the north and west. and the sprr unit to the southeast. if we start with the schiage unit, the contaminants were used for cleaning metals. there's a dtcs action plan for this site that plan is a clean water phase. it includes long term monitoring of the ground water to insure that that clean is ongoing over time and it includes land use control to protect workers in the field and it includes clean utility corridors to protect utility workers during and

after the development. as far as where we are on the implementation of that, the active soil and ground water phase was completed in 2011 and the long term monitoring of that brown water project is under way. >> yes, the questions that were raised at the previous hearing were related to whether children can safely grow vegetables, right? >> or dig in the soil. >> or dig in the soil which they intend to do. that was one of the questions you raised and what's the answer to that? >> the answer -- the site is made for children. there is a restriction on growing vegetables for this site, and that is because there's a potential for some plants, for their roots to go down into the water, so the soil is safe,

in its current condition. there is a portion of the site that will be capped with clean soil, a minimum 3-foot cap and that is the area where there are still some metals in the ground, but there will be -- the children will be protected from that by a cap and the rest of the site is safe speaker: which vegetables are being prohibited from being planted in the area? >> they're being very cautious and prohibiting all vegetables. they can be grown in a plant above the soil or something like that, but at this point, the land restrictions include not growing vegetables. >> unless they're raised beds. >> right. >> are we providing effort for that? >> as far as i know, that's not apart of the plan but i don't know the details of the plan.

>> i think we need to think about that. i didn't realize you had to have grazed beds in order to grow vegetables. i was under the impression that the soil was safe to grow vegetables. >> we're negotiating -- the park commissioner has agreed in the future to acquire the open space parks, so the recreation and parks commission will be responsible for what happens in that and they will engage in a 12 month process and what do we want to do in these spaces. the rec park department will go over that again and work with community and determine any sort of gardens will be something that the community wants or if it's recreation or passive, so the uses of those open spaces have not been determined. >> i understand that. but if the only way you can grow vegetables in that area is by having raised

beds, i hope that's apart of the consideration. >> again, if we did grow vegetables we would have to do them in raised beds. there's no indication that vegetable growing would be an activity that occurs on this site, but based on the restrictions from the state, you're right. if that was something that happened, it would have to be in a raised bed. >> you have no prohibition against doing that. >> there's a prohibition against growing vegetables speaker: that's not what i'm asking. there's no prohibition against the community? >> of course not. it's an open question that will happen during the discussions to come. >> thank you. >> and you do do the appropriate signage that says do not grow vegetables? how does that work just to follow on that -- make sure the people are protected? >> that could easily be apart

of the development, yes. >> okay. >> the final steps that we need to go through for this [inaudible] which is farther along than the upcuo and the state has approved the long term monitoring plan. the state has already approved the financial assurance aspect of the project, and -- >> when i say the state, is there a specific department you're referencing to. >> the department of substance control. they're overseeing this whole department. >> the department i created many years ago. i'm glad they're working. >> that's your problem.

>> the final step is negotiating these land use controls we were just talking about and we're almost complete with the utility corridor clean up. a little bit more has to be done on that part, but other buys that -- but otherwise that part is almost done. >> vice president caen. >> this goes back to your first slide. it slipped out of my memory. have you done a number of [inaudible]. i think that was an issue that was brought up at the last meeting about the proper borings that should be done on this type of property. has that been a case. can you report? >> there's been lots of borings on this property over many years, so it has been a very thorough

investigation of this site. >> is there a written report on the borings. >> there are many written reports, and the final report which was just approved by the dtsb called the remedy report is a history of everything that was done and like i said, i mean, there's probably 50 reports over the years that has been completed that summarize the report that has been done. >> is that available for the public to see? >> absolutely. they have a website called inviro store and you can go in and type in brizban and it will pop up and you can download the reports done over the years.

if i move on to the upc operatable unit which is the former southern pacific rail yard, as i said, that site is subject to a separate clean up. it's a little bit mind the sledge ou. the contaminants were metals and we also have chlorinated solvents that have migrated onto this site. we haven't approved remedial action plan and it includes capping of the soil and basically it's for these metals that's still present, the capping of those long term monitoring of those cap operation and maintenance of those caps. again, land use controls, and clean utility

corridors. this site -- this work has not yet been completed and it will hopefully be done in october of this year. >> the final step for this site because it's not a -- there is some more work to be done in this is the east corner. we still need the remedial design to be approved by dtsd and we're working on that. the remedy needs to be implemented and excavated and placed in areas where the cap will be placed. the dtsd will need to approve the remedy completion report and they'll need to approve the long term monitoring plan and the land

