110 --> 00:51:05,950 we understand and I will make sure. If I may, it was my understanding that the agreement that's 365 00:51:05,950 --> 00:51:11,930 been signed and updated does have a interest clause in it isn't that true. 366 00:51:15,400 --> 00:51:16,180 I don't know I will 367 00:51:16,180 --> 00:51:17,880 check. Thank you. 368 00:51:20,110 --> 00:51:27,750 Okay. This is a continuation of our public hearings. This is consideration 369 00:51:27,750 --> 00:51:33,550 of proposed Bayland-specific plan and related actions, including amendments to the Brisbane General Plan, 370 00:51:33,670 --> 00:51:40,250 Land Use and Circulation Elements, amendments to Title Section 17 of the Brisbane Municipal Code 371 00:51:40,250 --> 00:51:46,390 to establish zoning regulations, adoption of the Bayshore Mobility Plan and certification of 372 00:51:46,390 --> 00:51:54,010 the final environmental impact report FBI R. Prepared for this project in accordance with the 373 00:51:54,010 --> 00:51:57,210 California in very, very mental quality act, 374 00:51:57,390 --> 00:51:58,070 sequo. 375 00:51:59,110 --> 00:52:01,730 Some of you know those acronyms very well. 376 00:52:02,310 --> 00:52:05,150 So we'll start with questions to close out those topics. 377 00:52:05,590 --> 00:52:08,570 These are from the last public hearing, which was remediation 378 00:52:08,570 --> 00:52:09,350 and phasing. 379 00:52:10,050 --> 00:52:14,310 First item was number seven, long-term remediation stewardship 380 00:52:14,310 --> 00:52:15,530 and monitoring. 381 00:52:16,310 --> 00:52:19,250 I will call on each council member and ask you to limit it to one 382 00:52:19,250 --> 00:52:21,710 question after each of you's had a turn. 383 00:52:21,710 --> 00:52:26,910 I'll go back through the order for another round of questions. Again, please limit it to one question. 384 00:52:27,910 --> 00:52:29,870 So let's start with Council Member O'Connell. 385 00:52:33,540 --> 00:52:38,540 I don't have any questions at the moment, I'd rather hear staff report if we're having one. 386 00:52:39,760 --> 00:52:41,400 Do we have a staff report prepared? 387 00:52:42,540 --> 00:52:46,140 Not on this particular item, this is a continuation, as you mentioned. 388 00:52:46,380 --> 00:52:52,240 I do have a staff report for when we get to water. 389 00:52:52,720 --> 00:52:54,780 Okay. Councilmember Lens? 390 00:52:55,480 --> 00:53:10,420 Yeah, you know, I don't have any questions on that particular item, but I do have a question for staff in regards to one of the items from the list of this section. 391 00:53:11,320 --> 00:53:21,580 And so Kevin in regards to phasing, you know, it seemed like when we talked about phasing in this section, it was related mostly to remediation, 392 00:53:21,580 --> 00:53:26,500 But there's so many other phasing that would occur. 393 00:53:28,480 --> 00:53:31,800 I kind of listed in my list of things. 394 00:53:33,820 --> 00:53:39,420 Would it be appropriate for tonight to identify some phasing 395 00:53:39,420 --> 00:53:47,560 or have that be a part of the final, 396 00:53:48,860 --> 00:53:53,560 kind of understanding of how things all come together because you know we've been doing 397 00:53:53,560 --> 00:53:58,600 these these hearings and and we touch upon all these different items but sometimes 398 00:53:58,600 --> 00:54:04,380 it's very difficult to really understand how they all fit together this happens here 399 00:54:04,380 --> 00:54:17,540 and then that triggers this and so and then having some kind of visual of that kind of 400 00:54:22,400 --> 00:54:28,940 Yes, you're correct. There's really two aspects to phasing. On the one hand, there's a phasing 401 00:54:28,940 --> 00:54:34,800 associated with the remediation and that's kind of the the core topic of this evening, but then 402 00:54:34,800 --> 00:54:40,680 there's also the phasing of the build out. We got into a little bit of that in the last meeting in terms 403 00:54:40,680 --> 00:54:46,920 of particularly when do things like parks and open spaces and streets and overpasses and things 404 00:54:46,920 --> 00:54:50,540 like that, when do they appear in relation to the development? 405 00:54:51,400 --> 00:54:52,440 So they're related. 406 00:54:53,200 --> 00:54:55,640 You can't do any building until you've 407 00:54:55,640 --> 00:54:58,020 got the remediation of the building site completed. 408 00:54:58,860 --> 00:55:01,520 But then there are also the different benchmarks. 409 00:55:02,280 --> 00:55:05,040 There was some comments earlier in this meeting 410 00:55:05,640 --> 00:55:08,240 about how you would structure those benchmarks. 411 00:55:09,440 --> 00:55:13,700 What the plan shows are based on blocks 412 00:55:13,700 --> 00:55:18,980 and then the relationship of amenities to those blocks but then there was also some discussion 413 00:55:18,980 --> 00:55:25,260 and interest in maybe it's based on benchmarks such as numbers of units or even the first 414 00:55:25,260 --> 00:55:34,580 unit was suggested so these are things it's the plan address of some of it the DA can get into 415 00:55:34,580 --> 00:55:42,920 more details but if council members have direction that can certainly be helpful to staff as 416 00:55:43,700 --> 00:55:48,400 you know if you're thinking of things you would like to see similar to what we had in the previous 417 00:55:48,400 --> 00:55:54,160 conversation regarding phasing that could be helpful to articulate. Sure. Sure. All right. Yeah, 418 00:55:54,160 --> 00:56:00,360 you know because I did send you the email and essentially that document. I don't think it's appropriate 419 00:56:00,360 --> 00:56:04,360 for tonight because it would take a long time. 420 00:56:06,680 --> 00:56:11,080 I would like to work with you offline and come up with 421 00:56:11,080 --> 00:56:17,580 strategy and then present that to the full council and into the public for how we address those 422 00:56:17,580 --> 00:56:22,700 issues and how everything comes together. I think that would be very helpful. Okay, thank you. 423 00:56:24,280 --> 00:56:24,720 Okay, 424 00:56:27,270 --> 00:56:28,310 council member Kern. 425 00:56:31,280 --> 00:56:35,040 I have comments, but no questions. Thank you. All right. Mayor Pro Tem Davis. 426 00:56:36,400 --> 00:56:39,800 Just confirm from where we left off and where we're starting here. 427 00:56:40,480 --> 00:56:43,780 are we still on phasing or we've moved on a long-term remediation search? 428 00:56:44,100 --> 00:56:46,460 We're a chip and more on phasing and remediation. 429 00:56:46,460 --> 00:56:46,740 Okay. 430 00:56:46,880 --> 00:56:47,320 Number seven. 431 00:56:47,320 --> 00:56:47,960 I don't have anything. 432 00:56:50,240 --> 00:56:53,020 I only have long-term remediation to our chip and monitoring. 433 00:56:54,840 --> 00:57:01,840 So I have a very well written email from a member of the public who's here tonight about a 434 00:57:01,840 --> 00:57:07,500 vapor intrusion incident in a Google building and it really concerned me because it talked 435 00:57:07,500 --> 00:57:14,500 about this was on a middle field 436 00:57:14,500 --> 00:57:19,440 Ellis Weisman super fun site and interior building 437 00:57:19,440 --> 00:57:23,180 modifications and renovations inadvertently punctured 438 00:57:23,180 --> 00:57:27,720 and altered structural barriers creating an open path 439 00:57:27,720 --> 00:57:31,500 way through the floor of vapors which were tricolor 440 00:57:31,500 --> 00:57:34,800 ethylene and I believe we have tricolor ethylene 441 00:57:34,800 --> 00:57:42,680 on the site. And I wanted to bring this up because I don't know whether this is an anomaly, 442 00:57:43,100 --> 00:57:48,600 or whether this happens all the time. I don't know if there's an answer. Is there a way to prevent this, 443 00:57:49,600 --> 00:57:56,140 so that if in the future a contractor's brought into the building and maybe they don't know 444 00:57:56,140 --> 00:58:07,000 that there are dangers, vapors, and that certain types of alterations could cause some catastrophic consequences. 445 00:58:07,920 --> 00:58:13,240 Is there some way that we could put something in the plan to prevent this? 446 00:58:13,580 --> 00:58:16,140 Or, and again, a comment, is this really an anomaly? 447 00:58:16,640 --> 00:58:19,080 Or is this something that we should anticipate in the future? 448 00:58:21,540 --> 00:58:24,920 I'm going to ask Michelle King from EKI. 449 00:58:25,500 --> 00:58:30,680 This would come up in a prior hearing, so we did receive some information and happy that 450 00:58:30,680 --> 00:58:34,440 Michelle is here to be able to reiterate what was discussed previously. 451 00:58:36,120 --> 00:58:42,560 Yeah, I can speak to the details of what happened at the Google building, but I think it's 452 00:58:42,560 --> 00:58:46,300 more in general what happens at these sites. 453 00:58:47,120 --> 00:58:53,260 First and foremost, the concentrations of TCE and groundwater at the MEW site and in particular 454 00:58:53,260 --> 00:58:58,180 at the buildings that have an issue are orders of magnitude higher than the concentrations 455 00:58:58,670 --> 00:59:05,480 that are present in the northern part of OUSM where impacts are coming from slage or from 456 00:59:05,480 --> 00:59:07,020 the one VOC area. 457 00:59:07,680 --> 00:59:09,440 So just to give a little bit of context. 458 00:59:10,720 --> 00:59:25,800 But typically, what happens is at the state level, the DTSC or the water board, when a building is developed and there's a vapor mitigation system, there's ongoing OEM&M requirements, there's ongoing 459 00:59:27,880 --> 00:59:32,200 Notifications that are typically required if a building slab is going to be penetrated, 460 00:59:32,260 --> 00:59:39,340 post-construction, and often there's even a de-restriction that will require a notification 461 00:59:39,340 --> 00:59:41,620 upon building penetration. 462 00:59:42,620 --> 00:59:48,000 So what happened at the MEW site, there was awareness that EPA was very aware of the 463 00:59:48,000 --> 00:59:53,680 penetrations that were happening, and there was no active mitigation system present at that 464 00:59:53,680 --> 00:59:54,140 time. 465 00:59:54,140 --> 00:59:59,960 and air monitoring was performed after completion of instruction work that initially was 466 01:00:00,000 --> 01:00:11,980 Fine, there was no problem with it. And then when the weather got cooler and they closed up the air intakes, because the cold air was coming in, that was when they found the problem. 467 01:00:12,200 --> 01:00:18,260 So they discovered it actually pretty quickly after the problem was identified and then it got addressed. 468 01:00:18,260 --> 01:00:32,640 So there are measures that are in place, various levels of, let's say, control factors to assess and inspect and potentially test into our air if appropriate, upon penetration. 469 01:00:34,560 --> 01:00:41,680 And so I would just follow up with that by saying if there are measures in place, the contractor may not be familiar. 470 01:00:41,680 --> 01:00:51,300 And the state agencies are not always on site, as you said, they have routine inspections, but in between inspections, the contractor could be brought in. 471 01:00:51,500 --> 01:01:03,140 Are you saying the contractor is informed always knows that they need to, if I'm rating this right, contact the state agency and say we're going to be doing work there? 472 01:01:03,140 --> 01:01:09,820 Well, typically, let's say it's a, let's call it an HOA situation, if there's an HOA, 473 01:01:09,960 --> 01:01:15,440 there's typically a CCNR that would say that, you know, either you can't penetrate the slab 474 01:01:15,440 --> 01:01:22,460 or if you're going to penetrate it, then you have to notify. So there's, it's not like a 475 01:01:22,460 --> 01:01:28,380 contractor is typically at these sites with vapor mitigation systems just coming in and penetrating 476 01:01:28,380 --> 01:01:30,400 without there being some awareness. 477 01:01:32,340 --> 01:01:36,160 Okay, because we've had some CCRs with another development 478 01:01:36,160 --> 01:01:37,560 and they're not always followed. 479 01:01:39,120 --> 01:01:41,300 So, all right, I guess that's best we can do for now. 480 01:01:41,380 --> 01:01:43,480 If there's anything that staff can think of 481 01:01:44,480 --> 01:01:47,280 to kind of reinforce this in a robust way 482 01:01:47,280 --> 01:01:49,760 in a specific plan, just to make sure 483 01:01:49,760 --> 01:01:51,980 because that follow through long-term, 484 01:01:52,080 --> 01:01:53,800 out of sight, out of mind, 485 01:01:54,160 --> 01:01:55,180 and that's people's health. 486 01:01:55,280 --> 01:01:57,020 I'm very concerned about that. 487 01:01:57,020 --> 01:01:59,460 Council Member Lens, you have another question? 488 01:02:00,540 --> 01:02:03,180 Not at this time, and I have one more. 489 01:02:03,520 --> 01:02:06,560 I think mine actually is applicable for this. 490 01:02:06,640 --> 01:02:08,140 Oh, please go ahead and section. 491 01:02:09,220 --> 01:02:12,900 So if an HOA is responsible for long-term environmental maintenance, 492 01:02:13,240 --> 01:02:16,560 and they become in solvent, dissolve, or fail to perform their duties, 493 01:02:17,160 --> 01:02:19,060 who is legally required to take over? 494 01:02:24,770 --> 01:02:28,510 Well, I'll start and then Michelle might elaborate a little bit as well, 495 01:02:29,290 --> 01:02:31,970 but in general HOA is in other management agencies, 496 01:02:31,970 --> 01:02:40,330 are highly regulated by the state. So it's not so easy as I'm just disappearing or dissolving 497 01:02:40,330 --> 01:02:52,130 and not remaining a factor or a party. If they were in financial trouble, their remedy is 498 01:02:52,130 --> 01:03:00,270 to do a special assessment or increase HOA do so that they have adequate reserves. If there 499 01:03:00,270 --> 01:03:10,690 some sort of unanticipated event, then there's also environmental insurance, bonds, guarantees 500 01:03:10,690 --> 01:03:17,730 that are used in order to make sure that there's financial resources to address those. 501 01:03:18,210 --> 01:03:26,990 And ultimately, liability enforce through the regulatory agencies tracks to both current and 502 01:03:26,990 --> 01:03:34,530 previous owners of the site, as well as the producers of the hazardous materials that are 503 01:03:34,530 --> 01:03:35,370 being cleaned up. 504 01:03:35,510 --> 01:03:42,350 So there would be numerous potential pathways for regulatory agencies to seek and enforce 505 01:03:43,670 --> 01:03:53,650 from BDI or other previous owners or the people that entities that it contributed to the 506 01:03:53,650 --> 01:04:03,530 that was causing the issue to try and recover, but ultimately, and this, I think, is implied by some of the questions and comments that you've shared. 507 01:04:04,150 --> 01:04:21,490 Part of why you've suggested and we've discussed the city not taking ownership to portions of the public way of having public access, but not ownership is to keep the city out of the chain of liability. 508 01:04:21,490 --> 01:04:29,610 So, the city is not responsible for clean up remediation or addressing those over time. 509 01:04:30,530 --> 01:04:36,190 I don't know Michelle, if there's anything else to add to that or if that's good for now. 510 01:04:37,190 --> 01:04:44,270 Just to make it clear, like the financial assurance mechanisms that the regulatory agencies have put in place, 511 01:04:44,810 --> 01:04:48,970 they're there in the event of an insolvency. 512 01:04:48,970 --> 01:04:50,210 Thanks. 513 01:04:54,020 --> 01:05:10,320 Okay, I have a question. The EPA has dust mitigation standards and has anyone talked about whether the dust mitigation plan is proposed has been approved and meets those standards. 514 01:05:23,980 --> 01:05:30,400 If we haven't, that's okay. I'm just saying then I would I would I would like to see something in writing. 515 01:05:30,400 --> 01:05:32,700 that I would comply with those standards. 516 01:05:33,280 --> 01:05:35,420 I could speak to the, like the R-Dip, 517 01:05:35,540 --> 01:05:37,220 the remedial design implementation plan 518 01:05:37,220 --> 01:05:41,480 has a dust control plan that does key off 519 01:05:41,480 --> 01:05:44,340 of things like ambient air quality standards 520 01:05:44,340 --> 01:05:49,440 for things like PM10, Respiral Dust, and so forth, 521 01:05:49,940 --> 01:05:53,480 and so that plan is consistent with EPA standards. 522 01:05:54,740 --> 01:05:59,120 And then the EIR discusses dust control measures 523 01:05:59,120 --> 01:06:05,040 during construction to need air district standards because there are the regulatory 524 01:06:05,040 --> 01:06:12,660 agency with authority over the way it does to in particular matter are omitted locally 525 01:06:12,660 --> 01:06:20,760 here so that there is not in fact part of the mitigation plan is to ensure that all the 526 01:06:20,760 --> 01:06:25,200 dust control measures are compliant with the air district standards and regulations. 527 01:06:25,200 --> 01:06:33,400 Well, and I understand that, except that even construction workers and all those nice union members, 528 01:06:34,540 --> 01:06:41,520 they've got ocean standards in terms of exposure in their health, not just people who end up living their later on. 529 01:06:42,180 --> 01:06:44,340 So that's why I'm referencing this. 530 01:06:44,360 --> 01:06:47,480 Council member Lens, do you have more questions in this? 531 01:06:51,410 --> 01:06:56,310 I do have one question, Madam Mayor, and that was, you know, in the last meeting we talked 532 01:06:57,990 --> 01:07:03,730 about receiving some cross-section visuals to help understand how water flows from land 533 01:07:03,730 --> 01:07:04,610 to sea. 534 01:07:04,790 --> 01:07:08,790 Is that something that you all had put together or staff? 535 01:07:09,030 --> 01:07:18,430 I'm just curious if you had updated, we had the one visual, but it was more of a cartoon rather 536 01:07:18,430 --> 01:07:26,510 then something that was beneficial to understand the entire site, do you have that? 537 01:07:30,530 --> 01:07:42,890 We do have a couple of informational, hopefully not too cartoonish, but on the cartoon is side that we will present in our order presentation. Hopefully later this evening. 538 01:07:43,670 --> 01:07:48,570 Okay, so I have another question. 539 01:07:52,630 --> 01:08:01,270 In the specific plan, it references and I believe Stephanie has alluded to using San Francisco water for mitigating dust on the entire site. 540 01:08:01,270 --> 01:08:28,270 And I wondered since we buy water from the SFPC through the agency Bosco, which is all the peninsula customers who are customers of the SFPC, and dust mitigation on that site seems like a lot of water, especially if it's dry and the wind that blows through there, with sometimes 40 mile an hour gusts. 541 01:08:28,270 --> 01:08:36,230 have you contacted the SFPUC about the amount of water allocation that you would be needed? 542 01:08:36,250 --> 01:08:43,650 Did you get them to issue you an approval? Did you provide them with estimates of the volume of water? 543 01:08:44,430 --> 01:08:54,050 And I don't know how you would plan to convey it from San Francisco in across county and city limits into Brisbane. 544 01:08:54,050 --> 01:09:01,510 that could be a legal issue. Have you talked to them about that? Because it sounds like you're using a San Francisco water account 545 01:09:01,510 --> 01:09:08,530 you have to bring water into Brisbane City limits for the entire duration of the project. 546 01:09:10,170 --> 01:09:11,890 Have you spoken to them? 547 01:09:16,690 --> 01:09:25,670 Madam, we do, we are going to discuss our existing and historic and legal water that we have from SFPUC in Brisbane. 548 01:09:25,670 --> 01:09:32,410 It came with the real yard site and with the landfill and it's 120-year-old water rights that we have. 549 01:09:33,690 --> 01:09:37,770 And so do you have any verification of that? 550 01:09:37,910 --> 01:09:39,870 Are you going to bring that up under water? 551 01:09:40,570 --> 01:09:50,910 I didn't bring my verification with me tonight, but we were prepared to talk about our existing SFPUC, 552 01:09:50,910 --> 01:09:56,650 what they call their, we are a retail customer of SFPUC. But it's a very old contractic. It went 553 01:09:56,650 --> 01:10:03,570 back to the beginning of the railroad track and the beginning of the rail yard in 1890s. And we have 554 01:10:03,570 --> 01:10:13,990 water. We have SFPUC water in Brisbane. Yeah. Okay. Could you tell me where? Where the faucets are? 555 01:10:14,350 --> 01:10:18,510 Well, I'm true. Yeah. I mean, they're all over the rail yard site. You know, the old 556 01:10:18,510 --> 01:10:22,230 Missouri building, the old, all the old, 557 01:10:22,230 --> 01:10:23,550 we're all the old rail yard is. 558 01:10:23,670 --> 01:10:27,030 There are connections, some of them we still use today. 559 01:10:27,790 --> 01:10:29,230 And same on the length of the site. 560 01:10:29,530 --> 01:10:33,510 And by the way, Golden State Lumber and part of our ecology 561 01:10:33,510 --> 01:10:40,050 also have SFPUC retail historic water, not Brisbane water. 562 01:10:40,330 --> 01:10:43,130 Those are not Brisbane water accounts, them. 563 01:10:44,270 --> 01:10:47,910 Well, they're in the city limits, OK? 564 01:10:47,910 --> 01:10:55,210 Yeah, but they, but they pre-see the city of Brisbane. Okay, they're that old. Okay, I just I think that 565 01:10:56,010 --> 01:11:01,470 To keep everything on the up and up, San Francisco needs to be involved to say whether that's 566 01:11:02,150 --> 01:11:08,150 Uncurrent standards legal since we're in an entirely different county and we're governed by Bosca 567 01:11:09,610 --> 01:11:16,030 Understood, yes, yeah, okay, but so we're going to be seeing something then from you 568 01:11:17,750 --> 01:11:22,090 We're prepared to talk about our existing retail water. 569 01:11:22,790 --> 01:11:22,990 Yeah. 570 01:11:22,990 --> 01:11:29,290 Well, I think we want some assurances that Brisbane's very limited water supply is not going to be used. 571 01:11:29,290 --> 01:11:29,490 Yeah. 572 01:11:29,490 --> 01:11:30,370 We don't submit it. 573 01:11:30,850 --> 01:11:32,890 For the construction and remediation. 574 01:11:32,890 --> 01:11:33,190 Okay. 575 01:11:33,190 --> 01:11:36,210 We will be using our SFPUC water. 576 01:11:36,990 --> 01:11:37,150 Okay. 577 01:11:37,490 --> 01:11:41,870 And I believe the specific plan mentions using San Francisco water. 578 01:11:42,370 --> 01:11:45,290 And we need to make sure that that is not in there. 579 01:11:47,240 --> 01:11:52,330 In that I think that needs to be explained. 580 01:11:55,090 --> 01:11:55,970 You look positive. 581 01:11:56,950 --> 01:11:59,170 Can you give us the page? 582 01:11:59,430 --> 01:11:59,950 I remember. 583 01:11:59,950 --> 01:12:00,270 I remember. 584 01:12:00,770 --> 01:12:00,870 Okay. 585 01:12:04,740 --> 01:12:05,940 Oh, do you mean Brisbane water? 586 01:12:05,940 --> 01:12:06,340 Sorry. 587 01:12:06,340 --> 01:12:07,100 Sorry, same water. 588 01:12:07,380 --> 01:12:07,560 Yes. 589 01:12:08,100 --> 01:12:08,280 No. 590 01:12:09,540 --> 01:12:09,840 No. 591 01:12:10,020 --> 01:12:10,540 And we'll talk. 592 01:12:10,780 --> 01:12:12,600 We have a whole, when we get to water, 593 01:12:12,960 --> 01:12:16,160 Mayor Mack and we have a whole presentation on our, 594 01:12:16,160 --> 01:12:20,520 on our current cow water agreement for 595 01:12:20,520 --> 01:12:28,680 Supplying the baylands with potable water. Okay. Yeah, did you ever just out of curiosity come up with a budget for the cost of the dust mitigation 596 01:12:29,860 --> 01:12:33,020 At the price of water. I'm just curious because that's 597 01:12:33,020 --> 01:12:38,840 Significant yes, I mean we we have a current we have a certain amount of 598 01:12:38,840 --> 01:12:43,320 Gallons of water that we currently use that's what we call our existing use and we can use that and we've already 599 01:12:43,320 --> 01:12:49,920 Determined that that's enough for remediation and construction. Yeah, okay because if we have drought years and they issue 600 01:12:49,920 --> 01:12:53,380 to cut backs, what are you going to do? 601 01:12:53,940 --> 01:12:57,000 I will follow whatever plan the SFP you see puts out. 602 01:12:58,080 --> 01:13:01,900 I mean, you may recall 2015, 2017, 603 01:13:02,040 --> 01:13:03,940 when we were in a very severe drought, and yeah, 604 01:13:04,560 --> 01:13:06,920 everybody got home. 605 01:13:07,580 --> 01:13:11,380 A home new program was put out for water usage and tiered systems, 606 01:13:11,980 --> 01:13:13,220 and, you know, right. 607 01:13:13,500 --> 01:13:14,200 But you want to do it. 608 01:13:14,200 --> 01:13:16,400 But you want to do it in dust mitigation at the time. 609 01:13:16,440 --> 01:13:17,380 So that's my concern. 610 01:13:17,440 --> 01:13:17,860 Yeah. 611 01:13:17,860 --> 01:13:19,300 I thought they were on Chile. 612 01:13:19,460 --> 01:13:22,120 And significantly, large amounts of water. 613 01:13:22,880 --> 01:13:25,980 Yeah, but again, and if you want the more details on that, 614 01:13:26,160 --> 01:13:28,940 we have already calculated how much water we need 615 01:13:28,940 --> 01:13:30,360 for the remediation and the construction. 616 01:13:30,600 --> 01:13:35,240 And it is within our existing water use on our existing 617 01:13:36,400 --> 01:13:38,280 SFPUC water use. 618 01:13:39,500 --> 01:13:39,520 OK. 619 01:13:39,960 --> 01:13:41,000 Any other questions? 620 01:13:41,040 --> 01:13:42,160 Because I have one more. 621 01:13:42,180 --> 01:13:42,760 I'm good. 622 01:13:43,080 --> 01:13:43,440 OK. 623 01:13:43,440 --> 01:13:56,480 So Schlaglock has been mentioned as a comparable example of a remediation project and there 624 01:13:56,480 --> 01:14:03,500 was a looting to a private entity serving as an operator compliance coordinator and a 625 01:14:03,500 --> 01:14:05,860 steward for a remediated site. 626 01:14:05,960 --> 01:14:08,200 Who is private entity? 627 01:14:11,120 --> 01:14:11,880 Any idea? 628 01:14:12,460 --> 01:14:15,640 No, I'm not sure what you're referring to, but give me some more 629 01:14:15,640 --> 01:14:17,340 maybe I can come back with an answer? 630 01:14:17,900 --> 01:14:19,580 Well, where are you reading them? 631 01:14:19,980 --> 01:14:22,240 From that's been in a staff report, 632 01:14:22,800 --> 01:14:23,960 mentioning Schleglock, 633 01:14:26,570 --> 01:14:28,190 and the recent mentioned Schleglock. 634 01:14:31,230 --> 01:14:33,170 Comparable remediation project 635 01:14:33,170 --> 01:14:35,770 and onsite specific environmental 636 01:14:35,770 --> 01:14:39,950 management area structures under a private entity. 637 01:14:41,470 --> 01:14:42,510 And I'm just curious, 638 01:14:43,730 --> 01:14:47,310 private entity as the operator and compliance coordinator 639 01:14:47,310 --> 01:14:49,390 who would be a private entity. 640 01:14:49,390 --> 01:14:56,970 maybe staff can answer that. I think they may be referring to us, the owner, is the private entity 641 01:14:56,970 --> 01:14:58,850 that's overseeing this Shajlok. 642 01:15:00,000 --> 01:15:08,380 Edeation, which is, we are now in, well, it's sure that it has been remediated, it is now in what they call O&M operations and maintenance of the site. 643 01:15:09,780 --> 01:15:13,020 But I think the private, it's referring to us. 644 01:15:13,420 --> 01:15:21,200 Okay. Yeah. All right. Thank you. And if staff has a different take on it, can come back on that. That would be appreciated as well. 645 01:15:22,040 --> 01:15:26,440 All right. Absent any further questions. We go to public comments. 