Transcripts For SFGTV BOS Land Use Committee 20240712

Remotely. Committee members will be attending the meeting through Video Conference and participate in the meeting to the same extent as if they were physically present. Public comment will be available on each item on this agenda. Depending on your provider, you can view on channels 26, 78, or 99, as well as sfgovtv. Org, which is currently streaming the call in number across your screen. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. When your item of interest comes up, press star, three to be ad hitsmitted to the queue. Alternatively, you may submit Public Comment the following day email the land use and transportation clerk, myself, ericamaj erica. Major sfgov. Org. Items acted upon today will be included in the board of supervisors agenda on september 25 unless otherwise stated. Clerk can you. Id like to welcome supervisor ahsha safai. With that, could you please call item number 1. Clerk yes. Ordinance amending the existing Building Code to extend the date for completion of work for the seismic retrofitting of tier four wood Frame Buildings to september 15, 2021. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. Chair peskin thank you. Before i submit this, i wanted to thank mayor ed lee for having the courage to mandate seismic retrofits of soft story buildings of San Francisco. I want to thank many folks who have participated in the previous tiers. It has not been cheap, it has not been easy, but we are now in the middle of a covid19 crisis, and i do want to say that i believe supervisor mandelmans legislation is timely and appropriate, and the extension, god willing, we will not have an earthquake because in the incident him, weve had interim, weve had everything else. And with that, i will turn it over to mr. Temprano. Thank you, chair peskin. Its good to be with you on behalf of supervisor mandelman to discuss this ordinance that will amend the Building Code to extend the date for completion of work for the seismic retrofitting of buildings to september 15, 2021. As chair peskin noted, the citys mandatory soft Story Retrofit Program was established in 2013. The Program Requires the retrofit of older multifamily unit buildings to a soft story condition. Tier four to be completed often have commercial space with residential units above. The current deadline for completion on these buildings is tomorrow, september 15, 2020. The 1,114 tier four Properties Identified in 2013 are estimated to hold approximately 2,028 businesses. Of these 1,114 tier four reports, approximately 41 still need to complete their retrofits. Chair peskin im sorry, mr. Temprano. Would you please represent the percentages . Sure. That was 41 needing to be completed. Even prior to covid19, Small Businesses in district 8, and im sure in your district, as well, it reached out, concerned that a city mandated closure of three to six months could force them to permanently closed. They looked at 140 Small Business spaces in districts 1, 2, and 5 that had been retrofitted prior to 2005. 30 to 40 of these businesses saw a turnover following that work. Many now ask the risk of shutting down again to allow seismic retrofit work just as they are rehiring staff and trying to reestablish desperately needed sales. Seismic retrofit work is an emergency and urgent, but the reality is that Small Businesses and owners need more time. By extending this date to september 15, 2021, we are allowing this work to be completed, and hopefully, it can be completed at a time that is less disruptful for tenants and ground floor businesses. We have heard from a number of residential tenants who are sheltering in place, often working from home and are finding their locations unuseable. I will note at a previous meeting of this committee, there was a need to update other deadlines, including the deadline to install fire alarm systems. While this is not addressed in our current system, we would allow for additional amendments to be introduced while still moving this time sensitive piece of legislation forward. I would like to acknowledge and thank the director of Small Business, regina dickendrizzi. With that, i would like to thank you for consideration of this item and take any questions you might have. Chair peskin thank you, mr. Temprano, and i dont see any of my colleagues in the chat box, so let me just start by addressing the issue that i think you just asked for, which is relative to the fire alarm, do you have amendments that you want to propose if this item is delayed . We do not. At a previous meeting, you and supervisor safai had addressed some additional concerns. I think if theres a motion to further extend deadlines, were happy to have this legislation be a starting point if thats the easiest way to go about it. Chair peskin got it. Absence the amendments, the issue is whether or not we duplicate the file and we continue it and amendment it whereas something is introduced and sits