use control and the clean corridor needs to be completed. my last slide is just a summary of these land use controls that will be in place, but as i said, those are not finalized so they're still being worked out. but for both sites, there will be no drilling for water, oil, or gas without dtsd approval. they'll be no ex traction of ground water without dtst approval and a management plan will be required for any activity that goes below 5 feet where ground water might be encountered. until it's reached, that monitoring will go on. there's one land

use control that would be specific to the vegetation area of the project. and that is because there could be intrusion of vapors into buildings that are constructed there because of this concentration that still remains in the ground water, so any construction of any structure is going to need dtsd approval and that concludes my remarks. >> commissioner moran. >> we have someone from the city, public health department. >> is this mic on. before i

have stephanie speak, one clarification, i realize that maybe i didn't make clear. in terms of the open space and the planting, the project won't have open space. these are podium apartment buildings so all the open spaces will be a public park so there's not a concern of what people do with their private yard because this is an apartment structure. i want to introduce stephanie from the department of public health which is going to go over the ordinance which is a second set of protections on the environmental side that we have on the site. >> good afternoon, commissioners. i'm stephanie cushion and i'm with the department environmental branch. i oversee the site mitigation program, so at any time you move soil in the city of san francisco, before you can get a building

permit, you have to come through the health department. and that is in certain areas of town including the slaj oversight. and i oversee the terms. the ordinance or article 22-a of the san francisco health code as i said requires that if you're an in-- you've been industrially zoned, you are within 100 feet of a former or current underground storage tank or you're within 150 feet of a raised freeway, you are in -- you are under the requirement of article 22-a. for this particular project, it would require, although dpds has over

seen the larger clean up of the site, every single development that occurs on the site will need to come to the health department. we'll ask for more specific site characterization for that particular project. we also will oversee the perspectiveness and we ask for a site approval plant. we work with them so we're satisfied they're answering all of our questions. based on the results of the site characterization -- how will they handle anything that they bring to the service or bring to the

cap that dtsd is requiring of them. they have to submit a third party certification that they have completed the work and it is the consultants belief and they put their license on the line that meets the requirements. >> thank you. >> does that conclude this item. there was a comment i had, while i'm prepared to move it, there are a lot of issues surrounding the concerns that the community has. there a lot of different

communities. the community that i come from is the labor community, so i think it's appropriate to note that i've spoke actually today in fact with some community work force representatives who were not all that thrilled with the relationship that they have with the current developer. i think there could be more outreach there. also, the san francisco building construction traits council -- i'm a delegate and not thrilled with the dialogue related to the labor agreement that we're hoping would get the work done without any work stoppages. i'd like -- if it's not something we can hear today, i'd like to hear about most recently and most disturbing was the removal of references to stewardship and standard labor community, but of critical importance, border

life insulting and the discussions surrounding the application of prevailing wage and i think it's a mistake just to assume the building trade's unions are going to go along because we just go along with everything, so prevailing wage is pretty important. senator torres, you know what i'm talking about. >> yes. >> there's a lot of things that's going to get this thing through and i think making sure there's labor peace in the southwest would be trade unions and it's important. are there any other comments commissioners. >> how do we make sure that happens? an overview or monitoring? >> i'm confident that

supervisor caen about facilitate those conversations. we've begun that dialogue. in this town, it seems odd to me that we would get this far along on something so controversial and we would still be having conversations about the application of prevailing wage, but i'm prepared to move it. commissioners. commissioner moran. >> a couple of things. our normal role in this sort of thing is figuring out what the utility impacts are and our interest in our employees protection, and we have ended up going farther field of that because of public testimony that raised the protection of public health and i think that's appropriate and i appreciate the time we've had because of the continuance

to look at this. in the course of my -- looking over the documentation that has been testified to, this is clearly not a new issue. and this has been around for a long time. the issue, there's no issue that has been mentioned here that is either new or unusual. and they have -- i think there has been a process that people have gone through to make sure that the development is done in a responsible kind of way. i'm struck by of the nature of the remediation process that you can't make all of our history go away. you have to deal with it in some way and that in many ways, the ongoing public health is dependent upon land use controls. and the materials

that i reviewed has land use control and there's seven several things you have to get signed off. what you worry about is somebody is going to stop paying attention over time with land use. i take comfort and one thing is the department of public health is involved and i'm glad we have local people who care about our community who are involved in this. and the other is that the public areas will be under public jurisdiction. so it's not just a matter of what somebody does with their property, but there's lots of avenues for dealing with issues there. so i think, you know, i think between the mayor's office and the developer and the public health and dpsd, i think the right thing has been done. the thing we're concerned with is disturbances for soil and