646 01:15:29,540 --> 01:15:32,860 First one I have is Michelle Salman, 647 01:15:38,490 --> 01:15:39,250 Michelle Salman, 648 01:15:39,350 --> 01:15:40,190 President and President. 649 01:15:41,290 --> 01:15:45,610 There are so many holes in this that I'm concerned about 650 01:15:45,610 --> 01:15:47,950 and I'm glad you brought many of them up. 651 01:15:48,650 --> 01:15:52,350 We have really not experienced where the state 652 01:15:52,350 --> 01:15:56,790 regulatory has come in and looked at what the work 653 01:15:56,790 --> 01:15:58,970 that the HOA and the CC and ours have done 654 01:15:58,970 --> 01:16:00,150 up at the Northeastern Ridge. 655 01:16:01,070 --> 01:16:04,090 And I wonder how reliable that is, 656 01:16:04,090 --> 01:16:08,230 How many instances across the state has that actually happened? 657 01:16:09,550 --> 01:16:18,670 I love the idea of secure public access but not ownership and the consistent designs. 658 01:16:19,350 --> 01:16:32,550 But I am still really concerned about the decimification and making sure that each section is remediated before each district is remediated before anybody moves there. 659 01:16:32,550 --> 01:16:37,130 But hopefully the whole district is remediated before anybody moves there. 660 01:16:37,850 --> 01:16:44,610 Because I've seen obviously all the dust that came off of that site for many years. 661 01:16:44,690 --> 01:16:49,030 All the way back to 2015, yes, they were supposed to be watering them and they weren't. 662 01:16:49,130 --> 01:16:54,470 You know, and so it really is a big issue for both the people who drive by. 663 01:16:55,090 --> 01:16:57,430 People who work there, people who be doing the work. 664 01:16:58,350 --> 01:17:02,970 It's a dangerous sight, that's about it, but I really appreciate the questions that you're 665 01:17:02,970 --> 01:17:03,710 asking. 666 01:17:05,070 --> 01:17:05,850 Public scale. 667 01:17:15,240 --> 01:17:20,240 Public scale has been risen, and I do appreciate the questions you're all asking. 668 01:17:23,040 --> 01:17:32,120 And about transporting the fill, and I was just curious, you had mentioned that the information 669 01:17:32,120 --> 01:17:38,820 that you've gathered, and staff is working on responses as well as from the community. 670 01:17:40,040 --> 01:17:45,300 And I thought there was going to be the day that we're going to have responses from the 671 01:17:45,300 --> 01:17:46,460 community being answered. 672 01:17:47,600 --> 01:17:53,100 And one of the things I was curious about, I'd like to know if there's any, 673 01:17:55,280 --> 01:17:55,980 if it's been 674 01:17:55,980 --> 01:18:07,060 looked into regarding the transporting of leftover cleanup from the area of the railroad site. 675 01:18:08,800 --> 01:18:17,440 And back when I proposed transporting it over to the unregulated landfill and dump it 676 01:18:17,440 --> 01:18:24,160 at there is that it has taken it to a hazardous landfill site, it was said that that was 677 01:18:24,160 --> 01:18:32,820 possible but the regulatory agencies wouldn't let that happen but they'll allow them to put 678 01:18:32,820 --> 01:18:38,940 underneath the roadway on the site, move it from here and put it there, put it under a 679 01:18:38,940 --> 01:18:45,600 roadway which is acceptable and never having utilities in there so nobody's ever digging in 680 01:18:45,600 --> 01:18:51,740 there and that's acceptable way of doing it so why couldn't we transport it over to the under 681 01:18:51,740 --> 01:18:56,140 the landfills site, just like possibly with the real 682 01:18:56,140 --> 01:19:03,340 the other, like they're going to do transporting the dirt, and the reason 683 01:19:03,340 --> 01:19:08,340 why that's so important is transporting, I don't know, how many 684 01:19:08,340 --> 01:19:14,520 truckloads I've never heard, what they estimate, the surplus contaminated 685 01:19:14,520 --> 01:19:19,500 soils going to be, but how many truckloads would have to go to hazardous 686 01:19:19,500 --> 01:19:27,680 landfield site. And we're responsible for that from the time that leaves until the time it 687 01:19:27,680 --> 01:19:33,380 gets there and as long as it's there. I say we, I don't know what our involvement is from the city, 688 01:19:34,480 --> 01:19:40,360 but the property owners and to your point, if the property owners fail to come through the development 689 01:19:40,360 --> 01:19:48,900 or sell it, then who's responsible? So I would like to know what the idea answer is if possible. Thank you. 690 01:19:48,900 --> 01:19:51,680 I would like to know the answer to that as well. 691 01:19:51,800 --> 01:19:53,320 Staff, can you comment on that? 692 01:19:53,400 --> 01:19:54,240 Is that impossible? 693 01:19:56,320 --> 01:19:58,000 According to state agencies, 694 01:20:10,410 --> 01:20:15,430 and if we're not sure that's okay, but if we have an answer that would be great for everyone to hear. 695 01:20:16,590 --> 01:20:20,730 Yeah, we'll need to clarify the question and get back to you all with an answer. 696 01:20:21,010 --> 01:20:21,310 Perfect. 697 01:20:21,510 --> 01:20:22,830 Thank you very much. 698 01:20:23,710 --> 01:20:24,150 Robin, lighter? 699 01:20:34,080 --> 01:20:38,660 I guess I have a bunch of small questions that also came up. 700 01:20:38,660 --> 01:21:00,320 One I'd like to say, as I've gone through the internet best I can to do a search for has anybody made a homeowner's association responsible for remediation, monitoring, and site repair on a landfill, or a contaminated site, and I can't find one, and I think for a very good reason. 701 01:21:00,320 --> 01:21:08,560 If you think about it, where would a homeowner even start to find those kind of expertise? 702 01:21:09,400 --> 01:21:11,820 It's just not a workable solution. 703 01:21:12,900 --> 01:21:18,500 And though they say, and it's even worse in my mind, not only is there a homeowner's association 704 01:21:18,500 --> 01:21:27,360 that has to remediate the site where they live, there's a master homeowner's association that makes the homeowner's 705 01:21:27,360 --> 01:21:33,080 a response, I'm sorry, remediate, the monitors of the site, but there's also a master 706 01:21:33,080 --> 01:21:37,940 homeowner's, I'm sorry, a master property owners association, which makes those homeowners 707 01:21:37,940 --> 01:21:46,840 also responsible with the commercial for the landfill, and that just seems, I know this 708 01:21:46,840 --> 01:21:51,780 probably sounds like an eighth grade word, but it just seems so unfair. I don't think that 709 01:21:51,780 --> 01:21:58,440 There's any homeowner that is a sufficient background or whatever to take on that kind of thing. 710 01:21:59,060 --> 01:22:05,160 And one of the things that also bothers me is that there's an art dip that the developer 711 01:22:05,160 --> 01:22:08,540 has to get from the state agencies before we can go forward. 712 01:22:08,940 --> 01:22:16,880 And that would include what obligations they have for the monitoring remediation or site repair 713 01:22:16,880 --> 01:22:17,740 of those sites. 714 01:22:17,740 --> 01:22:26,280 And if you get in between them, as I think your consultant said, that money is only drawn upon if there's nobody else. 715 01:22:27,040 --> 01:22:29,940 So now who's in between them and them? 716 01:22:30,000 --> 01:22:37,420 The polluters, or the current, or the current developer, you put the homeowners in between. 717 01:22:38,820 --> 01:22:54,800 So, I think it would be important not to do this, and none of it has to be done now, until you can see in the R-Dip what to the state agencies require them to post for security for both of these sites, for both the remediation and the landfill. 718 01:22:55,660 --> 01:23:00,900 And I guess the other thing that kind of bothers me about this is I think you really need 719 01:23:00,900 --> 01:23:10,080 these are dips for both. The landfill and the sites where the housing is being built. 720 01:23:10,560 --> 01:23:19,780 And why I say that is I still can't figure out if the sustainability zone is in phase two, 721 01:23:19,780 --> 01:23:23,900 But the cityability zone has things that are required 722 01:23:24,480 --> 01:23:29,500 like the water treatment plant or the solar farm or those kinds of things. 723 01:23:29,920 --> 01:23:33,400 How can the remediation not be happening at the same time? 724 01:23:34,300 --> 01:23:38,000 So I'm having a difficulty understanding how the phasing works. 725 01:23:38,560 --> 01:23:42,020 So for my point of view, during phasing when you're doing the housing, 726 01:23:42,520 --> 01:23:47,500 you might also then be remediating, remediating the site, 727 01:23:47,500 --> 01:23:56,200 So that when if you start after phase one with the sustainability zone, that mean it could be 728 01:23:56,200 --> 01:24:02,060 10 or 20 years before any of the things in the sustainability zone actually get built. 729 01:24:03,120 --> 01:24:08,340 And so I think there needs to be a phasing plan that makes it clear that they have to start 730 01:24:08,340 --> 01:24:16,760 doing the cleanup on that site, on the phase two site before they get done with phase one. 731 01:24:17,740 --> 01:24:24,080 Also, the wetlands for the visitation creek doesn't have to be done until after I think 732 01:24:24,080 --> 01:24:29,680 a million square feet is built on the east side, so that means you wouldn't have finished 733 01:24:29,680 --> 01:24:38,540 the drainage out to the bay until, you know, after a million square feet on the east side. 734 01:24:39,460 --> 01:24:45,660 And lastly, I would say to you that many of the triggers or gates you have for things are 735 01:24:45,660 --> 01:24:52,620 during phase one, a thousand and one homes, or after four million square feet for, let's say, 736 01:24:52,680 --> 01:24:58,860 Geneva or a million square feet for the wetland creeks. 737 01:25:00,000 --> 01:25:05,240 And my question is, well, if we never get to that number, that means you don't have, you 738 01:25:05,240 --> 01:25:06,320 don't get it. 739 01:25:07,040 --> 01:25:13,960 So if they build 999, whatever, and they never come in for their thousand permit, then they 740 01:25:13,960 --> 01:25:21,060 never have to build. So I think we need more effective triggers to which make them responsible 741 01:25:23,180 --> 01:25:28,740 for building the mitigation measures at the EIR sets forth and for filling the conditions 742 01:25:28,740 --> 01:25:35,940 of approval that I think the community believe should be fulfilled. I thank you for your time. 743 01:25:36,400 --> 01:25:38,040 Thank you. Susan Brandon? 744 01:25:44,360 --> 01:25:46,920 Susan that was from last week. From the last year. 745 01:25:46,920 --> 01:25:48,900 I want to come up. 746 01:25:49,260 --> 01:25:49,760 If you, 747 01:25:55,280 --> 01:26:18,100 I think that once the plan is approved, then the developer goes to ensures and should anything go wrong with the developer, then the HOA would be responsible to the, I mean, 748 01:26:18,100 --> 01:26:31,320 ensures would charge astronomical rates for a project like this. There is no why would anyone want to get 749 01:26:31,320 --> 01:26:40,460 into this kind of financial let's strangle hold? Why would anyone want that? Why would any, I don't 750 01:26:40,460 --> 01:26:48,080 no other than the low income housing, I don't know that anyway. And then on the east coast, 751 01:26:48,280 --> 01:26:56,080 there's something called 80, 20 housing. I don't know if that exists here as well. But 80% 752 01:26:56,080 --> 01:27:03,420 is regular income housing and 20% within the same building is low income housing. And then the 753 01:27:04,480 --> 01:27:11,340 It feels in the gap of monies that, you know, to cover the low income housing. 754 01:27:11,840 --> 01:27:17,420 So that's just, I lived in a building like that with the regular income. 755 01:27:18,400 --> 01:27:27,280 And it was just such a wonderful cup to hold everyone in, a wonderful basket. 756 01:27:27,280 --> 01:27:34,480 there was no, there wasn't any feeling of like isolating or creating like a mini ghetto within 757 01:27:34,480 --> 01:27:41,640 a community and it just worked beautifully and that happens all over Manhattan and you know 758 01:27:41,640 --> 01:27:49,600 the most exclusive buildings and there isn't any problem and or objection from people paying 759 01:27:49,600 --> 01:27:58,450 full ownership for rental. Thank you. Thank you Paul Elian. 760 01:28:06,990 --> 01:28:07,850 Paul is one of our 761 01:28:07,850 --> 01:28:11,790 union brothers. He had to go because he has a wake up at 330. He works in Sacramento. 762 01:28:12,850 --> 01:28:17,490 So he's never going to be. Thank you. Jose Rodriguez. 763 01:28:26,740 --> 01:28:30,440 So I'm a Marine. I'm a combat 764 01:28:30,440 --> 01:28:37,040 veteran and I've been in the union for nine years and I did the whole program. I did 765 01:28:37,040 --> 01:28:41,240 the apprenticeship. It's supposed to be four years, but I did five because of COVID. 766 01:28:43,580 --> 01:28:49,200 And this is a really good opportunity for us to come here. It's a 20-year project or 767 01:28:49,200 --> 01:28:57,200 plus. I've seen people really grow. I've grown, now I'm a safety manager. 768 01:28:58,560 --> 01:29:06,600 And I see some of your concerns and all we are is with Ambil, but all we are is safety. 769 01:29:06,600 --> 01:29:14,120 safety is such an important thing for us and I see some of you are concerned with the 770 01:29:14,120 --> 01:29:22,480 carbon as union, with the union, we are so hard on safety. We make sure you can't come 771 01:29:22,480 --> 01:29:30,240 in the site without PPE, water control, VC does. We're like, hey guys, get the water truck out here, 772 01:29:30,400 --> 01:29:36,520 get that done. We're really on top of that stuff and I see such a great opportunity 773 01:29:37,340 --> 01:29:41,140 for, you know, the kids growing up here. I also live here. I live in 774 01:29:41,140 --> 01:29:46,380 right down the street in Mariposa. And, you know, I love this town. And I see a 775 01:29:46,380 --> 01:29:51,080 great opportunity for, for this town to grow and, you know, like opportunity for 776 01:29:51,080 --> 01:29:55,440 the kids, you know, opportunity for, you know, people that just want to get a job and 777 01:29:55,440 --> 01:29:59,980 and constructions such a great opportunity for people to grow and step up in. 778 01:30:00,580 --> 01:30:08,460 If they want to do better, they can do better, but it really helped me out being a combat veteran with PTSD. 779 01:30:09,700 --> 01:30:16,140 I didn't know what I can do, and then I was like, man, Lee got it, let me go by now because I'm kind of messed up. 780 01:30:16,720 --> 01:30:27,300 But they were there and I go to VA, I do everything with the VA, and I'm just really happy with what the unions give me. 781 01:30:27,300 --> 01:30:30,460 And I'm really happy to see what's gonna happen in the future. 782 01:30:31,700 --> 01:30:36,280 And, you know, like, with the safety that we're going to the next level with Safety, 783 01:30:36,520 --> 01:30:42,000 I mean, it's just, we're on top of things and, you know, some of better than the others, 784 01:30:43,000 --> 01:30:49,900 but it's just, you know, like, if I work here, if I work in Safety, I'm gonna be on top of it. 785 01:30:49,940 --> 01:30:53,840 I'm gonna make sure that everything's good, but yeah, I just want to say, 786 01:30:56,200 --> 01:30:58,540 you know, 787 01:30:58,540 --> 01:31:02,560 and be a venture, and I appreciate your time. 788 01:31:02,980 --> 01:31:04,040 Thank you. 789 01:31:04,300 --> 01:31:06,880 Nils, Dellander or Dellander? 790 01:31:07,560 --> 01:31:09,160 I don't know if I said your name, right? 791 01:31:09,240 --> 01:31:10,740 Sorry if I messed it up. 792 01:31:16,230 --> 01:31:16,750 Good evening, Mayor. 793 01:31:17,010 --> 01:31:18,430 Council members and CSTF. 794 01:31:18,950 --> 01:31:21,330 My name is Nils Lander, and I'm a lifelong resident 795 01:31:21,330 --> 01:31:23,770 of the neighboring city of South San Francisco. 796 01:31:24,630 --> 01:31:27,030 As union members of the Carbers Union, 797 01:31:27,350 --> 01:31:28,850 we strongly support the Baylands project 798 01:31:28,850 --> 01:31:32,170 because it represents significant investment 799 01:31:32,170 --> 01:31:37,070 of a community, our workforce, and our future. This project will create thousands of 800 01:31:37,070 --> 01:31:40,290 construction jobs that provide long-term employment opportunities for skilled 801 01:31:40,290 --> 01:31:45,530 carpenters, apprentices, and trade workers throughout the region. Large skill, large 802 01:31:45,530 --> 01:31:49,610 skill developments, like Bayland's projects, generated years of work, healthy union 803 01:31:49,610 --> 01:31:54,270 members, support and the families, and build the quality infrastructure that 804 01:31:54,270 --> 01:31:59,570 benefits entire the community. Now, this is about remediation because I need you to 805 01:31:59,570 --> 01:32:07,430 on topic. I obviously basically finally have the special quick that's yeah we have to stay on topic. 806 01:32:07,690 --> 01:32:13,090 Do you have something to say regarding this project? Long-term remediation. We support this projects 807 01:32:13,090 --> 01:32:18,210 and we want to make sure that this project is keep going. Okay, because this isn't a general common 808 01:32:18,210 --> 01:32:25,170 period. This is specific to the topic or on. Okay, thank you, Mayor. Okay, thank you. Claire Johnson, 809 01:32:41,330 --> 01:32:43,290 Good evening. 810 01:32:44,750 --> 01:32:49,650 I wanted to just make a comment on the earlier discussion about the water from an SFP 811 01:32:49,650 --> 01:32:52,590 you see that they own or the water right. 812 01:32:52,890 --> 01:32:56,170 I think they should tell you how big that water right is. 813 01:32:56,230 --> 01:32:57,990 What exactly is it? 814 01:32:58,510 --> 01:33:01,330 And I thought, why didn't anybody mention it till now? 815 01:33:04,310 --> 01:33:10,570 And does SFP you see know that they're going to be using this water outside of San Francisco? 816 01:33:10,570 --> 01:33:19,150 not only at their building in San Francisco, but all over for remediation and for construction. 817 01:33:21,210 --> 01:33:26,810 I wanted to ask about the R-Diff for all you two. I've been looking for it. 818 01:33:26,890 --> 01:33:34,490 I did a public document now, and where is it available? Could you help me find that out? 819 01:33:34,490 --> 01:33:43,650 And at the last public hearing, there was discussion about whether construction and remediation activities could be done in close proximity to each other. 820 01:33:43,650 --> 01:33:46,050 And I don't believe the question was clearly answered. 821 01:33:46,530 --> 01:33:49,990 What exactly does the water board require in terms of proximity? 822 01:33:50,670 --> 01:33:52,890 And where is it found in their written material? 823 01:33:53,710 --> 01:33:55,210 Because I've been looking. 824 01:33:56,030 --> 01:34:01,990 In this specific plan, it states that the tunnel road will always be open for Sierra Point Lumber and other businesses. 825 01:34:01,990 --> 01:34:09,290 It appears that considering the truck traffic, including the soil moving trucks and all the normal traffic 826 01:34:09,290 --> 01:34:16,350 that the road would be overwhelmed and virtually closed the road, that would be closed the road. 827 01:34:16,910 --> 01:34:24,790 If that occurred, then you should require a stop to work order after three days of traffic being brought to a standstill 828 01:34:24,790 --> 01:34:29,790 because it's mentioned multiple places in this specific plan that that road is going to be open. 829 01:34:30,870 --> 01:34:38,710 And I think there also should be a penalty of the average total of sales for day, or 830 01:34:38,710 --> 01:34:43,210 each day that the traffic still stands in place and does not move. 831 01:34:43,770 --> 01:34:49,070 This would create a strong incentive for DBI to arrange it so that the traffic keeps moving. 832 01:34:50,550 --> 01:34:56,370 The aesthetics of the buildings that I've been able to sort of judge from their illustrations 833 01:34:57,030 --> 01:34:58,770 seems geared to the mediocre. 834 01:34:58,770 --> 01:35:04,630 The building should be softened and cooled by having plants and hanging lines on the exterior 835 01:35:04,630 --> 01:35:10,410 and whether or not vines or windows there should be solar panels, breathively 45 acre 836 01:35:10,410 --> 01:35:10,930 source. 837 01:35:11,490 --> 01:35:16,990 The amount that we did not build that was originally hoped for. 838 01:35:17,850 --> 01:35:22,690 I think the project would be smaller in several ways. 839 01:35:22,870 --> 01:35:27,510 The commercial leasing market in this area doesn't support this larger project and may not 840 01:35:27,510 --> 01:35:30,850 ever do so considering all the other buildings that have been built. 841 01:35:31,410 --> 01:35:34,190 The pressure to secure enough water would not be so great. 842 01:35:34,590 --> 01:35:40,450 It would be a more attractive project visually and it would be less expensive to build. 843 01:35:41,690 --> 01:35:48,770 I'm hoping that you will choose that alternative, number seven, or modify version of it. 844 01:35:49,010 --> 01:35:53,650 There are unanswered questions about the project that need answering and you must do your 845 01:35:53,650 --> 01:35:56,470 best to make sure the project does not fail as a result. 846 01:35:56,470 --> 01:36:00,770 The developer is $7 million in debt arrears to the city. 847 01:36:01,270 --> 01:36:05,650 You need to face the fact that there is either a big problem or they are trying to pressure 848 01:36:05,650 --> 01:36:12,570 you into accepting a project that is incomplete and is not perhaps a risk-based interest 849 01:36:12,570 --> 01:36:13,710 to be so large. 850 01:36:14,350 --> 01:36:19,990 If DBI sue you and sue all of us, it would delay things even more. 851 01:36:19,990 --> 01:36:27,830 So, the answer to you, why, let them sue us, and then other people, I think, if you don't do enough review, 852 01:36:28,050 --> 01:36:37,110 the other people will undoubtedly sue. So, it seems like a difficult choice, but the choice of protecting Brisbane interest, 853 01:36:37,210 --> 01:36:41,810 I know is what you all want, and I support you in that. Thank you. 854 01:36:42,030 --> 01:36:42,850 Thank you. 855 01:36:43,930 --> 01:36:51,590 Okay. This is all the public comment. Slips I have, City Clerk, do we have anyone online 856 01:36:51,590 --> 01:36:58,650 that I don't have a slipbook? I have a slipbook for Allie's Sepperman and Janette NATO online. 857 01:36:59,510 --> 01:37:02,270 Okay. Allie, you want to go ahead? 858 01:37:09,490 --> 01:37:12,310 Good evening, Mayor and Council members. My name is Allie C, 859 01:37:12,350 --> 01:37:15,470 for men from the Housing Action Coalition. A non-profit that supports 860 01:37:15,470 --> 01:37:19,070 infall housing at all income levels. Our membership stands the building industry 861 01:37:19,070 --> 01:37:22,810 from developers to labor unions, and I'm here tonight to urge you to keep the valence moving 862 01:37:22,810 --> 01:37:23,170 forward. 863 01:37:23,690 --> 01:37:27,410 Brownfield Development is a critical strategy for reducing greenhouse gas emissions and 864 01:37:27,410 --> 01:37:28,670 preventing urban sprawl. 865 01:37:28,670 --> 01:37:29,970 as we've heard at previous year. 866 01:37:30,000 --> 01:37:35,420 The billings will be safely remediated under the oversight of appropriate regulatory agencies. 867 01:37:36,200 --> 01:37:46,140 Like many other Bay Area projects, the billings will carry on going reporting requirements that ensure accountability and transparency, long after the remediation is complete. 868 01:37:47,440 --> 01:37:57,000 Remediation deserves careful consideration, but it's unclear why a fourth meeting on this topic is needed. The council's role is to amend the zoning for the billings not to regulate remediation. 869 01:37:57,000 --> 01:38:05,620 This is the Council's 7th public hearing on the Baylands following six planning commission meetings and 20 years of analysis in public input. 870 01:38:06,060 --> 01:38:11,380 Council members have recently discussed adding more hearings and pushing back the vote on the Baylands planning documents. 871 01:38:11,780 --> 01:38:14,880 This is unacceptable. It's time to move the Baylands forward. 872 01:38:15,440 --> 01:38:19,920 Brisbane, the region and the state can no longer afford more delays on new housing. Thank you. 873 01:38:19,920 --> 01:38:26,540 Okay, and City Clerk, you said there was one more, and I didn't touch the name, sorry. 874 01:38:27,100 --> 01:38:29,100 It's Janet Naito, online. 875 01:38:29,680 --> 01:38:30,860 Okay, Janet, go ahead. 876 01:38:35,670 --> 01:38:39,990 Good evening. My name is Janet Naito. I am with the Center for Creative Land Recycling. 877 01:38:41,210 --> 01:38:46,130 I spoke before, I appeared before you guys, I think two meetings ago. 878 01:38:46,670 --> 01:38:52,350 I wanted to talk a little about a long-term stewardship. Prior to joining Seacler, 879 01:38:52,350 --> 01:39:00,810 I worked for DTSC. DTSC could also speak to long-term stewardship if they're present tonight. 880 01:39:02,570 --> 01:39:09,110 Long-term stewardship is an integral part of cleanup at a number of different sites. We do have 881 01:39:09,530 --> 01:39:17,390 we require financial assurance. We also require that people who are doing long-term stewardship 882 01:39:17,390 --> 01:39:29,510 or DTSC requires people who require or sites that require long-term stewardship to periodically review the cleanups to make sure they are still protective. 883 01:39:32,970 --> 01:39:42,270 We have a number of different sites where homeowners associations are required to conduct the monitoring and maintenance. 884 01:39:44,190 --> 01:39:52,370 Anybody doing work on a site that is capped is required to notify DTSC if it is a DTSC 885 01:39:52,370 --> 01:39:58,490 lead or the waterboard if it is a waterboard lead if you're going to penetrate the cap. 886 01:40:00,350 --> 01:40:06,970 So that, as Michelle explained earlier, procedures are in place to ensure that you're not 887 01:40:06,970 --> 01:40:14,830 going to have a situation or that you'll catch a situation if something goes wrong during that penetration. 888 01:40:17,670 --> 01:40:21,770 And that's pretty much all I had to say. Thank you very much for your time. 889 01:40:22,490 --> 01:40:30,490 Okay, thank you. Anyone else? City Clerk? Okay. No metamere. All right. Before we move on to the next 890 01:40:30,490 --> 01:40:35,450 topic, I would just ask staff. There's something that I felt was a very good question, 891 01:40:35,450 --> 01:40:43,390 like if staff could either find out the answer, where do we find the R-Dip for O-U-2? Do we know? 892 01:40:49,420 --> 01:40:55,580 The R-Dip for O-U-2 normally would be on geo-tracker, but it is not a completely final document. 893 01:40:55,580 --> 01:41:01,260 At this point it's a draft final, and it's just not available yet on geo-tracker, but it is very similar 894 01:41:01,260 --> 01:41:07,500 to the contents of the R-Dip for O-U-S-M. So when might it be available? 895 01:41:08,640 --> 01:41:11,560 I would let Stephanie respond to that. 896 01:41:14,420 --> 01:41:22,600 Yeah, both the R-dips for O-U-S-M and O-U-2 are in final draft form. 897 01:41:23,420 --> 01:41:31,600 I think we have a final round of comments with both agencies on the R-dips. 898 01:41:32,240 --> 01:41:34,480 And I want to finalize they will be posted. 