under the 30day rule unless waived okay. We can put that in the parking lot for now. Okay. Supervisor safai . Supervisor safai so i think just my thought thank you, tom, and mr. Chair in this regard. I think it makes sense to duplicate the file and then for some amendments made to clarify around fire alarm upgrades, so i would be in favor of duplicating the file, for sure. Chair peskin okay. So well circle around to that a little later on. Why dont we go to d. B. I. As first, this is a d. B. I. Issue, and well to the Small Business commission and miss dickendrizzi. I think it would be helpful if you talk about how the tiers work, what m. O. V. S or endorsement remains today, and i really want to thank d. B. I. , who has embraced this program and, god fore bid, in addition to forbid, in addition to everything that were experiencing, covid and air quality, that we have an earth quick. D. B. I. , the floor is yours. Thank you, supervisor. So with the retrofit, compliant generally has been pretty good. Weve got 75 compliance rate right now. The first level is assembly spaces. Theres only seven buildings total, and weve completed five, and there are two occupying outstanding on that. Sorry. I dont have the information on that, but those two are special cases. Second is larger apartment buildings, 15 units or more. That is at 86 completion rate, with 74 total buildings that have not completed at this point. Chair peskin 86, you mean 86 percent. Chair peskin and what was the universe of tier two . Tier two was 515, required to be completed by september 15 of 2018. At this point, we have 74 that are not in compliance, and notices of violation have been issued, and those are somewhere in the abatement process or list. Phase three is the sort of catchall category. That is the largest tier by far. It is 3,383. At this point, we have 80 of those completed with 20 not. Thats 686 buildings. Those were due to be completed on 9192019, so theyre almost a year overdue at this point. Weve filed m. O. V. S that those are some buildings with tenants in them, so were willing to work with those building owners if they have outstanding circumstances, were not going to require them to start work right away if theres some reason not to. And then, the final tier is tier four, is a total of 1,024 buildings. Of those, 599 have been completed. Chair peskin im sorry. What was that . Out of 1,024, how many was completed. That was 599, and our total that have not been completed are 495, but thats still at a 40 need completion rate. Chair peskin and for those that have, that would be a certificate of final completion . Yes. Chair peskin thank you. Youre welcome. Chair peskin so do we have questions, supervisor preston or supervisor safai . Those are relatively figures over time. To mr. Temprano, relative to the folks in fear three, was there any thoughts from supervisor mandelmans office of how we want to deal with them or why . Sorry. I have a timer going off, apologies. Chair peskin your time is up, tom. Im done. No, we really did just focus on tier four specifically in this legislation because the deadline is is now, and there was such so many buildings that impacted so many special and residential tenants that were still out of compliance, so we really didnt dig into tier three. Chair peskin and so, mr. Murray, you characterize tier three as kind of the catchall, how would you characterize what was in tier four for those 1,024 buildings . Tier four are commercial ground four and are in liquefaction zones. Chair peskin so subject to pwaves and swaves. Why werent those im sorry. Why werent those included in that initially . Im sorry. I missed that. I was off the board for seven years. Im sorry. I dont know that. Chair peskin and relative to the 40 rate, can you characterize why the remaining stragglers havent performed timely . Sorry. I was muted there. Generally, its cost. You know, with lining up a contractor in tier four, i would imagine that a lot of constructors planning to Start Construction were delayed by the covid crisis, but its still the same set of issues running through any major project. Its the cost and finding a contractor and all of that. I will say that they were required to have their Building Permit filed by 9152018, so its not an issue of getting the permits, and i believe that 99 of them actually have the permits issued, its just a matter of starting work. Chair peskin okay. Ms. Dickendrizzi. Thank you, chair peskin and supervisor preston and safai. I wont repeat much of what tom said, but the Small Business commission supported this report, that an extension of this deadline would be needed. Again, just to highlight that because of the covid, construction one was stopped, so during the early months of covid, that even when businesses were closed, this kind of construction could not take place, and that with the high number of properties that were still needing to complete, that we would need to create a time frame where