changes in land use and things that could expose people to some hazard and the first instance of that is our own employees and the people doing the construction work and there was extensive discussion about how those issues will be dealt with, but i think we need to make sure -- just that we have a noticing that says you're not supposed to grow vegetables here. just like on the pier, you're not supposed to do fishing there. that notice has to be there and there has to be public people from the city that's paying attention there and making sure it's honored over time. i think the review has helped me and i'm ready to support. there's ongoing concerns we need to pay attention to and the protection of our employees including those who

work or live there are protected. >> thank you commissioner moran. commissioners? commissioner vietor. >> i concur with most of the statements with moran and i concur can the statements. whatever needs to happen to really do go above and beyond to protect public health. understanding it not the per view of the puc, but those are raised and they're important for our workers and the people that's going to live there and the children who are going to grow up in those units. i concur with that and request that the developer really do the notification. dts has looked at this and i was hoping that someone from there or our new director who used to chair would be here to confirm dtsd

findings, but i too have comfort that the department of public health is watching this and i hope that the city is really going to be vigilant. >> i'm prepared to vote. >> whose got the motion? >> moved. >> i didn't get a motion. >> i need a motion. >> so moved. >> it has been moved. >> second. and seconded. any other discussion. okay. can i have public comment, please. dr. jackson. >> yes, i would like to say what really bothers me, i know it don't bother you, but when there's development going on in this city especially in bay view hunter's

point, it's all super fun sites, they come up with a conceptional plan. do you know what a conceptional plan is? it sound good, don't it. a conceptional plan is a dream. and you know when you have a dream, you might wake up with the worst nightmare and that's what's happen nothing the southeast sector because i had contacted the park and rec, but i didn't attend the meeting, but the young lady called me this morning to inform me that they did pass on supporting the project, but she said but mrs. jackson after i talked to her, she said you need to make sure that you're at the budget committee meeting on july the 16th at 10:00 a.m.

to talk about your concerns because people come up here and do not tell the truth. maybe you all can believe in the health department, but i gave you information about what happened with the health department and the epa, dealing in my community. co-hearsting with the people and lying. did anybody go to jail? no. there's a lot of people that need to go to jail, about what they are supporting and being a rubber stamp. don't nobody make anything but the developers. they're the ones that's getting the money, and you all are just sitting there. and your workers are going to be dead in ten years, and you're talking about growing vegetables. if you grow vegetables in the southeast sector, all the toxins that goes up and comes down,

i wouldn't eat no vegetable grown out there. i'm going to tell you just like it is. but the thing of it is that i'm more concerned about is they're talking about digging feet feet and then go lay something and we have earthquakes in this area and when the cement cracks, all those fumes are going up in the air. you all need to -- i don't know what to say about you all. >> thank you for being here, doctor. >> mr. woods. >> good afternoon. >> good afternoon, commissioners. my name is robert wood, and i'm concerned about -- we talk about this magic three foot field that we've put on top of the toxic soil that is already there. that three foot, they're probably going to

put a barrier at the testing level where the toxic is and where they're going to put on the bar of soil. everybody knows that when water, when it rains, that some times water penetrates far beyond three feet. and if that water gets to that barrier, eventually that barrier isn't going to be able to carry that bar of soil and it's going to wash away eventually. it may take eight, nine, ten years, but it will wash away and you will have a disappearing of that three-foot field that you put on top of there, but my other question is when you start putting in your

utilities out there, you're talking about digging down inside of that toxic waste to put your utilities in the soil. once you start digging it up and putting that soil to the side and you start trenching and putting in your pipes, that will be -- that will be exposed to whoever is working there or whoever is living in the area. you got to think a little deeper than just the soil -- just putting your footings and other things that you're putting out there in that area. you're going to have to break that three-foot base area if you're going to putting in foundations and things of that nature and that

right there will start contaminating that cap that you're talking about that you're putting on top of that if there's water inside of that cap -- inside that cap and it's seeping through, then you're going to have eventually water -- one thing water does is it seeks dry land. it seems anything that is dry, and eventually whatever it is down there is going to come up through -- where ever you puncture that cap, that water from that toxic area will seep up through that barrier and through that cap area, so i ask you to make sure that the site is clean and that way you won't have to be worrying about these things

and worrying about the health department and budget reports and even the developers of the land selling you on something that they could not clean up, so i ask you to be concerned. we are concerned in the neighborhood. thank you. >> thank you, mr. woods. thanks for being here. >> i have a question. >> vice president caen. >> if this property is not developed, what are your discussions for the property? >> mr. woods. >> i said what would your suggestions be for the property? do you want to still sit there and the old --