proposed project. construction related and operation activities associated with the proposed project will result in an increase of diesel parts particulate matter of cancer risk for both on and off-site receptors. overall the impact of the proposed project would be the same as drafted in the eir and the revised eir. impacts of the revised projects on the air quality would be significant and unavoidable with mitigation. just recently radioactive objects were found less than a quarter mile -- [ bell rings ] -- now, i've been with this company since its opening. i know that leonard dumped haul trucks on to that parcel. you should take a look at the cir and ask for the planning commission to do a whole rehaul of it. it's not right to allow people

in the neighborhood to get cancer, to get respiratory illnesses. you guys are here to better the community. you guys -- [ bell rings ] -- messed up once with the navy yard. >> president cohen: next speaker. >> dear supervisors, my name is james, i lived in the bay view for 12 years. unless the lord builds a house, those who build it labor in vain. i would like to make three points, the first point is threefold, one, no racism, no elitism, and no insider deals. yesterday we all listened to you complain about the lack of vibrancy in the bay view, yet you refused to listen to the person who has by far brought the most successful business to the bay view in years. last week we saw you spend hours promoting immigrants during the meeting, yet you pretend you don't see an immigrant standing

here in front of you. this is unacceptable and embarrassing to watch. i demand you address the concerns of miesha brodsky. if mikhail was -- but you ignore him and allow the developer to ignore him, too. does this imply only certain colors of skin and ways of speaking can be discriminated against? further, you cannot treat him trivially because he doesn't fit in your category of elite citizens. next, transparency. who is the investor on this project? if you can't tell us, why not? there's a rumor this is being financed by inside, local level, and national level insider money. please, dispel this rumor. second point, local small businesses must be protected versus large developers.

third point, san francisco san franciscans should not be required to travel five hours to find rest from the corporate world in nature. this city cannot be an iron curtain of political correctness, which rewards select ethnicities, protected elites, corporations, developers, and insiders -- [ bell rings ] -- with bribes. >> president cohen: thank you, your time is up. thank you. next speaker. >> good afternoon. i would like to in pointing out why i actually support this appeal. i would like to remind you guys that last week during the discussion on the south soma project, plan, sorry, the planning department argued that it was okay to avoid or push back some of the conversations around the environmental

impacts, because those things would be addressed project by project. i would like to point out in the responses to comments that a couple of the violations, particularly around soil and water, are being excused because in the plan for bay view hunter's point, it says that these projects are going to happen. you can't have it both ways. do we address these environmental impacts project by project or what's in the plan? this is a circular argument, and we have to start doing things right here. we do need the housing, we need the retail, we need projects like this, but we need them to be done right, and what we're seeing along the eastern corridor is ignoring the underlying pollution, the underlying impacts, the underlying geology when we do these megaprojects, and we need

to step back, slow down, and do it right. i am not necessarily against this project, but i am against this eir -- [ bell rings ] -- and plan the the way it stands. please, let's do it right this time. thank you, guys. >> president cohen: thank you, next speaker. come on down. >> hi, i'll be addressing the language access issue. i have two points to make. first, according to the city's own website, more than 34,000, that's 30.7% of bay view residents, which includes india basin, speak limited english, city wide over 170,000. planning failed to translate the notice of availability of the eir and the notice of public scoping. limited english speakers were excluded from the first most important step of the process and the scoping meeting altogether because these documents were not translated. planning translated the notice of availability, which includes a brief paragraph of the project

description, but the small paragraph is insignificant compared to the 151-page notice that wasn't translated. outlines in detail environmental impacts such as air pollution. even though the executive summary of the draft eir was translated into spanish and chinese, it was not in dogalo. in 2001, the board unanimously passed what is now called the language access ordinance. its purpose is to include equal access services for those not proficient in english and requires city departments providing public services to translate information into languages used by more than 5% of residents. bay view has six times that percentage. it also requires translation particularly when it's about public health and safety, like exacerbating air pollution. it says departments have to provide the same level of service -- [ bell rings ] -- as they do english speakers, something not done here. translation is exactly this kind

