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HomeMy WebLinkAbout08.02.2017 Minutes @2:00Meeting will be held at: CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA WEDNESDAY, AUGUST 2, 2017 2:00 p.m. Court Reporter's Transcript (the "Transcript") of meeting attached and incorporated by reference into these Minutes. Call to Order: 2:00 p.m. Roll Call: Present: South San Francisco: Vice Mayor Normandy and Councilmember Addiego. San Mateo County Harbor District: Commissioner Chang Kiraly and President Mattusch. Public Comments: Absent: None. Comments reflected in Transcript. MINUTES OYSTER POINT LIAISON yoozx„sem COMMITTEE � y o of �g11F0�� THE SAN MATEO COUNTY HARBOR DISTRICT and THE OYSTER POINT MARINA LIAISON STANDING COMMITTEE of THE CITY OF SOUTH SAN FRANCISCO serving as THE OYSTER POINT MARINA JOINT POWERS AUTHORITY AGREEMENT LIAISON GROUP P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting will be held at: CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA WEDNESDAY, AUGUST 2, 2017 2:00 p.m. Court Reporter's Transcript (the "Transcript") of meeting attached and incorporated by reference into these Minutes. Call to Order: 2:00 p.m. Roll Call: Present: South San Francisco: Vice Mayor Normandy and Councilmember Addiego. San Mateo County Harbor District: Commissioner Chang Kiraly and President Mattusch. Public Comments: Absent: None. Comments reflected in Transcript. Motion to approve the minutes from the meeting of April 17, 2017. No Action Taken. Comments reflected in Transcript. 2. Implementation Agreement between the Harbor District and the City of South San Francisco related to the 2011 MOU Approved by the Harbor District, City of South San Francisco and South San Francisco Redevelopment Agency. No Action Taken. Comments reflected in Transcript. Adjournment Being no further business, the meeting was adjourned at 3:35 p.m. Submitted: Approved: Gabriel Rodriguez, Deputy City Clerk Mark Addiego, Vice Mayor City of South San Francisco City of South San Francisco i "Chang,President San Mateo County Harbor District Approved by the Harbor District Standing Committee: 12'/ M -/ %q JOINT CITY OF SSF HARBOR DISTRICT STANDING COMMITTEE AUGUST 2, 2017 MINUTES PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF SOUTH SAN FRANCISCO CITY COUNCIL HARBOR DISTRICT LIAISON STANDING COMMITTEE SPECIAL MEETING REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS WEDNESDAY, AUGUST 2, 2017 2:00 PM CITY HALL, CITY MANAGER'S CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO, CALIFORNIA Reported by: Siew G. Ung, RPR, CSR No. 13994 UCCELLI & ASSOCIATES Certified Shorthand Reporters 1243 Mission Road South San Francisco, CA 94080 www.UccelliReporting.com E-mail: [email protected] Tel: 650.952.0774 Fax: 650.952.8688 Silicon Valley: 408.275.1122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 ATTENDEES THE LIAISON STANDING COMMITEE: LIZA NORMANDY Vice -Mayor, South San Francisco TOM MATTUSCH San Mateo County Harbor District Board President VIRGINIA CHANG KIRALY Commissioner, Harbor District MARK ADDIEGO Councilmember, South San Francisco THE SUPPORTING PANEL PRESENT: MIKE FUTRELL City Manager, South San Francisco STEVE McGRATH General Manager, San Mateo County Harbor District STEVE MATTAS Assistant City Attorney, South San Francisco STEVEN MILLER Attorney, San Mateo County Harbor District KRISTA MARTINELLI City Clerk, South San Francisco GABRIEL RODRIGUEZ Deputy City Clerk, South San Francisco OTHER SPEAKERS: WILLIAM KINNEBREW Fathom Marine SABRINA BRENNAN KATHRYN SLATER -CARTER 408.275.1122 Uccelli & Associates 650.952.0774 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 SOUTH SAN FRANCISCO, CALIFORNIA AUGUST 2, 2017; 2:00 P.M. VICE MAYOR NORMADY: So good afternoon. It is 2:00 o'clock. We're going to call this meeting to order. So just for the record, this is a special meeting with the City Council and Harbor District Liaison Standing Committee. So I'm going to ask our city clerk, Krista Martinelli, for a roll call. THE CLERK: President Mattusch. BOARD PRESIDENT MATTUSCH: Here. THE CLERK: Commissioner Chang Kiraly. COMMISSIONER CHANG KIRALY: Present. THE CLERK: Vice Mayor Normandy. VICE MAYOR NORMADY: Present. THE CLERK: Councilmember Addiego. COUNCILMEMBER ADDIEGO: Present. VICE MAYOR NORMADY: Perfect. So there are two speaker cards. I am going to call up William -- help me with your last name, please. MR. KINNEBREW: Kinnebrew. VICE MAYOR NORMADY: Thank you. Do you want to come on up and sit right there. MR. KINNEBREW: Sure. Good afternoon. My name is William Kinnebrew, 408.275.1122 Uccelli & Associates 650.952.0774 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 and in June of 27- -- 2017, my partner and I, Issac Crawford, started Fathom Marine to continue the services that Drake Marine had previously provided. Together we have over 30 years of combined experience in marine maintenance and repair industry. Some of our certifications include: Yamaha Outboards -- Issac Crawford is the only certified technician for Yamaha on the peninsula. Volva Penta, Scania, Mercury/Mercruiser and Yanmar. Due to the changes at Oyster Point Marina, Drake Marine stopped operations in May of 2017. Drake Marine had been providing repair services to the Oyster Point Marina and its boaters for over ten years. Some of the customers include: The San Mateo County Sheriffs Department, the South San Francisco Fire Department, Redwood City Fire Department, San Mateo County Harbor District, Vessel Assist, The U.S. Coast Guard and Navy, the Americas Cup Team and countless recreational boaters. Marine maintenance and repair services are essential to the boaters of San Francisco Bay and the Peninsula. The services provided at Oyster Point Marina are the only marine services provided on the peninsula and in San Francisco. In additional to the essential maintenance 408.275.1122 Uccelli & Associates 650.952.0774 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 services, Oyster Point Marina is one of only two full-service fuel docks on the peninsula that provide both gas and diesel fuel. Oyster Point Marina also provides services to dispose of hazardous materials related to maintenance and services such as: Fuel, fuel filters, oil filters and antifreeze. If these maintenance serv- -- if these marine services are removed from the Marina where they belong, the cities in the surrounding areas will have boaters in violation of many city and municipal codes, performing maintenance and services on their boats in the streets in front of their homes. Fathom Marine's goal is to partner with the San Mateo -- San Mateo County Harbor District and the City of South San Francisco to continue to provide marine services at competitive prices while providing first class customer service. We are currently working on a business plan to provide to the Harbor District, which will encompass management of the fuel dock and maintaining access to the services that will help Oyster Point Marina to continue to grow and flourish. VICE MAYOR NORMADY: All right. MR. KINNEBREW: Thank you. VICE MAYOR NORMADY: Thank you, William. 408.275.1122 Uccelli & Associates 650.952.0774 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 I'm going to defer the second speaker card to President Mattusch. BOARD PRESIDENT MATTUSCH: Sabrina Brennan, we have a three-minute limit, and I don't know who is timing our speakers. MS. BRENNAN: Yes, thank you. BOARD PRESIDENT MATTUSCH: I presume you are speaking as a member of the public and not a member of the Harbor District otherwise I'm going have to say that your comments -- MS. BRENNER: I'm Sabrina Brennan, and I'm speaking as a member of the public. Thanks for the opportunity to address this committee. I just wanted to mention that it's been requested that these committee meetings be noticed and agendized as Special Meetings of the City Council and of the Harbor Commission, and that request was made specifically so that the full Board of Harbor Commissioners and the full City Council would be able, if they wished, to attend these meeting and ask questions and learn from the experts that come here -- and the attorneys and the managers and so forth. These are complex issues, and they impact the Harbor District significantly. We are a small district, so I think it's valuable to notice these meetings so 408.275.1122 Uccelli & Associates 650.952.0774 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 that all Harbor Commissioners and City Council members, if they wish, are able go attend and participate and ask questions. So I would just ask that this committee consider that going forward. Thank you for your time. BOARD PRESIDENT MATTUSCH: And I'd like to state for the record, that as we have three commissioners here, we will not be welcoming any more comments from Sabrina Brennan. MS. BRENNAN: You -- you cannot block me from making public comments. Sabrina Brennan. I'd like to get back on the record, and -- BOARD PRESIDENT MATTUSCH: Sabrina -- MS. BRENNAN: -- you cannot block me from making public comment as a matter of the public. BOARD PRESIDENT MATTUSCH: I file for recess right now. (Five-minute recess.) BOARD PRESIDENT MATTUSCH: Let's call our meeting back to order. If you