899 01:41:34,480 --> 01:41:44,440 But at the last BB-Kag meeting, the water board and at the DTSC had agreed to bring them back to the BB-Kag for review before finalization. 900 01:41:45,180 --> 01:41:46,680 So that is the current plan. 901 01:41:47,000 --> 01:41:49,620 Okay, so we don't have a date on it. 902 01:41:50,040 --> 01:41:52,320 The date on the finalization? Correct. 903 01:41:53,720 --> 01:41:58,780 No, but I would say, I would hope before the end of the year. 904 01:41:58,780 --> 01:42:22,000 Yeah. Okay. I'm the finalization of the R-dips and the R-dips. Again, they're more detailed than the remediation, the remedial action plan, the RAPS, which is what Measure J. J. required us to have and have approved have been approved and the RAPS are a more of a larger global picture of the cleanup and all the various potential cleanup methodologies. 905 01:42:22,000 --> 01:42:31,160 Those have been approved and those went through a public comment period and that's what measure JJ required us to have approved fire to 906 01:42:31,800 --> 01:42:36,260 You know the project being approved. Do you have the drafts on your website? 907 01:42:37,200 --> 01:42:39,300 The drafts that there are dips? No. 908 01:42:39,320 --> 01:42:45,340 Again, we're still going through the process with the regulators and responding to all of their comments and questions. 909 01:42:45,920 --> 01:42:47,280 Okay, and then once that's finished. 910 01:42:47,280 --> 01:42:49,940 Yeah, they will be finalized and they'll be posted. 911 01:42:50,500 --> 01:42:53,300 Okay, do we have the drafts on our website? 912 01:42:54,280 --> 01:42:57,860 No, drafts are not generally shared at the public until their finalized. 913 01:42:58,360 --> 01:43:01,020 Okay, that is the agency's policies. 914 01:43:01,520 --> 01:43:11,600 Would you consider coming back to us next hearing and giving us a more firm date than maybe by the end of the year on the finalizations? 915 01:43:12,440 --> 01:43:12,560 Yes. 916 01:43:13,820 --> 01:43:14,920 Yes, I can do that. 917 01:43:14,920 --> 01:43:16,080 Yeah, that'd be great. 918 01:43:16,680 --> 01:43:17,900 Thank you. 919 01:43:18,200 --> 01:43:18,560 Okay. 920 01:43:20,120 --> 01:43:28,440 Moving on to this is the topic number eight planning commission recommendation, remediation 921 01:43:28,440 --> 01:43:30,240 reporting, and enforcement. 922 01:43:31,000 --> 01:43:33,900 Council questions starting with Council member Kern. 923 01:43:34,860 --> 01:43:36,400 No questions at this time. 924 01:43:36,720 --> 01:43:37,120 Okay. 925 01:43:38,460 --> 01:43:39,400 Council member Lens. 926 01:43:39,400 --> 01:43:46,580 I don't know either, but I appreciate the recommendations that were given by the Plan 927 01:43:46,580 --> 01:43:47,240 Commission. 928 01:43:47,900 --> 01:43:48,080 Okay. 929 01:43:50,650 --> 01:43:51,590 Mayor Potom Davis. 930 01:43:54,840 --> 01:44:02,140 So if remediation deadline is missed or require report reveals non-compliance, are there 931 01:44:02,140 --> 01:44:09,680 any remedies available to the city that are distinct from those available to DTSC, the regional 932 01:44:09,680 --> 01:44:15,220 water quality control board or the county environmental health agency and would 933 01:44:15,220 --> 01:44:21,680 executing any upon any of those remedies create liability for us. 934 01:44:22,220 --> 01:44:28,900 Well, the city's primary enforcement role is related to its land use permitting authority, 935 01:44:30,460 --> 01:44:39,660 so as the specific plan and I all contemplate the compliance with the remediation plans 936 01:44:39,660 --> 01:44:45,240 is a prerequisite for building permits for certificates of occupancy. 937 01:44:45,660 --> 01:44:54,340 So if the appropriate actions haven't been taken in the regulatory agencies haven't approved 938 01:44:54,340 --> 01:44:59,980 the work has been performed to their specifications, that's a basis for the city too. 939 01:45:00,000 --> 01:45:08,860 Again, depending on the phase of construction with hold a building permit or an occupancy permit and enforce things through those mechanisms. 940 01:45:09,660 --> 01:45:11,580 Thank you. That's all the questions I have in this section. 941 01:45:12,280 --> 01:45:16,040 Okay, then we have, let's see, cuts of my roll call. 942 01:45:20,220 --> 01:45:26,040 Just a clarification of page six of eight of the staff report. 943 01:45:27,080 --> 01:45:31,560 When it talked about the phasing of the specific plan chapter eight, 944 01:45:31,560 --> 01:45:44,700 It's a state approved remediation for OUSM and an OU-2 must be certified complete before construction permits are issued west of Caltering. 945 01:45:45,840 --> 01:45:50,900 Has that been debunked at this point? 946 01:45:53,240 --> 01:46:13,080 Yes, in prior hearing, I noted that that was a oversight or misrepresentation, because both the plan and the MMRP, both state that this would be a phase to approach, so the specific plan has more detail on that and presents the different phases. 947 01:46:13,080 --> 01:46:42,380 Thank you. And have we gotten any clarification from the water quality board or from the other regulation regulatory agencies if they would allow block by block remediation or have we have we confirmed what their usual procedures are for 948 01:46:42,380 --> 01:46:44,660 areas to be remediated? 949 01:46:46,760 --> 01:46:49,120 We haven't had those specific discussions. 950 01:46:49,980 --> 01:46:54,600 I would anticipate it's something larger than block by block. 951 01:46:56,500 --> 01:46:57,940 Maybe it's district by district. 952 01:46:58,440 --> 01:46:59,620 We can have those conversations. 953 01:47:00,340 --> 01:47:04,100 But I think previously when we were talking about 954 01:47:04,100 --> 01:47:06,020 the individual block phasing, 955 01:47:06,300 --> 01:47:09,500 I had more to do with the vertical build out 956 01:47:09,500 --> 01:47:12,480 and the timing of amenities, things like parks and such. 957 01:47:12,480 --> 01:47:16,800 That wasn't meant to imply that individual blocks would be remediated individually. 958 01:47:18,000 --> 01:47:25,300 They're the sites, it's larger than that in terms of what needs to be remediated before any construction can begin. 959 01:47:25,840 --> 01:47:27,060 Thank you. 960 01:47:27,720 --> 01:47:32,100 I would just follow up on what Councilmember O'Connell brought up. 961 01:47:32,100 --> 01:47:41,860 So has staff made that notation about the construction permits west of Caltering to be changed 962 01:47:41,860 --> 01:47:45,400 in the specific plant since you're saying that's not accurate? 963 01:47:47,800 --> 01:47:52,980 This specific plant has that in it, so the staff report is what's inaccurate. 964 01:47:56,800 --> 01:47:57,060 Okay. 965 01:47:57,520 --> 01:47:58,780 It's opposite what I was thinking. 966 01:47:59,260 --> 01:47:59,280 All right. 967 01:47:59,520 --> 01:48:00,480 Thank you. 968 01:48:00,480 --> 01:48:05,680 All right. We have a couple slips on this, and then I'm going to suggest we take a break 969 01:48:05,680 --> 01:48:10,680 after the public has a chance to ask questions. First one is Michelle Salmon, please. 970 01:48:13,330 --> 01:48:18,470 Great. I can see this thing I forgot to say last time. When we were discussing about what happened 971 01:48:18,470 --> 01:48:27,830 at the Google Building and that type of thing, concentrations of gases and other things will change 972 01:48:27,830 --> 01:48:35,270 over time and when Michelle said initially it was fine and then it wasn't. That is often 973 01:48:35,270 --> 01:48:42,930 the case and even the act of building over a site will cause a build-up of gas because it 974 01:48:42,930 --> 01:48:48,670 can no longer just release where it's not accountable or monitored because it'll become concentrated. 975 01:48:49,610 --> 01:48:55,610 So that's a cautionary tale and I just still feel that that's an area of vulnerability for us 976 01:48:55,610 --> 01:48:59,510 With this site, I think that with seed level rise, 977 01:48:59,930 --> 01:49:03,290 my push some of the stuff back up that we think 978 01:49:03,290 --> 01:49:06,930 is already passed through, that actually hasn't passed through yet. 979 01:49:07,430 --> 01:49:11,910 So I am still very concerned about the remediation 980 01:49:11,910 --> 01:49:15,050 and the type of thing that happened at the Google building. 981 01:49:15,670 --> 01:49:18,390 I read different stories about that. 982 01:49:18,670 --> 01:49:20,390 And I actually mentioned it in my comments 983 01:49:20,390 --> 01:49:21,790 when I reviewed the draft EIR. 984 01:49:23,130 --> 01:49:26,050 And I still don't feel happy about what we're doing. 985 01:49:26,490 --> 01:49:29,510 And we have the same problem out on any landfill, 986 01:49:29,790 --> 01:49:30,830 but this one in particular, 987 01:49:31,310 --> 01:49:32,990 especially with the slage lock 988 01:49:32,990 --> 01:49:34,790 and all of the different chemicals 989 01:49:35,310 --> 01:49:37,730 that haven't been investigated yet, 990 01:49:37,890 --> 01:49:39,750 like Lizari, fuel area, et cetera. 991 01:49:40,570 --> 01:49:42,670 So I think there's a lot more that lies beneath 992 01:49:42,670 --> 01:49:43,930 that we haven't seen yet. 993 01:49:44,330 --> 01:49:44,810 Thank you. 994 01:49:46,270 --> 01:49:46,850 Paul Boscale. 995 01:49:51,190 --> 01:49:51,310 Sorry? 996 01:49:52,630 --> 01:49:53,350 Oh, okay. 997 01:49:54,270 --> 01:49:55,690 Rob and lighter? 998 01:50:05,030 --> 01:50:11,150 So some of you know my other favorite topic and Council Member O'Connell brought it up, 999 01:50:11,370 --> 01:50:18,550 which is I had a city manager who used to say never let the development get ahead of 1000 01:50:18,550 --> 01:50:24,110 the infrastructure and so you're always looking that you can see the whole picture and 1001 01:50:24,110 --> 01:50:32,130 that you don't end up with a development that either doesn't have an infrastructure or that 1002 01:50:32,130 --> 01:50:35,290 the next one won't fit in. 1003 01:50:35,730 --> 01:50:38,090 So my answer is the sort of two-fold. 1004 01:50:38,150 --> 01:50:41,950 One is a real requirement to have a single tentative map. 1005 01:50:42,610 --> 01:50:46,410 And what that means, it's a map that actually then puts everything in it. 1006 01:50:46,490 --> 01:50:50,850 The utilities, the drainage, the grading, everything on one map. 1007 01:50:51,010 --> 01:50:54,970 So you can be sure that the east and west sides work together. 1008 01:50:55,630 --> 01:51:01,010 Your specific plan allows the developer the choice of whether he wants to do one tentative map 1009 01:51:01,010 --> 01:51:11,630 or two tentative maps, and it concerns because really the tentative map is the only way that you can really make sure that this development is going to work in conjunction with each other. 1010 01:51:12,570 --> 01:51:21,130 And the other thing I would say is that the R-depth, which somebody said, what did it stand for, remedial design and implementation plan. 1011 01:51:21,130 --> 01:51:30,510 So, these are the actual workings of how they're going to remediate OS-2 and OS-S-S-M and the Lamb-Fel. 1012 01:51:30,950 --> 01:51:37,210 And if you notice they've only done the two, but JJ says they're going to remediate all these sites, 1013 01:51:37,250 --> 01:51:43,150 and they should really be required to get the R-Dip for the Lamb-Fel as well. 1014 01:51:43,150 --> 01:51:50,250 As I said to you before those sustainability zone is in the landfill, so they can't be in 1015 01:51:50,250 --> 01:51:54,870 to work on the landfill if they don't get in our debt from the agencies. 1016 01:51:56,090 --> 01:52:00,230 So we really need to make sure that we're looking at the whole thing, not that it will 1017 01:52:00,230 --> 01:52:05,910 be built all together, but at least in your first documents, you'll get to see the whole thing. 1018 01:52:06,230 --> 01:52:11,310 A single tenant of map will do that, and three are debts from the agency so that you can 1019 01:52:11,310 --> 01:52:17,430 be sure that all those plans worked together, I think is critical to do right off the 1020 01:52:17,430 --> 01:52:17,850 bat. 1021 01:52:18,490 --> 01:52:20,250 Thank you. 1022 01:52:36,030 --> 01:52:48,710 I had a letter from, that was written to the BDI by the Water Board in March. In March, they stated a concurrence 1023 01:52:48,710 --> 01:52:54,270 on the draft room, medial design implementation plan for all you two, that they had questions. 1024 01:52:55,190 --> 01:52:59,410 So, those questions have been on the table, for instance, March. 1025 01:53:00,450 --> 01:53:02,930 Sure, I just looked at them. Thank you. 1026 01:53:06,420 --> 01:53:08,440 Okay, so there's no comments on it. 1027 01:53:09,140 --> 01:53:16,880 All right, we're going to take a 15 minute break and when we come back, we are going to start 1028 01:53:16,880 --> 01:53:17,480 water. 1029 01:53:18,520 --> 01:53:19,080 Thank you. 1030 02:12:25,020 --> 02:12:34,840 On to water infrastructure, we will start with a staff report and then I understand applicant also has a staff report on water, et cetera. 1031 02:12:35,540 --> 02:12:38,720 Okay, so we'll start with our staff report, please. 1032 02:12:39,720 --> 02:12:41,740 Thank you Madam Mayor and members of the council. 1033 02:12:42,580 --> 02:12:49,020 The evening we are now ready to talk about the water topic, which I know a lot of people have been very interested in. 1034 02:12:49,020 --> 02:12:58,100 And with us this evening, it's our team from ESA and I'd like to introduce Todd Gordon, who will be making this slide presentation here. 1035 02:12:58,540 --> 02:13:02,060 And then the full team is available for questions as well. 1036 02:13:02,620 --> 02:13:07,220 And then as mentioned, BDI, the applicant will also have a presentation following. 1037 02:13:09,530 --> 02:13:10,930 With further ado, it's Todd. 1038 02:13:12,350 --> 02:13:13,770 Good evening, everybody. 1039 02:13:15,650 --> 02:13:19,830 Before discussing the water supply findings, I'd like to briefly explain these. 1040 02:13:19,830 --> 02:13:31,150 Could you speak up just short of sorry before discussing the water supply findings I'd like to briefly explain the scope of this presentation and the sources of information used in the EIR 1041 02:13:31,150 --> 02:13:49,810 The analysis is based on the development program proposed by the applicant for his being development incorporated and the supporting technical studies prepared for the project 1042 02:13:49,810 --> 02:13:57,370 supply reliability, under normal and dry your conditions, that WSA was reviewed and approved 1043 02:13:57,370 --> 02:13:58,530 by cow water. 1044 02:14:00,130 --> 02:14:05,270 BKF engineers prepared the infrastructure report which addresses the proposed water, waste 1045 02:14:05,270 --> 02:14:10,850 water, and recycled water infrastructure, including conceptual infrastructure planning and 1046 02:14:10,850 --> 02:14:11,310 phasing. 1047 02:14:12,170 --> 02:14:19,270 ESA incorporated the relevant information from those documents into the EIR and to evaluate 1048 02:14:19,270 --> 02:14:25,230 the potential environmental impacts associated with water supply. Today's presentation focuses 1049 02:14:25,230 --> 02:14:31,390 on explaining that EIR's water supply analysis and conclusions, representatives of the applicant 1050 02:14:31,390 --> 02:14:38,550 and the technical teams are also available to respond to more questions that come up tonight 1051 02:14:38,550 --> 02:14:43,390 and their respective analysis, assumptions and proposed infrastructure. 1052 02:14:43,390 --> 02:14:43,730 Sure. 1053 02:14:48,080 --> 02:14:48,740 Oh, sorry. 1054 02:14:49,420 --> 02:14:55,820 Intel, if you could advance to slide number four, are you ready to work number four? 1055 02:14:59,700 --> 02:14:59,980 Yeah, we can. 1056 02:15:00,000 --> 02:15:24,960 Go to the, yeah, that one's good. Thank you. I'll walk through the water supply components of the proposed bail-in-specific plan, including projected water demands, water supply availability, and reliability, the proposed water recycling facility, and infrastructure and approvals needed to serve the development. I'll also discuss how the proposed water supply approach addresses measure JJ. 1057 02:15:25,860 --> 02:15:30,740 The City of Brisbane's existing water supply is not sufficient to serve the proposed 1058 02:15:30,740 --> 02:15:36,000 bail-ins development in addition to its other planned demands. Under the proposed 1059 02:15:36,000 --> 02:15:41,120 arrangement, cow water would become the water provider for the bail-ins, baby, and Sierra 1060 02:15:41,120 --> 02:15:46,880 Point areas through an expansion of its south San Francisco district service area. 1061 02:15:47,740 --> 02:15:54,000 Potable water would primarily come from the SFPUC regional water system, while a proposed water 1062 02:15:54,000 --> 02:16:00,440 recycling facility within the baylands would supply recycled water for non-potable uses, 1063 02:16:00,980 --> 02:16:06,820 reducing the project's demand for potable water. This arrangement would also make the water 1064 02:16:06,820 --> 02:16:12,820 currently supplied by Brisbane to see a point available for other feature uses within the city. 1065 02:16:15,900 --> 02:16:16,560 Next slide, please. 1066 02:16:19,920 --> 02:16:25,320 At full buildout, the baylands is projected to require approximately 1,611 1067 02:16:25,320 --> 02:16:32,540 an acre-feet of water annually of this approximately 71% of the demand would be met through 1068 02:16:32,540 --> 02:16:38,220 potable water supplies with the remaining 29% supplied by recycled water. 1069 02:16:39,220 --> 02:16:43,860 The use of recycled water would reduce the amount of potable water required to serve the 1070 02:16:43,860 --> 02:16:50,240 development. The WSA incorporates these projected demands into its evaluation of water supply 1071 02:16:50,240 --> 02:16:53,940 availability and reliability through 2045. 1072 02:16:55,660 --> 02:16:56,060 Next slide. 1073 02:17:00,150 --> 02:17:13,690 The water supply assessment evaluates the availability of water supplies to serve the baylands and other projected development through 2045, including under normal year, single dry year and multiple dry year conditions. 1074 02:17:14,770 --> 02:17:21,450 Under normal year conditions, the assessment concludes that sufficient water supplies would be available to meet projected demands. 1075 02:17:21,450 --> 02:17:28,870 Under drought conditions, the WSA identifies potential supply shortfalls across cow waters 1076 02:17:28,870 --> 02:17:34,470 peninsula districts. Importantly, these potential shortages could occur with or without 1077 02:17:34,470 --> 02:17:40,110 the bail-ins development and reflect broader regional water supply reliability challenges. 1078 02:17:42,360 --> 02:17:48,120 During water shortages, cow water would implement its water shortage contingency plan, which 1079 02:17:48,120 --> 02:17:52,880 establishes demand reduction measures and other actions to address shortages. 1080 02:17:53,960 --> 02:17:58,860 These measures would apply to Bayland's customers in the same manner as existing customers. 1081 02:18:00,420 --> 02:18:06,020 Additionally, cowwaters development offset program would require the project to offset its additional 1082 02:18:06,020 --> 02:18:14,160 putable water demand through payment of applicable fees. Based on the WSA and supporting analysis, 1083 02:18:14,160 --> 02:18:19,220 The final EIR concludes the impact utility one would be less than significant. 1084 02:18:21,120 --> 02:18:21,600 Next slide. 1085 02:18:24,660 --> 02:18:29,360 The specific plan also includes the construction of a water recycling facility with the 1086 02:18:29,360 --> 02:18:32,840 treatment capacity of approximately 1 million gallons per day. 1087 02:18:33,920 --> 02:18:38,260 The facility would be located within the baylands and would be owned and operated by cow 1088 02:18:38,260 --> 02:18:38,720 water. 1089 02:18:39,980 --> 02:18:45,780 The WRF would provide recycled water for non-potable uses, reducing the projects the man 1090 02:18:45,780 --> 02:18:46,920 for potable water. 1091 02:18:47,740 --> 02:18:53,880 At full buildout approximately 0.5T million gallons a day of recycled water would serve 1092 02:18:53,880 --> 02:19:00,060 bail-ins uses, including landscape irrigation, industrial cooling, and non-residential 1093 02:19:00,060 --> 02:19:00,860 toilet flushing. 1094 02:19:01,940 --> 02:19:06,760 The facility is also planned to provide recycled water to customers and South San Francisco 1095 02:19:06,760 --> 02:19:12,960 with up to approximately 0.43 million gallons a day available for delivery outside the 1096 02:19:12,960 --> 02:19:13,520 bail-ins. 1097 02:19:13,520 --> 02:19:21,300 The specific plan calls for the water recycling facility to be constructed concurrently with phase 1 development. 1098 02:19:22,240 --> 02:19:30,380 However, the water supply assessment conservatively assumes that the facility would not begin providing recycled water until phase 2. 1099 02:19:31,080 --> 02:19:38,500 Disapproach accounts for the possibility that recycled water production may not be available during the earliest stages of development. 1100 02:19:39,260 --> 02:19:45,040 Overall, the WRF is an important component of the project's water supply strategy, reducing 1101 02:19:45,040 --> 02:19:50,360 potable water demand within the baylands, while also providing a potential recycled water 1102 02:19:50,360 --> 02:19:52,000 supply for South San Francisco. 1103 02:19:53,520 --> 02:19:54,020 Next slide. 1104 02:19:56,690 --> 02:20:01,550 This slide illustrates the water supply review and approval process, beginning with the initial 1105 02:20:01,550 --> 02:20:05,810 application and continuing through subsequent development approvals. 1106 02:20:05,810 --> 02:20:14,770 The first step is the water supply assessment which was completed in January 2025, in accordance with Senate Bill 610. 1107 02:20:15,970 --> 02:20:28,930 The WSA evaluates projected water demands and the availability of water supplies under normal year, single dry year, and multiple dry year conditions through 245. 1108 02:20:29,710 --> 02:20:33,710 It also identifies and its structure needed to serve the proposed development. 1109 02:20:34,890 --> 02:20:40,750 The second step is the best specific plan in EIR review, which is where we are today. 1110 02:20:41,510 --> 02:20:48,370 The final EIR incorporates the WSA and evaluates water supply availability, reliability, 1111 02:20:49,010 --> 02:20:50,750 and potential environmental impacts. 1112 02:20:51,530 --> 02:20:57,570 However, certification of the EIR and approval of the specific plan would not by themselves 1113 02:20:57,570 --> 02:21:00,450 establish a binding water service agreement. 1114 02:21:01,630 --> 02:21:06,890 The third step occurs during the tentative maps approval process, 1115 02:21:07,490 --> 02:21:12,630 Senate Bill 221 requires written verification of sufficient water supplies 1116 02:21:12,630 --> 02:21:15,510 for qualifying residential subdivisions, 1117 02:21:16,030 --> 02:21:19,390 which is generally those involving more than 500 dwelling units. 1118 02:21:20,930 --> 02:21:22,990 For tentative maps that meet this threshold, 1119 02:21:23,550 --> 02:21:27,710 the city must make the required water supply findings before approving the map. 1120 02:21:27,710 --> 02:21:35,810 This provides an additional opportunity to confirm that adequate water supplies would be available as development moves forward. 1121 02:21:37,330 --> 02:21:46,610 The final stage addresses the water service requirements that must be satisfied as a project proceeds towards site development and building permits. 1122 02:21:48,110 --> 02:21:55,490 Under Measure J.J., a reliable water supply approved by the city must be secured before site development. 1123 02:21:55,490 --> 02:22:01,530 But this requirement is separate from the environmental review process and must be satisfied 1124 02:22:01,530 --> 02:22:03,930 before site development can proceed. 1125 02:22:05,150 --> 02:22:12,170 Under Measure J.J., a reliable, oh sorry, the Brisbane Municipal Code also establishes 1126 02:22:12,170 --> 02:22:15,310 a water service requirements associated with building permits. 1127 02:22:16,610 --> 02:22:21,330 Cal Water has already issued a will serve letter indicating it's intent to provide water 1128 02:22:21,330 --> 02:22:22,550 service to the project. 1129 02:22:22,550 --> 02:22:29,970 However, binding water-service agreements and additional regulatory approvals would still be necessary, including a 1130 02:22:30,000 --> 02:22:48,460 Revolves associated with cow water service area expansion. Overall, this timeline demonstrates that water supply is evaluated during the environmental review process with additional verification agreements and approvals required as a project proceeds towards development. 1131 02:22:49,420 --> 02:22:50,700 Next slide. 1132 02:22:53,890 --> 02:22:58,510 The proposed development would require new potable and recycled water infrastructure to serve 1133 02:22:58,510 --> 02:22:59,350 the baylands. 1134 02:23:00,330 --> 02:23:04,850 Potable water would be delivered through new transmission and distribution pipelines connected 1135 02:23:04,850 --> 02:23:09,030 to the existing SFPC regional water system. 1136 02:23:10,270 --> 02:23:16,330 The proposed infrastructure also includes approximately 3.16 million gallons of potable water 1137 02:23:16,330 --> 02:23:23,090 storage capacity, along with pumping facilities and associated equipment to maintain adequate 1138 02:23:23,090 --> 02:23:25,190 water pressure and fire protection. 1139 02:23:26,510 --> 02:23:31,190 A separate recycled water distribution system would deliver water from the proposed water 1140 02:23:31,190 --> 02:23:35,730 recycling facility to non-potable uses throughout the development. 1141 02:23:36,790 --> 02:23:41,090 Infrastructure would be constructed in phases to correspond with the timing and location 1142 02:23:41,090 --> 02:23:47,430 development. This approach would allow water facilities to be installed as needed while ensuring 1143 02:23:47,430 --> 02:23:52,790 adequate service capacity is available before individual development phases proceed. 1144 02:23:54,170 --> 02:23:58,830 Consisting with Measure JJ, the developer would be responsible for funding and constructing 1145 02:23:58,830 --> 02:24:04,010 the water infrastructure necessary to serve the project. Next slide. 1146 02:24:07,310 --> 02:24:08,750 The water supply assessment 1147 02:24:08,750 --> 02:24:13,650 It concludes that sufficient supplies would be available to meet protected demands through 1148 02:24:13,650 --> 02:24:16,210 2045 under normal year conditions. 1149 02:24:17,330 --> 02:24:20,850 Although potential shortages are identified during drought conditions, 1150 02:24:21,530 --> 02:24:26,330 cow waters water shortage contingency plan provides a framework for managing those shortages. 1151 02:24:27,530 --> 02:24:32,030 The proposed water recycling facility would also reduce potable water demand 1152 02:24:32,030 --> 02:24:37,190 and provide recycled water to the balans and South San Francisco customers. 1153 02:24:38,490 --> 02:24:44,390 Based on the WSA and supporting analysis, the final EIR concludes that the water supply 1154 02:24:44,390 --> 02:24:46,210 impacts will be less than significant. 1155 02:24:47,790 --> 02:24:51,250 Importantly, the requirements on Measure JJA remain in place. 1156 02:24:51,890 --> 02:24:56,670 A reliable water supply approved by the city must be secured before site development 1157 02:24:56,670 --> 02:24:57,650 can proceed. 