of service. how can a mom who barely speaks english and has a kid with asthma comment on a project like india basin when documents weren't translated? she can't, she was excluded from the beginning. the board should grant appeal on the language issue alone. thank you so much. >> president cohen: thank you, next speaker. >> hi, supervisors. i'm asking you for the proposed india basin and would like you to serious consider two cautionary tales. one is the dramatic and frightening situation in bay view hunter's point shipyard with inadequate, to say the least, testing and clean-up of radioactive soil. the other is the dire housing situation in the mission with gentrification displacement of african-american, latino

families, seniors, and people with disabilities. also many people have gotten very sick fighting their evictions. for decades, including the years when i was a home health nurse, i've been shocked by the alarming rates of asthma, emphysema, cancer, including breast, prostate, lung, and cervical, heart attacks and strokes in bay view's point. this would be reason enough for thorough and transparent testing on the soil and air. the bay view hunter's point shipyard, as you know, is adjacent to india basin, but as far as i've heard, there will be no commitment to testing the air and soil for the proposed project. in addition to what's already been said, with 1,575 units of unaffordable housing coming to india basin, more cars will be hitting the streets, leading to increased pollution and congestion. 92% of the -- [ bell rings ] -- wealthiest people bring two to three cars per household and are least likely to yield to

pedestrians, so that is another issue. thanks to gentrification and displacement of thousands of long-time residents, the soul of the mission is on life support. please, don't let this happen to bay view hunter's point unless it's already too late. thank you. >> president cohen: thank you, next speaker. >> hello, supervisors. tony kelly standing in solidarity with marie harrison and the environmental appeal brought by greenaction and their allies. supervisors, you know, you feel this, developers feel this had, the public feels this, the eir consideration is a brutal process, and i hate to choose, just along with everyone else here, about attending yesterday's hearing or today's hearing, because i can't get my schedule at work to be here for both when, in fact, i wish this project was better, but i really wish this eir was complete, so i chose to be here today, when really there are issues with both. but really it's the eir under consideration today, and

supervisors, i should not have to remind you here in this year of our lord 2018 about india basin, its location next to the shipyard and what's been going on for the last ten weary, frightening years about the shipyard, but it's still a shock that in bay view and san francisco in 2018, the city is considering approving an eir for a building project next to the shipyard that hasn't fully considered how safe the dirt is. has environmental impact that can't be mitigated and freely admits they can't be mitigated, and chose to avoid communities that don't read or speak english. as you just heard, more than 30% of bay view is limited english, more than 40% of bay view is not born in this country. and the official reason the city might approve this project anyway is because officially the overriding considerations are the city -- [ bell rings ] -- wants the money and wants the expensive housing. if this eir gets approved, how

wrong does it need to be to get rejected in this city? the statement of overriding considerations, you know this, you've mentioned every other neighborhood in the city, that the expensive housing is a fool's errand, it's a fool's game to chase that. but somehow if it's okay in bay view, and nowhere else, that's a sick double standard, supervisors, and please, please consider the appeal strongly. [ bell rings ] turn down the project. thank you. >> president cohen: thank you, next speaker. >> good afternoon, dear board of supervisors. i've been a resident of san francisco for the past 28 years. i represent -- i want to say since day one when banya opened its doors it's been a huge part of the russian community on the coast of bay area. banya has been an essential element of the traditions of the country. definitely the place where you'll enjoy your time with your family and friends and also

serving as a community center. personally, my wife and i have been going to banya for the last seven years, most every other weekend, and enjoy it. the roof deck with the amazing views of the bay makes banya an incredible sight, as well. fresh air coming from above the bay, definitely the most part of the project. damage and destroy the whole aspect of the purpose of banya. the community will suffer from pollution caused by the next project, and i will ask the supervisor please vote the motion to reverse the planning commission's environmental impact report. thank you. >> president cohen: thank you. next speaker, please. >> jackie, greenaction for health and the environment. i'm speaking in favor of reversing the planning commission's certification of the eir for this project and requesting that you approve the

appeal and reject this project. do i have this right, the draft eir concluded that the india basin project would generate emissions of a pollutant during construction and operations that could violate air quality standards? that could be significant and unavoidable, exceeding the thresholds of significance, yet planning approved this project? the planning commission used a loophole called a statement of overriding consideration to try to justify significant, harmful, and illegal amounts of air pollution that this project would cause. they claim that the open space, which is currently toxic and contaminated, and affordable housing, which isn't affordable at all to those who have been displaced, is more important than health and the right to breathe clean air. please, vote no to prohibit this

