June 21, 2023
Mayor Rak and members of the City Council
City of San Carlos
Via email: arak@cityofsancarlos.org
cityclerk@cityofsancarlos.org
Subject: June 26th Council Meeting re: Proposed Biotech Ordinance
Dear Mayor Rak and Members of the Council,
The Sierra Club, Loma Prieta Chapter, Sustainable Land Use Committee (SLU) advocates on land use issues in San Mateo and Santa Clara Counties.
We would like to reiterate our position that the city should adopt the version of the proposed Biotech ordinance that prohibits any BSL-3 or BSL-4 lab in San Carlos.
- The nature of the biological infectious agents being studied, and animal research undertaken in a BSL3 or 4 lab could create a health and safety hazard in the event of human error, accidents or in disasters such as a serious seismic event.
- Siting of such facilities near creeks, waterways, in shoreline areas, in flood zones, and earthquake liquefaction zones, can create potential vulnerabilities for the regional Bay ecology and human health should public infrastructure be compromised and emergency protocols fail.
- Most of the labs that will be leased in the proposed new speculative Life Sciences Developments will be privately funded.
- There are significant gaps in the regulation of privately funded research labs, and the majority of the larger speculative developers, such as Alexandria, have little idea who they may rent space to in the future.
- Chances are high that that space will be leased to private companies that may be small (and possibly startups). These do not have the size or technical expertise that a Genetech or Gilead have to self-regulate the safety of a BSL-3 lab.
- There will be little to no negative impact on the economic vitality of the city or on the city's desirability as a location for Biotech development since 98 to 99% of all new biotech labs will be BSL-1 or 2 level labs. There is not a huge demand for BSL-3 labs.
- Many cities that have previously considered BSL-3 labs usually have a designated scientific review committee made up of experts in the field and local community members to advise the city on the implications of approving such a facility.
- The City of San Carlos does not currently have the expertise and personnel to perform this level of biotech oversight and third party oversight is not recommended if City staff cannot evaluate and endorse the results. Neither do the CDC and NIH have the resources to oversee the research in every lab.
To summarize: Any BSL-3 laboratory located in San Carlos could be the source of an accidential release of potentially life-threatening pathogens that could affect the local community and the environment, so the prudent approach from a health and safety perspective and from a city liability perspective is to prohibit such facilities outright. Please prohibit all BSL-3 laboratories in San Carlos.
We also attach our earlier letter to City Council, dated March 17, 2023.
Respectfully yours,
Gita Dev, FAIA, Co-Chair
Sustainable Land Use Committee
Sierra Club Loma Prieta Chapter
Cc: James Eggers, Executive Director, Sierra Club Loma Prieta Chapter
Gladwyn d’Souza, Conservation Chair, Sierra Club Loma Prieta Chapter