1158 02:24:59,030 --> 02:25:04,890 The necessary agreements and regulatory approvals would therefore need to be completed as 1159 02:25:04,890 --> 02:25:10,830 project used for implementation. Overall, the water supply analysis supports the proposed 1160 02:25:10,830 --> 02:25:15,850 specific plan, while Measure JJ provides an additional requirement to ensure that reliable 1161 02:25:15,850 --> 02:25:18,310 water supplies are secured before development. 1162 02:25:21,300 --> 02:25:22,220 That's all I have. 1163 02:25:24,740 --> 02:25:25,860 Okay, if we have an African 1164 02:25:25,860 --> 02:25:27,680 presentation as well. 1165 02:25:35,730 --> 02:25:39,310 Good evening Mayor, City Council members. I'm Katie Lok Sunday with the 1166 02:25:39,310 --> 02:25:44,450 Baylands team. I'll just give it a minute for our slides to get queued up 1167 02:25:57,090 --> 02:25:58,170 while we're bringing those 1168 02:25:58,170 --> 02:26:04,090 can go ahead and talk a little bit about reliable water supplies. So water infrastructure in the 1169 02:26:04,090 --> 02:26:08,750 Bayland specific plan, as you just heard from staff was designed around compliance with measure 1170 02:26:08,750 --> 02:26:14,130 J.J. That includes conservation efforts that are consistent with the sustainability framework, 1171 02:26:14,710 --> 02:26:19,890 as well as a reliable water supply and protection from future flooding and sea level rise. 1172 02:26:20,050 --> 02:26:21,370 If we go to the next slide, please, 1173 02:26:24,630 --> 02:26:28,190 thank you. We'd like to start our presentation today 1174 02:26:28,190 --> 02:26:34,150 by talking about the water supply for the balans. Again, you just heard some of this, but 1175 02:26:34,150 --> 02:26:38,930 I will reiterate the project has a comprehensive water supply assessment that has been evaluated 1176 02:26:38,930 --> 02:26:44,810 and approved by a California water service or cow water, who is identified as the water provider 1177 02:26:44,810 --> 02:26:58,170 for the balans. The project has that water supply assessment, which also anticipates that the 1178 02:26:58,170 --> 02:27:07,250 But this additional potable water demand will be offset through investments in water supply and conservation, as well as the new water recycling facility, which was just mentioned. 1179 02:27:08,270 --> 02:27:19,530 The water recycling facility will reduce potable water consumption and the facility will still provide recycled water to other consumers in the region, contributing to a more resilient regional water system. 1180 02:27:19,530 --> 02:27:21,370 if we go to the next slide please. 1181 02:27:25,040 --> 02:27:28,040 So water recycling is of course a critical strategy for reducing 1182 02:27:28,040 --> 02:27:32,740 potable water demand. These facilities work by taking wastewater and treating it with a series 1183 02:27:32,740 --> 02:27:38,800 of processes to filter and disinfect the water before distributing it to non-potable uses. 1184 02:27:39,560 --> 02:27:44,680 The treated water from the facility would be used for outdoor irrigation and designated indoor 1185 02:27:44,680 --> 02:27:51,180 purple pipe uses such as toilet flushing in commercial buildings. And as you can see on the slide, 1186 02:27:51,180 --> 02:27:56,340 purple pipe is used to designate reclaimed water and separate it from potable water. 1187 02:27:58,220 --> 02:27:58,520 Next slide. 1188 02:28:00,810 --> 02:28:03,570 Every section of the specific plan has been designed 1189 02:28:03,570 --> 02:28:08,690 as an integrated system in compliance with the principles of the sustainability framework for 1190 02:28:08,690 --> 02:28:15,450 the valence. Chapter 4 of the specific plan outlines the development standards that will ensure 1191 02:28:15,450 --> 02:28:21,390 the project uses water efficiently and addresses impacts related to flooding, wetlands and storm 1192 02:28:21,390 --> 02:28:26,050 water. You can see these development standards on the slide, but they range from building 1193 02:28:26,050 --> 02:28:32,030 level standards to reduce water consumption to project-wide systems like the installation 1194 02:28:32,030 --> 02:28:36,110 of a network of green infrastructure for storm water management. 1195 02:28:39,350 --> 02:28:39,730 Next slide. 1196 02:28:42,650 --> 02:28:46,890 The balens is of course part of a larger watershed that carries runoff from surrounding 1197 02:28:46,890 --> 02:28:51,590 hillsides through the property and ultimately to San Francisco Bay. The specific plan 1198 02:28:51,590 --> 02:28:56,750 proposes substantial improvements to the existing drainage system, including increasing the 1199 02:28:56,750 --> 02:29:01,350 capacity of key channels and culverts and the construction of new green infrastructure 1200 02:29:01,350 --> 02:29:07,570 and stormwater detention. Some of the green infrastructure includes bioswales, rain gardens, 1201 02:29:07,970 --> 02:29:12,530 wetlands, and landscapes drainage areas which will capture and filter stormwater. 1202 02:29:13,370 --> 02:29:19,970 A key feature of this management strategy is the stormwater detention area. This area provides critical 1203 02:29:19,970 --> 02:29:26,250 storage for stormwater runoff while also incorporating ecological strategies to improve water quality. 1204 02:29:27,290 --> 02:29:32,550 The detention basin is also a critical connection for stormwater to flow through visitation 1205 02:29:32,550 --> 02:29:38,650 creek and into San Francisco Bay. And this is also one of the reasons we are opposed to setting 1206 02:29:38,650 --> 02:29:44,550 aside 45 acres of available area for a future high-speed rail light maintenance facility. 1207 02:29:44,550 --> 02:29:54,450 Not only is that planned in consistent with measure JJ, but setting aside those 45 acres would mean cutting the stormwater detention area nearly in half. 1208 02:29:55,050 --> 02:29:59,970 As you can see on this slide, the BDI proposed specific plan included a 13.8. 1209 02:30:00,000 --> 02:30:10,080 Acre, detention area, but these staff proposed specific plan only includes a 7.2 acre detention area, and that is to accommodate the LMS area. 1210 02:30:10,860 --> 02:30:18,240 So we ask that the council consider allowing the larger detention area to remain so we can ensure storm water is properly managed at the baylands. 1211 02:30:20,370 --> 02:30:30,690 These comprehensive storm water management strategies, along with the projects for liable water supply, ambitious conservation commitments and flood protection measures establish a clear path 1212 02:30:30,690 --> 02:30:36,050 Free Water Smart Project that complies with Measure JJ and the Sustainability Framework. 1213 02:30:36,330 --> 02:30:36,950 Thank you. 1214 02:30:38,880 --> 02:30:39,100 Okay. 1215 02:30:39,620 --> 02:30:40,820 Thank you very much. 1216 02:30:43,040 --> 02:30:44,920 We go on to Council Questions. 1217 02:30:45,900 --> 02:30:48,060 Let us start with Council Member O'Connell. 1218 02:30:50,180 --> 02:30:51,280 Thank you. 1219 02:30:55,770 --> 02:30:56,450 So, 1220 02:30:58,480 --> 02:31:02,780 in Measure JJ, we ask that there's a reliable water supply. 1221 02:31:02,780 --> 02:31:17,320 And this is saying that we've got less than 20 years reliable water supply for this plan with Cal Water, just to 2045, so 19 years from today. 1222 02:31:18,840 --> 02:31:31,880 And I'm curious as to if that's long enough to have a reliable water supply when they're not even sure they'll be building the 1223 02:31:31,880 --> 02:31:41,180 the water recycling facility for 20 years so wouldn't their guarantee be gone from 1224 02:31:41,180 --> 02:31:47,060 the water supply even before they build the recycling facility 1225 02:31:50,520 --> 02:31:51,480 potentially. 1226 02:31:54,540 --> 02:32:03,620 So at least speak to the part of the 20 years which is, it's an aspect of state law so 1227 02:32:03,620 --> 02:32:10,640 state law water code section 10910910 requires the water supply assessment to buy the water supply 1228 02:32:10,640 --> 02:32:18,300 over that 20 year time horizon. So that's why the 2045 number is stated and that's really 1229 02:32:18,760 --> 02:32:25,220 entirely the reason. There are probably others here who can speak beyond that but that is why 1230 02:32:25,220 --> 02:32:27,220 that 20 year horizon is provided. 1231 02:32:29,490 --> 02:32:30,690 Thank you. 1232 02:32:33,610 --> 02:32:36,090 Okay Mayor Procham Davis, 1233 02:32:49,820 --> 02:32:50,520 the proposed 1234 02:32:50,520 --> 02:32:57,040 arrangement transfers the Baylands, BD and Sierra Point from the city's water service areas 1235 02:32:57,040 --> 02:33:03,660 to cow water with the intention of freeing up existing city water supply for other areas of 1236 02:33:03,660 --> 02:33:11,920 Brisbane from Sierra Point. What is there anything that guarantees that the water currently 1237 02:33:11,920 --> 02:33:17,140 allocated to Sierra Point will become available to support the city, the city's other general 1238 02:33:17,140 --> 02:33:24,600 is there anything that does that just happen? Or does there need to be something in writing? 1239 02:33:26,020 --> 02:33:34,940 I'm happy to answer that. So essentially you have your supply guarantee, the maximum amount 1240 02:33:34,940 --> 02:33:44,160 under agreement with Moscow that we would be able to have. That's what that is. So essentially, 1241 02:33:44,740 --> 02:33:51,680 If we transfer this, if this is what happens with this process, we're for Sierra Point 1242 02:33:51,680 --> 02:33:52,540 these other areas, 1243 02:33:54,580 --> 02:33:56,680 we would not be transferring our guarantees. 1244 02:33:57,520 --> 02:34:02,120 It would just be that service area would be taken over by another entity that has the 1245 02:34:02,120 --> 02:34:06,380 possible water necessary to serve it. 1246 02:34:06,940 --> 02:34:12,180 So essentially, that stays with the city, with our utility district, it does not get 1247 02:34:12,180 --> 02:34:22,360 transitions part of this boundary area. So then would you be able to accommodate additional 1248 02:34:22,360 --> 02:34:29,440 growth essentially to the extent of how Sierra Point, how much Sierra Point currently is 1249 02:34:29,440 --> 02:34:36,480 is right now? Yes, technically that would be available for any number of use. Yeah, that water 1250 02:34:36,480 --> 02:34:42,160 allocation would be available to the city to decide how they want to utilize it. I would 1251 02:34:42,160 --> 02:34:49,020 just point that I don't know if the reason for the zero point transfer is to open up additional 1252 02:34:49,020 --> 02:34:54,940 guarantees. Certainly that is a product of that transition, but I don't know if that was 1253 02:34:54,940 --> 02:35:02,960 the driving factor behind that change. Do you have any sense of like what percentage overall 1254 02:35:02,960 --> 02:35:06,760 zero point is within the city's water alignment? 1255 02:35:15,910 --> 02:35:19,150 It doesn't have to be perfect. I know it was 1256 02:35:19,150 --> 02:35:22,270 one second I think I was I pulled some of this off. 1257 02:35:32,360 --> 02:35:34,980 I don't have the number right now, but I can 1258 02:35:34,980 --> 02:35:38,220 provide that. Okay. It's just more out of curiosity. 1259 02:35:40,380 --> 02:35:45,300 I can't remember Lens. Yeah. If I could just 1260 02:35:45,300 --> 02:35:55,480 just add a quick ask to council member Davis's questions if we can get fiscal analysis of what 1261 02:35:57,500 --> 02:36:05,200 impacts that would be on the city's water service and the last thing, you know, if we 1262 02:36:05,200 --> 02:36:10,460 remove Sierra Point, the last thing we want to do is raise water rates for everybody else, 1263 02:36:10,700 --> 02:36:17,020 if that was out of our customer around. So if we can get that fiscal analysis, that would 1264 02:36:17,020 --> 02:36:25,460 be great. And so in regards to the non-binding letter of understanding, so when did this 1265 02:36:25,460 --> 02:36:29,080 and the other parties signed that letter. 1266 02:36:39,460 --> 02:36:40,180 Well, they're pulling that up. 1267 02:36:40,360 --> 02:36:42,500 I do want to just make a reference. 1268 02:36:42,700 --> 02:36:47,600 I did find my answer about 9.9% of our overall 1269 02:36:47,600 --> 02:36:50,120 supply guarantee is associated with CR point. 1270 02:36:50,220 --> 02:36:51,380 I was going to guess 10. 1271 02:36:59,860 --> 02:37:02,900 Was the question about the will serve letter or 1272 02:37:02,900 --> 02:37:03,860 a different agreement? 1273 02:37:03,860 --> 02:37:07,120 It is that, you know, there's the parties that 1274 02:37:07,120 --> 02:37:09,140 they all signed a non-binding letter, 1275 02:37:09,140 --> 02:37:15,260 understanding. So when was that? And also if that letter is still current. 1276 02:37:22,490 --> 02:37:23,710 You looking at the EIR? 1277 02:37:24,210 --> 02:37:26,850 I'm just, yeah, I mean it's in the staff report. 1278 02:37:30,000 --> 02:37:36,960 See, background, right, it's in the under background, second paragraph, last sentence, Kalwar, 1279 02:37:37,180 --> 02:37:43,020 city, the city, Bayshore, sanitary district and valence development, east, assigned a non-binding 1280 02:37:43,020 --> 02:37:46,880 letter of understanding, establishing a framework for this arrangement. 1281 02:37:56,280 --> 02:38:02,580 Yeah, and I see that's one of the reference documents in the EIR. Let me pull up the date for you. 1282 02:38:02,660 --> 02:38:04,040 Okay. It was 2024. 1283 02:38:04,040 --> 02:38:10,500 or 2024. Okay, is there a do date on that? Is it still current or did it expire? 1284 02:38:12,610 --> 02:38:12,730 I don't 1285 02:38:12,730 --> 02:38:18,010 know that we have the letter right here. Let me have to go back to the reference file for 1286 02:38:18,010 --> 02:38:23,150 that. So give us one second to figure that out. Okay, any of the parties that are in the room 1287 02:38:23,150 --> 02:38:29,370 can they answer that question? It's the current letter is still current. No, I posit you are taxing 1288 02:38:29,370 --> 02:38:36,830 our memories here. But we did so I made the I believe it was March of 2024 and as far as I know 1289 02:38:36,830 --> 02:38:41,970 and but we'll double check. I believe it's still active. All right. All right. Thank you. 1290 02:38:43,570 --> 02:38:44,670 Council member Kern. 1291 02:38:46,680 --> 02:38:52,300 Thank you Madam Mayor. So a question from the staff report which is page seven 1292 02:38:52,300 --> 02:38:58,420 out of ten or nine out of one eighty nine not sure which we're going by. Your table is beautiful on this page 1293 02:38:58,420 --> 02:39:03,900 I appreciate that. My question is, well, first of all, let me say, the city treats the first 1294 02:39:03,900 --> 02:39:08,360 building permit as site development under JJ and it says we have to have a water agreement 1295 02:39:08,360 --> 02:39:15,020 by that point in time. I'm just curious, what happens if we're in the middle of colliding 1296 02:39:15,020 --> 02:39:21,940 grading infrastructure development and I'm curious what our legal remedies would be if at that 1297 02:39:21,940 --> 02:39:28,680 time Cal Water did not execute an agreement, and they are the ones who did not execute. 1298 02:39:29,280 --> 02:39:30,680 What would we do in that situation? 1299 02:39:32,340 --> 02:39:37,140 Hopefully, we wouldn't wait for the very last day, but I could get what it would actually 1300 02:39:37,140 --> 02:39:43,660 be called to the applicant to secure alternative water rights in order to continue with 1301 02:39:43,660 --> 02:39:44,260 the development. 1302 02:39:45,280 --> 02:39:48,660 So, they can speak to some of their contingency plans as well. 1303 02:39:56,220 --> 02:40:06,340 Again, council members, as I mentioned earlier, we do have existing SFPUC retail water and that 1304 02:40:06,340 --> 02:40:13,620 has been defined as enough water to get us through remediation and construction phase. 1305 02:40:15,440 --> 02:40:21,280 So we wouldn't necessarily be going belly up, but we also wouldn't, we wouldn't move forward 1306 02:40:21,280 --> 02:40:23,820 until we had a reliable water supply. 1307 02:40:25,860 --> 02:40:30,300 So yeah, it's an excellent question. 1308 02:40:30,580 --> 02:40:33,700 But I think the realities of how these, 1309 02:40:34,040 --> 02:40:36,180 once you're actually in the field 1310 02:40:36,180 --> 02:40:38,360 and your under construction, you need to make sure 1311 02:40:38,360 --> 02:40:40,060 that you've got those will serve letters 1312 02:40:40,060 --> 02:40:42,080 and you have your water supply set up. 1313 02:40:42,160 --> 02:40:44,100 But in terms of your question, which 1314 02:40:44,100 --> 02:40:45,960 is what happens if you're in the middle of remediation, 1315 02:40:46,020 --> 02:40:48,480 we do have water for remediation and construction 1316 02:40:48,480 --> 02:41:01,960 are existing water, and then we will likely have our green with cow water hammered out 1317 02:41:01,960 --> 02:41:05,160 weight before our first building permit. 1318 02:41:05,900 --> 02:41:06,160 Hopefully. 1319 02:41:06,340 --> 02:41:07,900 Thank you. 1320 02:41:08,080 --> 02:41:08,600 Okay. 1321 02:41:08,880 --> 02:41:10,500 Thank you. 1322 02:41:11,320 --> 02:41:14,380 A question maybe for moths and I don't know if we have an answer. 1323 02:41:14,380 --> 02:41:22,200 So if we remove customers from Sierra Point, and it's mentioned that potentially there might 1324 02:41:22,200 --> 02:41:30,080 be enough water to service other areas in the city, do we risk having our Bosca allocation 1325 02:41:30,080 --> 02:41:30,980 reduced? 1326 02:41:33,720 --> 02:41:39,760 Not under current situations, there's many jurisdictions that have unused supply guarantees 1327 02:41:39,760 --> 02:41:43,740 that have been sitting in their portfolios for numbers of years. 1328 02:41:43,740 --> 02:41:49,720 and there's been no precedence with that being removed, but this is a little different situation 1329 02:41:49,720 --> 02:41:56,040 because those water rights have been there for years. This would be us making a dramatic change, 1330 02:41:56,440 --> 02:42:07,400 a reduction of at least 9-10%. I can double check, but my understanding is that it would not impact 1331 02:42:07,400 --> 02:42:08,680 are supply guarantee? 1332 02:42:09,460 --> 02:42:13,380 And is that something you ask them or is that an assumption that you're making? 1333 02:42:14,300 --> 02:42:20,880 That is, that is why we're seeing the, this by guarantees and how those function 1334 02:42:20,880 --> 02:42:27,140 within Bosca rights, but I can certainly check with our representative and confirm with 1335 02:42:27,140 --> 02:42:28,100 the Executive Director. 1336 02:42:29,220 --> 02:42:29,240 Okay. 1337 02:42:29,240 --> 02:42:29,720 Thank you. 1338 02:42:29,900 --> 02:42:31,840 I'd appreciate follow-up on that. 1339 02:42:33,380 --> 02:42:35,960 Another round of questions, starting with Council Member Lens. 1340 02:42:35,960 --> 02:42:48,260 All right, so let's see. Okay, the water supply assessment, you had mentioned the consultant 1341 02:42:48,260 --> 02:42:55,160 that created that. Do you mind repeating who the consultant was? It was actually it was 1342 02:42:55,160 --> 02:43:03,000 the EKI prepared it for cold water for cold water. Okay, so it wasn't the developer had hired 1343 02:43:03,000 --> 02:43:03,800 It was okay. 1344 02:43:03,900 --> 02:43:04,280 Cal matter. 1345 02:43:04,800 --> 02:43:05,260 That's correct. 1346 02:43:05,300 --> 02:43:10,760 The water agency under the under water launched the agency's responsibility to prepare the 1347 02:43:10,760 --> 02:43:13,020 plan and they hired EKI to do that. 1348 02:43:13,040 --> 02:43:13,380 Okay. 1349 02:43:13,540 --> 02:43:15,980 And then the city peer reviewed the plan. 1350 02:43:16,720 --> 02:43:22,400 The ESA that our environmental consultant did review it in connection with the preparation 1351 02:43:22,400 --> 02:43:25,160 of the utilities and water analysis and the EIR. 1352 02:43:25,300 --> 02:43:25,720 That's correct. 1353 02:43:25,900 --> 02:43:26,380 Okay. 1354 02:43:26,560 --> 02:43:31,980 So in the document it talks about the water supply assessment assumes the water recycling 1355 02:43:31,980 --> 02:43:41,100 facility will not operate until phase two, and that contradicts the specific plan. So if you 1356 02:43:41,100 --> 02:43:45,780 want to explain that and what are the potential ramifications for this position? 1357 02:43:46,460 --> 02:43:50,320 Sure, and I think Todd spoke a little bit about that during his presentation, so I don't 1358 02:43:50,320 --> 02:43:52,640 know if you want to start with the response there. 1359 02:43:53,040 --> 02:44:00,280 Yeah, I think that's basically a conservative approach, so the ability to serve the 1360 02:44:00,280 --> 02:44:07,300 is not contingent on the recycled water facility being operational at that time, so it's not 1361 02:44:07,300 --> 02:44:13,380 relying on the recycled water to be able to provide you know, put a little water to the development. 1362 02:44:18,820 --> 02:44:25,220 We'll come back, you know, further questions and regards to the type of facility. All right, thank you. 1363 02:44:25,400 --> 02:44:26,240 Your program, Davis? 1364 02:44:31,000 --> 02:44:34,980 So the finding that the billions will not create a net increase in water demand 1365 02:44:34,980 --> 02:44:41,160 relies on cow water's development offset program. What demand reduction measures are expected 1366 02:44:41,160 --> 02:44:47,220 to result from the offset payments beyond a water recycling facility or is there anything? 1367 02:44:53,640 --> 02:44:59,960 Yes, I'd actually like to introduce our project lead from cow water, Scott Wagner, who 1368 02:45:00,000 --> 02:45:07,500 Um, can tell you and talk to you a little bit more about the development offset fee and how that is actually amazing and and used. 1369 02:45:08,440 --> 02:45:09,920 Scott, please. 1370 02:45:14,940 --> 02:45:15,480 Good evening. 1371 02:45:15,880 --> 02:45:20,640 Good evening, Scott Wagner and the Director of Water Resources for California Water Service. 1372 02:45:20,640 --> 02:45:26,080 Scott Water was directly involved in the water supply assessment in looking at the Bayland specific plan. 1373 02:45:27,280 --> 02:45:33,800 The intent, as was discussed, was the first established that there would be enough portable 1374 02:45:33,800 --> 02:45:37,600 water that cow water could provide for the development. 1375 02:45:38,100 --> 02:45:43,280 And so we took a very conservative approach to say, can we meet the portable concerns? 1376 02:45:43,980 --> 02:45:49,960 And then we will look at the recycled water component to be able to reduce portable demands 1377 02:45:49,960 --> 02:45:51,580 when it comes online. 1378 02:45:51,580 --> 02:45:58,860 We are primarily served by the SIPUC in terms of the water that we receive similar to Brisbane. 1379 02:45:59,440 --> 02:46:09,640 And the intent is that the individual supply guarantee that cow water has would be able to cover the additional demands of the Bayland specific plan. 1380 02:46:10,100 --> 02:46:18,040 We recognize that the SIPUC has a water availability and impacts potentially in a drought. 1381 02:46:18,040 --> 02:46:22,840 and so we have established through the California Public Utilities Commission, 1382 02:46:23,440 --> 02:46:32,180 a development offset fee, which is designed to create and generate funding to create additional 1383 02:46:32,180 --> 02:46:38,560 supply sources for the region. And that is the intent of that. So the intent for this 1384 02:46:38,560 --> 02:46:46,140 development is the recycled water to continue to help and reduce portable demands. We also have 1385 02:46:46,140 --> 02:46:53,300 conservation programs that would be instituted and utilized to continue to help affect 1386 02:46:53,300 --> 02:46:55,300 demands into the future. 1387 02:46:56,660 --> 02:46:56,720 Okay. 1388 02:46:59,940 --> 02:47:00,320 All right. 1389 02:47:00,460 --> 02:47:02,160 Do we move on to Council Member O'Connell? 1390 02:47:04,880 --> 02:47:12,340 Do we know what the effect of changing water service suppliers would be on the tenants and users 1391 02:47:12,340 --> 02:47:21,300 out at zero point, being a concerned user of water at zero point and having quite large bills 1392 02:47:21,300 --> 02:47:29,020 for a very small facility. I would like to know what the intended consequences of changing 1393 02:47:29,020 --> 02:47:32,480 to Cal Water Reprivate Supplier would be. 1394 02:47:38,170 --> 02:47:44,690 Certainly, there would be a change in cost. Cal Water 1395 02:47:44,690 --> 02:47:50,670 as their own rates and fees and we have ours based on our costs and overhead, so there would 1396 02:47:50,670 --> 02:47:53,090 be a change, a little bit of a change there. 1397 02:47:54,670 --> 02:47:59,270 Operationally, it's some minimal changes, there's a pressure difference between our two different 1398 02:47:59,270 --> 02:48:05,570 systems, but again, those are relatively minor things to work out. 1399 02:48:07,210 --> 02:48:09,650 I don't know if anybody else has anything else to share. 1400 02:48:11,090 --> 02:48:19,910 as a follow-up isn't it quite usual that private water suppliers can have rates that are 1401 02:48:19,910 --> 02:48:26,890 much different than municipal water suppliers because they need to pay investors. 1402 02:48:29,880 --> 02:48:35,780 It's possible. I have looked closely at the rates to see what the difference is at 1403 02:48:35,780 --> 02:48:45,160 point. But they certainly can marry. Thank you. Council member Kern. Thank you, Madam Mayor. 1404 02:48:47,580 --> 02:48:54,920 Kevin back to the staff report page 710 or page 9 of 189 in the fantastic table that you have here. 1405 02:48:55,200 --> 02:49:00,940 The table is does say steps required not a timeline, but I am curious moving between step three, 1406 02:49:00,940 --> 02:49:06,740 which is F-E-I-R certification and specific plan adoption to the other agency approvals. 1407 02:49:06,880 --> 02:49:10,060 Do you have a rough idea of what that timeline is? 1408 02:49:13,890 --> 02:49:14,370 Yes. 1409 02:49:14,750 --> 02:49:15,470 No one's holding you. 1410 02:49:15,470 --> 02:49:16,450 I'll do it. 1411 02:49:29,310 --> 02:49:35,250 So it'd be part of the Lafco process and probably nine months to a year somewhere 1412 02:49:35,250 --> 02:49:36,210 around there. 1413 02:49:36,450 --> 02:49:42,110 That's just a testament, but if others have other, I'm seeing heads kind of going like this. 1414 02:49:42,970 --> 02:49:43,250 Okay. 1415 02:49:43,570 --> 02:49:44,290 Thank you so much. 1416 02:49:44,290 --> 02:49:50,140 I'm going to piggyback on the question about cost. 1417 02:49:52,660 --> 02:50:02,300 Are there any state or regulatory agencies since water is a life safety health issue that 1418 02:50:02,300 --> 02:50:06,980 actually put a limitation on cost to customers, 1419 02:50:09,340 --> 02:50:12,420 such as maybe a percentage over your operating 1420 02:50:12,420 --> 02:50:13,460 costs? 1421 02:50:16,220 --> 02:50:17,020 Do we know? 1422 02:50:17,260 --> 02:50:18,380 Could we find out? 1423 02:50:21,350 --> 02:50:27,290 We can look into that, I'm not aware of anything off top of my head, but I don't know if anybody else has. 1424 02:50:28,030 --> 02:50:34,650 I mean, the rates are based off of, I mean, there's a study done, the rates are based off of established costs, overhead, 1425 02:50:36,230 --> 02:50:45,590 treatment, all those different categories. So it's a public, publicly, you know, it's a public document, as far as establishing those costs, I believe they're reviewed, you know, 1426 02:50:45,590 --> 02:50:52,850 I don't know if I want to want to speak on their rate process, but they're publicly available 1427 02:50:52,850 --> 02:50:56,390 and that process has to be quantified to make sense. 