significant unhealthy and illegal amounts of air pollution and to bay view hunter's point. india basin is contaminated with radioactivity and build llc refuses to test. please, protect the health of residents and reject the india basin project. >> president cohen: next speaker. >> good afternoon, supervisors. my name is chad. i'm here to support archimedes banya. i've been working there now for going on four years, and i must say, it's definitely a wellness center, and this proposed plan to build all these units and these high-rises is going to decimate our clientele, our businesses, just absolutely going to suffer. not to mention the noise from all the building, but all the particulate that's going to be coming into the air that we're going to be breathing inside of our saunas.

it's just absolute chaos. when you think about it, people come on a daily basis, people trying to get well, trying to cure themselves of cancer, different types of disorders, from depression, what have you, and they come to the banya as a place to get away from everything, to work out their problems, to get better, to heal, and now i'm hearing something about building these high-rises, all the particulate from the air, not to mention, you know, radiated rocks found on the beach. it's going to absolutely destroy our business. you're not taking us into account, and it's just -- there's no other place like it around, where you can find peace and quiet in the city. we have people that actually commute all the way from sacramento, from monterey, every single week since we've been open, they come here to just get some rest from their lives, to help heal themselves. you're just really needing to take into consideration small

businesses -- [ bell rings ] -- which are really going to be decimated. thank you very much. >> president cohen: next speaker. >> good afternoon, madam president and board of supervisors. for the record, my name is marcus tart, i want to thank you for the work you do in this city. i know we don't see it all the time, and realize the commitment you have, but this is a great city, and i appreciate your work, especially the work that comes out of d-10. for the record, i really support this project. i think it's gone through the process. the planning commission, that's why we have these processes in place. i was a person born and raised in the bay view community, certainly, i work there now, and i think we have to really respect the process and the people who work to implement the process. one of the main reasons why i like this project is the public marketplace that's right along the shoreline. yes, some people have stated this whole community is changing, and that's going to

happen, but the public marketplace give the clients i work for, small businesses and entrepreneurs, a chance to access this space, activate this space and participate in this enormous local economy, so for that reason, i really strongly encourage you to support this project for the small businesses and entrepreneurs from the bay view hunters point community. thank you. >> president cohen: just a reminder, this is public comment for people who oppose the project. it's okay. we'll take your comment. we'll apply them to the correct category. thank you. come on back. >> thank you, my name is david, i live in the shipyard, two doors down from this project, and i think it is your duty to send this eir back to the planning commission for some

additional work, because the overriding purpose is to have disclosure of impacts and mitigations. the project sponsor's own testimony at the planning commission, they acknowledged this project would impact the banya, they engaged upon banya multiple times to try to reach mitigation. while it wasn't their duty to finalize a mitigation, it was their duty to make sure that that impact was in the eir, so there's no way we can say this eir is a disclosure of the real impacts without having the banya represented in that eir. second thing ceqa said, and they have a substantiative impact on the project or other mitigations, you must send it back to the planning commission to deal with that, and in this situation we have at least two.

number one, the eir says that the reason why they didn't have to do radioactive testing is because historical records said there was no radioactive waste on that plot. we just found out in parcel "a," where the historical records say there was no radioactive waste, some wound up there one way or another. it's imprudent and ignores the situation that says we have to look at something other than historical records to determine whether or not there's radiation. second, in the original we had a school, we had 60,000 more square feet of commercial, now we have no school on this plot and we have 30% more density, which is fine, i'm not against that, but it deserves -- the public deserves an opportunity to understand all these facts, comment on these facts, and recommend mitigations. thank you. [ bell rings ] >> president cohen: next speaker.