don't mind, we have another speaker card. VICE MAYOR NORMADY: So in reference to -- I'm going to call Kathryn Slater -Carter in reference to background on the proposal. MS. SLATER -CARTER: Thank you. 408.275.1122 Uccelli & Associates 650.952.0774 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 Kathryn Slater -Carter. I somewhat follow things at the Harbor District and have not noticed that this has been a point of discussion for the Harbor District. So I'm curious and would appreciate, when you get to this agenda item, the background on how these documents got so far along without having gotten comments from the Harbor District Board itself. So -- and perhaps you could throw in whether South City has been discussing this all along or whether it's somewhat drafted without South City's input too. Thank you. VICE MAYOR NORMADY: Great. Krissy, is there any more public comment? THE CLERK: I don't have any. MS. BRENNAN: I turned in a public comment card both for public comment and also for -- I don't have the agenda in front of me, but the agenda related to item -- item -- I believe it was two. VICE MAYOR NORMADY: So I have -- I have item two that you already spoke on, Ms. Brennan, so I'm going -- MS. BRENNAN: I did not speak to two. I you spoke to public comment. VICE MAYOR NORMADY: So unfortunately, due to -- due to the study session -- and there's three 408.275.1122 Uccelli & Associates 650.952.0774 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 commissioners, I will not be hearing you on item number I two. MS. BRENNAN: You will not be hearing public comment? This is -- for this the record, this is Sabrina Brennan speaking. And I just want to make sure I understand what you are saying. Are you saying that there will be no public comment on item 2? BOARD PRESIDENT MATTUSCH: We're closing public comment to you because it's a Brown Act violation. MS. BRENNAN: I put in a -- I put in a speaker slip on item two, and I'd like to speak as a member of the public on item 2. It's within the law for me to speak on item 2. BOARD PRESIDENT MATTUSCH: It's not within the law. MS. BRENNAN: It is within the law. COMMISSIONER CHANG KIRALY: Madam Chair, madam Chair -- Liza and Tom, can I ask you a quick question? I thought for special meetings we were only obligated to have one open public comment, and that's it; is that correct? VICE MAYOR NORMADY: I'm going to refer this to our attorney. MR. MATTAS: So the agenda includes a public 408.275.1122 Uccelli & Associates 650.952.0774 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 comment section for the items on the agenda, and as long as the speakers are allowed their three minute then the public comment activities are provided. If the speakers want to provide anything further they can provide it in writing to the -- to the commission. COMMISSIONER CHANG KIRALY: So we technically close public comment? MR. MATTAS: To -- to be clear, I'm advising it. COMMISSIONER CHANG KIRALY: Oh, I'm sorry. MR. MATTAS: So -- so the Council -- the Liaison Committee has already entertained the public comments, so you do not need to entertain further public comments on these items. COMMISSIONER CHANG KIRALY: Okay. VICE MAYOR NORMADY: Thank you. MS. BRENNAN: So just -- just to be clear, I have a question for counsel. I was able to comment during public comment -- COMMISSIONER CHANG KIRALY: This is the study session. MS. BRENNAN: -- but I was not able to comment on item 2. I am -- I want to make sure it's on the record that I'm being blocked from commenting on item two. 408.275.1122 Uccelli & Associates 650.952.0774 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 I have a prepared comment that I would like to read. It's under three minutes. I'd like to make it on item two. I would appreciate not being blocked from commenting on item two as a member of the public. BOARD PRESIDENT MATTUSCH: Anything you say and do here is a Brown Act violation because you are a member of the San Mateo County Harbor District, and you are further digging yourself a hole by speaking at this after being warned not to. COMMISSIONER CHANG KIRALY: So can we get to item number 1 and deal with the approval of the amendments from the last meeting? MS. BRENNAN: If you believe -- if you believe that to be true, let me make my hole, but I'd like to make a public comment on item number two. VICE MAYOR NORMADY: So Sabrina -- or Commissioner Brennan, I'm going to close public comment as in your position so we -- this is not a violation of the Brown Act so we can continue the study session and -- and ensure that we have some time -- THE WITNESS: You have not gotten to item two yet. I would like to comment on item one. COMMISSIONER CHANG KIRALY: Can we do item 1, please. VICE MAYOR NORMADY: Can we do matters of 408.275.1122 Uccelli & Associates 650.952.0774 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 consideration that have item number one? Krista, please. THE CLERK: Motion to approve the minutes from the meeting of April 17th, 2017. BOARD PRESIDENT MATTUSCH: Am I correct then, that the minutes not be approved? There are far too many spelling errors. There's syntax errors. There's a number of things I'd like reviewed and corrected prior to our approving the minutes. COUNCILMEMBER ADDIEGO: I concur with President Mattusch. I -- I -- I don't always read my minutes. I'm so happy that I did this time. I had attempted to correct an error at the previous meeting, the description of a valve, and the proper terminology for the valve, on page 6, and it doesn't -- the correction doesn't appear as I intended. Moving deeper into the minutes, there was -- I know sometimes I'm a little incoherent, but I can't believe I'm this bad. So my -- the transcript is: "Okay. So it -- it seems to be -- make our even more necessary." VICE MAYOR NORMADY: Yeah. COUNCILMEMBER ADDIEGO: I don't think that's me. And then Commissioner Mattusch is much better spoken, and his was, "There were a number of docks that 408.275.1122 Uccelli & Associates 650.952.0774 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 were operated by Drake Marine or used by them, and their condition has not got much --" COMMISSIONER CHANG KIRALY: Well, so I actually. There were actual -- I looked at -- I read the minutes a couple times, and there were comments attributed to the wrong -- MALE SPEAKER: Yes. COMMISSIONER CHANG KIRALY: -- member of the committee. So I just want to make sure that all those things are corrected and proofread again. And so I'm with -- for commissioner -- commissioner -- Councilmember Addiego and President Mattusch. And so you are suggesting maybe approve this at the next meeting? MALE SPEAKER: Yeah, with corrections. COMMISSIONER CHANG KIRALY: Yeah. With corrections. Okay. VICE MAYOR NORMADY: Is that enough? You don't need any corrections? MALE SPEAKER: Yeah. That's fine. I don't need corrections. VICE MAYOR NORMADY: Item number 2, Krista. Thank you. THE CLERK: Item number two. Implementation agreement between the Harbor District and the City of 408.275.1122 Uccelli & Associates 650.952.0774 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 South San Francisco related to the 2011 MOU approved by the Harbor District, City of South San Francisco and South San Francisco Redevelopment Agency. MR. FUTRELL: I have a report that I believe, Steve, you'd like to open. MR. McGRATH: I would. I'd like to thank the council members and commissioners and South City staff. This has been a topic of conversation, the relationship between South City and the District. And we started off at the Board of Commissioners talking about the JPA in February of this year -- in March of this year. The Oyster Point Committee had a meeting -- spoke with -- talking about the JPA and -- and specifically also Drake Marine, both boat storage and the fuel dock. In April of this year, this committee also met again and identified the need for this implementation agreement and had some significant discussion at that time as well about the fuel dock. So I'd like to just recognize the effort that has gone in sofar into getting us to this point. I think that the -- the agreement itself is a simple agreement to facilitate the completion of the activities. VICE MAYOR NORMADY: Mr. McGrath, I'm going to 408.275.1122 Uccelli & Associates 650.952.0774 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 pause really quick. Commissioner Brennan, if I can excuse you from this table and have you sit in the audience. I item 2. MS. BRENNAN: I'm waiting to make comment on VICE MAYOR NORMADY: I'm not opening comments for item 2. MS. BRENNAN: I'm just going to wait till you make comments on item 2. VICE MAYOR NORMADY: Then I'm going -- I'm going to call a five-minute recess, because this is -- these disruption we are not able to conduct the meeting. MS. BRENNAN: I'm not disrupting the meeting, you are. VICE MAYOR NORMADY: I'm asking you to remove yourself from the table so we can go through the staff report and the presentation. THE WITNESS: I'm sitting at the public comment position waiting for my public comment. I'm not interrupting the meeting, you are. I'm listing to the staff report. COMMISSIONER CHANG KIRALY: Can we clear the chair? Can we clear the chair. VICE MAYOR NORMADY: This is not a special meeting, Commissioner. 