Property Owners and businesses could figure out the best time to get the work completes. So the commission is and our office is supporting the compensation. Im happy to take any questions. Chair peskin are there any questions for either mr. Murray or miss dickendrizzi . Seeing none, are there any members of the public on this item one for Public Comment . Clerk thank you, mr. Clerk. It looks like we have 11 listeners and three in queue. D. T. , if you can let us know when the callers are ready. Chair peskin first speaker, please. I apologize. I raised my hand too early. I was hoping to speak on this, the next item. Chair peskin okay. Well get back to you, so if youll get back in the queue. Next speaker, please. [inaudible] im sorry. I want to also comment on the item number 2. Chair peskin okay. Well get you back in the queue, and next speaker for item number 1. Im sorry. Im also i need to wait for my [inaudible] chec. Chair peskin sounds like the next item is going to be pretty popular. All right. Are there any other speakers for item number one with regard to extending the retrofit compliance deadline . Madam clerk . Operations . Operator there are no more callers. Chair peskin all right. Why dont we wait for just a moment before i close Public Comment. Going once, going twice, Public Comment is closed. Colleagues, first, let me duplicate the file and make a motion to continue the duplicated file to the call of the chair. On that motion, madam clerk, a roll call, please. Clerk for the file, item number one has been duplicate. On the motion to duplicate and continue to the call of the chair chair peskin i think the duplication, i can do myself, but continue to the call of the chair. Clerk correct. Just noting the duplicate go motion. [roll call] clerk you have three ayes on the continuation. Chair peskin and then i make a motion to forward this to the full board of supervisors as a Committee Report for hearing tomorrow, september 15. On that motion, a roll call, please. Clerk on the motion as stated [roll call] clerk you have three ayes. Chair peskin all right. Next item, please. Clerk item 2 is an ordinance amending the health code to establish cleaning and disease prevention standards and practices in Tourist Hotels and Large Commercial Office buildings to help contain covid19. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. Chair peskin thank you, ms. Major, and thank you, supervisor safai and supervisor preston for your patience in continuing this item for a couple of weeks to make sure we created the space for additional speed back and dialogue for a host of Key Stakeholders in the hospitality and office industries, including the building owners, their workers, and other parties. And as ive said before actually, i said it in a movie that was on public broadcasting a couple of nights ago, i was proud to represent a district that has been the goose that lays the golden egg for San Francisco, generating hundreds of millions of dollars in tourism and Office Revenue and event revenue for the city and county of San Francisco. We all know, these industries have been remarkably hard hit by the pandemic, particularly by the mixed measures and announcements emanating from the federal government and the c. D. C. San francisco has so much at stake, and we, as i said earlier, need to adopt industryleading standards rooted in Public Health guidance. I want to rebrand San Francisco as the safest tourism destination in the United States of america. Ive said this to the building owners and stations, ive said this to unite 2, and ive said this to Hotel Council. As of today, we have done a small partial reopening for personal businesses, and as we look at reopening more and more indoor activities, particularly in very transmissive settings. We have to look from what weve all read in the media in disastrous openings like las vegas and other cities and establish strong guidelines that really protect everyone and reattract tourists to San Francisco. Singapore, china, france have adopted very similar cleaning standards based on recommendations from Donald Trumps beloved World Health Organization, and i really think that San Francisco can and should be the Industry Leader here, and as we say, as goes San Francisco, so goes california. As goes california, so goes the United States of america. And we should be the Gold Standard for the state and the nation. And as i said, ive met with all of the stakeholders in the past several weeks, and they have all suggested a slew of amendments. I think there have been a total of 33 from the industries, which colleagues, what is before you today and has been circulated, i have adopted about half of them, either in whole or in part, and i really want to thank stakeholders for this feedback. And some of the stakeholders have actually done that in a way that was much more helpful to my chief of staff, sunny angulo. In other cases, it was much broader, highlevel feedback as came from