1428 02:50:56,530 --> 02:51:00,430 And then do those rates have to be approved by the CPUC? 1429 02:51:01,030 --> 02:51:01,410 They do. 1430 02:51:01,730 --> 02:51:09,210 And do you know that perhaps, sir, if you could tell us, are there any particular state guidelines 1431 02:51:09,210 --> 02:51:12,610 you must follow in terms of rates with caps? 1432 02:51:12,610 --> 02:51:16,750 In that dealing with a private entity, you're there to make money. 1433 02:51:16,850 --> 02:51:19,430 What if you decide the corporation needs more money? 1434 02:51:19,530 --> 02:51:21,350 Because Cal Water is very big. 1435 02:51:22,990 --> 02:51:24,330 It's a very good question. 1436 02:51:25,530 --> 02:51:33,090 The California Public Utilities Commission is the one responsible to review all of the water rates that are recommended by Cal Water. 1437 02:51:33,310 --> 02:51:37,670 It is a very formal and specific three year process. 1438 02:51:37,750 --> 02:51:42,590 Every three years, there is a general rate case that is submitted to the California Public Utilities Commission. 1439 02:51:42,590 --> 02:51:51,630 utilities commission recommending any changes in rates to all customer classes and any potential 1440 02:51:52,350 --> 02:52:00,810 rate variations that there may be. There is a approximately one-to-two-year process where the 1441 02:52:00,810 --> 02:52:07,670 public utilities commission through California advocates reviews the request for additional 1442 02:52:07,670 --> 02:52:14,710 capital, the changes to expenses, the new rates, there is then a discussion back and forth 1443 02:52:14,710 --> 02:52:19,710 before the commission establishes the new rates on a three-year basis. 1444 02:52:20,830 --> 02:52:21,270 Thank you. 1445 02:52:21,350 --> 02:52:22,310 That's very helpful. 1446 02:52:23,770 --> 02:52:24,110 All right. 1447 02:52:24,370 --> 02:52:28,510 Moving along in questions, let us start with Council Member Kern. 1448 02:52:30,500 --> 02:52:31,880 Thank you, Madam Mayor. 1449 02:52:34,360 --> 02:53:00,100 Covered in the Baylands specific plan regarding water is about the, there's some information there about the mechanics of the piping, regarding land settlement. I'm just wondering, do we have any sort of performance bonds or warranties, and if we do how long are they and what kind of coverage is it based upon settlement alone that the pipes would be damaged? 1450 02:53:08,910 --> 02:53:17,210 We certainly, we certainly, for capital construction, we would have certain guarantees in place. 1451 02:53:17,810 --> 02:53:26,030 I think that would be something that we could look at in a closely developed agreement to see what the appropriate limits are and the protections are. 1452 02:53:26,030 --> 02:53:35,670 This obviously is a more nuanced area when you compare to other built-out locations. 1453 02:53:36,670 --> 02:53:38,670 Hence the question. Thanks, Madison. 1454 02:53:39,690 --> 02:53:40,870 Council member O'Connell. 1455 02:53:43,600 --> 02:53:54,300 Piggy backing on that. Once the water pipes and the water system is put in, and perhaps that is being serviced by cow water, 1456 02:53:54,300 --> 02:54:05,860 would cow water own the pipes and infrastructure also, and in that respect, also own the liability for any settlement or degradation of the system. 1457 02:54:06,820 --> 02:54:22,860 And if so initiating that new water system is going to be expensive, and I'm assuming in the rate structure, the cow water would put out to the PUC to get an approval of rates. 1458 02:54:22,860 --> 02:54:33,040 It's going to be the cost of building that infrastructure and putting it in and or acquiring it if it's built for them and 1459 02:54:33,040 --> 02:54:42,240 Also the water treatment facility, so wouldn't all that go into the PUC's determination if a rate was 1460 02:54:43,300 --> 02:54:49,940 Fair or not for those rate holders and so it could be because it's a new system and a new service 1461 02:54:49,940 --> 02:55:01,340 It could be quite expensive for anyone who's receiving water from that system and or existing tenants that may be forced onto that water system. 1462 02:55:02,100 --> 02:55:15,060 Is that a true depiction of how rates might be assessed for the bail-ins and for customers out on baby and zero point? 1463 02:55:18,110 --> 02:55:25,490 What I would say is that with respect to the cost of the initial infrastructure, the treatment, 1464 02:55:25,970 --> 02:55:32,290 the facility, the pipes, everything, that's a lot of that's still subject to negotiations. 1465 02:55:33,050 --> 02:55:38,710 I know that the developer in Cal Water need to come to an agreement on those terms, 1466 02:55:39,430 --> 02:55:43,150 and that's something that needs to be addressed at that best part of that. 1467 02:55:43,150 --> 02:55:47,150 whether you're going to see paths through costs for infrastructure improvements to 1468 02:55:47,850 --> 02:55:54,470 code, you know, to rate pairs. I don't believe so, but I'm not the best person to speak to that. 1469 02:55:58,870 --> 02:56:00,430 I'll wait till my next question. 1470 02:56:00,790 --> 02:56:01,390 So thank you. 1471 02:56:04,160 --> 02:56:04,180 Okay. 1472 02:56:04,320 --> 02:56:05,200 Council Member Lens. 1473 02:56:06,620 --> 02:56:06,920 Yes. 1474 02:56:10,170 --> 02:56:13,390 This is a question for either Stephanie or Scott. 1475 02:56:13,750 --> 02:56:14,710 Scott, right? 1476 02:56:15,150 --> 02:56:15,350 Okay. 1477 02:56:15,350 --> 02:56:23,450 So, we'll recycle water but use for all non-potable uses as allowed by California law. 1478 02:56:23,990 --> 02:56:32,330 So, I notice that we're not providing recycled water inside homes. 1479 02:56:32,730 --> 02:56:45,330 And so, I'm curious if, you know, are we maximizing the allowable non-potable water use? 1480 02:56:45,330 --> 02:56:48,350 in the bayonets and if not why. 1481 02:56:54,320 --> 02:57:02,060 Yeah, the current specific plan talks about recycled water for irrigation, cooling, and 1482 02:57:02,060 --> 02:57:03,840 flushing in commercial buildings. 1483 02:57:04,720 --> 02:57:11,100 At this point in time, the systems that we're contemplating, there are still health and 1484 02:57:11,100 --> 02:57:18,420 acceptability issues with pumping recycled water into homes on the system that we're contemplating 1485 02:57:18,420 --> 02:57:18,880 buying. 1486 02:57:18,880 --> 02:57:27,080 But yeah, we do think in terms of the irrigation and the amount of parks and open space and greenways that we're putting in, 1487 02:57:27,160 --> 02:57:32,940 we are, you know, that's a very significant part of the water use at the baylands. 1488 02:57:33,540 --> 02:57:42,580 So we do feel like we're maximizing it out without compromising or addressing human health issues by piping it into homes. 1489 02:57:43,300 --> 02:57:50,700 Okay, Scott, can you, because as far as I know, granted, I'm not an expert like you all are. 1490 02:57:51,940 --> 02:58:02,760 You can use potable water inside homes for flashing a toilet, other uses, and that's the law. 1491 02:58:03,480 --> 02:58:11,880 So, maybe that isn't what you envision, but my question is, are we maximizing what California law it allows? 1492 02:58:11,880 --> 02:58:13,860 and it sounds like perhaps we are not. 1493 02:58:15,100 --> 02:58:21,780 It's a more complicated question and we can bring you more information at the next hearing, 1494 02:58:22,280 --> 02:58:23,760 which we'll talk about water infrastructure. 1495 02:58:24,220 --> 02:58:28,700 We did look very carefully at this and you are correct, California law does allow recycled 1496 02:58:28,700 --> 02:58:35,740 water into residences, but it's a certain type of system that has to be heavily monitored 1497 02:58:36,720 --> 02:58:42,640 and super engineered and really 24-7 monitoring to do that and that is not the kind of water 1498 02:58:42,640 --> 02:58:47,300 recycling facility that we're designed. What you see mostly when you see programs like that 1499 02:58:47,300 --> 02:59:01,720 are municipal water suppliers or water agencies who have extremely large system 60 employees 24-7 engineers 1500 02:59:01,720 --> 02:59:08,920 or, you know, watching that kind of a system 24-hour basis, and monitoring the water all the 1501 02:59:08,920 --> 02:59:09,080 time. 1502 02:59:09,280 --> 02:59:13,100 And those are the kinds of things that you need to put in place in order to kind of safely 1503 02:59:13,100 --> 02:59:16,000 allow recycled water to be in a hole. 1504 02:59:17,200 --> 02:59:22,760 And we all know, even if it's just flushing, how much dogs and children love toilet water. 1505 02:59:23,380 --> 02:59:28,040 So it is really, you know, a serious, and we looked at it very carefully, and it is a very serious 1506 02:59:28,040 --> 02:59:28,560 question. 1507 02:59:28,560 --> 02:59:35,400 and appreciate, you know, the question of whether we're maximizing the recycling, but we looked very 1508 02:59:35,400 --> 02:59:42,320 hard at that question about whether it was the system that we're designing would be safe and 1509 02:59:43,680 --> 02:59:51,080 for an acceptable in a residential setting. That's the sensitivity. Thank you. It's got, if 1510 02:59:53,390 --> 02:59:59,970 you 1511 03:00:00,000 --> 03:00:06,560 For a cycle of water, or pretty high. And because they are so high, that's why California allows a 1512 03:00:06,560 --> 03:00:17,980 cycle of water to be installed in homes, purplifies it's all in homes. So I'm assuming that if California 1513 03:00:17,980 --> 03:00:25,420 it all allows it. It's not that dangerous. But you're you're an expert on that and if you 1514 03:00:25,420 --> 03:00:30,120 wait a minute, please. I just want to start by saying the water supply assessment was really 1515 03:00:30,120 --> 03:00:37,920 looking at the recycled water needs per the specific plan. Exactly. What I will say is you see 1516 03:00:37,920 --> 03:00:45,920 more of recycled water in toilets and other indoor usage in more commercial applications than 1517 03:00:45,920 --> 03:00:55,740 in homes. For one it is the monitoring and the reach of making sure that it is safe as was mentioned. 1518 03:00:56,020 --> 03:01:05,700 That is correct. For homes you really have to have the support structure of making sure that it is of the right quality that is not being used in the wrong way. 1519 03:01:06,240 --> 03:01:12,080 There are very specific requirements of monitoring it making sure there are not leaks. 1520 03:01:12,080 --> 03:01:24,540 So there is a whole other level of requirement for homes and you really see it still more in the commercial space than the indoor residential space. 1521 03:01:25,820 --> 03:01:26,780 Excuse me. 1522 03:01:27,820 --> 03:01:29,280 We need to extend the meeting. 1523 03:01:29,440 --> 03:01:33,400 I need a motion and a second please extend the meeting for an hour. 1524 03:01:33,560 --> 03:01:35,100 Send the second. 1525 03:01:37,160 --> 03:01:38,640 Oh, you're asking for a second. 1526 03:01:38,640 --> 03:01:39,660 I will second. 1527 03:01:40,320 --> 03:01:41,060 All in favor. 1528 03:01:41,100 --> 03:01:41,560 Hi. 1529 03:01:41,560 --> 03:01:42,860 I'm going to post? 1530 03:01:43,340 --> 03:01:44,200 Yeah. Okay. 1531 03:01:44,680 --> 03:01:46,360 So, I mean, I get that. 1532 03:01:46,900 --> 03:02:09,860 So, I'm just going to give direction then to staff that I would like for us to get further information in regards to applying the maximum California allowed use of recycled water in all areas of the development site. 1533 03:02:11,870 --> 03:02:13,950 Thank you very much. 1534 03:02:14,770 --> 03:02:17,450 Council member, who are we on? 1535 03:02:17,950 --> 03:02:19,110 Oh, they're pro-tomedabes. 1536 03:02:22,270 --> 03:02:24,410 So the water recycling facilities 1537 03:02:24,410 --> 03:02:26,890 intended to serve not only the bail-ins, 1538 03:02:27,010 --> 03:02:28,670 but also other cow water customers, 1539 03:02:29,290 --> 03:02:30,790 if I'm understanding correctly. 1540 03:02:31,550 --> 03:02:34,650 What portion of the facilities, capital, operating and maintenance costs 1541 03:02:34,650 --> 03:02:36,850 will be the responsibility of the bail-ins developer. 1542 03:02:37,390 --> 03:02:40,090 And what portion will be allocated to other users 1543 03:02:40,090 --> 03:02:43,670 who benefit from the facility, how will these costs 1544 03:02:43,670 --> 03:02:45,290 responsibilities be established? 1545 03:02:52,880 --> 03:02:54,100 I think it's a U question. 1546 03:03:00,720 --> 03:03:02,660 I think those arrangements are still being determined. 1547 03:03:03,500 --> 03:03:06,660 And we definitely would be able to answer that as that's 1548 03:03:06,660 --> 03:03:08,740 available, but it's definitely still being. 1549 03:03:08,860 --> 03:03:14,720 But would you say that, I mean, because there are other 1550 03:03:15,800 --> 03:03:18,800 rate pairs would be benefiting that not all the costs 1551 03:03:18,800 --> 03:03:20,480 would be born by the developer? 1552 03:03:21,640 --> 03:03:28,800 I think there's a discussion of the development of the treatment plant and then the extension 1553 03:03:28,800 --> 03:03:32,940 of the pipelines to be able to serve other customers and that's often where there can 1554 03:03:32,940 --> 03:03:36,200 be a distinguished distinguishing of the costs. 1555 03:03:37,040 --> 03:03:39,320 And when do you expect to work that out? 1556 03:03:41,160 --> 03:03:42,400 That is to be determined. 1557 03:03:42,720 --> 03:03:47,460 We do not have a timeline at this point, though we are actively working on it. 1558 03:03:47,660 --> 03:03:48,420 You're in discussions. 1559 03:03:48,960 --> 03:03:49,160 Correct. 1560 03:03:49,160 --> 03:03:53,630 Okay. All right. I have a question. 1561 03:03:56,790 --> 03:04:00,730 In our own city water, when we build, we also account 1562 03:04:00,730 --> 03:04:05,470 for maintenance to infrastructure. And if we remove all the customers that's here a point, 1563 03:04:05,690 --> 03:04:13,230 and those are water lines and sewer lines that we currently maintain, what happens to 1564 03:04:13,230 --> 03:04:18,010 the costs to maintain all of those points of infrastructure? 1565 03:04:21,100 --> 03:04:26,520 For the city system, we would look at our overall O&M, you know, our overall cost with 1566 03:04:26,520 --> 03:04:33,460 system in place, part of our upcoming utility rate study, we'll be to consider those 1567 03:04:33,460 --> 03:04:40,680 possibilities. I think the fiscal analysis will also look a little bit more detail about 1568 03:04:40,680 --> 03:04:49,880 what those impacts are going to be with respect to the utility changes as part of this 1569 03:04:49,880 --> 03:04:57,640 that city still being undertaken. So I guess what I'm also getting at here is would we be issuing 1570 03:04:59,800 --> 03:05:06,400 bills for sewer rates to see our point customers, even though they're receiving water from 1571 03:05:06,400 --> 03:05:12,880 someone else, would cow water be issuing their own bills, would the city be doing that? How does that work? 1572 03:05:13,300 --> 03:05:17,180 On the water side, it would be the utility operator cow water would be doing the billing, 1573 03:05:17,180 --> 03:05:22,460 on the sewer side, for the portions to your point, it would still be City of Brisbane. 1574 03:05:22,940 --> 03:05:27,060 Okay, and since the water lines are already there and belong to the City of Brisbane, 1575 03:05:27,300 --> 03:05:30,640 would they be putting in their own water lines or using our water lines? 1576 03:05:31,300 --> 03:05:34,820 That would be part of the negotiation for the transfer. 1577 03:05:35,280 --> 03:05:35,460 Okay. 1578 03:05:35,960 --> 03:05:39,920 They would be, the idea that we would not, if that was transfer, we would not retain ownership. 1579 03:05:40,680 --> 03:05:40,980 Okay. 1580 03:05:42,320 --> 03:05:43,840 All right, Council Member O'Connell. 1581 03:05:43,840 --> 03:05:44,640 Not 1582 03:05:51,840 --> 03:06:17,340 sure if this is a question or it gets into discussion, I still have concerns about what the water rates may be for our affected customers that have been part of the Brisbane water system and paying for their fees and what the implications of that of this transition may or may not be. 1583 03:06:17,340 --> 03:06:25,680 And since we don't have water agreement and I know there was an initial attempt at a water 1584 03:06:26,860 --> 03:06:33,440 contract that came to the subcommittee and has not been acted upon and has not been 1585 03:06:33,960 --> 03:06:40,300 approved. I think it's been sent back to the drawing board. But I just have some concerns about 1586 03:06:41,300 --> 03:06:50,260 those potential impacts of giving up city infrastructure and where the 1587 03:06:50,260 --> 03:06:55,340 cost burden would be on the city and I don't think those have been able to 1588 03:06:55,340 --> 03:07:01,160 be answered because but we may get some of that in the financial discussion to 1589 03:07:01,160 --> 03:07:08,300 come so keep that in mind that I'll be looking for those. Thank you. Council member 1590 03:07:10,690 --> 03:07:12,670 Thank you, Madam Mayor, this is my last question. 1591 03:07:13,450 --> 03:07:14,930 My question is around redundancy. 1592 03:07:15,730 --> 03:07:22,810 So if the water recycling facility is to go down either from a mechanical problem or contamination, 1593 03:07:23,090 --> 03:07:24,470 it doesn't matter what the problem is. 1594 03:07:24,470 --> 03:07:29,970 But if the water recycling facility is not able to produce water, we're going to have... 1595 03:07:30,000 --> 03:07:35,900 Probably use potable water. I'm guessing, but what does that come from? And what's the backup plan of something like that happens? 1596 03:07:43,490 --> 03:08:06,510 I can take an attempt at answering that one. So essentially, the potable supply would be associated in that scenario is my guess. If recycled water is not available, potable water should still be available, whether, you know, and again, this is not for a long time, long term, you know, the redundancy would be able to help out. 1597 03:08:06,510 --> 03:08:12,310 in the event of an issue, and while that issue is being worked out, before the recycled water comes back online. 1598 03:08:13,490 --> 03:08:18,690 If I don't know if Kelwater has anything else to add to that, but that's generally how you would operate in that scenario. 1599 03:08:23,940 --> 03:08:30,040 I can add to that to just confirm that the intent would be to keep water flowing in the recycled water pipeline, 1600 03:08:30,340 --> 03:08:34,820 and that would be using potable water until the recycled water was available again. 1601 03:08:35,200 --> 03:08:39,480 So that is part of the water calculation to make sure that that could be provided for. 1602 03:08:40,720 --> 03:08:42,800 Thank you. 1603 03:08:42,800 --> 03:08:43,880 May I approach him, Davis? 1604 03:08:47,580 --> 03:08:52,580 If the offset programs, requirements, or cost change before the bill ends, connects to the system, 1605 03:08:52,760 --> 03:09:01,860 am I correct to assume that B.I. is responsible for these increases to cover these increases? 1606 03:09:04,640 --> 03:09:05,460 I'm seeing nons. 1607 03:09:11,310 --> 03:09:14,150 Are you asking the question of staff for the water company? 1608 03:09:15,750 --> 03:09:16,990 Anyone who wants to answer? 1609 03:09:16,990 --> 03:09:24,430 I would assume the water company would be the most appropriate entity to answer, 1610 03:09:27,590 --> 03:09:27,730 but 1611 03:09:27,730 --> 03:09:34,850 that is the discussion and the negotiation would be on those costs and any changes in those costs. 1612 03:09:34,850 --> 03:09:35,950 Got it, right. 1613 03:09:36,590 --> 03:09:37,890 Part of the ongoing conversation. 1614 03:09:38,810 --> 03:09:40,010 Got it. 1615 03:09:40,090 --> 03:09:41,710 That's the last of my questions. 1616 03:09:42,330 --> 03:09:45,770 The rest that I had were already covered by other council members, so. 1617 03:09:45,770 --> 03:09:47,510 Comments member lens. 1618 03:09:48,530 --> 03:09:48,790 All right. 1619 03:09:51,740 --> 03:09:58,440 Okay, just confirming that we've established that actually, you know what, if I can just get confirmation. 1620 03:09:59,040 --> 03:10:01,400 You know, there's a lot of talk about 1621 03:10:01,400 --> 03:10:04,020 In regards to desk control and construction. 1622 03:10:04,860 --> 03:10:08,640 You know, using Brisbane's water, using SAP C water. 1623 03:10:09,000 --> 03:10:12,800 Obviously, the water that Brisbane gets is SAP UC. 1624 03:10:13,280 --> 03:10:13,440 Right? 1625 03:10:13,440 --> 03:10:17,540 So let's just get that sorted out. 1626 03:10:18,820 --> 03:10:25,320 So the water that will be used for dust control and construction is that coming from the 1627 03:10:25,320 --> 03:10:30,600 Brisbane supply chain or is that coming directly from San Francisco? 1628 03:10:32,140 --> 03:10:34,300 Can one of you answer that question, please? 1629 03:10:37,000 --> 03:10:43,200 Yes, and I apologize for the confusion, but it is a confusing historical and set of facts 1630 03:10:43,200 --> 03:10:50,520 water and water supply out at the bailouts. The water we will be using again, we have our own 1631 03:10:52,600 --> 03:10:59,660 SFPUC water. Is it Brisbane water? Or is it no? If it's coming from SFPUC. Yes, well, your water comes 1632 03:10:59,660 --> 03:11:05,040 from SFPUC too. And in fact, most of the peninsula will come from SFPUC. So it's the Sanchez code thing. 1633 03:11:05,360 --> 03:11:10,060 Then it's coming directly from San Francisco. But our pipes are in Brisbane. I know, but 1634 03:11:10,060 --> 03:11:13,900 And our water bills come to our Brisbane address from SFPUC. 1635 03:11:14,440 --> 03:11:22,280 So we are in your service area, but the bail-ins has been relying on historic water. 1636 03:11:22,380 --> 03:11:30,380 And in fact, our deed goes back to 1890 and it was a water deal with the Crystal Springs 1637 03:11:30,380 --> 03:11:36,780 Water Company before SFPUC ever actually existed and before the Cindy of Brisbane existed. 1638 03:11:36,780 --> 03:12:06,520 So our water is the, you know, the oldest thing out there, right now, and it is our water legally and historically our water, so yeah, that's the water and we currently use it now, for businesses on the landfill, and so does Gold and State Lumber, so just transdab all of the tunnel road are on, in Brisbane, on SFPUC water, in the Brisbane water service area, but it's historic, what, 1639 03:12:06,520 --> 03:12:20,760 SFPUC calls retail water. Okay, so your water is separate. Okay, well, that's that's the bucket of water. You've got a 1MGD contract with SFPUC city of Brisbane 1640 03:12:20,760 --> 03:12:28,500 That's a separate pot of water from what we're using on the bail-ins. Okay, so that was my question from us 1641 03:12:29,000 --> 03:12:32,040 Can you confirm that none of Brisbane's 1642 03:12:32,040 --> 03:12:39,780 things, a lot from SAPUC that we currently have, will be used for contraption or does control 1643 03:12:39,780 --> 03:12:41,300 out in the bay lines. 1644 03:12:42,900 --> 03:12:47,860 I have, after double check, and see what the specific plan called out for it, but based 1645 03:12:47,860 --> 03:12:55,020 on the comment tonight, as of water is available on site, and they've been utilizing it, 1646 03:12:55,400 --> 03:13:00,000 and I don't see any reason why we would have to provide our supplies part of that construction. 1647 03:13:00,000 --> 03:13:06,240 Yeah, I don't see why we would either, but if we can just confirm, you know, or if you have that confirmation. 1648 03:13:06,380 --> 03:13:20,940 Well, I think I think that everything that we talked about is intended to be consistent in the specific plan, but there's obviously enough confusion about it that I would treat this as one of the... 1649 03:13:20,940 --> 03:13:27,640 at it within the plan, so that the question is answered definitively, the tracks along the 1650 03:13:27,640 --> 03:13:29,560 wing that we've had the conversation so far tonight. 1651 03:13:30,040 --> 03:13:33,360 Great, thank you very much for including that in this specific plan. 1652 03:13:33,980 --> 03:13:42,780 Okay, so gentlemen from Cal Water, please put your fingers in your ears while I ask this next question. 1653 03:13:47,020 --> 03:13:54,720 Since the baylands is getting water from the S.F.P.U.C. directly, why do you need 1654 03:13:54,720 --> 03:13:59,980 cow water? Why don't you just get potable water from San Francisco? Why are we 1655 03:13:59,980 --> 03:14:01,240 going through this exercise? 1656 03:14:03,850 --> 03:14:06,310 If you have historic water rights that go back to 1657 03:14:06,310 --> 03:14:11,530 Crystal Springs, you're talking about the Holgus water fountain, 1911. 1658 03:14:11,530 --> 03:14:23,390 18 years ago. So why? Why need a commercial supplier versus a municipal supplier? 1659 03:14:25,370 --> 03:14:31,150 We don't have enough water to to for the full buildout of the the bailouts. 1660 03:14:31,330 --> 03:14:38,210 We have enough water to do construction and remediation. So it's based on your existing water use right now for the retail because we are a retail customer. 1661 03:14:38,210 --> 03:14:44,430 There's not enough water for the full build out of the bailouts, so they've given you an allocation. 1662 03:14:45,530 --> 03:14:50,030 Well, it's not exactly an allocation, it's... 1663 03:14:50,030 --> 03:14:57,210 We use SFPUC water and so you kind of establish an existing water use. 1664 03:14:57,750 --> 03:14:59,970 And that existing water use is not a... 1665 03:15:00,000 --> 03:15:10,180 Off to obviously cover the full bail-ins full build out. We have had discussions with SFPUC just about extending 1666 03:15:10,180 --> 03:15:16,840 and expanding that retail program. 1667 03:15:19,140 --> 03:15:28,660 And it's a very complicated discussion. SFPUC is not expanding 1668 03:15:28,660 --> 03:15:32,820 any other retail customers right now. We, 1669 03:15:34,960 --> 03:15:41,460 however, in the EIR, we did study SFPUC expansion, 1670 03:15:41,540 --> 03:15:51,120 and it is an alternative that could be potentially relied upon if the cow water agreement 1671 03:15:51,120 --> 03:15:53,180 doesn't come to fruition. 1672 03:15:57,480 --> 03:16:03,780 SFPUC is, you know, under a lot of pressure to reduce their water uses, you know, to also supply 1673 03:16:03,780 --> 03:16:07,680 water to two large customers who don't have a guaranteed supply. 1674 03:16:07,780 --> 03:16:15,060 City of Brisbane has a 1 million gallon day guarantee of water from SFPUC. 1675 03:16:16,020 --> 03:16:24,980 There are two other large cities in the Bosque arrangement, Sunnyvale and San Jose that don't have a guarantee. 1676 03:16:26,420 --> 03:16:33,080 And so, those two cities are very concerned about anybody getting water before they get their guarantee set. 1677 03:16:34,080 --> 03:16:42,240 So, for a myriad of reasons and those were just kind of the big highlights of why SFUC is not looking to expand their water base. 1678 03:16:44,380 --> 03:16:49,500 that expanding our current retail was not an option. 1679 03:16:50,060 --> 03:16:55,520 SFPCC says they don't have the water and that's what's discussed in the EIR under the alternative. 1680 03:16:56,600 --> 03:17:01,880 But I think that that can always be re-looked at if it needs to be a plan B. 1681 03:17:02,480 --> 03:17:03,220 Okay, thank you. 1682 03:17:03,320 --> 03:17:07,920 But we like our friends at Cal Water and we've worked very well with them to get to this point 1683 03:17:07,920 --> 03:17:10,420 and work through the WSA and the EIR issues. 