408.275.1122 Uccelli & Associates 650.952.0774 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 COMMISSIONER CHANG KIRALY: So, very quickly, the optics of this looks like there are three commissioners at this table, which would be a violation of the Brown Act since the public comment period has been closed. So I concur with you. If you'd like to have a five-minute recess, you can do that. It's up to the chairs. VICE MAYOR NORMADY: I'm going to call a five-minute recess. (Recess taken.) VICE MAYOR NORMADY: So we are going to move forward with staff reports. Mr. McGrath, you may proceed. MR. McGRATH: Thank you. To briefly recap, I want to thank the council members and the commissioners for this meeting today. From the District side, we have talked about our relationship with South City, not just in 2016 and before, but in February of this year and again in March of this year when we started talking about the fuel, and in April of this year with this committee -- the liaison committee where we talked about the draft -- developing an implementing agreement and specifically focusing in on the fuel as an issue that needed to be addressed. 408.275.1122 Uccelli & Associates 650.952.0774 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 As it says in the staff report, this implementation agreement is simply intended to assist the City and the Harbor District in implementing the 2011 MOU agreement and proposed Oyster Point development including 1C and 2C infrastructure. Certainly, the -- the staff will receive input today and bring this back to the respective bodies. I know that City Manager Futrell has prepared a PowerPoint and I'll turn that over to him to show the PowerPoint, ask questions and be prepared for any detailed discussions with the committee and citizens. VICE MAYOR NORMADY: All right. Thank you, Mr. McGrath. Mr. Futrell. MR. FUTRELL: Thank you. And thank you, Steve. I will, before I start reiterating. It has been -- it seems a lot longer than three months that I've been working on this. It has bit contentious. I think we have reached a place where staff -- both staffs, are ready to recommended this agreement to, first, this body and then later to full Commission and full City Council, which clarifies our earlier 2001 agreement, which was passed by the City Council at that time. 408.275.1122 Uccelli & Associates 650.952.0774 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. McGRATH: 2011. MR. FUTRELL: What did I say? BOARD PRESIDENT MATTUSCH: 2001, 2011. MR. FUTRELL: 2011 agreement. MR. McGRATH: MOU. MR. FUTRELL: -- which was passed at that time by the Harbor District Commissioners and by the City Council. So I do have a presentation, the beginning of which I'm trying to put this -- what we're doing into some context, and to Kathryn Slater -Carter's comment earlier of trying to understand how this fits in the big picture, what we are doing -- and we think it's our worth our time to spend a few minutes to review that before we, again, go into a deep dive into the nitty gritty of this particular detail. So, South San Francisco is the world's largest biotech cluster. 215 biotechnology companies east of 101 now coming into west of 101, with four of the -- Four of the five largest pharmaceuticals in the world are in South San Francisco. They are -- approximately 34 percent of these companies are doing cancer research. A growing number are doing aging -- aging research: Parkinson's, Alzheimer's. We have two Google -backed companies in town also doing life science 408.275.1122 Uccelli & Associates 650.952.0774 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 I work. This is a map of the entire Oyster Point area. Everything in color is biotechnology as it stands today. Now, so you can see -- in context, this is the Marina and the area currently controlled by the Harbor District under the JPA from 1977. It didn't look like this in 1977, but this map is continuing to turn colors as old warehouses are being torn down and turned into cutting-edge biotechnology. As Mountain View and Sunnyvale may be considered the heart of Silicon Valley, South San Francisco is the heart of biotechnology in the world and the largest cluster. I want to take a minute and just watch something. This was put on by The Cove. You have seen this under construction off 101. But it's worth putting it in context of what we're trying to accomplish. (Video plays.) MR. SOMEBODY: This is just up the street from Oyster Point Marina. So if you are driving north on 101 you'll see this campus under construction. We are building seven biotech buildings plus a Marriott hotel. The first two buildings are finished and occupied, there's research ongoing. Buildings two -- three -- three and four will be finished in a couple of 408.275.1122 Uccelli & Associates 650.952.0774 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 months and are fully leased to biotech companies. Buildings five and six are under construction, and I understand they are already preleased even though they are not complete. Building seven will likely start next year. The Marriott hotel opens in less than 30 days. This is the world that Oyster Point Marina lives in and that Oyster Point Development that we will talking about will become a part of. If you look at Oyster Point Development, what is the vision for this? It is a 2 billion -dollar remake of the waterfront in South San Francisco. Their current proposal, 1.1 million square feet of biotech labs combined with 1,200 residential units, which will be nestled around the lower marina retail, 30,000 square feet of retail, 2 billion dollar private investment into the waterfront. Now, this will be the new entryway after they tear down the hotel and the eatery out there, providing a main boulevard with views of the bay, new road infrastructure, new bay trail, sea -level -rise protection, new landfill cap, new parks, remodel and reopen the public beach and provide outdoor event space. This will be the view coming from the ferry, and this would be, on the right, the Marina operated by the Harbor District. 408.275.1122 Uccelli & Associates 650.952.0774 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 As you go a little further along, there will be outdoor cafes and restaurants. This is -- these are the plans that were turned into BCDC last month, Mary? FEMALE VOICE: Yes. MR. FUTRELL: On how to they plan to reshape and remake the bay trail and all of the infrastructure out there in an environmentally sustainable way, a tremendous leap forward in quality of what's currently there. Again, this is still the BCBG presentation. The marina -area improvements, marina lawn area, and you can see on the left again, the marina operated by the Harbor District and a greatly improved public beach. There is a public beach that most people have forgotten about because it's fallen into terrible disrepair, completely reshaping this and making it an active beach again. The coastal meadow, this was something that BCBG was particularly excited about, to maintain that ecosystem along the bay trail. Waterfront lounge areas so people can enjoy that San Francisco bay. And again, this is their vision of where they are going out there, the City is very supportive as are our residents, and it's time that our beachfront coastal area was improved. 408.275.1122 Uccelli & Associates 650.952.0774 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 This all started in 2011 with a company named Shorenstein. The City and Shorenstein negotiated for several years, the Harbor District was part of those negotiations. The MOU that was mentioned was actually passed in 2009 followed by another agreement with the Harbor District in 2011, which is the one we're dealing with today. For reference, the area in red is what was owned by Shorenstein -- is now owned by OPD. The area in blue is the area controlled by the Harbor District under the JPA. The yellow are what's referred to as the King leases. Many, many years ago, the Harbor District leased those properties, I assume, to someone named Mr. King who turned it over to many, many people. Shorenstein, with this deal, bought the King leases, and it's under those leases that Drakes Marine operated as well the small hotel. As part of 2011, there were a series of agreements. Three. The City of South San Francisco entered into a agreement with Shorenstein, Oyster Point Ventures as a DA and a DDA, a development agreement and a disposition and development agreement. The City and the Harbor District also entered into an agreement in 2011, the purpose of which was to really try to look into the future and forecast what type problems would 408.275.1122 Uccelli & Associates 650.952.0774 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 arise, how would -- once construction started here, how would these two entities work together to make this successful. Now we are on the cusp of construction, and as we are working through this 2011 agreement with the Harbor District, now actually looking at real drawings, real numbers, we have found there are some vague elements here, some things that could be tightened up, and that was the