the building owners and managers association. I know theres been concern about what we call opt in or opt out, which, very simply put is, if you are a guest in a hotel, you get cleaning unless you decide that you dont want daily cleaning in your room. Thats exactly the way the system works now. I will say that when i go to a hotel, and i stay a couple of nights, and theres a little note on top of the towels that i can make the environment better and not use water, i dont have my towels changed. I mostly go backpacking and stay in a tent, but were actually preserving customer choice, so if a patron wants to opt out of daily cleaning in order to conserve water and do their part for the environment, they can continue to have that option. In addition to revising, clarifying some of the definitions in the ordinance, these clarifications really seek to tighten up the definition of cleaning and the clarification of employees in language, and i think that is fundamentally important. And given the fact that were furthering were further limiting the scope of this ordinance, ive been advised by council that these amendments are nonsubstantive in nature, although i think we spent a lot of time trying to reach a consensus that works for all parties without compromising Public Health and encouraging more tourism and office use. I want to make sure that we havent missed anything, and im totally open to additional feedback. Supervisor safai, thank you for your cosponsorship, and youre welcome to offer any comments or amendments, and if there are no other comments, i would like to open this up for Public Comment, which based on the last item, we apparently have quite a bit of. With that, vice chair safai . Supervisor safai yeah, thank you. I want to associate myself with your comments. I appreciate working independently on this. Since we cant work on this together, we had to work independently with the respective agencies, but i appreciate your work on this. I would like to say, i draw this analogy. Its very similar to the airline industry. There are some airlines that are still selling middle seats during this pandemic, that are allowing passengers to go in and be fully, fully on top of one another. Thats their choice. I dont think thats the best practice at this moment. There are other airlines that are choosing to remove the middle seat, and i think its very similar to what were talking about, particularly when it comes to cleaning. In the common areas, weve defined that, narrowed it. Hightouch surfaces, appreciate those amendments, but the idea of daily cleaning is one, to me, thats very similar to the analogy that i just gave. If you want to allow infections to be there, and you want to say you dont want your room cleaned until you leave, thats going to probably put the house cleaner and those involved more at risk, but if you and you have that option. But if you want to allow and i think we should still allow daily cleaning can be done in a very safeway. The guests wouldnt be in the room. The guests would be out of the room to ensure that youre cleaning and paying attention. Same thing with the larger hotel buildings. I dont want to lose sight of that. I think thats really important because this is about tending a message sending a message to the industry, to the employers, to the tenants, that we are going to take action to ensure that the virus is not spreading. If i can go set in my dentists chair where hes 6 inches from my face, i think we can figure out a safeway to have hotel rooms cleaned, to have offices cleaned that will encourage people to come back and participate in our tourist industry and allow people to go back to work and help our economy. So with that, im proud to be a cosponsor of this legislation. Chair peskin thank you. Supervisor preston, anything you want to add . No pressure whatever. Supervisor preston thank you for that. I was muted, but no comments, please. Chair peskin thank you for that. Madam clerk, if you and operations could have the first caller brought up. Operations is bringing up speakers. If you have not done so already, press star, three to enter the queue, and if you have already done so, please wait to speak until the system says you are unmuted. Hello. My name is nicholas javier, and im a proud member here of united local 2. When i was laid off in march, i couldnt afford paying rent. Its hard to put into words the level of fear and anxiety not knowing that you might be able to pay rent the next month. Thankfully, i moved in with my partner, but the extra 600 from the c. A. R. E. S. Act expired. I wont be able to go back to work unless patrons and customers can rest assured by knowing that we can ensure that our cleaning levels are safe. The many things that this virus has taught us, we must do these things the right way for all of our sakes. Im asking to do this the right way. The Companies Want us to go the extra mile to wow the guest with our service, we must also wow the