Title
Recommendation to Consider Granting Landlord Consent for Small-Scale Atmospheric Sea Salt Process Studies on the U.S.S. Hornet. (Base Reuse and Economic Development 29061822)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
In early April, the University of Washington launched a cloud brightening educational exhibit and experiment on the deck of the U.S.S. Hornet, located at 707 West Hornet Avenue. The staff of the U.S.S. Hornet had not realized it would be necessary to seek City of Alameda (City) approval for the experimental spraying activity pursuant to its lease with the City. The activity involved the spraying of salt water with a machine resembling a snow maker, creating aerosolized emissions. Upon learning of the experiment, the City instructed the U.S.S. Hornet and the University of Washington (and they complied) to cease all emissions on the grounds that it was in violation of the City’s lease with the U.S.S. Hornet. The U.S.S. Hornet and the University of Washington have further confirmed, by execution of a written declaration, that they have ceased all aerosolized emissions in compliance with the City’s instruction and will not resume unless written consent from the City for the activity is granted. As the landlord pursuant to the lease with the U.S.S. Hornet, City Council has been requested to consider whether to authorize the City Manager to grant Landlord Consent for the activity to resume.
BACKGROUND
The U.S.S. Hornet occupies its premises through a lease with the City for space at Pier 3 (Premises). The Lease Agreement (Lease) between the City and the Aircraft Carrier Hornet Foundation (Hornet), dated March 15, 2009, is included as Exhibit 1. The Lease provides that “The sole purpose for which the Premises may be used . . . is for museum operation of the decommissioned Aircraft Carrier Hornet and related uses, including parking.” The lease further provides that “The Premises shall not be used for any other purposes . . . without the prior approval of [the City].” The term of the Lease expired March 14, 2014, and the tenancy has continued month-to-month. Over the last year City staff and the Hornet have been working to negotiate a new lease and intend to return to City Council this summer with a recommended lease.
The Hornet also obtained from the City, through Planning Board review and approval, an Administrative Use Permit PLN21-0227 dated August 23, 2021, which regulates the use of the premises (attached as Exhibit 2). The Use Permit has no expiration date.
The University of Washington Marine Cloud Brightening Program (MCBP) has partnered with the Hornet to place a temporary exhibit, consisting of an educational and research component on the aircraft carrier’s flight deck. The MCBP is a research project led by scientists investigating the feasibility and potential impacts of reducing climate warming by intentionally increasing the reflection of sunlight by enhancing marine clouds (aka “cloud brightening”). The researchers plan to emit or aerosolize sea salt water using a Cloud Aerosol Research Instrument (CARI), and measure particles as they progress through the local atmosphere. The CARI is a modified snow maker to which a composition of tap water and sea salt is sprayed or aerosolized using compressed air, and a series of sensors placed along the flight deck collect data on particle size. More detail on the equipment can be found on the fact sheet entitled “Aerosols, Climate and what’s happening at the USS Hornet Sea, Air and Space Museum,” prepared by the scientists and publicly posted on the U.S.S. Hornet museum’s website under “Exhibits.” This fact sheet is attached to this report as Exhibit 3.
The research and testing of the CARI on the flight deck of the U.S.S. Hornet is intended to occur at a much smaller scale than what would be necessary to create aerosols that could potentially enhance marine clouds at a much higher elevation in the Earth’s atmosphere.
Prior to commencing with the experiment, the University of Washington commissioned a study by Farallon Strategies, a climate resilience focused consulting firm, to evaluate the permitting, regulatory, and process landscape for the proposed activity on the flight deck (Farallon Study) Exhibit 4. The findings of the Farallon Study indicated that the proposed activity was covered under the U.S.S. Hornet’s existing operational characteristics and permits and as a result, it was not considered a project that triggers additional California Environmental Quality Act (CEQA) review, permitting or approvals from the Bay Area Air Quality Management District, or a host of other local, State or federal jurisdictional bodies.