genesis of the implementation agreement to tighten up this agreement so that this 2 billion -dollar development could move forward and achieve that vision. The 2011 agreement -- first, it references the DA and DDA. It ties the two together. It removes land from the JPA, and that should happen September 29th of this year. That's the trigger date when certain parcels will come out of the JPA and be conveyed legally to OPD. They will own the land at -that point. The City pays the Harbor District $2 million under this deal, and the City has paid this, and it's important to remember that as part of this 2011 agreement in Oyster Point development now -- yeah, Oyster Point development, the Harbor District has received $2 million cash for this. There's a provision the City will provide, 408.275.1122 Uccelli & Associates 650.952.0774 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 under certain circumstances, office space to the Harbor District, and the Harbor District in the agreement retains 40,000 square feet on the waterfront for future lease. And as well appreciated -- it may be a ferry village perhaps. But the opportunity to develop and then earn revenue from future leases out there in this 40,000 square foot. It dedicates -- as Exhibits B & D, which details the site of the ferry village as well as a City -sponsored hotel and recreation space. There we go. 2011 exhibits, just for reference, do show the space for the ferry village here, future hotel and recreational play fields via operation -- operation by the City. This is also on a big board for future reference, but this is the current drawing from 2017 with a lot more detail of what is going to be built out there. Again, it shows the hotel space and the open space, but also shows the rebuilt parking areas, new public and private restrooms. The private restrooms would be for the use of the liver [sic] boards and other visitors to the Marina through the Harbor District as well as the bay trail and the new boulevards -- so a new way to get to Oyster Point. The road that is currently used around the 408.275.1122 Uccelli & Associates 650.952.0774 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 bottom will be -- will go away, and it will have new tree -lined boulevards along with the parks. That was a bit lookahead -- so 2016, Oyster Point Ventures changed to Oyster Point Development. Oyster Point Ventures, which was backed by the Shorenstein company sold its interest to Oyster Point Development, which many people call Greenland. Greenland U.S.A. is the largest investor. There are actually four investors in the project, and the technical name for it is Oyster Point Development. In June of 2016, the city council approved the transfer from OPV to OPD, and in that same month, the Harbor District approved the transfer of what we call the King leases from OPD to OPV [sic]. Since that time, since August of 2016, Oyster Point development has hired contractors, designers, landscape architects, and they are on the cusp of beginning construction to make this real. The 2017 implementation agreement we are here today to discuss, again, is meant to massage around the earlier 2011 agreement where there may be some vague terms and things that need to be cleaned up, and it does principally four things: It makes clear that Oyster Point Development has site access to make the improvements -- that they can actually go onto the site, 408.275.1122 Uccelli & Associates 650.952.0774 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 legally and begin construction. It makes clear that the king leases are terminated. They own the King leases and they will be building buildings in biotech. So those releases are terminated. And it makes clear that the hotel and recreation sites that we saw earlier are removed from the JPA entirely, and the City is pursuing those two as was the intent. And a few feature provides for a new fuel dock and fuel line system for the Harbor District. That merits a little further discussion. Over the past three months, Harbor District staff has been, I would say, enthusiastically pursuing an opportunity to rebuild and fix the fuel line out at Oyster Point Development. They have -- Harbor District staff has made a very compelling case that a fuel line is an essential element of a successful Marina, and we have included it in this implementation agreement. So what it will do -- and -- this is the best map we had -- it does show the fuel line in red. The -- there are underground tanks. So first -- by reference, this is the roundabout out there. The yacht club would be here, if I'm not in the way. Over here there are underground fuel tanks that must be removed by 2025 by state law. There is a fuel line that runs underground, and then 408.275.1122 Uccelli & Associates 650.952.0774 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 once it hits the pier area, I think it goes above ground and runs out to a fuel dock here. So what this agreement does, once passed by both bodies is, first, provides $90,000 for immediate repairs -- that the City of South San Francisco will provide that money to the Harbor District for immediate repairs. There is an estimate that was provided, that shows it's 69,000, but what's envisioned and again, this -- this is really the harbor folk's daily work is: What do we need to do to keep it in operation and make it safe until we replace it. No one wants to spend money on parts of a fuel line which a year later we may rip out to bring in a new fuel line, but there is a general recognition that something needs to be done immediately. How do we pay for it? The City will step up and do that as part of this agreement. Number two, the replacement is funded, actually by OPV, through a community facilities district, which they have agreed to. They will pay a certain amount per square foot of the buildings that they build, and that money is dedicated towards replacement of the fuel system in its -- in its entirety at Oyster Point Marina. It's a $2.5 million investment. That again, enures to the benefit of the Harbor District and the 408.275.1122 Uccelli & Associates 650.952.0774 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 boat users out there. We do have language in the agreement because there are at least two lawyers in the room licensed to practice in California, and we have to envision what happens if the community facilities district does not occur. Forming a community facilities district in California is a lengthy process. We believe it will go to the City Council October 11th for its first look. And then there's a public process. And depending on how that goes, we will either get that finished in December, or at the latest, April. But we will certainly not have the CFD completely finished by the time there is groundbreaking on October 12th, which is our goal. So if -- if, for whatever reason the CFD does not come to pass, it envisions that, of course, the Harbor District could continue to operate the system and could replace it at its own expense if it chose to do SO. However, if the Harbor District decides we do not want to operate the fuel system or we do not want to invest the money in that, then the City is willing to step into the shoes of the Harbor District, and the City will, at its expense pay to decommission the fuel system, which really means, remove it. Those underground tanks must come out by 2025 regardless, and the City will take on that obligation as the landowner 408.275.1122 Uccelli & Associates 650.952.0774 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 under this particular agreement. So I will say, editorial comment from the City side, it's our belief this is a really -- Steve McGraw and his team have done a very good job of negotiating with the City to get first, $90,000 from a third source, and then find away to fund 2.5 million in dock and fuel improvements without it costing the Harbor District anything, and then, as a fail safe, the City will step in and decommission at its expense, the fuel system. So -- but we are not going to get a fuel system stand in the way of a $2 billion -reconstruction of our waterfront, and city staff is recommending to council that we agree to these terms. The benefits of the implementation agreement for the Harbor District, it makes clear the 2011 agreement. We don't want disputes or nagging vague questions about how it's supposed to work when OPD is ready to start construction. It does fund the 90,000 in the fuel dock. It does shrink the footprint that the Harbor District is responsible for at Oyster Point on the land side by removing the hotel site and the recreational area from the responsibility of the Harbor District. You no longer have to worry about O&M on those sites, and it does build new infrastructure supporting the Marina, which you saw earlier. 