1684 03:17:10,560 --> 03:17:12,900 I'm working on the, you know, the agreements 1685 03:17:12,900 --> 03:17:14,380 and hashing it all out. 1686 03:17:14,720 --> 03:17:16,900 So we're pretty confident on our partnership 1687 03:17:16,900 --> 03:17:17,860 with CalWater. 1688 03:17:19,820 --> 03:17:20,800 Yeah, thank you. 1689 03:17:21,060 --> 03:17:23,700 Mayor Potem, Davis, did you say you have no further questions? 1690 03:17:24,080 --> 03:17:25,400 Okay, so we move on to... 1691 03:17:25,400 --> 03:17:28,000 Correct, but I would like to note that 1692 03:17:28,000 --> 03:17:30,760 and this meeting has been going on for over three hours. 1693 03:17:31,520 --> 03:17:33,880 And I do want to make sure we get to public comment 1694 03:17:33,880 --> 03:17:35,020 if possible tonight. 1695 03:17:35,260 --> 03:17:37,900 So I'd love it if maybe there are council members 1696 03:17:37,900 --> 03:17:43,520 with lots more questions that we would at least open up and let some of the public speak, 1697 03:17:44,020 --> 03:17:47,880 you know, so that we don't run out this whole meeting and no one from the public got any 1698 03:17:47,880 --> 03:17:49,840 got a chance to say anything on the water. 1699 03:17:50,240 --> 03:17:51,900 I only have a couple more questions. 1700 03:17:52,220 --> 03:17:53,220 How about councilmember? 1701 03:17:53,580 --> 03:17:54,980 I have a lot. 1702 03:17:55,820 --> 03:17:56,960 I only have a lot of water, too. 1703 03:17:58,280 --> 03:17:59,160 And councilmember Kirk? 1704 03:17:59,200 --> 03:18:04,000 I don't have any further questions, but I support Mayor Potem Davis's NID statement. 1705 03:18:05,060 --> 03:18:05,280 Okay. 1706 03:18:05,280 --> 03:18:10,340 So we want to park the council questions and move on to public comment. 1707 03:18:10,700 --> 03:18:11,220 Sure. 1708 03:18:12,000 --> 03:18:14,860 Sure, as long as we can come back to a couple of questions. 1709 03:18:15,120 --> 03:18:19,000 Well, if we don't get to the council questions today, they go to the next year. 1710 03:18:19,440 --> 03:18:19,660 Okay. 1711 03:18:21,940 --> 03:18:23,080 Nancy Loxamana. 1712 03:18:23,500 --> 03:18:24,520 Are you here? Yes. 1713 03:18:30,170 --> 03:18:30,630 Thank you. 1714 03:18:30,750 --> 03:18:32,630 Nancy Loxamana for his main resident. 1715 03:18:32,990 --> 03:18:35,370 I did notice on page 4 of 10, 1716 03:18:35,370 --> 03:18:54,050 It says about existing uses within the Bayland or Surve by the City of Brisbane, so that should be corrected, should the information that was supplied tonight is correct, so that we established that parts of the Bayland are covered by SFPUC. 1717 03:18:54,050 --> 03:19:04,770 I did also, though, find Senate Bill 610 on Google, and there were two interesting paragraphs 1718 03:19:04,770 --> 03:19:09,510 that I think are important to read, and I think it follows up with Stephanie, what 1719 03:19:09,510 --> 03:19:10,490 you were just saying. 1720 03:19:10,970 --> 03:19:16,230 But it says that Bill requires smaller public water systems to prepare water supply assessments 1721 03:19:16,230 --> 03:19:20,710 on projects that would increase their service connection by 10% or more. 1722 03:19:20,710 --> 03:19:29,250 It also says, if the city or county cannot identify a public water system to provide the 1723 03:19:29,250 --> 03:19:36,050 water supply assessment, SB 610 requires the State Department of Water Resources to prepare 1724 03:19:36,050 --> 03:19:37,230 the assessment. 1725 03:19:37,430 --> 03:19:41,950 The bill allows the State Controller to cover the department's cost. 1726 03:19:42,670 --> 03:19:48,690 So my view of that in that law, Senate Bill 610, which was quoted at the start of the 1727 03:19:48,690 --> 03:19:50,690 presentation, is that we really 1728 03:19:50,690 --> 03:19:57,750 need to look to the state for guidance and an assessment of how to solve this very, very critical 1729 03:19:57,750 --> 03:20:06,850 question. And I do believe that we should get state assemblymen back or involved. It's a series 1730 03:20:06,850 --> 03:20:12,350 of the utility company that doesn't want to do it. Well, maybe they do the portable part of the 1731 03:20:12,350 --> 03:20:19,990 equation. I mean, I love the cow water, you know, the recycled facility, et cetera. I understand 1732 03:20:19,990 --> 03:20:26,910 there need to kind of get it forward for South San Francisco, but I believe the potable 1733 03:20:26,910 --> 03:20:34,230 seems very high at 70% versus the 30% recycled water. It just seems very high even though 1734 03:20:34,230 --> 03:20:42,070 I'm very clear of the need to keep the residential up. And if I can just take one maybe 20 seconds 1735 03:20:42,070 --> 03:20:50,150 out of mayor on decorum in the meeting. Should we have unions coming in and really, you know, 1736 03:20:50,270 --> 03:20:54,070 pulling their heart out now for happy anniversary. It's eight years in November. 1737 03:20:54,870 --> 03:21:02,050 Maybe they can be spoke. They can speak early in the meeting. A lot of them travel far, a lot 1738 03:21:02,050 --> 03:21:09,870 are here. But we had three speak the third one. We sort of cut them off a little bit being very kind 1739 03:21:09,870 --> 03:21:16,910 year, but then the next speaker, a Brisbane resident, went on about aesthetics, the road, you 1740 03:21:16,910 --> 03:21:19,770 know, solar panels was not on topic. 1741 03:21:20,130 --> 03:21:24,850 So if we could please, maybe consider, at the start of the meeting, just having those 1742 03:21:24,850 --> 03:21:29,590 people who have come to speak on the general information, let them speak and let them go, 1743 03:21:29,630 --> 03:21:30,430 just an assessment. 1744 03:21:30,850 --> 03:21:33,510 And I respectfully just suggest that. 1745 03:21:33,710 --> 03:21:34,570 Thank you very much. 1746 03:21:34,770 --> 03:21:35,590 Thank you. 1747 03:21:35,970 --> 03:21:36,970 Michelle Salman. 1748 03:21:40,420 --> 03:21:46,720 I'll be quick. I have questions. First of all, I'm concerned of what constitutes a normal year 1749 03:21:46,720 --> 03:21:53,820 because I don't think we have normal years anymore. And I think we should define that 1750 03:21:53,820 --> 03:22:01,640 because a normal year is just going to change and we are seeing that very much so this year. 1751 03:22:01,640 --> 03:22:11,800 And then, one thing that came up, I was really concerned about is how would cow water be supplied to South San Francisco? 1752 03:22:12,560 --> 03:22:16,540 Does that mean we're going to build a pipeline to South San Francisco? 1753 03:22:17,460 --> 03:22:23,620 And where's the environmental impact for building a pipeline to South San Francisco to deliver that water? 1754 03:22:24,060 --> 03:22:26,660 I'm kind of concerned about the delivery systems. 1755 03:22:27,180 --> 03:22:29,940 Are we going to build a new pipeline going to see your point? 1756 03:22:30,110 --> 03:22:38,710 When we have, you know, a lot of subsidence issues there. So the logistics of that, I'm not quite seeing. 1757 03:22:39,890 --> 03:22:46,850 I also caught the 245 being less than 20 years on a 30 or 40 year build-out potential build-out. 1758 03:22:47,470 --> 03:22:49,450 And then this is kind of a hard question, 1759 03:22:52,070 --> 03:22:58,970 but so San Francisco PUC is applying the water for several businesses out there. 1760 03:22:58,970 --> 03:23:07,790 but who is taking care of the affluent like the waste material? Is it go through our social 1761 03:23:07,790 --> 03:23:13,230 system? Because the sewer charge and the maintenance charge is the largest part of my 1762 03:23:13,230 --> 03:23:18,330 bill at all. We don't use that much water, but I have you know, $350 water bill every 1763 03:23:18,330 --> 03:23:26,590 two months. So I'm curious about that. So, and with the recycling plant, where do the solids 1764 03:23:26,590 --> 03:23:27,150 Let's go. 1765 03:23:27,530 --> 03:23:32,150 What happens to the things that do not become recycled in that way? 1766 03:23:32,210 --> 03:23:32,850 Where do they go? 1767 03:23:32,970 --> 03:23:34,070 Where do they hang out? 1768 03:23:34,410 --> 03:23:38,610 Because, like, remember driving, you know, to Emoryville in the mornings, when I 1769 03:23:38,610 --> 03:23:43,890 worked for Chiple, and driving past the smell of the Oakland processing, it was really 1770 03:23:43,890 --> 03:23:44,430 dreadful. 1771 03:23:44,950 --> 03:23:48,230 So I have curiosity about that as well. 1772 03:23:48,670 --> 03:23:49,150 Thank you. 1773 03:23:49,790 --> 03:23:49,830 Okay. 1774 03:23:49,830 --> 03:23:56,050 Could we have a staff answer on whether a pipeline would be built to South San Francisco 1775 03:23:56,050 --> 03:23:59,810 to deliver non-potable water, please? 1776 03:24:10,840 --> 03:24:15,760 I mean, there would need to be conveyance mechanisms to get the recycled water down to other customers. 1777 03:24:16,680 --> 03:24:22,020 But my understanding is that that's not part of our specific plan process or city costs. 1778 03:24:25,800 --> 03:24:27,900 Okay, so that's not been worked out. 1779 03:24:28,120 --> 03:24:35,940 No, and I think that would require a project level EIR to take a closer look at the potentially impacts of that. 1780 03:24:35,940 --> 03:24:40,360 that it was not something that's part of the program at a key area or that's part of the specific plan. 1781 03:24:40,920 --> 03:24:44,760 And for maintenance of the pipe sending the affluent to San Francisco? 1782 03:24:45,420 --> 03:24:46,400 Can you pay for that? 1783 03:24:47,040 --> 03:24:50,780 That would be, so under the terms of the specific plan, 1784 03:24:50,920 --> 03:24:55,640 based on a sanitary district would be responsible for managing sewer waste. 1785 03:24:56,740 --> 03:25:02,880 And so essentially you would still have a connection to SFQC's wastewater system during what 1786 03:25:02,880 --> 03:25:08,640 other, you would still have flows that would go that direction and then whatever byproducts 1787 03:25:08,640 --> 03:25:14,000 aren't reused, could be a combination of sludge or solids that we need to be removed. 1788 03:25:14,840 --> 03:25:19,840 But again, that's something that the project level, yeah, or would get more into the details. 1789 03:25:20,660 --> 03:25:22,260 Okay, thank you. 1790 03:25:22,580 --> 03:25:23,300 Palm scale. 1791 03:25:32,820 --> 03:25:33,900 Thank you. 1792 03:25:35,320 --> 03:25:41,600 So a couple of things about the water back when we did the draft environmental impact report 1793 03:25:41,600 --> 03:25:49,420 that was the biggest use water. And one of the comments I made was about looking at it 1794 03:25:49,420 --> 03:25:59,740 regionally. And now the candlestick has been worked out. And obviously, Schleslach seems 1795 03:25:59,740 --> 03:26:09,120 to be the first to be worked out for BDI as far as development. And you've brought up the point 1796 03:26:09,120 --> 03:26:15,540 about the interchange from Geneva to 101 and they talked about that in a model station 1797 03:26:15,540 --> 03:26:18,800 and the four concepts that they had. 1798 03:26:20,220 --> 03:26:24,600 Well, San Francisco is also talking about bringing in the high pressure water system that 1799 03:26:24,600 --> 03:26:29,480 they have, which is non-potable, depends on what part of the city you're from, it's either salt 1800 03:26:29,480 --> 03:26:35,320 water or lake water, and also a potable system. 1801 03:26:36,240 --> 03:26:42,580 So, looking at the baylands to go in with cow water, 1802 03:26:44,600 --> 03:26:46,500 wizard would not see, I know they have 1803 03:26:46,500 --> 03:26:54,760 an inner tie with Brisbane, I'm based on Samanolab and you first here a point to where if 1804 03:26:54,760 --> 03:27:02,500 something went down they could feed and vice versa, I believe, wizard, inner tie, doubt 1805 03:27:02,500 --> 03:27:09,460 the variance portion I'd like to know, and then the other thing I'd like to know is 1806 03:27:09,460 --> 03:27:21,620 I'd buy up many times about a non-politable water tank and a separate fire hydrant system 1807 03:27:21,620 --> 03:27:29,060 and well, proper pipe, fire hydrant system and irrigation for the bayramates, because two 1808 03:27:29,060 --> 03:27:36,000 to the water required for the balance. I believe is for firefight protection and having 1809 03:27:36,000 --> 03:27:37,600 redundancy in those tanks. 1810 03:27:40,020 --> 03:27:42,940 So if I think about it and I haven't seen where the tanks are 1811 03:27:42,940 --> 03:27:49,620 going to be placed yet, that would be good to know. And all the first thing that we have to do 1812 03:27:49,620 --> 03:27:57,120 on our system, especially for the ridge, to keep the tri-how or methane from forming. If you see 1813 03:27:57,120 --> 03:28:05,460 water running down Guadalupe. That's all be deverted to a tank. So we're claimed water. 1814 03:28:06,340 --> 03:28:11,820 You know, at the more web or host company out there on industrial and antiquated system, 1815 03:28:12,060 --> 03:28:18,060 spring box, they were getting 50 gallons of water a minute. Can you imagine if you have 1816 03:28:18,060 --> 03:28:24,460 an engineer to bring box for the rep? Well, there's no contamination for the rep going towards 1817 03:28:24,460 --> 03:28:32,380 make sure main street wherever and how to solar pump and pump into that tank and how 1818 03:28:32,380 --> 03:28:39,100 to water that we're fishing down the drain that if it weren't to have a tap it would 1819 03:28:39,100 --> 03:28:45,960 be great but it really just flows to the bay how to go into tanks instead of just letting 1820 03:28:45,960 --> 03:28:51,360 go down the drain go to this tank so I'd like to know what the tank is I'd like to know if 1821 03:28:51,360 --> 03:28:59,960 You could do that, that connection that they have for MSFPUC on Main Street, because all 1822 03:28:59,960 --> 03:29:05,060 of the tank farm and supplies the tank farm with copious amounts of water. 1823 03:29:05,600 --> 03:29:13,600 I believe it's a 16-inch water main, the one we have on tunnel is a 12-inch water main, 1824 03:29:13,600 --> 03:29:19,760 but that comes off of the distribution end of septus goes PUC system so that hasn't 1825 03:29:19,760 --> 03:29:24,600 effect of the neighborhood, but the one that comes off the main street comes off the supply 1826 03:29:24,600 --> 03:29:31,000 land of the Christmas brings right by one and two, which is copious amounts of water. 1827 03:29:33,100 --> 03:29:39,900 So that very few people have, only municipal customers have that. 1828 03:29:40,360 --> 03:29:49,120 They haven't a municipal look up on the supply and the SFPUC system, so I guess that's it. 1829 03:29:49,120 --> 03:29:50,320 Thank you. 1830 03:29:51,100 --> 03:29:57,400 Stephanie, or team over there, do you have an answer to his question about where the line comes in? 1831 03:29:59,170 --> 03:29:59,970 And if you don't, that's a... 1832 03:30:00,000 --> 03:30:02,920 Okay, just if you do, we can, 1833 03:30:05,040 --> 03:30:08,400 we don't, but we can come back with a map at the next meeting with us. 1834 03:30:08,400 --> 03:30:09,880 Okay, that'd be great. Thank you. 1835 03:30:09,920 --> 03:30:14,740 Our engineers are not here tonight. Okay. Put it on the list. 1836 03:30:16,200 --> 03:30:17,760 Karen Cunningham, please. 1837 03:30:26,340 --> 03:30:30,060 Madam Mayor, City Council, most of my questions have been answered. 1838 03:30:30,740 --> 03:30:34,860 I just have a couple of things that I really want to bring up. 1839 03:30:34,860 --> 03:30:43,140 A clarification regarding the specific plan and when you approve it, what if some of these things 1840 03:30:43,140 --> 03:30:46,960 that we're talking about tonight relative to water change? 1841 03:30:48,000 --> 03:30:53,180 So once you've done the specific plan, my question there is, then what happens? 1842 03:30:53,640 --> 03:30:59,620 If something happens relative to the water supply, whatever it is, can we change the specific plan 1843 03:30:59,620 --> 03:31:00,640 after you approve it? 1844 03:31:01,660 --> 03:31:05,920 I think this probably quite a few people would be wanting to know that answer. 1845 03:31:07,520 --> 03:31:09,560 So I'm getting three nods. 1846 03:31:10,660 --> 03:31:13,720 Can staff extra address that? 1847 03:31:16,960 --> 03:31:17,100 Yes. 1848 03:31:18,520 --> 03:31:28,040 So it's definitely possible to amend the specific plan to account for future changes, future conditions. 1849 03:31:28,040 --> 03:31:36,120 And you have to the extent that future discretionary approvals entering into a water supply 1850 03:31:36,120 --> 03:31:43,640 agreement or other actions are different than what was contemplated in the EIR. 1851 03:31:43,860 --> 03:31:49,320 Our C-Coreb requires in analysis of whether those changes have triggered new or more severe 1852 03:31:49,320 --> 03:31:50,580 environmental impacts. 1853 03:31:50,740 --> 03:31:58,000 So not only do you have the opportunity to change the plan, but if those changes increase 1854 03:31:58,000 --> 03:32:03,200 the environmental effects, the SQL requires additional analysis of those changes as well. 1855 03:32:04,020 --> 03:32:05,220 Thank you. 1856 03:32:06,400 --> 03:32:10,160 And then I'm just going to play Devils Advocate for a minute because we've been done this 1857 03:32:10,160 --> 03:32:11,380 road before. 1858 03:32:12,040 --> 03:32:14,300 The developers responsible for all the water facilities. 1859 03:32:14,780 --> 03:32:19,120 So again, what's the contingency in the event that the developers financial 1860 03:32:19,120 --> 03:32:24,900 insolvency or other financial issues cause a problem? 1861 03:32:24,900 --> 03:32:32,280 what if the project is half built or abandoned, and we're halfway through a water supply 1862 03:32:33,020 --> 03:32:44,400 building whatever it is. That is of concern to me, and I'm sure that is of concern to other people as well, and I'll just use a couple of local illustrations to that point 1863 03:32:44,400 --> 03:32:49,700 I know Council in the last couple of years has changed some of the the rules relative to 1864 03:32:49,700 --> 03:32:55,760 to projects being built within the city residential projects, probably the commercial projects 1865 03:32:55,760 --> 03:32:59,000 as well, that the infrastructure gets done first. 1866 03:32:59,620 --> 03:33:06,340 But even with those changes to some of our local laws, we have two projects right now that 1867 03:33:06,340 --> 03:33:16,560 are ones and I saw that was abandoned a couple of years ago and I see a fairly big problem 1868 03:33:16,560 --> 03:33:26,300 at a project up on top of a cemetery lane relative to when grading is done, what infrastructure 1869 03:33:26,300 --> 03:33:34,140 is in place, et cetera. So given that even locally in our residential areas so we can still 1870 03:33:34,140 --> 03:33:40,620 have these problems with changing laws, it is a concern and I think a lot of people would 1871 03:33:40,620 --> 03:33:46,380 find it a concern that what if given that we know there has been some financial problems with 1872 03:33:46,380 --> 03:33:53,280 develop our up-to-date, what do we do if something goes south there? That's probably not a question 1873 03:33:53,280 --> 03:33:57,220 that you can answer off the top of your head, but it is my question. Thank you. 1874 03:33:57,380 --> 03:33:57,560 Okay. 1875 03:34:00,750 --> 03:34:07,230 Staff want to respond to that? Any assurances or mechanisms that could be employed? 1876 03:34:08,590 --> 03:34:10,870 And if you want to get back to us, that's okay too. 1877 03:34:10,870 --> 03:34:19,470 way to certainly the as individual tentative maps are approved in conjunction with the 1878 03:34:19,470 --> 03:34:23,910 infrastructure that serves those. The city would require public improvement agreements 1879 03:34:23,910 --> 03:34:31,970 and security to ensure that those are able to be completed and delivered. So, I 1880 03:34:31,970 --> 03:34:37,230 am theme with the comments that you've heard today to make sure that the infrastructure 1881 03:34:37,230 --> 03:34:43,410 that serving that individual bit of planned development is able to be completed and delivered 1882 03:34:43,410 --> 03:34:48,770 to support, you know, that specific development that's looking to move forward. 1883 03:34:49,230 --> 03:34:52,270 And when you say security, are you referencing a bond? 1884 03:34:52,590 --> 03:34:53,390 Yes, that's correct. 1885 03:34:55,480 --> 03:34:56,020 Chris Severs. 1886 03:35:02,090 --> 03:35:02,870 Hi, Chris Severs. 1887 03:35:03,910 --> 03:35:10,670 I want to ask about something that Michelle brought up and that is what this water treatment facility 1888 03:35:10,670 --> 03:35:19,390 or sewer treatment, plant is actually going to be like and whether it is going to be something 1889 03:35:19,390 --> 03:35:28,470 that has outdoor facilities that emit odors, looking at where it is situated in the EIR. 1890 03:35:28,810 --> 03:35:36,270 There's a perspective site, it's about a mile from Lippman School, it's a mile from houses on 1891 03:35:36,270 --> 03:35:42,870 bridge, and I just want to know how we're going to assure that it's not stinky. 1892 03:35:43,670 --> 03:35:47,790 I mean, Brisbane has a reputation for being a town that had a dump and was stinky. 1893 03:35:48,250 --> 03:35:49,830 I really don't think we want that again. 1894 03:35:50,210 --> 03:35:53,210 And I know I discussed this with Council Member Lens. 1895 03:35:53,730 --> 03:35:57,890 And he said, oh, there can be these wonderful new plants. 1896 03:35:58,270 --> 03:36:02,790 For example, what's down at Google, and there's no odor from it. 1897 03:36:02,790 --> 03:36:06,310 And that I think does 85,000 gallons a day. 1898 03:36:06,570 --> 03:36:08,230 We're talking about a million gallons a day. 1899 03:36:08,670 --> 03:36:11,270 That is fully enclosed and has air filters. 1900 03:36:11,590 --> 03:36:13,910 I don't think you're doing that for a million gallons a day. 1901 03:36:13,930 --> 03:36:14,490 It's open. 1902 03:36:14,910 --> 03:36:15,770 It is open. 1903 03:36:17,450 --> 03:36:20,110 So I just wanted to know, what kind of insurance is we're going to have? 1904 03:36:20,410 --> 03:36:25,910 They're going to get a state of the art plan that is not going to make this city once again, 1905 03:36:25,910 --> 03:36:27,990 you know, the city that's famous for its stink. 1906 03:36:28,870 --> 03:36:29,790 Thank you. 1907 03:36:29,950 --> 03:36:30,610 Thank you. 1908 03:36:33,120 --> 03:36:33,960 Robin Leider? 1909 03:36:41,830 --> 03:36:43,350 Well, thank you. 1910 03:36:43,950 --> 03:36:47,650 My conversation has changed since I've been sitting here. 1911 03:36:49,290 --> 03:36:51,270 I didn't know there's a will serve letter. 1912 03:36:52,290 --> 03:36:58,270 So if there's a will serve letter, I would love to have the public have an opportunity to see that. 1913 03:36:58,790 --> 03:37:06,590 So all I found in the EIR is a non-binding letter that was signed, I guess, in about October of 22, 1914 03:37:07,250 --> 03:37:09,610 and by its terms it's now expired. 1915 03:37:09,610 --> 03:37:16,210 So that non-binding letter is no longer valid, but if you have a willster of letter, that would be 1916 03:37:16,690 --> 03:37:21,870 something that would be significant. And generally with a willster of letter, generally comes a term 1917 03:37:21,870 --> 03:37:28,930 sheet about what the cow water is expecting from you and what you're expecting from cow water. So it 1918 03:37:28,930 --> 03:37:29,970 would be helpful for the public. 1919 03:37:30,000 --> 03:37:39,460 To also see what the term sheet is. I mean, I'm fascinated who's going to pay for the water treatment facility. 1920 03:37:40,180 --> 03:37:51,100 You know, I think it's like for it's like $15 million. So, is that what is the developer making a commitment that that he's going to do that and put up the money for it? 1921 03:37:51,100 --> 03:37:56,680 And then again, I come to the point that then we also have to say in that sustainability zone, 1922 03:37:57,160 --> 03:38:01,920 they have to be remediating it so we can put the water treatment plant there, if that's 1923 03:38:01,920 --> 03:38:03,140 where we're going to put it. 1924 03:38:03,480 --> 03:38:09,300 So I think there's things that, oh, the other thing is, I would imagine the offset program 1925 03:38:09,300 --> 03:38:14,220 is that you pay cow water money to get the potable water in addition to paying for the water. 1926 03:38:14,740 --> 03:38:20,220 So I'd like to understand that part too, is that what the offset program is, that the developer 1927 03:38:20,220 --> 03:38:24,420 has to pay an additional fee to get the water during this inter-imperiod. 1928 03:38:24,880 --> 03:38:30,360 So I just like to understand better the financing of this to see how it's going to work 1929 03:38:30,360 --> 03:38:34,820 and how we're going to wish to be assured that actually this happens. 1930 03:38:37,080 --> 03:38:42,140 So what I wanted to talk about was the water using for dust control and 1931 03:38:42,140 --> 03:38:45,920 and co-sold compaction and concrete work. 1932 03:38:46,400 --> 03:38:51,820 Because what I understand now is nobody's going to use, I'm sorry, 1933 03:38:52,400 --> 03:38:57,800 BDI is not going to use bus lane water that they're going to use the San Francisco water. 1934 03:38:57,860 --> 03:38:59,100 That's what I heard tonight. 1935 03:39:00,960 --> 03:39:04,380 And it says in the EIR that they're going to use, 1936 03:39:04,380 --> 03:39:09,900 I think, 16.6 acre feet for those purposes. 1937 03:39:09,900 --> 03:39:11,860 And that's what they currently use. 1938 03:39:11,940 --> 03:39:15,140 And I think that's what maybe Stephanie was alluding to. 1939 03:39:15,820 --> 03:39:18,520 Well, I went to the EPA, and I looked at what they think, 1940 03:39:18,540 --> 03:39:24,000 just the desk control for 640 trucks would be if that's what it is. 1941 03:39:24,760 --> 03:39:26,920 And it would be 10 times that much. 1942 03:39:27,420 --> 03:39:31,120 So I think before we kind of assume that that can happen, 1943 03:39:31,520 --> 03:39:34,980 we really need to have a water supply study for the 1944 03:39:34,980 --> 03:39:37,940 desk control, the soil, compaction, and the concrete work. 1945 03:39:38,980 --> 03:39:59,730 And then your staff report it actually says that they are going to get to use our water for dust control on page nine of your report it says water for dust control during remediation construction water will be used the existing Brisbane water system. 1946 03:40:00,610 --> 03:40:06,690 And even if my numbers aren't exactly correct and I'm not claiming they're correct that would be 25% of our water supply. 1947 03:40:06,690 --> 03:40:07,550 So, 1948 03:40:09,680 --> 03:40:16,620 and I guess the other part that bothers me is the staff report says that J.J. allows this 1949 03:40:16,620 --> 03:40:22,140 to happen because they would allow this until the first building permit. 1950 03:40:22,780 --> 03:40:30,800 The J.J. says site development and I can't understand how grading, desk control, concrete 1951 03:40:30,800 --> 03:40:36,460 work or solvent compaction is not site development and J.J. says that they need their own 1952 03:40:36,460 --> 03:40:46,260 water for those purposes. So those are my main questions and I think the water supply 1953 03:40:46,260 --> 03:40:53,340 for this, those purposes should segregate out soil hauling, water for excavation, 1954 03:40:53,840 --> 03:41:01,520 water for soil compaction, and should this and for peat daily amounts. And you know, 1955 03:41:01,640 --> 03:41:06,440 we did a whole thing about sustainability. I would like to see the Council actually say 1956 03:41:06,440 --> 03:41:09,480 that they should use non-potable water for these purposes. 