In December 2023, the Hornet asked staff for a contact at Alameda Unified School District “. . . on behalf of an upcoming partner that we'll be having join us at the museum. They will be doing climate change science (misting down the length of our Flight Deck to study "cloud" patterns) and would like to engage with the local school district using the museum's educational programming to teach kids about climate change science being actively done. . .” Staff was not made aware of the involvement of University of Washington’s MCBP, including the spraying of aerosolized sea salt water. The Hornet at the time was not aware that the experiment might violate the Lease, assuming that research would fall under the approved museum use. In April of 2024, the City became aware of the MCBP’s spraying activities including the testing of experimental equipment on the U.S.S. Hornet’s flight deck through a published national news article. City staff contacted the Hornet directly and requested that the MCBP activities be halted immediately on the grounds that it was in violation of the Lease. The Hornet and the University of Washington stopped all emissions of aerosolized salt water in compliance with the City’s instruction.
It is the City’s opinion that the testing of experimental equipment on the flight deck on the U.S.S. Hornet, without prior City approval, is in violation of the Lease, as it is inconsistent with the approved use.
The Hornet and University of Washington representatives have signed a declaration that they will not engage in testing the experimental equipment including any emissions of aerosolized particles on the flight deck of the U.S.S. Hornet, attached as Exhibit 5, until they receive written permission from the City in the form of Landlord Consent to the Use.
DISCUSSION
The City engaged a team of biological and hazardous materials consultants with no relation to the University of Washington, to independently evaluate the health and environmental safety of this experiment. This included:
• An evaluation of the chemical compounds used in the experiment to determine if there are risks to health and life safety;
• An evaluation of potential impacts on the Least Tern colony and other biological resources;
Health and Life Safety Evaluation:
The City’s consultant, Terraphase Engineering provided a written memorandum analyzing whether the aerosolized emissions could pose a hazard, either if inhaled in aerosol form by humans and animals or landing on the ground or in the Bay. This memorandum is attached as Exhibit 6. Based on their professional assessment of the chemical compound and expected operational information provided, Terraphase does not see the experiment as generating a measurable health risk to the surrounding community. The memo reports that the chemical components of the saltwater solution (which is similar to seawater) being sprayed are naturally occurring in the environment and that seawater naturally aerosolizes and is one of the largest sources of natural aerosols in the atmosphere.
Terraphase recommends that if the City provides consent for the activity to resume, certain conditions may be added to further define the scope and requirements of the University of Washington’s MCBP scientists and the Hornet. These conditions include:
• Deployment of particulate matter air monitors (i.e., PurpleAir air quality monitors) within the localized area. This measure could be implemented to verify that particulate matter levels in the area do not increase as a result of University of Washington’s activities.
• Provide an air monitoring plan developed by the University of Washington and submitted to the City for review and approval, prior to resuming the operation of the experimental equipment, requiring that certain air quality parameters to be measured by the PurpleAir Monitors (or similar) do not exceed a certain level.
• Require the University of Washington to provide the City written verification the study operations will be comply with California Proposition 65, and all local, state, and federal regulations, including sharing written confirmation from the Bay Area Air Quality Management District and Regional Water Quality Control Board.
Potential Impact on the Least Tern Colony and Other Biological Resources
The City also requested an evaluation of the experiment on the flight deck by the City’s biological consultant, H.T. Harvey & Associates, with respect to potential effects on California least terns and other sensitive species in the vicinity. Based on their professional assessment of the chemical compound and operational data provided, the consultant reports that they do not expect the testing to result in any adverse effects on the California least terns or other sensitive species in the vicinity. This based on the fact that:
• The aerosolized spray is not capable of reaching the least tern colony located over 4,000 feet away from the CARI, with further protections because the spray is facing east away from the colony and would be emitted when winds are from the west;
• The sound (decibel level) of the equipment when operating is not loud enough to be heard by the colony or operated for a long enough duration and, thus, likely not to disturb the birds or other marine life in the vicinity; and
• The understanding from Terraphase that the saltwater concentration and compound being used would not be harmful and closely resembles natural spray from the ocean.