408.275.1122 Uccelli & Associates 650.952.0774 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 Much of that infrastructure -- well, I'd say all of that infrastructure is old and will be replaced in total. And I hope that does translate to a reduction in the maintenance cost for the Harbor District for the new bathrooms, the new bay trail, the new parking lots et cetera. From the City, it makes clear the 2007 agreement, and most importantly, it clears the way for a transformative waterfront development. So that's why we are really here. The staff is presenting to the committee today our draft of that implementation agreement which resolves issues that we have uncovered as staff, and opens the way for Oyster Point Development to begin construction. Look at next steps. We are here at the top, at the liaison committee. Assuming we are successful today or get enough direction to move forward, I'll recommended to the mayor that we present this at the September 6th full City Council meeting. It's my understanding that if things go well and we get it going, that there may be a recommendation to hear this on the September 20th full Harbor District meeting, and that is all in time for just, two and a half weeks later, the actual groundbreaking out at the site. 408.275.1122 Uccelli & Associates 650.952.0774 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 So that is staff report, and we are happy to answer any questions. VICE MAYOR NORMADY: Great, so thank you to our city manager, Mike Futrell and our general manager Steve McGrath. I'm going to open this up to the liaison committee for any questions for either of the two representatives. COMMISSIONER CHANG KIRALY: So this is -- this is a great PowerPoint presentation. You all have done a lot of work, and I appreciate that. My question is probably more fundamental than anything. Looking at -- and all I have is the electronic copy of the staff report and the attachments and the maps. And it's great that, you know, yeah, we have done things, financially, to make things get -- get this far, but I didn't see any -- I still didn't see, you know, projections on what is the Harbor District going to -- how are we -- I'm not trying -- I'm trying to make this sound as diplomatic as I possibly can. Based on the minutes from the last meeting, it sounds like OPD, which is now OPV, right? MALE SPEAKER: Other way around. COMMISSIONER CHANG KIRALY: OPV is now OP -- Okay. 408.275.1122 Uccelli & Associates 650.952.0774 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MALE SPEAKER: Yes. COMMISSIONER CHANG KIRALY: My impression is they were actually going to actually be more involved with financing and developing this fuel dock thing as the lessee. So that's one thing. Where -- where has that conversation -- in my opinion it seems -- well, the conversation seems to have fallen through the cracks, so I want to know what happened there. Two, the lessee situation and the sublessee, it sounds like there has been an assignment of the sublease. I don't know, based on today's public comment. And I'm not saying that it's good or bad, but we had a joint -- but we had a OPM, Oyster Point Marina committee meeting, Tom and I and Steve on July 24th, and it sounds like -- is it Fathom? They were -- they were already operating in June of 2017, so -- and I don't know if they -- if that's the case. I don't even know what's going on there because nothing was discussed at our July 24th meeting at the Harbor District's office. So -- and it seems like, financially, things are changing, and so while I understand that there's a public benefit for the City of South San Francisco, I'm trying to look at what the public benefit would be for the Harbor District and the rest of San Mateo County tax payers. 408.275.1122 Uccelli & Associates 650.952.0774 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 So that's not to say I'm against this, I just don't have the answers, so that's -- I want to kind of understand what happened between the last meeting and today because clearly the sublease has also been assigned to a new subleasee, which we didn't know about until today. MR. McGRATH: Mike, yeah. You take the first one and I take the second one? MR. FUTRELL: I'm not sure which you say is the first or the second, but go ahead. MR. McGRATH: Go ahead. The funding for the fuel dock and OPD, and then I'll address the lease issue. MR. FUTRELL: Okay. On the funding, the OPD says we will provide you the money, but we really don't have an interest in designing or building a fuel dock. COMMISSIONER CHANG KIRALY: They -- they -- so who suggested the CFD? MR. FUTRELL: The CFD came -- came from the City side. COMMISSIONER CHANG KIRALY: Right. MR. FUTRELL: Because. COUNCILMEMBER ADDIEGO: It was more than for the fuel line, the concept of the CFD. MR. FUTRELL: That is correct. The total 408.275.1122 Uccelli & Associates 650.952.0774 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 package of the CFD goes beyond the fuel line, and what it has been agreed upon is there would be a continuance, it would not include the money for the fuel line -- that there would be a continuing CFD for the benefit of the City to pay for continued maintenance of all of the nice amenities that were just shown -- COMMISSIONER CHANG KIRALY: Right. MR. FUTRELL: -- such as the public beach and the recreational areas. So -- so there -- the CFD has a bigger component. When the fuel issue came up, then the issue became: Well, it was acceptable to OPD to increase the size of the CFD to accommodate the fuel system, which was not a easy negotiation. COMMISSIONER CHANG KIRALY: Okay. MR. FUTRELL: To get them to agree that: Yes, they will pay for the entire system even though they are currently only the holders of the lease, and a lease which, under most circumstances, will end in about 30 days. But they are willing to do that. I believe it's more acceptable to -- but I'll let Steve speak to Harbor District, and certainly to the City that OPD back out and not have its fingers in trying to tell us what kind of fuel system to build. 408.275.1122 Uccelli & Associates 650.952.0774 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 They are not Marina operators, but they were willing to fund it. So I'm not sure if that's dramatically different than the last meeting. Maybe -- COMMISSIONER CHANG KIRALY: Well, the CFD wasn't even discussed in the last meeting. And so the only reason I -- I'm not worried about it. In my -- I mean, as you know, I sit on a fire board in Menlo Park, and we have also discussed a community facilities district for different reasons. And I can understand the reasons there. And now that you have expanded -- now you have explained it, that there is actual an area that is bigger than -- which I kind of knew. I didn't know how big this communities facilities district would be. So it sounds like you have -- because I think, if I remember correctly from our legal counsel there, you do need to have an initial taxing partner, which sounds like OPD is; is that correct? MR. FUTRELL: There are -- there are three land owners involved. COMMISSIONER CHANG KIRALY: Okay. MR. FUTRELL: The City, OPD and a company named Kashiwa. COMMISSIONER CHANG KIRALY: Okay. MR. FUTRELL: It requires two-thirds vote of the three land owners based on square footage of land to 408.275.1122 Uccelli & Associates 650.952.0774 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 pass the CFD. COMMISSIONER CHANG KIRALY: Right. MR. FUTRELL: By our calculations, the City and OPD alone exceeds 80 percent, although we are working with Kashiwa, so we are very confident that the CFD will make its way through the City Council, but there are mandated delays and times. It's not a fast process. COMMISSIONER CHANG KIRALY: Right. At all. MR. FUTRELL: I know. But since there are only three parties and two of the parties have already said yes, I think we will succeed. COMMISSIONER CHANG KIRALY: Okay. And that is the April 2018 deadline? Tell me how that fits in because -- MR. FUTRELL: That is correct. COMMISSIONER CHANG KIRALY: So do you intend to have this thing created by that time because in the report -- in the -- yeah, in the report, the way I read it, is the consideration should have been done by that time, not that the process would be done by that time or there would be a full-fledged CFD. MR. FUTRELL: It's our intention that a full-fledged CFD will be formed no later than April of 2018. 