public with health and safety first before profit. All of our livelihoods depend on it. Thank you very much. Chair peskin thank you. Next speaker, please. Good afternoon. My name is kevin carroll, and im the president and c. E. O. Of the Hotel Council of San Francisco. I want to thank you, chair peskin and supervisors safai and preston for providing us with the revised legislation, and thank you, supervisor peskin, and sunny angulos work, as well, your chief of staff. In reviewing the document, we just received the changes in the last 24 hours. We want to thank you for the amendments you made based on the requests that we had after meeting with you to discuss. Please note the Hotel Council is committed to having the strongest and safest hotels in San Francisco. There are two recommendations that we asked for and were looking for that have not been addressed with the Current Program thats the basis of our continued opposition to the ordinance. The first is to eliminate the mandatory daily cleanings and allow our guests unfetortered access to choice of cleanings. We also would say the second item is not to require operators to have dedicated personnel responsible for disinfecting exterior doors of the hotel. We respectfully ask that the item be delayed for further review and discussion, and we thank you for the time for discussing this. Chair peskin thank you, mr. Carroll, and my recommendation, if my colleagues agree, would not be able to send this as a Committee Report, but to send this with a positive recommendation, which would allow us another week to discuss this. Next speaker, please. My name is troy flanagan, and i am the president of the San Francisco lodging association. Thank you, supervisor peskin, for creating opportunities for constructive discussion to address our concerns with the bill. However, based on the language circulated, we remain strongly opposed to this measure. We feel strongly that the safety of our employees and guests should remain in the hands of Public Health experts. Ensuring the safety of guests and Hotel Associates is paramount. Unfortunately, this ordinance that is before you today goes well beyond Public Health guidance and will increase Public Health exposure risk for our employees and our guests and put an incredible strain on especially small independent hotels. Many jurisdictions have provided guidance or mandated that daily guest room cleaning must be upon the request of a hotel room guest. Increasingly, hotel guests are telling us they dont want that contact. 65 are saying they would be uncomfortable with housekeeping entering their room without advance permission. Please delay decision until we can discuss this with Public Health measures and safely rebuild San Franciscos Public Health jobs. Chair peskin thank you. And just for the record, everybody on this panel has already voted for an earlier incarnation of this measure, so the chances of us voting against this are slim to none, but that is at least the chairpersons prediction. Next person, please. Good afternoon. My name is maria mata. I am a housekeeper at Marriott Hotels for ten years. I am a proud member on united 2. This vote will require my hotel to follow the World Health Organization recommendation for cleaning and safety of covid19. This is important to me because i work in [inaudible] i also live with my mother, son, and young daughter. My mother is 88 years old. I was to make sure that my i want to make sure that my hotel is doing the right thing. I dont want to get infected, and i dont want to infect my sons. Its also important for the business. If we make San Francisco the cleanest, safest place during covid19, the guests will come back. If we dont disinfect and clean the right way, the guests wont trust our hotel. The right way to clean is to clean more, not to clean less. This is how we can protect the workers and rebuild the guests trust in our hotels. Please listen to us and vote yes on this ordinance. Thank you. Chair peskin thank you. Next speaker. Good afternoon, supervisors. My name is [inaudible] and im also housekeeper at San Francisco Marriott Marquis for more than eight years, and im a proud member of united local 2. Nobody knows better than the housekeepers like me on how to clean a hotel room, and cleaning is important to me. Its much harder to sanitize a room that nobody has cleaned in days, but now because of covid19, we have to be more careful because it can survive for days on the high touch items [inaudible] thermal control, and the wood head boards, beds, chairs, and night tables. Covid19 can even be on the trash, and covid19 [inaudible] so we should follow the highest standards of cleaning and safety. As a housekeeper, we are the experts, and we are the one who enter the rooms to clean. We know that the right way to open our hotel is to clean more and not less. Please listen to us and support us by voting yes. Thank you so much. Chair peskin thank you. Next speaker. [inaudible] to