>> hi. my name is justin avery, and i'm a resident here in san francisco. i just live right down the street near aleman square. it's my first time speaking. i've been a massage therapist for 25 years and go to the banya often, and i find it just a real gem in the city that brings together diverse background of people, young and old, you know, different economic scales, and it's a special place where people can come and genuinely relax and unwind, and given that, it's such a unique gem in our city, i think that it's important, you know, i work on people all day, i massage people all day from the city. people are really stressed out here. they need to unwind. they need to relax. and this is a special,

affordable place where people from all different -- love the community that's there, can come and genuinely relax and that's a good thing. so i hope that you take into consideration the appeal to the eir and especially with the air circulation and -- there's a lot of different places that we can go to relax, you know, hot springs, places like that, but this is such a unique place in our city that would be -- [ bell rings ] -- be best protected environmentally by this body. and i really appreciate you taking that into consideration and i appreciate your time. >> president cohen: thank you. next speaker. >> hello, madam chairman and the board. i'm a mechanical engineer in the city, and i've been coming to the banya for years. the banya's a magical spot that has provided countless residents

a space to relax, space to breathe, connect, space to build a community. the banya is a huge part of the sf russian and american communities, something that massive amounts of my friends go to. some of them american friends celebrate the birthdays at the banya every year. this development is an unrestrained move that doesn't try to develop in harmony with the businesses and communities in the location it is building up in. the developer has not attempted to respond and resolve reasonable requests from the banya owner. the amicable requests submitted by the banya owner to the developer to allow countless patients of the banya the view they get now was ignored. now the building walls are going to be where freeman beauty is going to be. nothing is being done to address these issues. whitewashing concerns is all that's happening.

no additional research or factual investigation and reaction to the health concerns have been appeared. as it's not allowed this eir to move forward, mandate a conciliation to listen to their concerns. began by the developers, make this eir change, reject how it is now. do not let this go forward. listen to the voice of the community in front of you, not to the dollars trying to push this project forward. thank you for your time. >> president cohen: thank you. next speaker. >> my name is mika, i'm from the democratic socialist of america environmental justice committee. we have in support of greenaction's appeal of the eir, and we would urge you to decertify it. for the various reasons of people's civil rights being violated, of the pollution that will be created from this

project, and the unmitigated impacts that will not be able to be fixed in a community that's already so impacted by hazardous materials, landfill, and so many other things. i also want to speak to the democratic process of how this is decided, you know, this is like a project conceived by developers and the public is supposed to advise and consent, to use a phrase that's apropos at the moment. so i think this should be more community engagement, not just flyers that are in languages that people can't understand, but actual engagement on the community on how the land will be developed and moving forward, yeah, i think that should be something y'all should look at and direct the planning department to do so accordingly. we need to democratize the city a little bit better. thank you. >> president cohen: thank you. are there any other members of the public that would like to speak? this is, again, you're speaking in support of the appeal, which also means that you're speaking

against the project, just for clarification. please come on up. >> the environmental protection agency in washington is being dismantled by the trump administration. here we have a parcel property that is very questionable. and wierig mothering the environmental protection agency that we have here, yeah. what are we needed for? we're searching for ways to create healthier communities. we had a vote a couple of years ago in washington and 2-1 they knocked it down. and we have a governor, lieutenant governor, that did create a suit against that same vote, because it was going to

reduce financial development, financial rewards, and so here we have another question of a community coming to say we have reasonable doubt, and we want our government to stand up for us. the people that are here. not for all the new people that are going to come in that aren't here yet that are going to buy up those pieces of property. the people of the city are going -- are watching what's happening here. we need new directions, even our governor running for -- [ bell rings ] -- our democratic gavin newsome running for governor says on kqed "newsroom," that we need a new policy, and i wonder if this is going to be it. thank you, people.

>> president cohen: thank you. next speaker, please. >> hello, everybody. if if you'll indulge me, i want to stand in solidarity with the bayview community, this beautiful woman that testified and her beautiful family, who i'm sure she cares for and loves just as we all care for and love our own family. i did make a comment about cancer that was occurring in the soma development, and i know it's not about soma development, but they are adjacent, and i live in between the two, and maybe i was incorrect in the way that i said it, but i said very passionately that i did feel the city was killing the folks. specifically me. i live two blocks from the soma development, and i'm going to disclose that i do have cancer. it's very real to me right now.

and so if i get a little emotional, i apologize. i also am partially pretty severely deaf, so if you speak to me and another person is speaking in the room or i'm speaking, i cannot hear. so please take that into consideration, and the deputies, i have made a criminal complaint against the assault that occurred here last tuesday when i made the public comment, and, you know, if you don't want me, just ask me to leave. do not assault me. we're speaking about death, just when i was about to disclose that i had cancer for the first time publicly, and only three of my close friends and my doctors understand this, and i cannot move from san francisco, because the type of cancer i have is rare and the best care is in the city limits.