408.275.1122 Uccelli & Associates 650.952.0774 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 COMMISSIONER CHANG KIRALY: Okay. MR. FUTRELL: And that's a scenario built by our CFD consultants as well as attorneys. We hope and believe it would be earlier but no later than April 18th. COMMISSIONER CHANG KIRALY: Okay. And then in the public comment that we heard from Fathom, and it was an issue that I brought up last time about the fuel dock having an impact. One way or the other, it sounds like there are let us of different entities that could be impacted. And so, with this group in development happening -- and I'm not saying it's bad or good. I'm just saying, you know, if there's going to be this pretty quick growth, and you know, I think, all over the county we are experiencing that -- we certainly are down in my neck of the woods -- what kind of impact do you think, now, especially based on the public comment, will there be on fuel dock? The fuel dock -- the area, I guess -- because if all of these law enforcements agencies are using this -- and I brought this up last time, it's -- you know, I -- I just -- and I was told last time there would be no negative impact. And then now it sounds like there could be a negative impact. And that's all in the minutes from the last meeting, so just help me understand if there has been a change in no 408.275.1122 Uccelli & Associates 650.952.0774 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 negative impact to any negative impact or more negative impact -- if there is more negative impact, what that negative impact is. MR. McGRATH: Okay. So I'll take this. Thank you. COMMISSIONER CHANG KIRALY: Does that make sense at all? MR. McGRATH: Yeah, and you have -- the first part of your comments is regarding the lease. We have a lease with Oyster Point Development, and Drake Marine is a sublessee of theirs. And we know that fuel is continuing to be supplied. We have talked amongst -- internally, about having backup by training our staff with the necessary training in order to be dispensers -- marine fuel dispensers. The -- the part of your question that related to public safety, we do recognize that fuel is important in a Marina, and that's why the negotiations have been so extensive with South City. We believe that there's a high likelihood that the CFD would be formed, the money would be present, and the fuel system will be improved. If that does not happen, then there will be a policy decision for the commission as to whether or not to take on that responsibility or to walk away from 408.275.1122 Uccelli & Associates 650.952.0774 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 fuel, at which point, the City, has said, at this point, that they would be responsible for decommissioning the system. COMMISSIONER CHANG KIRALY: Wait. So that begs the question -- then that would be even more of a problem if there's more -- if there is reliance on the fuel docks, right -- or the fuel dock. MR. McGRATH: There is fuel -- COMMISSIONER CHANG KIRALY: So why even do it then? MR. McGRATH: Why even do what? COMMISSIONER CHANG KIRALY: The fuel dock. I mean 'cause it's -- I get -- and maybe I'm looking at it in too simplistic of away, but, um, right now, what I'm hearing -- and help me understand if I'm misinterpreting this, is that we -- we would basically -- the Harbor District, we would be responsible for the fuel dock and if the CFD is formed, obviously, the funding, you know, some of that would come from there. If the CFD isn't formed, and I know it's a long process because my fire district has been discussing it since January of 2017, maybe even before then. If it doesn't happen, then the choice is -- the choice would be: The Harbor District can continue 408.275.1122 Uccelli & Associates 650.952.0774 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 to do something, based on what you're telling me, or the City can decommission. If the Harbor District decides not to do anything and continue with the fuel dock and it is decommissioned by the City, why even have it in the first place? MR. McGRATH: Again, the City -- I mean, the District believes it's an important component of the Marina, right? COMMISSIONER CHANG KIRALY: Well, that's on -- based on what y'all have said, it is so -- so if it can be decommissioned that easily, that -- is that an essential services that's going to be given up? MR. McGRATH: Let's -- let's back away from that easily. We've got fundamentally, three different parts of the process of maintaining the fuel facility. The first is -- are the initial and immediate repairs that were identified in, say, Manager Futrell's presentation, that the City will fund the $290,000. We have seen the condition of the fuel dock. We can move forward and make it safe while the CFD is being formed, while we are developing plans, specs, engineering for the replacement of that fuel dock. Then we have got a bright line between what we are calling initial improvements, I guess which is, from the shore out to the fuel dispenser. And then the 408.275.1122 Uccelli & Associates 650.952.0774 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 second point is from that point back to the fuel tank. We do have a hard deadline on the fuel tank, again, as City Manager Futrell mentioned. 2025. By 2025, the fuel tank must either be removed completely and the surrounding contrary mitigated or replaced by a dual -walled tank with dual -walled lines connecting it to the dispensing system. So we've got two separate compartments. COMMISSIONER CHANG KIRALY: And who pays for I that? MR. McGRATH: At this point, the CFD would pay for that. COMMISSIONER CHANG KIRALY: Assuming there is one. MR. McGRATH: Assuming there is one. And as Mr. Futrell mentioned, a two-thirds vote of the property owners within a CFD is required to make that happen -- COMMISSIONER CHANG KIRALY: Uh-huh. MR. McGRATH: -- and currently, OPD and the City controls 80 percent of the area, so? COMMISSIONER CHANG KIRALY: So you have three of the three organizations, if you will -- so are those the only taxpayers that would be affected, or do you have to -- 408.275.1122 Uccelli & Associates 650.952.0774 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. FUTRELL: Correct. COMMISSIONER CHANG KIRALY: -- go to residential areas to -- MR. FUTRELL: There's no residential, and only through taxpayers. MR. McGRATH: And two control more than sufficient votes to form the district. The language that is included in the implementation agreement that addresses the potential for the lack of formation of a CFD is there because it -- did behooves us to at least address that potentiality, but -- COMMISSIONER CHANG KIRALY: Yeah, I would say that's a big thing if there is more demand for the use of a fuel dock. MR. McGRATH: Yeah, and so that's why the -- I believe that the City has worked hard with OPD to ensure that the funding is there and that the CFD is sized in such away to ensure the majority of the votes necessary to form it. COMMISSIONER CHANG KIRALY: So I understand that. So I -- so I'm just trying to under -- I'm just trying to wrap my hands around this a little better so that I can financially figure this out. So in some ways, the City of South San Francisco is the lead agency on this kind of 408.275.1122 Uccelli & Associates 650.952.0774 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 negotiation, right, with OPD and dealing with the development of Oyster Point. And if you -- so -- the special district, which is what we are, you know, you are kind of representing us in terms of your negotiations with Oyster Point Development, right? MR. FUTRELL: It remains my personal opinion that that was all done and signed and sealed and delivered in 2011. COMMISSIONER CHANG KIRALY: Right. But we are dealing with a fuel dock issue now too. MR. FUTRELL: There are many on my side that believe the 20,000 -- the 2011 agreement -- COMMISSIONER CHANG KIRALY: That was okay. MR. FUTRELL: -- is sufficient to do everything we need to do. And you're right. The fuel line is not in there. COMMISSIONER CHANG KIRALY: Right. MR. FUTRELL: And I find it very hard to connect the fuel line to Oyster Point Development and what we are doing. The fuel line has been under the constant control, maintenance, operation of the Harbor District since 1977. All monies made on the fuel line have enured to the benefit of the Harbor District. I have a 408.275.1122 Uccelli & Associates 650.952.0774 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 very hard time explaining to my council why we care at all about the fuel line. COMMISSIONER CHANG KIRALY: No, no, I -- I understand. MR. FUTRELL: Why should the City contribute anything to a money -making enterprise which the Harbor District has had control for the last forty years? But in the interest of not throwing a wrench into a 2 billion waterfront development, we are willing to listen and then -- and at least recommended to council that we play and try to make the Harbor District satisfied vis-a-vis the fuel line. COMMISSIONER CHANG KIRALY: No, I understand. And don't get me wrong. I appreciate that. My thing was last -- at the last meeting, I thought there would be more involvement by the lessee since they -- this is under their -- their control, essentially, of their funding the repair of this. And it sounds like that is not going to happen, which is why are you now resorting to a CFD, which is not necessarily a bad thing, but it's usually not the -- it's almost like sometimes it's the last resort, because they are already paying property taxes, these taxpayers -- MR. FUTRELL: I respectfully disagree. COMMISSIONER CHANG KIRALY: Okay. 408.275.1122 Uccelli & Associates 650.952.0774 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. FUTRELL: But for what they -- what Oyster Point Development is doing is raising their rental rates on their future tenants. COMMISSIONER CHANG KIRALY: Okay. MR. FUTRELL: And instead of keeping that money themselves, they are going buy a fuel line with it. So they are, in fact, out of their own pocket, contributing $2.5 million from their bottom line towards this. Again, they had the same trouble I do that they, in total, would be the holders of this lease for 12 months, how does that make me responsible for $2.5 million worth of replacement. Certainly an argument can be made that as the holders