take the cleaning protocols to ensure that employees and guests are kept safe. Hotels are altering traditional operating procedures to reduce the risk of infection during this virus and beyond. The American Hotel lodging association has issued safe stay, industrywide guidelines to provide hotels with a comprehensive set of best practice protocols. California lodging Hotel Association has adopted safe for its safe cleaning program. Based on my 45 years of Public Health practice, specializing in Infectious Health and disease transmission, i find these measures appropriate. Face coverings, distancing in all of indoor common areas, and guests requiring to choose contactless check in options as well as daily room cleaning limit contacts between Hotel Employees and guests. [inaudible] furthermore, it has some arbitrary cleaning requirements that are not only unnecessary but potentially detrimental to Worker Health and safety by exposing workers potentially to covid19 as well as unhealthy cleaning sources. Thank you very much for listening to me today. Chair peskin next speaker. Good afternoon. Im [inaudible], president and c. E. O. California lodging and Hotel Association. We represent more than 6,000 hotels in california and more than 215 hotels in San Francisco. We greatly appreciate your amendments to the Healthy Buildings ordinance offered by supervisor peskin yesterday afternoon. However, some of our concerns still have not been addressed. In supervisor peskins comments, he mentioned his intention was to preserve consumer choice, and we agree completely with that. This issue is a fundamental concern to our association, especially for our employees. Just this morning, the San Francisco department of punl health put out a statement as part of the guidance for opening hotels, is asking for daily cleaning increases the risk of Community Transmission by staff because of exposure to potential covid19 positive individuals. So the amended [inaudible] over a matter that the Public Health department has highlighted as a serious and elevated risk, which is why we maintain our vigorous opposition to the proposal even as amended and hope that we can continue to work with supervisor peskin on continued changes. Thank you. Chair peskin thank you. Next speaker, please. Thank you, mr. Chair and supervisors. I dont have much to add. I think that chair peskin, supervisor safai both said it quite well. And we look forward to the vote today and then the full board. Thank you. Chair peskin thank you for your comments. Next speaker, please. So supervisors, i think there are a number of loopholes that this item hasnt addressed. So if you want the rest of the world to follow what we do here in San Francisco, i havent heard a word about using tools like the ultraviolent rays. I havent heard a word about asymptomatic workers or guests, and ive said this before, that we need to consult somebody who is tourists dont like to come here, and i dont want to say for what reason, but another factor that you must bear in mind in, there are overall 120 nations that do not want americans to visit them because we have had over 200,000 deaths. You have to look at this in a comprehensive manner and not look at it as if youre going to win some brownie points. It doesnt work like that. Thank you very much. Chair peskin next speaker. Hello. Can you hear me . Chair peskin yes, we can. Chair peskin glen welsh, former chief of calosha. In general, i want to applaud the efforts of coming up with this reg, although i do want to point out something that i learned during my many years at calosha. You get buy in when you have compliance, and you get most of what youre looking for when people believe in whats being required, and i think youre mostly there with this reg, but i think the room cleaning thing is a real mistake. I think most people dont believe its necessary, and that tends to create a certain amount of cynicism with complying with the rules. Its good for there to be an incentive for Hotel Residents to not clean a room every day. I dont think you have a stitch of evidence to say it makes difference one way or another, although if it does, i suspect its with the employees, so i would say you might want to rethink that one. And also, the surface is high touch. If the surface is not high touch, we dont need Something Like a door opener. Thats just waste, and its potential over exposure. Finally, i want to say that likening this room cleaning issue to whether you sit in a middle seat in an airline or not is really a hard pill to swallow. Any way, appreciate the effort, and thanks for the opportunity to comment. Chair peskin thank you for that comment, mr. Calosha director. Ive never heard from you, but i just pray from the bottom of my heart that youre not being paid to make those comments. Next speaker, please. Yeah. I think two callers ago, that guy really hit it on the nose that this is its its a farce. It doesnt its a show to get votes, and that really