1957 03:41:10,160 --> 03:41:12,060 Why should anybody's water supply 1958 03:41:12,060 --> 03:41:13,320 be used for these purposes? 1959 03:41:14,540 --> 03:41:15,620 I thank you very much. 1960 03:41:16,300 --> 03:41:19,340 You know, Madam, Madam, OK, you know, 1961 03:41:20,300 --> 03:41:23,160 she asked some really great questions. 1962 03:41:23,320 --> 03:41:25,520 I mean, I'm just sorry, you know, 1963 03:41:25,560 --> 03:41:26,960 interrupt a little bit of your questions. 1964 03:41:27,260 --> 03:41:28,400 There were a lot of questions. 1965 03:41:28,500 --> 03:41:31,140 There were two big ones that I hope 1966 03:41:31,140 --> 03:41:33,680 that we can have staff, you know, answer. 1967 03:41:34,580 --> 03:41:38,720 But if you want to do the last couple of, I'd like to get folks 1968 03:41:38,720 --> 03:41:40,180 Yeah, and then come back. 1969 03:41:40,220 --> 03:41:41,800 Because then you can ask those. 1970 03:41:42,200 --> 03:41:43,080 Okay, thank you. 1971 03:41:43,200 --> 03:41:43,840 Michael Barnes. 1972 03:41:53,780 --> 03:41:54,880 Good evening, Mayor and Council. 1973 03:41:54,900 --> 03:41:55,820 My name is Michael Barnes. 1974 03:41:55,920 --> 03:41:56,800 I'm a businessman resident. 1975 03:41:58,120 --> 03:42:03,640 I've long thought that since you are the agency responsible for the water on the baylands, 1976 03:42:03,920 --> 03:42:05,060 it should be your water. 1977 03:42:05,180 --> 03:42:06,260 It should be municipal water. 1978 03:42:06,460 --> 03:42:09,100 It shouldn't be coming from a private corporation. 1979 03:42:09,100 --> 03:42:17,020 And I know the back in March of 2020, when the notice of preparation meeting was held in this very room, 1980 03:42:18,100 --> 03:42:25,360 you had on your desk an offer from Oakdale to acquire water directly from Oakdale. 1981 03:42:26,000 --> 03:42:28,160 And at that meeting six and a half years ago I said, 1982 03:42:28,340 --> 03:42:30,800 I am excited about the Oakdale water transfer, 1983 03:42:31,380 --> 03:42:37,700 and suggest there are local politicians should be working on our state to provide the transfer of the water. 1984 03:42:37,700 --> 03:42:49,660 If the state wants us to build housing, the state must facilitate water transfer, I still feel that way today that the city of Brisbane should be supplying the water to this because then you can control everything, it's your system. 1985 03:42:50,420 --> 03:43:04,520 The proposal we're hearing tonight seems to me to have more questions and answers and a great deal of additional complexity than simply acquiring water somewhere else in the state for the city of Brisbane. Thank you. 1986 03:43:04,520 --> 03:43:12,340 Okay, and we can circle back on that as well if you'd be ready to answer that about Oakdale. 1987 03:43:13,800 --> 03:43:14,840 Alley Sepherman? 1988 03:43:15,320 --> 03:43:15,840 Good 1989 03:43:23,300 --> 03:43:26,860 evening again, Mayor and Council members, my name's Alley Saperman, and I'm speaking 1990 03:43:26,860 --> 03:43:28,440 on behalf of the Housing Action Coalition. 1991 03:43:29,180 --> 03:43:32,440 The Baylands is designed to be a model for responsible water use in the region. 1992 03:43:33,040 --> 03:43:35,300 Water conservation and new housing go hand in hand. 1993 03:43:35,660 --> 03:43:40,480 The Baylands shows that a well-designed project can add homes while using water responsibly. 1994 03:43:40,480 --> 03:43:47,120 It's drainage improvements, water recycling facility, and conservation strategies benefit both the project and broader community. 1995 03:43:47,700 --> 03:43:51,880 The project's open space network improves water flow and creates new habitat areas. 1996 03:43:52,600 --> 03:43:59,180 Infield development like the Baylands is a smarter, more sustainable way to grow, building on a former industrial site protects undeveloped landscapes, 1997 03:43:59,960 --> 03:44:02,220 and the region's natural water resources. 1998 03:44:02,220 --> 03:44:07,120 The project's Waters apply and drainage have been studied in depth through its environmental review. 1999 03:44:07,440 --> 03:44:10,620 That analysis is done and the bail-ins is ready to move forward. 2000 03:44:11,260 --> 03:44:14,640 Brisbane should be encouraging this kind of development not stalling it. 2001 03:44:14,900 --> 03:44:15,660 Thank you. 2002 03:44:17,560 --> 03:44:21,490 Stores here or online? 2003 03:44:23,410 --> 03:44:24,490 Stores go ahead. 2004 03:44:28,740 --> 03:44:35,280 So I had several comments that are actually pretty similar to what Robin mentioned. 2005 03:44:35,280 --> 03:44:40,700 And, in general, it comes back to a question that many of the council have thought about 2006 03:44:40,700 --> 03:44:41,280 this. 2007 03:44:41,740 --> 03:44:47,080 What are the reasons for the developer to remediate the landfill for water recycling? 2008 03:44:47,780 --> 03:44:55,280 If this is happening after all of the substantial building has occurred, it doesn't seem 2009 03:44:55,280 --> 03:44:59,500 like there's some, they can do it. 2010 03:45:00,000 --> 03:45:10,120 Obvious cost benefit analysis for development, for remediating the landfill and also preparing the 2011 03:45:11,560 --> 03:45:18,300 water recycling plant. And then also coming back to the question of who is building the 2012 03:45:18,300 --> 03:45:25,420 water recycling plant? Who's responsible for those funds? And who makes the money from it? And 2013 03:45:25,420 --> 03:45:39,780 Is the person who builds the water recycling plant then liable for the remediation going forward and any risks that occur? 2014 03:45:39,780 --> 03:45:50,700 And then the final question was, how much does the applicant, how much is the applicant's water rights, 2015 03:45:51,280 --> 03:46:04,380 that they already have relative to the 1100 or 1200 acre feet per year that the Baylands need? 2016 03:46:04,380 --> 03:46:10,480 So those were my questions. Thanks for calling on me and you guys are doing a really good job 2017 03:46:12,080 --> 03:46:15,120 Okay, thank you. I'm sitting clerk. Do we have anyone else? 2018 03:46:21,510 --> 03:46:22,850 No metamir. Okay, 2019 03:46:26,230 --> 03:46:30,790 going back to council questions. So I want I think very quickly 2020 03:46:32,930 --> 03:46:37,230 brought up by Michael Barnes about Oakdale. Stephanie could you address that? 2021 03:46:38,830 --> 03:46:41,410 That was quite a while ago. 2022 03:46:41,690 --> 03:46:45,710 Dales being considered by your predecessor, Greg Vilkin. 2023 03:46:46,870 --> 03:46:49,730 And as far as I know that went nowhere. 2024 03:46:52,570 --> 03:46:55,510 Yes, and in your correct manner, this was before my time. 2025 03:46:55,550 --> 03:46:59,190 And I think the deal had already sort of fallen through 2026 03:47:00,130 --> 03:47:02,570 when I came to the Baylands project. 2027 03:47:02,570 --> 03:47:12,330 And I can't, I will tell you that the DL was never consummated for reasons that I think 2028 03:47:12,330 --> 03:47:19,670 became very complicated of the delivery systems and also some environmental concerns about 2029 03:47:19,670 --> 03:47:20,650 that water. 2030 03:47:22,050 --> 03:47:26,810 But if you're really interested in the history, it just, it didn't, it fell apart. 2031 03:47:27,310 --> 03:47:31,810 But if you're really interested, I can piece that history back together for you. 2032 03:47:31,810 --> 03:47:38,590 was just never it was and I think maybe some council numbers may have even more history with 2033 03:47:38,590 --> 03:47:49,670 that project then I do but it was it was it was never fully agreed upon by all the parties 2034 03:47:49,670 --> 03:47:55,430 and it was it was a very complicated deal to begin with yeah I'm not sure we need to go down 2035 03:47:55,430 --> 03:48:01,090 the rabbit hole but it was a time where the state was looking at agricultural water being 2036 03:48:01,090 --> 03:48:01,770 we sold. 2037 03:48:02,690 --> 03:48:03,730 That was part of it. 2038 03:48:03,910 --> 03:48:07,930 I mean, the issue where the state said you can't do this, because the agricultural 2039 03:48:07,930 --> 03:48:13,470 water supplies were dwindling and they didn't know much about it at the 90s. 2040 03:48:13,470 --> 03:48:14,750 Someone was selling you out. 2041 03:48:15,850 --> 03:48:16,570 Thank you. 2042 03:48:17,210 --> 03:48:17,990 All right. 2043 03:48:18,370 --> 03:48:20,110 Back to council question. 2044 03:48:20,890 --> 03:48:29,170 I wonder if it makes sense to just touch base with them. 2045 03:48:29,790 --> 03:48:38,590 Now, and see if circumstances has changed yet again or whether there's, you know, to 2046 03:48:38,590 --> 03:48:41,910 confirm that there's still no longer interest. 2047 03:48:46,910 --> 03:48:48,270 It's just more of a suggestion. 2048 03:48:48,950 --> 03:48:49,890 I mean, we can look at it. 2049 03:48:49,990 --> 03:48:56,050 I do believe that the, um, it was the 12th of me, Prince of the 12th of me, River, that 2050 03:48:56,050 --> 03:49:00,770 came in to oppose that transfer at the end of the day. 2051 03:49:02,910 --> 03:49:13,810 for a, for a, for a myriad of environmental reasons, and we can, I'm happy to go back to the history and look at it. But it was also very just a very complicated deal. 2052 03:49:14,190 --> 03:49:25,210 It had to go between different reservoirs that are governed by the S of PUC, they had to do the conveyance, and it, it started getting sticky from where I left off of it. 2053 03:49:25,710 --> 03:49:30,490 Yes. Yeah. And I, and I, and I believe that it was at the, the, 2054 03:49:32,730 --> 03:49:43,010 it was the city that asked us to drop the deal at that time. Yeah. Okay, thank you. 2055 03:49:44,250 --> 03:49:48,770 Um, they're pro time Davis. Do you still have questions? You said no, but have you now? 2056 03:49:50,130 --> 03:49:55,930 No, I mean, you know, Robin had like a great list of questions. I would just, you know, 2057 03:49:55,930 --> 03:50:04,410 ask maybe you submit those to staff, I know Cliff is gonna talk about a couple, but maybe we can get those. 2058 03:50:04,950 --> 03:50:06,990 I can answer a few of those if you'd like. 2059 03:50:07,210 --> 03:50:07,790 Yeah, that would be great. 2060 03:50:08,030 --> 03:50:08,270 Sure. 2061 03:50:09,170 --> 03:50:14,330 So there's a question about the treatment plant and the phasing and remediation. 2062 03:50:14,830 --> 03:50:17,810 So that's part of the initial phase of the project. 2063 03:50:19,230 --> 03:50:23,910 So we can take a closer look at that phasing and how that works with the different parties, 2064 03:50:23,910 --> 03:50:28,750 but it would be pretty early on and it could be done as part of the remediation. 2065 03:50:29,570 --> 03:50:33,750 With respect to the utility letter of understanding, there's no expiration. 2066 03:50:34,110 --> 03:50:37,470 It's an unbinding letter that was signed. 2067 03:50:38,190 --> 03:50:41,930 So there's things that would need to happen for it to take into effect. 2068 03:50:42,090 --> 03:50:46,910 There's other triggers and we can go into those details at a later time, 2069 03:50:47,910 --> 03:50:50,370 but because it's not binding, there's no expiration on that. 2070 03:50:50,370 --> 03:51:05,550 And then as far as the concerns with the availability of the Wolster of Letter, I've spoken to the speaker and many others with respect to that document, so that I've had a lot of conversations with all the different folks that not document exists. 2071 03:51:06,010 --> 03:51:14,410 Otherwise, this specific plan would be very challenging to move forward without that, without that Wolster of Letter. 2072 03:51:14,410 --> 03:51:20,950 Can also you address Chris Evers question about stinkiness, projected stinkiness? 2073 03:51:22,690 --> 03:51:24,890 So we might expect there. 2074 03:51:25,170 --> 03:51:25,410 Sure. 2075 03:51:25,530 --> 03:51:32,510 I mean, there's a lot of technologies that will address odors for, not just recycled water facilities, 2076 03:51:32,670 --> 03:51:35,070 but wastewater facilities, any treatment facility. 2077 03:51:36,210 --> 03:51:42,230 So yes, although the Google campus that we were able to tour is a much smaller facility, 2078 03:51:42,230 --> 03:51:49,290 Ultimately, it does have all of this order capture devices and there's waste of scale that up. 2079 03:51:50,630 --> 03:51:57,330 So, and again, that would be part of the environmental review of any project of that scale that would make sure that 2080 03:51:57,330 --> 03:52:01,610 it does not have adverse impacts to the environment, including small. 2081 03:52:02,630 --> 03:52:06,010 May I also chime in here in terms of voters? 2082 03:52:06,010 --> 03:52:13,430 The EIR actually has four separate mitigation measures that are back-med or the Bay Area 2083 03:52:13,430 --> 03:52:20,190 Air District has regulation seven that controls odors and we have four distinct mitigation measures 2084 03:52:20,190 --> 03:52:29,830 that have a whole menu of odor reducing mechanisms to ensure that there is no odor emission from the water. 2085 03:52:30,000 --> 03:52:31,200 Scycling facility. 2086 03:52:35,500 --> 03:52:35,640 Okay. 2087 03:52:40,160 --> 03:52:45,400 Council member Lens. Yeah. You know, Robin, you had a couple of, if you 2088 03:52:45,400 --> 03:52:52,620 would mind coming back up, please, if you have your questions with you, do you have that, your 2089 03:52:52,620 --> 03:53:00,360 questions that you had asked or there was a, I apologize, I didn't write it down. Oh, let me 2090 03:53:00,360 --> 03:53:02,580 Yes, if you went mine. Thank you 2091 03:53:16,180 --> 03:53:24,100 It was it was towards the end. It wasn't the last question or maybe in the second last but I think that third or to last 2092 03:53:26,190 --> 03:53:31,850 Wow, I'm sorry, and you know if you want we could just you know, it just like 2093 03:53:33,650 --> 03:53:35,470 She's so quick 2094 03:53:41,310 --> 03:53:43,680 Right it 2095 03:53:43,680 --> 03:53:50,020 this. You can, we'll connect afterwards. Okay. Okay. Thank you. And could I ask a question? 2096 03:53:50,500 --> 03:53:58,920 Oh, never mind. I'll ask. Okay. So, Council Member Lens, did you have a question? I do. Okay. 2097 03:53:59,500 --> 03:53:59,780 Let's see. 2098 03:54:08,920 --> 03:54:15,160 Do you want me to come back to you? I'm ready. So, it says that wastewater, 2099 03:54:15,520 --> 03:54:22,900 not needed for recycling, would go to SAPUC, Southeast Treatment Plant. So, is that the same 2100 03:54:22,900 --> 03:54:33,480 facility that currently treats Brisbane's effluent. That is correct. Okay. And I've read 2101 03:54:33,480 --> 03:54:43,000 where there is a need for Brisbane's effluent for the water recycling facility in 2102 03:54:43,000 --> 03:54:47,560 the early stages. Is that still part of the requirement? 2103 03:54:48,240 --> 03:54:48,840 Yeah, 2104 03:54:51,920 --> 03:55:10,660 for the full buildout of bail-ins, it would take some time. So the effluent to be able to start operating a plant would be required earlier than full buildout and therefore additional effluent from BSD and as well as the city would be able to support that need. 2105 03:55:11,500 --> 03:55:12,300 Okay, so then. 2106 03:55:12,320 --> 03:55:13,800 Is this another question? 2107 03:55:13,800 --> 03:55:14,660 Okay, you know, you're right. 2108 03:55:14,880 --> 03:55:15,220 Okay, ma'am. 2109 03:55:15,740 --> 03:55:16,040 Okay. 2110 03:55:16,600 --> 03:55:18,260 You sneak in them in there on me. 2111 03:55:18,260 --> 03:55:19,000 I'll sneak in it, ma'am. 2112 03:55:19,000 --> 03:55:19,520 Well, we're all right. 2113 03:55:19,520 --> 03:55:19,560 We're all right. 2114 03:55:20,020 --> 03:55:20,380 I know. 2115 03:55:20,820 --> 03:55:22,320 I got those two. 2116 03:55:22,320 --> 03:55:23,160 I got these two. 2117 03:55:23,720 --> 03:55:23,980 Okay. 2118 03:55:24,760 --> 03:55:25,540 Councilmember Kern. 2119 03:55:27,790 --> 03:55:29,090 As indicated, I have no more questions. 2120 03:55:29,270 --> 03:55:29,550 Okay. 2121 03:55:29,730 --> 03:55:31,150 Thank you. 2122 03:55:31,310 --> 03:55:32,230 Councilmember O'Connell. 2123 03:55:33,730 --> 03:55:35,050 This is a question for Stephanie. 2124 03:55:37,190 --> 03:55:42,830 You said you don't, you have a water, a lot, but it's not exactly a water 2125 03:55:42,830 --> 03:55:49,950 a lot, but it's an existing use amount. What is that use amount that you're allowed at this moment? 2126 03:55:50,250 --> 03:55:51,350 Do you know? 2127 03:55:52,830 --> 03:55:53,370 I mean, 2128 03:55:56,010 --> 03:55:58,050 yes, my engineer just text me that number. 2129 03:55:58,610 --> 03:56:04,910 Okay. And then also, that is to use service existing customers at this moment. 2130 03:56:05,530 --> 03:56:12,430 And most of those existing customers are going to be continuing to use water during the initial phases. 2131 03:56:12,430 --> 03:56:19,590 Yes. So how will you use that? How much extra water do you have? 2132 03:56:21,630 --> 03:56:31,150 Let's see. Right now we are using roughly 6 million gallons per year of water on the 2133 03:56:31,150 --> 03:56:36,370 balance with our existing SFP, or SFP you see water. 2134 03:56:37,410 --> 03:56:44,450 And how would you cut the water usage from existing uses without cutting those existing uses? 2135 03:56:47,310 --> 03:56:53,430 Well, a lot of that is on the rail yard site, so there's very limited. 2136 03:56:55,510 --> 03:57:02,270 I mean, we have more water we can use than our existing uses right now that we are allowed under our deed. 2137 03:57:02,810 --> 03:57:05,790 So do you have the amount that's allowed into your deed? 2138 03:57:06,010 --> 03:57:16,890 The amount is, and I'm sorry, I'm mixing units here, but our deed is 300,000 gallons per day. 2139 03:57:19,750 --> 03:57:22,190 So, and I apologize, I don't have the units straight. 2140 03:57:24,030 --> 03:57:28,590 But the last one I gave you was in MGDs, which is an alien. 2141 03:57:29,810 --> 03:57:45,930 But yeah, I think the point is we've done these numbers and it's in our infrastructure plan and it's in the water supply assessment that shows our existing water and construction numbers and that we can meet that with our existing water uses. 2142 03:57:45,930 --> 03:57:54,390 Okay, thank you, you know. Yeah. And if I may just final question for staff, the current 2143 03:57:54,390 --> 03:58:02,250 baby and industrial, are they using Brisbane sewer? Are they getting bills from Brisbane? 2144 03:58:03,530 --> 03:58:10,190 I believe that they're getting bills from BST. Okay, for not, so not for Brisbane. Correct. 2145 03:58:10,470 --> 03:58:15,890 Okay, thank you. Okay. Oh, it's cracked to me. 2146 03:58:15,930 --> 03:58:16,890 All right. 2147 03:58:19,730 --> 03:58:30,470 If the 45 acres high-speed rail, the light maintenance facility are not set aside how will you deal with the water retention? 2148 03:58:39,830 --> 03:58:43,990 I'll let staff also speak to that, because there is some commentary about that in the EIR. 2149 03:58:45,110 --> 03:58:56,550 My honorist standing is that their proposal would be to find other detention areas throughout the property, and then possibly to include some sort of mechanical pump type system to manage. 2150 03:58:56,550 --> 03:59:06,210 storm water. However, we would prefer to use the full detention basin approach to float to 2151 03:59:06,210 --> 03:59:08,290 visitation creek and then into the bay. 2152 03:59:11,910 --> 03:59:16,330 Okay. Mayor Proto. Sorry, Stephanie. Do you mind providing 2153 03:59:16,330 --> 03:59:23,570 clarification on what you just said about the amount of water you have? Did I understand that you said 2154 03:59:23,570 --> 03:59:32,290 300,000 gallons a day or is that a month a day. That's our that's our deed. That's your 2155 03:59:32,290 --> 03:59:38,030 alignment but that's not what you're consuming. Exactly. But you're consuming six million a year. 2156 03:59:39,130 --> 03:59:44,950 Right. And so then what do you know what your annual allotment is then you mean our annual use? 2157 03:59:45,230 --> 03:59:50,650 I do. Can I come back to you because I can't do these numbers because I just think I was six. 2158 03:59:50,650 --> 03:59:59,970 I was seeing 300,000 a day, but 6 million a year, that's 20, it's like 2159 04:00:00,000 --> 04:00:15,100 But 20 days worth, so I was just, yeah, we're not using our full, a lot meant. Okay, so, but, but it's there, it'd be good to know what your full, a lot meant is. 2160 04:00:15,100 --> 04:00:27,620 Your full, a lot meant is in our deed agreement. And then what you're, and our current existing uses, and again, all of this is in both the water supply assessment agreement and our water technical memo. 2161 04:00:27,620 --> 04:00:30,540 So I can bring those numbers back to you that are harder and faster. 2162 04:00:30,540 --> 04:00:31,720 Okay, so yeah. 2163 04:00:31,720 --> 04:00:32,620 Thank you. 2164 04:00:33,680 --> 04:00:34,160 Okay. 2165 04:00:36,740 --> 04:00:39,000 We're nearing the end of our time here. 2166 04:00:39,620 --> 04:00:43,920 So council member Lens, I don't know how many more questions, but we would have to extend the meeting. 2167 04:00:43,980 --> 04:00:44,780 Let's wrap it up. 2168 04:00:44,860 --> 04:00:45,240 You know what? 2169 04:00:45,300 --> 04:00:46,560 I got plenty. 2170 04:00:47,040 --> 04:00:51,840 And so why don't we just, you know, move water to the next meeting. 2171 04:00:51,840 --> 04:00:52,260 Okay. 2172 04:00:52,480 --> 04:00:58,140 I don't think we have a ton of questions, but I think we need you. 2173 04:00:58,140 --> 04:01:01,220 Do you have mayor and how much do you have council on real call? 2174 04:01:01,740 --> 04:01:03,580 I have no more questions at this time. 2175 04:01:03,740 --> 04:01:05,600 I only have maybe one or two. 2176 04:01:05,900 --> 04:01:10,340 But you just ask yours and then the rest are all close next time. 2177 04:01:10,720 --> 04:01:12,980 Well, we would have to extend the meeting. 2178 04:01:13,800 --> 04:01:16,140 I don't know how many council members have. 2179 04:01:17,040 --> 04:01:19,680 I will make a motion to extend the meeting 15 minutes. 2180 04:01:20,020 --> 04:01:23,580 That way, maybe cow water doesn't need to come back for next time. 2181 04:01:24,480 --> 04:01:25,300 How are you? 2182 04:01:25,300 --> 04:01:35,520 Second year often stick a council member McConnell, but I'll I'm being optimistic. Okay, so we have a motion on the table and a second all in favor. I 2183 04:01:35,520 --> 04:01:37,520 Anyone opposed no 2184 04:01:38,620 --> 04:01:40,240 All right, so 2185 04:01:42,920 --> 04:01:44,320 Okay, so 2186 04:01:45,880 --> 04:01:47,320 The the wastewater 2187 04:01:47,900 --> 04:01:53,670 You know, effluent that will come from the recycling facility would go to 2188 04:01:54,970 --> 04:02:05,190 the facility that is run by SAPUC. So and we've stated that the initial phase of the water 2189 04:02:05,190 --> 04:02:12,690 recycling facility would need Brisbane's water or sewage water. So the water 2190 04:02:12,690 --> 04:02:19,330 the F-lon goes to the recycling facility, the water is recycled and then our 2191 04:02:19,330 --> 04:02:28,450 affluent, it goes to S of PUC. So, is the city required to pay for that infrastructure to go 2192 04:02:28,450 --> 04:02:33,890 to that facility, and then from that facility is the city required to pay for the infrastructure 2193 04:02:33,890 --> 04:02:42,570 to go to S of PUC, and so that we can get charged the same high rates from S of PUC. 2194 04:02:43,390 --> 04:02:45,230 Do I have that, Ryan? 2195 04:02:46,050 --> 04:02:50,050 That's all part of the part of ongoing conversations and negotiations. 2196 04:02:50,950 --> 04:02:53,270 I mean infrastructure costs are one part. 2197 04:02:53,910 --> 04:03:00,360 You know, when that effluent, it's as we found out from the Google sidewalk, 2198 04:03:01,930 --> 04:03:04,650 you know, the, the, that recycling actually does, 2199 04:03:04,750 --> 04:03:09,430 it will stop pulling in off of the, you know, the wastewater lines. 2200 04:03:10,390 --> 04:03:15,210 So I think that's part of the, 2201 04:03:18,230 --> 04:03:23,250 Yeah, Scott, if you would want to come to the podium, please. 2202 04:03:23,250 --> 04:03:24,270 Is this another question? 2203 04:03:24,530 --> 04:03:25,070 Oh, I'm sorry. 2204 04:03:25,470 --> 04:03:26,250 You just like questions. 2205 04:03:26,450 --> 04:03:29,490 Oh, I thought it was a close lunch show here or something. 2206 04:03:29,810 --> 04:03:29,970 No, okay. 2207 04:03:30,510 --> 04:03:30,610 Sorry. 2208 04:03:31,050 --> 04:03:31,390 I apologize. 2209 04:03:32,030 --> 04:03:32,950 I'm getting a little punchy now. 2210 04:03:32,950 --> 04:03:33,410 Okay. 2211 04:03:35,170 --> 04:03:36,590 So I have a question. 2212 04:03:37,610 --> 04:03:42,330 With regard to cow water and my understanding and I could be wrong, 2213 04:03:42,650 --> 04:03:46,010 I don't know that cow waters entire supplies from Boska, 2214 04:03:46,010 --> 04:03:48,390 but I know you're a Bosca customer. 2215 04:03:50,410 --> 04:03:52,910 And since you're an SFP-USI customer, 2216 04:03:53,330 --> 04:03:57,950 we've seen the 84,000, 2217 04:03:58,170 --> 04:04:01,450 it may be higher, renalication to San Francisco. 2218 04:04:01,830 --> 04:04:05,170 And I've heard many pundits rumbling about 2219 04:04:06,310 --> 04:04:09,890 whether the SFP-USI can continue to provide 2220 04:04:09,890 --> 04:04:12,570 copious amounts of water to existing 2221 04:04:12,570 --> 04:04:15,090 and new customers and that was brought up tonight. 2222 04:04:16,010 --> 04:04:29,910 Are you also subject to the same rationing or reductions not drought related but supply related that would be applied to Bosco customers? 2223 04:04:30,110 --> 04:04:44,810 I don't know if you have an enormous allocation that you figure you can take on Brisbane or whether you're just figuring that you can kind of eat it out. 2224 04:04:45,830 --> 04:04:57,450 And you may have enough with the drought restrictions where you figure it's comfortable but in terms of the possibility that the PUC could reduce everybody's water. 2225 04:04:58,770 --> 04:05:04,430 Are you concerned about your allocation or that it could be changed? 2226 04:05:09,350 --> 04:05:10,710 It's a very good question. 2227 04:05:10,710 --> 04:05:16,030 And we have an agreement with the SEPUC through Bosca, 2228 04:05:16,130 --> 04:05:19,030 similar to Brisbane, for an individual supply guarantee 2229 04:05:19,030 --> 04:05:20,890 from the SEPUC. 2230 04:05:21,190 --> 04:05:23,310 Back to the question of normal years, 2231 04:05:23,410 --> 04:05:25,570 it would be defined as a non-drout year. 2232 04:05:25,690 --> 04:05:27,890 That's how you would explain a normal year. 2233 04:05:28,690 --> 04:05:33,590 We, as indicated in the water supply assessment, 2234 04:05:33,870 --> 04:05:39,170 recognize we fully utilize SEPUC water for this area 2235 04:05:39,170 --> 04:05:44,830 and we would be impacted in potential drought scenarios. 2236 04:05:46,070 --> 04:05:53,790 Now, we, in this report, identified that the additional demands for the Bayland-specific plan 2237 04:05:53,790 --> 04:06:03,090 would fit within the allotment that Kalater has in our individual supply guarantee agreement with the SAPUC. 2238 04:06:03,090 --> 04:06:08,650 So, we do believe that for normal conditions, we can take on the additional demands. 