so you just can't get up and move because your cancer is being just -- i mean, it's like every meeting i'm coming to now we're talking about death and cancer. it's scaring me. [ bell rings ] thank you so much for your time. >> president cohen: next speaker. >> good afternoon, my name is steve castelman. i'm with the environmental justice clinic at golden gate law school, and we represent greenaction and a portion of this appeal. we've just been handed october 2nd, 2018, a document called "revisions to air quality mitigation measures for the india basin mixed-use project." planning springs this on us now, after we have had an opportunity to appeal and to address you as the appellant. this is -- this is truly,

remarkably improper. how is planning giving us a document on this particular day, a week after this hearing was supposed to be heard, and we're supposed to not be able to comment on this. this is outrageous. i would ask the members of the board of supervisors to ask the planning department how they can possibly change the mitigation on october 2nd, 2018, at 4:00, when this hearing was scheduled at 3:00. this is completely outrageous. you should not allow this to happen. whether or not you support the appeal, this is a violation of our -- [ bell rings ] -- due process rights. this is a violation of our

ability to address you concerning ceqa. what do they say? they say they are going to use some kind of renewable or clean diesel. don't we have an opportunity to challenge that? can't we have an opportunity to come before planning and say they are wrong, there is no such thing? [ bell rings ] >> president cohen: thank you. thank you. [ indiscernible ] sir, you can speak for two minutes, but the gentleman has already -- [ speaking away from microphone ] sir, you are able to speak for two minutes. >> president cohen: are there

any members of the public that would like to comment? all right, public comment is closed. all right. please sit down. now we'll have up to ten minutes from michael life from the planning department to make a presentation. mr. lye, i have a couple questions for you. mr. lee, my apologies. first of all, can you just start with, this is a ceqa hearing, correct? >> yes, it is. >> what exactly is ceqa, what does it stand for and what is ceqa? >> ceqa is the california environmental quality act, and it requires lead agencies, such as the san francisco planning department, to evaluate the environmental impacts of a proposed development project. >> president cohen: and when you're evaluating the environmental impacts, do you

take into consideration existing businesses? >> yes, we do. they are described as part of the environmental setting. >> president cohen: all right, thank you. and did you take into consideration the banya? >> yes, we did. the banya is described in the environmental setting throughout the eir. >> president cohen: thank you. >> and the responses to comments document, we identified the business by name. >> president cohen: thank you. and mr. lee, what exactly is this body supposed to do? there's been an appeal that is before us. what is the exact lens that we are looking through to evaluate this appeal? >> your task is to determine if the eir is adequate, accurate, and complete, and if you find that is the case, then you would affirm the planning commission's certification of the eir. >> president cohen: all right. in your presentation, i'd like you to speak to the fact that

you circulated a memo. perhaps you can begin there, speaking to the october 2nd memo. >> okay, i'll address that in my presentation. >> president cohen: okay, thank you. madam clerk, can you please start mr. lee's time? thank you. >> president cohen and members of the board, my name is michael lee and i'm the planning department's eir coordinator for the india basin mixed-use project. the item before you is the appeal of planning commission's certification of the india basin eir. the commission certified the eir and approved the project on july 26th, 2018. the two appeals were filed. the first appeal was filed by archimedes banya sf and 748 innes avenue hoa and the second by greenaction. as stated in the department's september 17th appeal response

and september 21st supplemental appeal response, the india basin eir is adequate, accurate, and complete, and it complies with ceqa, the ceqa guidelines, and chapter 31 of the san francisco administrative code. the department has addressed all of the issues raised in the appeal in our appeal response and supplemental appeal response. i'll briefly highlight some of the issues mentioned by the appellants today and the department's responses to the appellants' claims. regarding air quality impacts, the eir disclosed that implementation of the project would result in significant air quality impacts and identified six mitigation measures to address those impacts. planning department staff have evaluated the existing mitigation measures and determined that mitigation measures maq-1a and maq-1c could be amended to require use of