bothered me. I dont think that its actually going to do [inaudible] i work retail and spent a lot of time out in public in San Francisco. A lot of people just dont get it. They just dont get coronavirus protection measures, prevention measures. They just dont get why you need to wear the mask, they dont get social distancing, they dont get surfaces that need to be cleans, so i think this tries to force it too much on people that most of them, again, they just dont care, they dont get it. If theres someone coming in, lets say, for a business trip to San Francisco, theyre not going to want their room to be cleaned every day because who knows they dont know whos coming in their room. Theres no records of that, so, you know, i think it just creates more risk, more panic, more stress, and more of a reason for people not to come to this city. Again, the only reason i feel youre doing this is when it comes time to get reelected, you can point and say look, look at what i did. This is something that i did to stop coronavirus, and oh, you know, trump wouldnt like that. I think its just a way to buy votes, really. If you want real solutions, get the get the Health Department to come up with a plan. Lets not rewrite the ordinance. Thank you. Clerk thank you. Next speaker, please. Operator that was the last speaker with their hand raised. Chair peskin all right. Seeing no other members of the public for this item number 2, public item is closed. Colleagues, the amendments are before you. Are there any questions or comments from members . Supervisor safai did you want to go over the amendments, chair . Chair peskin i am happy to do so. Supervisor safai at a global level . Chair peskin ill do them at a microlevel. One moment, mr. Vice chair. Supervisor safai i dont need them. I can take macro. Chair peskin so as mentioned earlier in my initial comments, some clarifications in the definitions, page 4, section 625. 2, at line 14, insert in the city. On the same page, at line 20, insert, and is further defined in section 625. 3c. On page 5, also in definitions, this is and we discussed this actually in the earlier iteration of this legislation that we already passed, and it was you, vice chair safai, that spoke to the employee dining and break room issue, a change in that definition on page 5 at line 3, which takes out or frequently used by employees to take such breaks and is replaced by authorized or approved by the operator. Theres a new definition of frequently touched referenced by some of the Public Commenters today. On page 6, section 625 point 3, subb, insert at line 6, this requirement does not apply to Tourist Hotel and authorize housekeeping employees to wash hands in guest rooms. Subsection c, at line 10, removes the disinfectants used must be labeled to be effective against viral pathogens. Cleaners must be approved for effective use. I believe that came from the industry. Same page, line 23, at the end of subd, provided that sections e and f should not aemploy to covered establishments that are close to employees and or guests. On page 7, sub e, sub 1, the newly defined frequently touched is inserted in sub 1, 2, 3, 4, 5, all on that page, next page that is inserted again that definition capital, frequently capital touched in sub 8, sub 9. On page 9, at the request of the industry, sub 2 removed bed, linens, and towels shall be changed no less than daily unless the guess requests that they be guest requests that they be changed less frequently. On page 11, at line 8, insert employees are required to collect, clean, or dispose of medical waste such as syringes. I think im just about that takes care of it. Supervisor safai great. Thank you. Chair peskin supervisor preston . Supervisor preston yeah. I just want to thank you and supervisor safai for your work on this legislation. I think its incredibly important. I was a sponsor back on the original legislation, and i think its timely on the latest version. Id love to be added as a cosponsor, and i think that youve summed up the ordinance. I will say as to the sentiment of some callers who would prefer that we not regulate the private sector, i think that you know, i dont think that we can rely on what makes sense to the owners of commercial buildings and hotels to decide what kind of protections theyre going to extend to their staff and what kind of protections theyre going to extend to the general public and to their patrons. So they have a role to this, but our role is to make sure that we put safety precautions in this. I think its important that we move forward to protect workers and patrons, and as you said, to fulfill the confidence in visitors to the city, so id like to thank you and be added to it. Chair peskin thank you. And id like to thank my staff, sunny angulo, who has been trying to bring all of the various voices together, so thank you, miss angulo, for that. Vice chair safai . Supervisor safai let me talk for a moment. So were making this versus