of the lease, they have some obligation to maintain and repair that is far shy of digging up the tanks and replacing them. So I would say that Oyster Point Development also, in the spirit of wanting to move forward, not delaying the groundbreaking, has capitulated and said: Okay, we will fund the 2.5 million. Can we please just move on? COMMISSIONER CHANG KIRALY: And they view that as their contribution to the public benefit side; is that correct? MR. FUTRELL: It is not phrased as that, but 408.275.1122 Uccelli & Associates 650.952.0774 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 they certainly could call it that because there's no direct benefit to them. COMMISSIONER CHANG KIRALY: No. That's why it's called a public benefit. MR. FUTRELL: But I -- the term "public benefit" is not a term of art used in land negotiations so I would not call it that, personally. COMMISSIONER CHANG KIRALY: Okay. Okay. So why didn't we know about the reassignment of the sublease in our June July 24th meeting? MR. McGRATH: The July 24th meeting was held to discuss the scope only of the District's Oyster Point committee. And as far as we are concerned, we still have a lease with OPD, and OPD has a sublease with Drake Marine, and if Drake Marine has worked an arrangement with another entity, then that would happen. COMMISSIONER CHANG KIRALY: So you are saying there is no assignment of the sublease. Okay. MR. McGRATH: There is no assignment of a lease to which we are a party. COMMISSIONER CHANG KIRALY: There is a sublease. Because that's what -- they are not a party for a lease, necessarily. They are the sublessee, so basically, there is no assignment to -- for the sublease. 408.275.1122 Uccelli & Associates 650.952.0774 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. McGRATH: That would be. Our agreement -- MR. MILLER: Can I offer some help? MR. McGRATH: Thank you. MR. MILLER: Unless I am wrong and that there has been some notification that I don't know about, the lease between the Harbor District and its tenant, OPD, requires notice and approval of any subleasing. The District has, for many years now approved a sublease between OPD and Drakes Marine. As far as I know, no one has asked the District -- OPD has not asked the district permission to assign -- or Drake has not asked for permission. We have no knowledge of any assignment of the sublease between OPD and Drakes to some other entity. COMMISSIONER CHANG KIRALY: Wait, but Drakes just stopped operating in May of 2017. MR. MILLER: Well, I don't -- what I heard today, and it may be -- COMMISSIONER CHANG KIRALY: Based on public comment today. MR. MILLER: Based on public comment that I heard, it's not quite as clear as that. I don't know whether these folks are operating it for Drakes Marine or pursuant -- I don't know anything about their agreement, but the Harbor District has not approved an 408.275.1122 Uccelli & Associates 650.952.0774 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 assignment of any sublease. COMMISSIONER CHANG KIRALY: Okay. Thank you. MR. FUTRELL: If I can add, on our side, we can confirm. COMMISSIONER CHANG KIRALY: Sure. MR. FUTRELL: On our side, we'll confirm -- we're not aware of any assignment of the sublease by OPD, but that is something we should certainly ask them. Under this implementation agreement, if approved, on September 29th, when the land transfers take place, all of these leases are canceled. COMMISSIONER CHANG KIRALY: Right. MR. FUTRELL: And they go away. What that effectively means is that control of the fuel line in that in that area goes back to the Harbor District as it was originally in the beginning. Then the Harbor District would have the option at that point to negotiation with a future operator and enter into a new lease and earn revenue off that if they choose to do so. This is how this is originally. COMMISSIONER CHANG KIRALY: Okay. VICE MAYOR NORMADY: So that's another conversation. COMMISSIONER CHANG KIRALY: Thank you. Yeah, I know. I just wanted to ask. 408.275.1122 Uccelli & Associates 650.952.0774 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. McGRATH: Internally, that's why there was a short-term provisional activity permit for an RFP for a longer-term arrangement -- what -- we started having this conversation. COMMISSIONER CHANG KIRALY: Okay. MR. McGRATH: And that will be coming back to I the board. COMMISSIONER CHANG KIRALY: When -- because this was a surprise to me today. MR. FUTRELL: It will have to be soon. COMMISSIONER CHANG KIRALY: Okay. Thanks, Liza and Tom. Thank you. VICE MAYOR NORMADY: Thank you, Commissioner Chang Kiraly. President Mattusch. [sic] COUNCILMEMBER ADDIEGO: So yeah. Liza, following up on Commissioner Chang Kiraly, is there any obligation to make the deficiencies of that fuel docking system -- make the current operator, whoever they might be, aware of it some of its deficiencies. MR. McGRATH: The current operator is aware. The current leaseholder is aware. COUNCILMEMBER ADDIEGO: But we don't know if that's trickled down, but that would be up to them. MR. McGRATH: Correct. 408.275.1122 Uccelli & Associates 650.952.0774 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 COMMISSIONER CHANG KIRALY: Well, that's a good question, Mark. Is that the reason why we are going through a CFD process now, because last time I thought that they were -- VICE MAYOR NORMADY: We're going through a CFD process. COMMISSIONER CHANG KIRALY: Y'all are going through -- that's right. But it affects what -- how this plays into the fuel dock, right? So if they know -- if OPD understands the deficiencies, is that why you are resorting to a CF- -- I mean, one of the things -- I don't know the other parts, what condition things are in or what. I'm just asking. So I don't know. COUNCILMEMBER ADDIEGO: No, I mean, I'm not in a position to answer that question. COMMISSIONER CHANG KIRALY: Okay. COUNCILMEMBER ADDIEGO: I mean, I think that I'll challenge you as a commissioner of the Harbor District, you might want to ask the question of how did it get to this point? COMMISSIONER CHANG KIRALY: No, I'm fully with you on that. So I'm just trying to understand the whole picture. VICE MAYOR NORMADY: Anybody else? COUNCILMEMBER ADDIEGO: So I appreciate that 408.275.1122 Uccelli & Associates 650.952.0774 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 City Manager Futrell has found a mechanism to keep OPD at the table and involved in solving this problem that we have all inherited, and I think the CFD, if it's acceptable to OPD, then that's just the natural course, and it's a wonderful outcome. And short of that, if I understand the city manager, short of that, if I understand the city manager -- short of that, if it wasn't to come to be, we are the provider of funds of last resort to correct that? MR. FUTRELL: No, if -- if all fails -- COUNCILMEMBER ADDIEGO: I suspect we might be. MR. FUTRELL: -- the world comes to an end, we are committed to paying for whatever environmentally responsible -- COUNCILMEMBER ADDIEGO: Yes. MR. FUTRELL: -- way to cease operation. COUNCILMEMBER ADDIEGO: Right. VICE MAYOR NORMADY: I believe at the last meeting, I think, between myself and President Mattusch, we were pretty adamant about the need for a fuel dock out there, without further need for going into discussion. Before we move on to the staff recommendation, I am aware that Commissioner Brennan has something written. I want to provide her the opportunity to turn 408.275.1122 Uccelli & Associates 650.952.0774 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 in that something -- that document to us for the minutes without reading it, so therefore there is not a perception of the violation of Brown Act. Otherwise, I leave that up to you. What would you like to do about it. I would you like to at least accept her -- accept your -- or you can email it to City Manager Futrell to then turn it into the minutes as well. That I do not see any other blue cards -- so I want to at least provide you that option. THE WITNESS: So Code Section 54954 states that every agenda for regular meeting and special meeting shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public before or during the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item and within the subject matter jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the -- bla, bla, bla, bla, bla. Basically, I have the right, as a member of the public to make a public comment verbally here, and so does anybody else as a member of the public on item two. By denying me the right to make my public 408.275.1122 Uccelli & Associates 650.952.0774 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 comment, this committee is violating the law, and so I am asking to make my public comment verbally. I did not intend to disrupt the meeting. My intention is not to be disruptive. I have appreciated everything that I've heard here, and I appreciate everybody's time, but I would like to make my comment, and it is within the law for me to make my public comment. VICE MAYOR NORMADY: So Commissioner Brennan, I -- I absolutely understand the law and public comments without a doubt. However, perception and visual is that you are here as a commissioner of