renewable diesel, which would further reduce the air quality impacts. >> president cohen: just so we can kind of translate the language that you're speaking, what impactly is maq-1-a? >> mitigation measure for air quality and it's 1-a. there are a total of six, so 1-a through "f." >> president cohen: thank you. >> we submitted the revised language for those mitigations efforts and this is done in response to comments we received from the bay area air quality management district this morning. and we have copies available for the public. >> president cohen: thank you. the clerks will come and collect that. >> so the appellant does not disagree with the eir's conclusions. the appellant disagrees with the commission's decision to adopt a statement of overriding considerations and approve the project. the commission's decision to certify the project's eir is a

separate action from their decision to adopt a statement of overriding considerations and approve the project. under the eir appeal, the question before the board is whether the eir is adequate, accurate, and complete and whether certification of the eir should be upheld. the question of whether the city should adopt a statement of overriding considerations and approve the project is a subject of the board's deliberations on the general plan amendments, the planning code amendments, and the development agreement. regarding hazardous materials, the entire project site has undergone environmental testing, which includes soil sampling. the findings of the environmental testing are summarized in the hazards and hazardous material section of the eir and are documented in detail in appendix "m" of the eir, including over 4,000 pages of information related to hazardous materials on the project site. the eir disclosed that

implementation of the project would result in significant impacts related to hazardous materials and identified five mitigation measures to reduce those impacts to less than significant levels. in response to recent information about a radioactive object being discovered at hunters point, india basin is distinctly different from hunters point. the object discovered at hunters point was a deck marker from a navy vessel. the navy never occupied india basin and the navy never operated at india basin. it's unlikely any radioactive objects similar to the one discovered at hunters point would be discovered at india basin. one of the eir's mitigation measures, mhz-2-a requires the representation of a contingency plan that would address unanticipated conditions or contaminates encountered during construction activities.

the contingency plan would be subject to approval by the department of public health. the project is also required to comply by a process for identifying, investigating, analyzing, and when necessary remediating hazardous substances in soils. regarding language access, the department has translated notices and documents into languages other than english, specifically when the department published the notice of availability of the draft eir, the department translated the notice into chinese, spanish, in addition, build, one of the project's sponsors, translated the summary chapter of the draft eir into chinese and spanish. all of these translated documents were posted on the department's website with. by these actions, the department provided opportunities for a meaningful participation to all members of the community, including members of limited english proficient communities and they were afforded full

opportunity to participate in the process. although the department did not provide a spanish version of the notice of preparation of the eir to greenaction due to an administrative oversight, this did not warrant recirculation of the notice of preparation. there was ample opportunity for meaningful comment at the draft eir stage and the department responded fully to all draft eir comments in the responses to comments document. regarding the banya, as i stated earlier, the eir does include the banya as an adjacent land use that could be affected by implementation of the project. the banya's a privately owned commercial use with a privately accessible roof deck used by its clients. loss of a private view is not a physical environmental impact under ceqa. in conclusion, the appellants have not provided substantial

evidence to support their claims that the eir is inadequate. for these reasons, the department recommends that the board uphold the india basin eir and deny the appeal. the department's project team is available to answer questions. oewe and the project sponsors, build and the recreation and park department are here, as well. thank you. >> president cohen: all right, thank you very much. supervisor peskin? >> supervisor peskin: thank you, madam president. i am concerned about what i consider to be tantamount to document dumping, which is when i come into a hearing and in the middle of the hearing, not only members of the public, but then somebody dumps new mitigation measures on my desk. that is not the way this process is supposed to work. i think i understood what you

said, which is that the air quality management district agreed with your conclusions, but you seem to be under the impression that you could not put these mitigation measures in the eir. this seems unorthodox at best. i mean, when you're adding mitigation measures, it means to me that the mitigation measures that you had were inadequate. so i've been doing this on and off for getting on 20 years, i've never seen the department dump mitigation measures on the board in the middle of a hearing that the public has never seen before. that -- i mean, one of the fundamental underpinnings of ceqa is transparency and is public involvement and is that iterative process, so this is -- seems like that in and of itself is contrary to what ceqa

intends, which is a real public involvement and input and people should come here and be able to say your mitigation measures aren't adequate and you need additional mitigation measures. that's why the legislature requires environmental documents to be appealable to an elected body. so i'm not sure, i mean -- i don't know what your response to that is, but this is janky. >> president cohen: supervisor -- i'm sorry. i'm going to give the department an opportunity to respond and then we'll go to supervisor mandelman. >> good afternoon, president cohen, i'm lisa gibson, environmental review officer. i'd like to respond to supervisor peskin's question, if i may. supervisor, i'd like to assure you that this is a situation that we are responding to in real-time. this has been something that arose to us and was raised as a