The full written memorandum detailing the findings of the ecological consultant is attached as Exhibit 7.
Next Steps
The Hornet and the University of Washington MCBP are seeking permission from the City to re-engage in the testing of the experimental equipment (CARI) and the emissions of aerosolized saltwater to complete this research project over the course of a 20-week period and consideration to allow the equipment to continue to be operated beyond the timeframe for educational and further research purposes. City Council is being asked to consider approving a Landlord Consent to the Use.
If approved, the research experiment would resume utilization of the CARI approximately four (4) days per week, three (3) times per day in the morning, depending on wind conditions, and prior to the opening of the museum to the public, for cycles of 3 to 10 minutes per use. Additionally, they ask the City to consider allowing the CARI to be operated periodically during the hours the museum is open to the public, as a live exhibit for the public to witness. In this instance, if requested, only water would be aerosolized (no added sea salt) as a demonstration of the equipment. If denied, the Hornet would need to consult with its partners at the University of Washington to determine the next steps and if the educational component of the MCBP temporary exhibition would remain for the duration of their agreement. The Hornet would likely lose the income it was slated to receive as part of the partnership, estimated at a net of $100,000, and would bear the cost of the forfeited equipment rentals and other costs it has incurred to date.
To both ensure this situation does not occur again, and to address the expired lease, staff plan to return to City Council this summer with a new lease with the Hornet, which will help provide clarification to the Hornet and the community around the process for review and approval of various activities in the longer term.
ALTERNATIVES
After opening the public hearing and considering all of the documents and testimony, City Council may consider:
• Approving the Use for testing of experimental equipment and aerosolized saltwater emissions, by authorizing the City Manager to grant Landlord Consent.
• Choose not to approve the Use, and not authorize the City Manager to grant Landlord Consent.
• Choose not to approve the Use but recommend an alternative.
FINANCIAL IMPACT
There is no financial impact to the City from grating or withholding Landlord Consent to allow for the testing of the experimental equipment on the U.S.S. Hornet’s flight deck. However, the Hornet and the University of Washington’s MCBP have indicated that significant funds, comprised of the University’s grant money and the Hornet’s capital, have been invested in the endeavor and an inability to resume testing would have a significant financial impact on both entities.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
U.S. Fish and Wildlife Service Biological Opinion for transfer and reuse of former Naval Air Station Alameda. This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this grant of Landlord Consent. However, Alameda Point’s Climate and Action Resiliency Plan (CARP) does address sea-level rise and the scientists from the University of Washington’s are pursuing the research and testing on the U.S.S Hornet’s flight deck in an effort to gather data on possible climate change interventions.
RECOMMENDATION
Consider granting Landlord Consent for small-scale atmospheric sea salt process studies on the U.S.S Hornet, following parameters including: deployment of air quality monitors and limits to be approved by the City; limiting hours of experimentation to weekdays before 11 am; and written confirmation from the Bay Area Air Quality Management District and Regional Water Quality Control Board that additional controls are not required.
Respectfully submitted,
Abigail Thorne-Lyman, Director of Base Reuse and Economic Development
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Alameda Point Lease Agreement, Aircraft Carrier Hornet Foundation, a California non-profit corporation
2. PLN21-0227 Administrative Use Permit - 707 West Hornet Avenue (Aircraft Carrier Hornet)
3. Aerosols, Climate and what’s happening at the USS Hornet Sea, Air and Space Museum
4. Farallon Group, Assessment of the permitting, regulatory, and process landscape for proposed small-scale atmospheric sea salt process studies located in Alameda, California, dated March 2024.
5. Signed Declaration dated May 9, 2024
6. Terraphase Engineering, Inc., Technical Memorandum; University of Washington Marine Cloud Brightening Project, USS Hornet, Alameda Point, California dated May 7, 2024.
7. H.T. Harvey & Associates, Memorandum; Alameda Point Marine Cloud Brightening Program Testing - Assessment of Potential Ecological Impacts dated April 25, 2024