2239 04:06:09,450 --> 04:06:15,410 In the case of a single year drought or a multi year drought, the SAPUC would reduce their 2240 04:06:15,410 --> 04:06:18,050 supplies and we would be impacted by that. 2241 04:06:18,230 --> 04:06:23,370 That is where, if needed, we would make use of our water shortage contingency plan initiated 2242 04:06:23,370 --> 04:06:27,530 additional conservation measures to make sure that demands could be met. 2243 04:06:28,050 --> 04:06:28,350 Okay. 2244 04:06:28,370 --> 04:06:30,130 I think my question was a little different. 2245 04:06:30,210 --> 04:06:30,590 Okay. 2246 04:06:30,770 --> 04:06:30,950 I'm sorry. 2247 04:06:30,950 --> 04:06:37,750 Yeah, no that's okay. Yeah. Again, back to San Francisco and then starting to look at their own 2248 04:06:37,750 --> 04:06:43,670 water needs with increased population and buildings. They've had conversations that I've read 2249 04:06:43,670 --> 04:06:51,550 about them thinking they may have to reduce water, Bosca customers, a lotments. Have you had 2250 04:06:51,550 --> 04:06:58,630 those conversations with them? I guess I would answer it. We are very aware of those conversations 2251 04:06:58,630 --> 04:07:07,070 through the bus comedings, the agreements are, as they were originally signed in the fact that 2252 04:07:07,070 --> 04:07:16,110 they are required to provide a certain amount of water. If there is a drought, then they have certain 2253 04:07:16,110 --> 04:07:22,230 measures in place to be able to reduce that water supply. If they are looking to reduce their 2254 04:07:22,230 --> 04:07:28,610 water supplies, then that falls under the agreements with the wholesalers or the retailers in terms 2255 04:07:29,130 --> 04:07:29,970 adjustments, but it is... 2256 04:07:30,000 --> 04:07:33,700 It's point, we are not aware of adjustments to that water supply. 2257 04:07:34,240 --> 04:07:35,780 Okay. Thank you. 2258 04:07:35,780 --> 04:07:38,620 Okay. Thank you, Madam Mayor. 2259 04:07:39,400 --> 04:07:50,440 So, all right. So, Stephanie, BDI, you know, estimates that operation of the water recycling facility 2260 04:07:50,440 --> 04:08:00,340 would begin at 20% of billed out. Right. So, when then would the start of construction 2261 04:08:00,340 --> 04:08:02,620 of the facility begin. 2262 04:08:04,920 --> 04:08:08,600 You got to be up and run it in a 20% when do you start building? 2263 04:08:11,290 --> 04:08:15,890 When do we start building the water recycling facility? Yeah, right. So in this specific plan what we 2264 04:08:16,870 --> 04:08:24,910 what we discussed is our initial recycling facility that was our original plan was a 2265 04:08:24,910 --> 04:08:29,550 500,000 gallon per day water recycling facility because we have no source 2266 04:08:30,330 --> 04:08:36,010 then that couldn't come online until the bail-on development was 20% built out. 2267 04:08:36,570 --> 04:08:41,790 That's, that was the original plan and that is the plan if we, if we don't do the 2268 04:08:41,790 --> 04:08:47,570 cow water, water recycling facility, is that we would build our own water recycling facility for the 2269 04:08:47,570 --> 04:08:53,530 bail-ons. That would take 20% of the full build out what year that is. I mean, I mean, 2270 04:08:53,530 --> 04:08:58,430 depends on how fast we can build out. But you have to do the build out so you that you have 2271 04:08:58,430 --> 04:08:59,390 the supply. 2272 04:09:01,630 --> 04:09:06,470 We estimate, even though we'd get a very conservative estimate about the recycling 2273 04:09:06,470 --> 04:09:13,550 facility coming online in the WSA, Scott discussed, we do think that that project could 2274 04:09:13,550 --> 04:09:20,630 come online earlier than the 20% that our water recycling facility, if we did it alone, 2275 04:09:20,630 --> 04:09:23,410 that needed the 20% build-out. 2276 04:09:24,130 --> 04:09:27,890 So, did that answer your question? 2277 04:09:28,210 --> 04:09:30,450 So, let me ask you a follow-up then. 2278 04:09:30,770 --> 04:09:34,870 How long do you think it would take to build 20%. 2279 04:09:34,870 --> 04:09:38,390 Of the development phase, phase 1. 2280 04:09:38,790 --> 04:09:42,530 So, 20% of the full build-out is what the calculation is. 2281 04:09:42,910 --> 04:09:44,230 Not 20% of the phase 1. 2282 04:09:46,170 --> 04:09:47,870 So, 20% of the full build-out? 2283 04:09:48,130 --> 04:09:48,230 Yeah. 2284 04:09:48,230 --> 04:09:59,500 You know, that's probably 10 to 15 years ago, you know, to have enough effluent to actually 2285 04:09:59,500 --> 04:10:01,080 run a recycling facility. 2286 04:10:01,620 --> 04:10:07,520 That's our original water recycling facility plan, all right, again, with cow water in 2287 04:10:07,520 --> 04:10:12,320 the plan and as you've probably heard tonight, we're still negotiating and talking about, 2288 04:10:12,320 --> 04:10:16,920 you know, how that project comes together and how it's funded and how it's financed, 2289 04:10:16,920 --> 04:10:19,520 but the idea with the calorie cycling, 2290 04:10:19,680 --> 04:10:22,180 what it would be online earlier, 2291 04:10:22,780 --> 04:10:25,420 it wouldn't need to wait for the affluent for the balance. 2292 04:10:26,160 --> 04:10:28,080 Okay, do you know how long it would take 2293 04:10:28,080 --> 04:10:34,060 to build such facility to accommodate the 20% of full will now? 2294 04:10:34,500 --> 04:10:38,780 I mean, because you're talking about 10 to 15 years 2295 04:10:38,780 --> 04:10:42,380 of this 20% and these timelines keep getting 2296 04:10:42,380 --> 04:10:43,760 a longer and longer. 2297 04:10:44,480 --> 04:10:46,180 Well, it all depends on the market, right? 2298 04:10:46,180 --> 04:10:54,260 You cannot, you know, we can't, nobody has a crystal ball here, we think, you know, given, you know, we think the site is a great site for development. 2299 04:10:54,400 --> 04:11:02,540 We think once we get entitled, you know, that there is a lot of interest in the site and that the development will move at a, you know, a fairly quick pace. 2300 04:11:03,240 --> 04:11:10,240 But, you know, many of us in this room had lived through 2008, so sometimes there are hiccups in the real estate world. 2301 04:11:10,240 --> 04:11:15,580 And so it's hard to predict, yeah, it can give you a number of how long it's going to take 2302 04:11:15,580 --> 04:11:21,120 us to build out about 20 percent of the development, I can give you estimates at this point 2303 04:11:21,120 --> 04:11:21,680 in time. 2304 04:11:21,720 --> 04:11:26,700 Okay, but we know how long approximately it would take to build a facility to accommodate. 2305 04:11:27,220 --> 04:11:31,280 So can anybody in this room get water recycling facility, how long it takes to build a water 2306 04:11:31,280 --> 04:11:32,200 recycling facility? 2307 04:11:33,180 --> 04:11:38,420 Yes, to accommodate what 20 percent of the full build out would do. 2308 04:11:39,860 --> 04:11:43,580 to try and understand timing and when things would be built. 2309 04:11:44,500 --> 04:11:52,240 I mean, that's a good question. I think it's tough to speculate. I would assume a project like this, you know, you're looking at 12 to 18 months. 2310 04:11:52,820 --> 04:12:00,760 Whether this facility is faced or all built all at once, that will impact the schedule and the timeline as well. 2311 04:12:01,360 --> 04:12:07,460 This is a complicated construction build that's going to require a lot of time and effort. 2312 04:12:07,460 --> 04:12:14,760 So I would I would just roughly say 12 12 to 18 months from groundbreaking assuming you've got 2313 04:12:15,300 --> 04:12:16,940 definitely nothing else ready to go. 2314 04:12:18,980 --> 04:12:28,740 Okay, you know perhaps after cleanup. Yeah, so you know I'd like to as an item to put in a specific plan that 2315 04:12:29,760 --> 04:12:37,440 the water. I'm gonna call it a water treatment recycling plant because that's what I'd like to 2316 04:12:37,460 --> 04:12:52,600 to see at the site, that construction start so that that facility can treat the water from 2317 04:12:52,600 --> 04:12:59,420 the initial build of residential or commercial if that's what you choose to do, right? 2318 04:12:59,420 --> 04:13:06,180 So that there's a place for the effluent to go to when someone flashes their toilet in one 2319 04:13:06,180 --> 04:13:13,700 the new townhomes or whatever, you know, as the first housing development. 2320 04:13:16,520 --> 04:13:18,100 Okay, I have a question. 2321 04:13:18,400 --> 04:13:19,480 This is my last question. 2322 04:13:20,820 --> 04:13:27,740 When we talk about cell water supplying water to sear point, is that inclusive of an anticipated 2323 04:13:27,740 --> 04:13:33,620 development, both by universal paragon on their property and also health peak? 2324 04:13:37,170 --> 04:13:41,250 Those are two large developments that we've not talked about. 2325 04:13:41,530 --> 04:13:43,990 So when you say sublime, to see our point, 2326 04:13:44,130 --> 04:13:53,210 are you aware of those two projects and are you prepared to also deliver water to those projects within the capacity that you know you have? 2327 04:13:53,450 --> 04:14:01,910 I think this would be a good question for ECA because I believe that they did look at that as part of the long-term water supply assessment. 2328 04:14:01,910 --> 04:14:06,030 I don't know if anybody freakows online anymore. 2329 04:14:10,240 --> 04:14:14,560 Or if you can, a person was here for remediation, but there's different people for water. 2330 04:14:15,080 --> 04:14:17,760 But we could tee that up for the next one. 2331 04:14:18,000 --> 04:14:20,380 I think that's a really important question. 2332 04:14:20,580 --> 04:14:23,480 We need to answer to if you could bring that back to the next hearing. 2333 04:14:24,380 --> 04:14:29,600 When I was looking at the water supply agreement getting familiar with the project, I did notice 2334 04:14:29,600 --> 04:14:30,040 that. 2335 04:14:30,420 --> 04:14:33,220 But let me let us double check in here for the next meeting. 2336 04:14:35,110 --> 04:14:39,810 That's all I have. We have three minutes. Can't remember less. 2337 04:14:41,030 --> 04:14:45,370 You know, why don't we just move water to the next? 2338 04:14:46,630 --> 04:14:48,130 Do you have a lot of ideas? 2339 04:14:49,090 --> 04:14:51,870 You know, I mean, I can, I'll just ask it. 2340 04:14:51,870 --> 04:14:56,210 If you're all good, I'll ask the questions and we can extend the meeting. 2341 04:14:56,350 --> 04:14:59,070 And if you want to just knock out the water, I'll just ask it. 2342 04:14:59,070 --> 04:14:59,970 How many? How many? 2343 04:15:01,180 --> 04:15:12,000 I think it's going to take a while. I would say probably 30 minutes. Can you submit those questions to staff and they could be included? The answers could be included in our next. 2344 04:15:13,080 --> 04:15:15,600 The lot of the questions are for cow water. 2345 04:15:19,210 --> 04:15:22,730 I'll make a motion to extend the meeting for 30 minutes. 2346 04:15:23,210 --> 04:15:24,050 In the second. 2347 04:15:29,090 --> 04:15:33,670 If you move this so long, I'll second. I'll second. We've just moved it along. I think. Okay. Thank you. 2348 04:15:33,670 --> 04:15:37,110 Okay, all in favor, any one opposed? 2349 04:15:40,440 --> 04:15:40,960 Okay. 2350 04:15:43,500 --> 04:15:43,520 Okay. 2351 04:15:43,520 --> 04:15:43,620 Okay. 2352 04:15:43,740 --> 04:15:44,280 Remember lunch? 2353 04:15:44,300 --> 04:15:45,040 You got the floor. 2354 04:15:45,180 --> 04:15:48,100 Okay, Scott, if you would mind coming to the podium place. 2355 04:15:48,880 --> 04:15:49,400 Okay, 2356 04:15:53,340 --> 04:15:53,340 so, 2357 04:15:53,340 --> 04:15:56,340 okay, so BDI says that they need, 2358 04:15:56,420 --> 04:15:59,800 for the recycling needs 500,000 MGD. 2359 04:16:00,240 --> 04:16:02,960 And basically, you guys are 500,000 MGD. 2360 04:16:03,340 --> 04:16:07,400 Okay, so that's going to go to customers in South San Francisco. 2361 04:16:07,400 --> 04:16:15,160 So, are there any time requirements for providing that recycled water to customers in South San Francisco? 2362 04:16:18,840 --> 04:16:19,620 Not at this time. 2363 04:16:19,960 --> 04:16:27,380 We're still actively working with customers and same where there is a want and used for that recycled water. 2364 04:16:28,200 --> 04:16:30,420 So, that is all still discussions to be had. 2365 04:16:30,580 --> 04:16:34,760 At this point, there is not a firm schedule as to when that water would be utilized. 2366 04:16:34,760 --> 04:16:42,220 Okay, is the water recycling facility and the water recycled water that you need to send to 2367 04:16:42,220 --> 04:16:50,660 South San Francisco, is that contingent on this deal-debring pot of water to the bayonelines? 2368 04:16:51,200 --> 04:16:57,440 We're looking at multiple sources, but the intent is to utilize this water when it becomes available. 2369 04:16:57,440 --> 04:17:10,620 Okay, so if BDI proposed a project and it was 300 housing units, you would just, you would 2370 04:17:10,620 --> 04:17:17,280 provide the water, the potable water for that development, you would do it, that's part 2371 04:17:17,280 --> 04:17:21,940 of the agreement, whether the recycling water facility or water treatment facility was built. 2372 04:17:23,100 --> 04:17:29,440 The intent that is still all being negotiated, but the the want is to put that facility 2373 04:17:29,440 --> 04:17:34,420 online as soon as possible and utilize that water and till there's affluence available 2374 04:17:34,420 --> 04:17:40,500 to be able to fulfill the needs it would come from other sources and that would be utilized. 2375 04:17:41,400 --> 04:17:46,860 But the the want is to utilize that as soon as possible if there is not enough if there 2376 04:17:46,860 --> 04:17:52,360 is not available recycled water, then we would use portable water until that time. 2377 04:17:53,140 --> 04:17:55,240 OK. OK. 2378 04:18:08,180 --> 04:18:14,220 OK. So this is, I guess maybe a question for staff. So it says the FER states 2379 04:18:14,220 --> 04:18:19,300 that are building that a binding water service agreement would be executed after sequesterification 2380 04:18:19,300 --> 04:18:25,160 typically following project entitlement could the council require it before project entitlement. 2381 04:18:25,560 --> 04:18:27,320 If that was the desire of the council. 2382 04:18:37,270 --> 04:18:42,990 because it depends what you mean by entitlement, and it certainly would be before any individual 2383 04:18:42,990 --> 04:18:53,210 project were entitled, if you were to want to require it before the specific plan were adopted. 2384 04:18:53,270 --> 04:18:58,190 I'm not sure what that would do to the schedule because those agreements haven't been negotiated yet. 2385 04:18:58,670 --> 04:19:01,970 Yeah, I'm not going to let this out of the staff report, so that's what it says. 2386 04:19:01,970 --> 04:19:05,410 So this is typically following project entitlement, 2387 04:19:05,670 --> 04:19:08,850 could the council, if it's so desired to require it 2388 04:19:08,850 --> 04:19:13,810 before project entitlement, as it stated in this staff report? 2389 04:19:15,780 --> 04:19:17,780 You're looking at that chart. 2390 04:19:23,150 --> 04:19:25,030 It's written on me this, even if I find 2391 04:19:34,860 --> 04:19:35,040 it. 2392 04:19:35,040 --> 04:19:38,640 Okay, it's on page 5 of 10. 2393 04:19:39,460 --> 04:19:42,580 It's in the last paragraph, 2394 04:19:45,820 --> 04:19:47,580 as explained in the FER, 2395 04:19:47,580 --> 04:19:53,660 or binding water service agreement would be executed after sequestrification, typically following 2396 04:19:53,660 --> 04:19:58,840 project entitlement. Yeah, and I think in that in the way it's being used in the staff report, 2397 04:19:59,900 --> 04:20:06,420 that's then after the specific plan was acted on because that's the indication that we've 2398 04:20:06,420 --> 04:20:16,120 received from Cal Water that that's when that we need to know what program is being approved before we 2399 04:20:16,120 --> 04:20:20,840 enter into any sort of actual water service agreement. 2400 04:20:21,160 --> 04:20:28,180 We have the WSA to know that there's supply for the program that was proposed, but until 2401 04:20:28,180 --> 04:20:34,700 it's entitled, there's we don't have the basic, until the specific plan has been approved 2402 04:20:34,700 --> 04:20:39,900 and we know what Council has authorized, there's not the basis to finalize the agreement. 2403 04:20:40,580 --> 04:20:49,280 Okay, you know, Madam Mayor, I'm actually just, yeah, I don't worn down and I know that 2404 04:20:49,280 --> 04:20:53,740 the council will prefer that I not continue to ask the questions and others 2405 04:20:53,740 --> 04:20:58,800 members of the public would prefer to go home. I don't, it's cow water doesn't 2406 04:20:58,800 --> 04:21:04,240 mind coming back. Okay, you know, I would prefer to do that. I'm actually getting 2407 04:21:04,240 --> 04:21:09,880 tired and I was just doing it just to check it off the list, but I would 2408 04:21:09,880 --> 04:21:13,760 prefer to just to come back and knock it out at the beginning of the next meeting. 2409 04:21:14,320 --> 04:21:22,780 Okay. All right. They are intending to also begin the other topic at the next meeting, right? 2410 04:21:23,100 --> 04:21:25,880 I just want to confirm that will be. 2411 04:21:26,200 --> 04:21:31,200 What other topic is that? I think at the schedule that you showed at the beginning only had 2412 04:21:31,200 --> 04:21:33,580 what are you made more progress tonight than? 2413 04:21:33,580 --> 04:21:35,260 No, so finance. 2414 04:21:35,260 --> 04:21:41,460 I don't think that we're playing since we're planning on having finance on the 23rd. 2415 04:21:41,620 --> 04:21:50,180 I'm not sure that the actual report will be ready for the meeting on the 19th. 2416 04:21:50,300 --> 04:21:52,040 So are you saying there's no topic? 2417 04:21:53,660 --> 04:21:59,780 We'll be planning on talking about water, but if you're finished or close to finished, then you can direct. 2418 04:21:59,780 --> 04:22:04,520 says, let's say Cliff has 10 questions. He's only one with questions on the water left. 2419 04:22:05,000 --> 04:22:09,420 Would we all be coming to the next meeting to just sit here and listen to Cliff's questions? 2420 04:22:09,580 --> 04:22:16,300 Or would we then be moving into the next topic, which may be health and safety if we need to bump that up? 2421 04:22:17,040 --> 04:22:22,360 So yeah, so I was under the impression that we were doing the finances at the next meeting. 2422 04:22:22,360 --> 04:22:25,200 That's what I thought it was. That's not ready for prime time. 2423 04:22:25,360 --> 04:22:27,180 It's on the calendar for the 23rd. 2424 04:22:28,060 --> 04:22:29,980 I was looking at the calendar on the time. 2425 04:22:30,000 --> 04:22:38,360 Or a dissident, tentative. So how about this? Then let's do public safety and alternatives meeting. 2426 04:22:39,640 --> 04:22:48,020 Staff would need to prepare a reading list because we have a reading list prepared for all the other topics, but that's a new topic. 2427 04:22:49,700 --> 04:22:56,380 So staff would need to prepare a reading list, I assume, for that, or is that necessary? 2428 04:22:56,380 --> 04:23:03,380 You tell us what you want to talk about and we'll figure out how to be prepared for it I don't I guess I don't know what 2429 04:23:06,320 --> 04:23:10,740 Close topic, so yeah, so I mean we have 2430 04:23:12,580 --> 04:23:21,520 You know seven alternatives we should evaluate those we know that alternative seven was brought up many times by members of the public and also myself 2431 04:23:21,520 --> 04:23:27,500 I think we should evaluate that, and then public safety, you know, police, fire, and public 2432 04:23:27,500 --> 04:23:34,200 works. And, you know, just for example, the fire station is proposed on the east side. 2433 04:23:34,640 --> 04:23:39,500 Well, if you don't have the Geneva Avenue extension, that's a problem. And we need to talk 2434 04:23:39,500 --> 04:23:46,680 about public safety to go through these earrings and talk about public safety. That's a crime 2435 04:23:46,680 --> 04:23:48,280 to our constituents. 2436 04:23:48,280 --> 04:23:54,800 May I ask you a question? I just heard alternative 7. Are you saying that would be also 2437 04:23:54,800 --> 04:24:00,660 part of November 19? I would like to talk about that. And if Council members want to talk 2438 04:24:00,660 --> 04:24:08,980 about the other alternatives, you know, it's in the EIR. So it isn't like that hasn't been addressed, 2439 04:24:09,240 --> 04:24:18,260 but we just haven't had a discussion about those. Didn't you say at a previous meeting that if we 2440 04:24:18,260 --> 04:24:21,540 or did I misunderstand that? 2441 04:24:21,620 --> 04:24:26,680 No, so the alternatives are analyzed in the EIR. 2442 04:24:27,140 --> 04:24:30,220 So we would change what, if you were to adopt an alternative 2443 04:24:30,220 --> 04:24:34,680 instead of the project, it would change the types of findings you make, 2444 04:24:35,280 --> 04:24:38,720 but you do have discretion to adopt something 2445 04:24:38,720 --> 04:24:40,800 that's other than the project. 2446 04:24:41,160 --> 04:24:45,220 We might have to make conforming changes to the specific plan itself 2447 04:24:47,900 --> 04:24:59,100 to match the alternative, but the EIR, the alternatives are part of the EIR and have been analyzed as part of the EIR. 2448 04:25:00,160 --> 04:25:13,280 So, is it my understanding that alternative 7 or talking about alternatives could be making the project smaller or less impactful? 2449 04:25:13,280 --> 04:25:18,940 Is that what you'd like to discuss? 2450 04:25:21,470 --> 04:25:25,710 So I think it is appropriate for us to discuss the alternative, 2451 04:25:27,410 --> 04:25:34,870 because that those alternatives evaluate different densities and intensities. 2452 04:25:35,370 --> 04:25:36,450 And I think that's appropriate. 2453 04:25:38,150 --> 04:25:38,670 Thank you. 2454 04:25:38,870 --> 04:25:43,370 I have been through that comparison chart in the EIR. 2455 04:25:43,370 --> 04:25:47,950 And I'm just asking to understand, so I can actually formulate my notes and come prepared to the meeting. 2456 04:25:49,650 --> 04:25:49,830 What? 2457 04:25:50,250 --> 04:25:54,110 We've just bring questions based upon the alternative, because they are compared. 2458 04:25:55,390 --> 04:25:57,910 This isn't just a list of items in the EIR. 2459 04:25:58,030 --> 04:26:03,670 They are compared to each other, so I'm just trying to understand how that conversation may come together. 2460 04:26:04,030 --> 04:26:10,730 Yeah, so one of the things that we did at the start of our meeting tonight was to give direction to council. 2461 04:26:10,730 --> 04:26:12,270 I mean, to staff, right? 2462 04:26:12,350 --> 04:26:15,390 What are the things that we'd like to see evaluated 2463 04:26:15,390 --> 04:26:18,810 or change in the specific plan? 2464 04:26:20,330 --> 04:26:23,670 So addressing those alternatives could potentially 2465 04:26:23,670 --> 04:26:28,670 provide direction from council members to give to staff 2466 04:26:28,670 --> 04:26:33,330 to evaluate certain things such as what council member 2467 04:26:33,330 --> 04:26:34,470 or McConnell raised. 2468 04:26:34,490 --> 04:26:36,870 And I think you raised the same thing. 2469 04:26:36,870 --> 04:26:39,630 Council member Davis is 1,800 units. 2470 04:26:39,630 --> 04:26:45,650 So that's one of the requirements of that alternative. 2471 04:26:46,330 --> 04:26:51,470 But here we are discussing this, which really should just have it agendized so that 2472 04:26:51,470 --> 04:26:53,230 then we can get into that full discussion. 2473 04:26:53,270 --> 04:27:00,690 I wonder though, I mean, so when I said the 1800, I did that recognizing that we don't 2474 04:27:00,690 --> 04:27:07,850 have the financial analysis and I think that when you toggle, when you begin to toggle, 2475 04:27:07,850 --> 04:27:14,910 right, you start messing with the potential equilibrium of the development. 2476 04:27:15,850 --> 04:27:19,410 So, there needs to be a certain amount of commercial, right? 2477 04:27:20,050 --> 04:27:29,610 Certain amount of square feet of commercial to offset the housing and to ensure that it's revenue positive for the city. 2478 04:27:30,390 --> 04:27:34,810 So, I feel almost that, like, that's why I didn't put an amount 2479 04:27:34,810 --> 04:28:01,930 And because it's up to 7 million square feet, and that's why I didn't put the amount of commercial that I would like to see because at this point, I don't even feel that we can analyze what the appropriate amount of commercial is without understanding how these changes impact the finances because you could say all day long that you want 4 million, but then the finances come back and say, well, your baseline has to be six. 2480 04:28:02,770 --> 04:28:09,790 So I, you know, I'm concerned that we can certainly talk and look, but I think it's important 2481 04:28:09,790 --> 04:28:15,150 to keep in mind that with all that financial analysis, there's not a whole lot, I think 2482 04:28:15,150 --> 04:28:20,050 of direction that we can give to staff about what the appropriate density truly is. 2483 04:28:21,170 --> 04:28:26,610 I think you make a very good point, but at the same time unless we start the discussion, 2484 04:28:26,950 --> 04:28:29,230 we don't know how far we would go with it. 2485 04:28:29,230 --> 04:28:35,270 So maybe it's just putting it on the table and seeing what the questions are. 2486 04:28:35,310 --> 04:28:40,650 And if there's too much there, then that gets moved to another meeting later on. 2487 04:28:40,750 --> 04:28:44,970 Well, we may notice that there is one alternative, that we may have some kind of, we see some 2488 04:28:44,970 --> 04:28:49,510 consensus and then maybe, who knows, I don't know, Kaiser Marston will even have the time 2489 04:28:49,510 --> 04:28:56,190 to prepare something for them the following meeting that analyzes that particular, but we've 2490 04:28:56,190 --> 04:29:02,870 even seeing whether Council has the appetite to pursue one of the alternatives unless we talk about it. 2491 04:29:03,130 --> 04:29:10,270 So maybe that's a good time. We could continue water, public safety. I don't think that's a heavy burden, 2492 04:29:10,690 --> 04:29:15,190 and then look at the alternatives and that sounds like a meeting right there. 2493 04:29:16,730 --> 04:29:22,370 Yes? Yes. Yes. Yes. Okay, and I'll make my water questions more concise 2494 04:29:22,370 --> 04:29:28,630 so that expedites that part of the meeting. 2495 04:29:29,590 --> 04:29:32,990 And I would just ask if everyone on the council 2496 04:29:32,990 --> 04:29:36,550 thinks that you're proposing for staff to look into, 2497 04:29:37,050 --> 04:29:39,030 if those could be submitted earlier, 2498 04:29:39,310 --> 04:29:41,110 so that that appears in the packet, 2499 04:29:41,690 --> 04:29:44,970 and it's not incumbent upon staff to try to take notes here 2500 04:29:44,970 --> 04:29:46,350 and the public would see it, 2501 04:29:46,430 --> 04:29:49,450 and we would all have a chance to see it, 2502 04:29:49,530 --> 04:29:50,950 that would be helpful. 2503 04:29:50,950 --> 04:29:56,960 Alright, that being said, it's 9.56 and this meeting is adjourned. Thank you. 2504 04:29:57,550 --> 04:29:59,970 Thank you, the staff and the lead to continue. 2505 04:30:00,000 --> 04:30:11,970 I will have the city attorney calling me. Can I get a first and second to continue the public hearing on November 19, 2026 at 530 p.m. 2506 04:30:12,130 --> 04:30:15,810 So moved, second? All in favor? Aye. Aye. Aye. 2507 04:30:15,930 --> 04:30:19,170 And thank you to everybody. We will see you all from the 19.