comment by the air district staff to our staff member jessica range, who is here and can speak on this more fully. the information that we provided to you and to the members of the public is to amend a mitigation measure by adding to it a provision that is recommended by the air district. it is a mitigation measure that has been included in the environmental impact report and as michael lee already noted, the eir finds that the air quality impact of the project, with regard to construction, would be significant and unavoidable, so the eir does acknowledge that the mitigation measures would not effectively avoid or lessen the impact to a less than significant level. this additional provision, which relates to a type of fuel that the air district recommends be used and included in the measure does not alter the conclusion of the eir regarding the severity

of significant impacts, but it does in the opinion of the air district, in which we share, we believe that it strengthens the measure because the type of fuel is one that would actually reduce emissions. so we do also face information that comes at us sometimes in the day of a hearing and i can assure you this is not something that we've upheld. we're providing it to you at this hearing at the earliest opportunity we felt we could do that. >> supervisor peskin: if i may, madam president. >> president cohen: supervisor peskin. >> supervisor peskin: all these documents go to the state clearinghouse and various agencies like the air district. did they not get it? did they wake up one day before the planning commission for certification, i mean how is it that presumably renewable diesel didn't just get invented this

morning. >> i'd like to ask jessica range to address this, but to the first part of your point, yes, indeed, we have distributed this environmental impact report and the earlier notice of preparation to state regional agencies that include the air district and this is not a comment we received previously. >> jessica range, planning staff. yes, everything that lisa said is correct. we are responding in real-time to comments verbally from air district staff making recommendations to the eir's mitigation measures. we agree that renewable diesel can be something that can be included. there is a question about whether this is a feasible type of fuel to use. it is used in san francisco by muni and the port, but whether

it is commercially available to all contractors, it's not like it is at your regular a.m./p.m., not like you can go fill it up at the gas pump. so there is some question about whether it is commercially available to contractors. and so that is why it may not be feasible. >> president cohen: supervisor mandelman. >> supervisor mandelman: yeah, i put myself on, took myself off. sounded like you got this comment today, so the air district woke up and decided they would make this comment and then you are trying to respond to that comment. it was significant and unavoidable with this additional mitigation still significant and unavoidable, right? >> yes, lisa gibson again. that's correct and i'd also like to make the point that the eir is adequate as written. this additional revision, again, ask not alter the adequacy,

accuracy, or objectivity of it, and even without it, it would be sufficient. >> president cohen: supervisor fewer. >> supervisor fewer: yes, i just have a question on the testing of the soil in that area and can you tell me about a little bit about the testing that was done and the results? >> from the planning department through the chair, the appellant did bring up that there was no testing on this site, but that is not true. there was, as part of the analysis for the eir, the project site did undergo environmental testing, which included soil samples, and they are indicated in the draft eir starting at page 3.16-3, and the type of testing and documentation for the project site is included in appendix "m" of the project eir and briefly summarized and just to briefly

summarized what was done, not going to go into too many details, but there was a site characterization report presenting the results of on-shore sampling activities undertaken in the late 2016 and offshore sediment sampling undertaken in march of 2017 for india basin shoreline park. at 900 innes avenue a site characterization report presented results of on-shore sampling activities undertaken in 2016 and offshore sediment sampling in march of 2017. as well as at india basin in the india basin open space, and at 700 innes avenue there was a site mitigation plan conducted last year. the eir did disclose that the project would result in significant impacts and identified five mitigation measures, and they are noted as

m-hy-1-ab, and then mhz-2-a through b that would impact through less than significant levels, and as we did discuss in the document, environmental testing was conducted for the entire project site, including the build portion at 700 innes, and there was a technical memorandum that stated in appendix "m" of the draft eir on pages 4166 through 4172, it explains the environmental testing rationale for all properties within the project site and summarized the extent of radiological contamination at the adjacent shipyard site. the technical memorandum states there were no indication of materials associated with radiological contamination, such