the Harbor District. So therefore I provided an option for you to turn in your written documentation and/or please email it to City Manager Futrell so we can have it in our records and minutes. However, I'm not going to stop you from wanting to reading your -- your minutes or your three -- your three minutes of speech. However, the perception to me, there's three commissioners in the meeting, and -- and it's -- it could be -- it could visually look like a violation of Brown Act. Before we go into a recommendation for -- for both the City -- the City and the Harbor District. So, I mean that's all I'm going to say. 408.275.1122 Uccelli & Associates 650.952.0774 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MS. BRENNAN: I appreciate your concerns about that, and I can understand where those are coming from. I don't agree because I'm here speaking as a member of the public. I'll just keep it really short, and then I will -- I will -- COUNCILMEMBER ADDIEGO: I have a question of this. This affects more than the commissioner who is at the end of the table. COMMISSIONER CHANG KIRALY: I agree. COUNCILMEMBER ADDIEGO: There are two other commissioners here that have to consider, and I guess their counsel is here. They should get some advice. MR. MILLER: Well, we've already surpassed the commissioner. MS. BRENNAN: Counsel is here. Why don't we ask our counsel. COMMISSIONER CHANG KIRALY: Actually, public comment has been closed, so why are we opening up public comment? BOARD PRESIDENT MATTUSCH: How about some comments here from our attorney. MR. MILLER: Sure, I have advised my council, I've advised you. I've advised my entire council that notwithstanding the Brown Act section that Commissioner Brennan has quoted, that the Attorney General has 408.275.1122 Uccelli & Associates 650.952.0774 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 emphatically opined that when a majority of the Board is present at the committee meeting, the member who is not on the committee, such as Commissioner Brennan may attend the committee hearing but may do so, not as a member of the public with limited rights -- more limited than any member of the public, may sit in the room, may not speak in public comment as Commissioner Brennan is seeking to do and that to do so would be a violation of the Brown Act pursuant to the Attorney General's published opinion. So that is the advice that I have given and I'm giving again here today. It is not my recommendation that Commissioner Brennan may be permitted to provide a public comment. COMMISSIONER CHANG KIRALY: Okay. Thank you. MS. BRENNAN: So I'd still like to make a public comment, and as a member of the public. BOARD PRESIDENT MATTUSCH: On advice of counsel -- you have been asked not to, and because you want to does not make it so. We respectfully ask that, following Councilmember Normady's recommendation, you email it, and it will appear in the record. MS. BRENNAN: How will it -- will -- How will it appear in the record? 408.275.1122 Uccelli & Associates 650.952.0774 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 VICE MAYOR NORMADY: Exactly the way you -- MS. BRENNAN: It's not going to get into the transcript, and that's why I want to -- it's not going to get into the video, which is the transparency factor here. The public isn't going to be aware of it because it's not going to be in the meeting video published on YouTube. It's not going to be in the court reporter's transcript, so what's happening here is you're actually stifling a member of the public's opportunity to make public comment. I drove here a distance because I wanted to make a public comment, and I'm being denied that. And I would like -- my right, as a member of the public, to make my three-minute public comment. VICE MAYOR NORMADY: Let me -- Commissioner Brennan. So I'm going to defer to Steve Mattas, and then we can get clarification from our city clerk to ensure that that your email statement is on the record. MR. MATTAS: We -- we can include the statement verbatim in -- in the record, so if you can email it to us, we will include it, and it will be in there with all comments. So any member of the public who wishes to look at the minutes, who wishes to look at the documents associated with this meeting will be able 408.275.1122 Uccelli & Associates 650.952.0774 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 to see your comments. MS. BRENNAN: It is going to be in the court reporter's transcript? I don't see how it could be because only what's happening at the meeting should be in the transcript. MR. MATTAS: The transcript is of the narrative. I would advise our representatives. I have no objection to it being in the transcript. We can include it and incorporate it as an attachment so it becomes part of the record and be reflected in the minutes that the commission will -- that the subcommittee would consider at their next meeting. VICE MAYOR NORMADY: Okay, you know, I don't have -- MS. BRENNAN: I don't know if it will be or not. I would just like to make my comment. That's all I'm asking is I'd like to make my comment. BOARD PRESIDENT MATTUSCH: Well, we just represented to you that -- that it will be, absent objection from the liaison committee, but it is -- it will be included, and so -- MS. BRENNAN: Is the committee committing to make sure that my comment, provided via email regardless of the length of it, is going to be in the transcript? VICE MAYOR NORMADY: As noted by our city 408.275.1122 Uccelli & Associates 650.952.0774 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 attorney, it will be in there verbatim. COMMISSIONER CHANG KIRALY: Well, the thing you want to submit, not something new after this meeting. What you have today that you want to comment on, I'm not willing to accept something that you go off after this meeting and write, and it's going to be a five-page document. So whatever you have today that is within the three minute constraint, I would be happy to include that in the transcript, but not a thesis on something else later where we have to waste hundreds of pages of paper. So if you'd like to -- MS. BRENNAN: So it sounds like I'm being denied. I'm being denied. COMMISSIONER CHANG KIRALY: So -- so I'll like to comment to the chair. I'm willing to accept whatever the public comment that she has -- Commissioner Brennan has currently, if she's ready to submit it today, she's ready to read it, so why can't she just submit it to this committee and have it put into the transcript? VICE MAYOR NORMADY: Will you be able to do that, Commissioner Brennan? MS. BRENNAN: No. I would like to give me comment verbally. COUNCILMEMBER ADDIEGO: Commissioner Normandy, I have -- you know, I have watched this game for 20 -plus 408.275.1122 Uccelli & Associates 650.952.0774 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 years, and I think a more clever and resourceful commissioner might have found an underling to read your comments, if they be so important, into the record. But apparently, it has to be your voice. I'm tired of the gamesmanship, and I'm excusing myself from the meeting. MS. BRENNAN: Had I -- BOARD PRESIDENT MATTUSCH: So -- COMMISSIONER CHANG KIRALY: I'm going to excuse myself too because this is a bunch of games, and it's actually -- quite frankly, for the record, one person is not more important than 704- -- 750,000 other people in this county. So if the commissioner wants to be selfish and play games, you are doing a disservice to the rest of the county, not just to this committee. MS. BRENNAN: All I'm asking to do is make a three-minute public comment. COMMISSIONER CHANG KIRALY: So to the Chairman, I'm going to be excusing myself too. VICE MAYOR NORMADY: Thank you, Chang Kiraly. President Mattusch, thank you. Mike Futrell. MR. FUTRELL: Well, we had hoped for a positive endorsement of this draft from the committee. VICE MAYOR NORMADY: Me too. 408.275.1122 Uccelli & Associates 650.952.0774 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 MR. FUTRELL: Absent that, I don't think we can recommended that there is one or represent there is one unless, subject to changes, but -- MR. McGRATH: I think when we go to our respective bodies, there will be a staff recommendation absent a representation from the committee. MR. FUTRELL: Okay. Beautiful. Thanks. VICE MAYOR NORMADY: Thank you to both parties and counsel. I'm going to adjourn this meeting. (Proceedings conclude at 3:35 p.m.) 408.275.1122 Uccelli & Associates 650.952.0774 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S TRANSCRIPT OF MEETING PROCEEDINGS 08-02-2017 STATE OF CALIFORNIA ) COUNTY OF MARIN ) I, Siew Ung, a Certified Shorthand Reporter, do hereby certify: That said proceedings were taken before me at the time and place therein set forth and were taken down by me, in shorthand, to the best of my ability, and thereafter transcribed into typewriting under my direction and supervision; I further certify that I am neither counsel for, nor related to, any party to said proceedings, nor in any way interested in the outcome thereof. In witness whereof, I have hereunto subscribed my name. September 14, 2017 �, Siew Ung CSR No. 13994, RPR, CSR 408.275.1122 Uccelli & Associates 650.952.0774 61