as radiological debris or sand blast material noted during the sub surface investigations within the project site. in addition, a review of the regulatory documentation of the investigations and remediation activities at the nearby areas of hunters point naval shipyard show no evidence radiological contamination has migrated or threatens the project site. there are many details about what the testing found and what it has not found, but as michael lee stated in his presentation, there is a contingency plan just in case there are materials that are found that were not anticipated during the soil sampling, but during construction if they do find contaminants that they didn't anticipate, then work will stop and then they'll have to do some further testing and remediation under the department of public

health. >> president cohen: supervisor fewer, does that answer your question? >> supervisor fewer: i'm glad that you mentioned about the testing also in relation to the hunters point shipyard site, because this area in general, i think, has had so many contaminants in it, and my main concern is that are we -- how we test it for whether or not it's a cumulative sort of effect of what is happening all within the shipyard area and the hunters point area, so this is completely adjacent to it. and so we had heard before in other testimony that soil samples were sent, soil was shipped to other areas of the area. we had heard testimony that people said they saw other -- much of that soil being

transported to other areas in the bayview-hunters point area and also near the shipyard, and so my main concern was that if we did adequate testing to see whether or not any of that residue has also gone over to the india basin area. so thank you very much for your answer. >> president cohen: supervisor? >> supervisor ronen: thank you. i just had a question about the notice in different languages. i know that you had said that was a mistake, but could you walk us through what you noticed in what languages and when? >> so trying not to give you all these acronyms. at the beginning of the environmental impact report process, we determined an

environmental impact was necessary, so the department has to send out a notice saying, hey, we're preparing an environmental impact report, and that's called a notice of preparation, and that just -- that's even before we scope what's going to go into the environmental impact report. we kind of guess based on going through the checklist what we might find out there, but knowing that we're going to do a full-blown environmental impact report, we ask that the neighbors respond or any regional agencies or state agencies, and the local agencies can tell us what they feel might, you know, things that we may find. so that was the notice of preparation that went out, and it was in english. greenaction did request that it be translated. we did get it -- the notice, just the notice of availability translated into spanish, and unfortunately that was never

transmitted to greenaction, and we did -- we did disclose that. it just never got to them. but there was still opportunities, other opportunities during the environmental process where we could translate. so for the draft eir notice that was translated into spanish and chinese and build inc. also translated the executive summary, which is that first portion of the environmental impact report that states all the impacts and mitigation measures. [ please stand by ]

>> it was only spanish. which is not your normal practice. normally you would translate in all three languages. >> only if requested.

we're only required to translate. >> did they request in all three languages? >> i can't recall. he is saying yes. that is for the notice of preparation. but understand that. >> ok. thank you. >> i have a follow-up question too, with supervisor about language action. we have a language access ordinance. are you not included or obligated to up hold the language access ordinance? >> yes, we have a language access ordinance. we have one specific to the planning department. we do have -- >> hold on. when you say it's specific to the planning department. that implies it's separate or different from the one that we operate with. it's one and the same? >> lisa gibson. yes, to clarify we have a document that's a standard

operating procedures from employees of the department. we are required to follow the city's language ordinance on separate ordinance. >> for what reason -- from start to finish, do then tying noticinthe the entirenoticing o? why does the appellant have to request -- >> it's what the ordinance requires. it's that the city must make available documents to non native english speakers upon request. >> president cohen: only when requested. supervisor peskin. >> through the present to ms. gibson, respectliful, i understand it's your position that the document is adequate. and you can make that assertion. it's ultimately up to this body to make that determination.

i just want to kind of remind you of that and i understand that you have a lot of time invested in it and that you are a professional. i under to go back to the mitigation measure. >> whether it reduces the pollution you would consider significant, no one has had a chance to comment on this adequacy. so let me take a crack at it. i think this mitigation measure is inadequate. i think it is inadequate for the following reasons. i think the way it is written, it is very easy to avoid any manner. i think that if this mitigation

measure is to have any meaning, words like the cost of renewable diesel must be within 10% of market price, have you done any analysis of whether it's within 10% of market price? i mean, we have millions of gallons of renewable diesel. we the city and council of san francisco. i was on the board a decade ago when muni retooled it's fleet. is that commercially available. there's no real definition what commercial availability means. yes, it's not available at the ampm. does that mean that the project sponsor, the develo developer ss not commercially available. it's 11% more. this is not