temporary, this is permanent . Thank you talk about does this outlast the pandemic and how that interplays, and just for clarity, i understand, but i want you to talk about that on the record. Chair peskin thank you, vice chair safai. So nothing is permanent. All of these pieces of legislation are creations of governmental bodies that can amend them, rescind them, extend them from time to time. The difference is we did this as an emergency ordinance. This would be an ordinance that would stay on the books until rescinded or further amendmeed and i suspect, as the pandemic rolls on, as regulations are relaxed, as tourism returns, we will have opportunities in the future to amend this. And as the medical field learns more and i do want to say to the speakers that invoked the the medical profession, all of us have been taking our queues from our chief Health Officer, and everything in this ordinance is consistent with the most recent guidance that was released by the chief Health Officer today, this very day, september 14 of 2020. Supervisor safai thank you. Thats really what i was looking for you to say, and i think its an important point that should not be lost, chair, and colleague preston. At the end of the day, we dont make these decisions in a vacuum. Theres been constant conversation with our county Health Officer, constand conversations as to Public Health, guidelines that have come down from the state, guidelines that have come down from the c. D. C. , and we have designed this in a way that ensures the safety of the our guests and workers that are employed in these buildings. My other point is the other thing that you said, we are no longer making this an emergency ordinance but will be a standard for the industry, so we can come back and look at that. Chair peskin and thank you, vice chair safai and supervisor preston for your cosponsorship. With that, i would like to move the amendments on that aforementioned ordinance. Roll call, please. Clerk on the motion [roll call] clerk you have three ayes. Chair peskin okay. Next item, please. Clerk on the remaining balance . Chair peskin oh, im sorry. On the remaining items as amended. Clerk to continue next week or to the call of the chair . Chair peskin no. These amendments are nonsubstanti nonsubstantive, madam deputy City Attorney ann pearson, am i correct . You are correct. Chair peskin on the motion, roll call, please. Clerk on the motion as stated [roll call] clerk you have three ayes. Chair peskin thank you. Sorry about that, madam clerk. Item 3, please. Clerk id 3 is an ordinance amending the planning code to allow certain limited restaurants in the north beach special use district to convert to restaurants that may apply for liquor licenses. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. If you have not done so already, press star, three to be entered into the queue to speak. Chair peskin thank you. Are there any speakers wishing to speak on this item today . First speaker, please. Clerk thank you, mr. Chair. James from d. T. Is checking to see if we have any callers in queue. And you may unmute the first caller here. Operator thank you. Clerk thank you. You may begin. Youre unmuted. Yeah, you know, just be careful with this ceqa, because david chair peskin sir, this has nothing to do with seekceqa. Im sorry. Were speaking about the conversion of limited restaurants to full restaurants. Then why does it say it . Chair peskin because it has been determined to be exempt from ceqa. Sorry. Please proceed, sir. Operator i believe he has taken his hand down. Chair peskin next speaker, please. Operator there are no other speakers. Chair peskin seeing no other speakers on this item that has been heard and amended, Public Comment is closed. Colleagues, i would like to make a motion to send this to the full board as a Committee Report for hearing tomorrow, september 15. On that item, madam clerk, a roll call, please. Clerk on the motion as stated [roll call] clerk you have three ayes. Chair peskin next item, please. Clerk item number 4 is an ordinance ordering the vacation of streets in the india basin project site located generally at innes avenue between griffith street and earl street along the india basin shoreline, reserving temporary public utility and access rights in favor of the city and temporary easement rights for existing pg e. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. If you have not done so, press star, three to be entered into the lineup. You only need to press star, three one to be entered into the queue. Chair peskin thank you, madam clerk. I cannot remember if supervisor preston was on the board when we worked on this agreement. Weve got jonathan cherry. Mr. Cherry, if you would like to make a brief presentation. Thank you, chair peskin, members of the community. Im a worker from oewd. So i can, lets see, figure out how to share my screen. Chair peskin this is pretty straightforward, so you can compress it. So we this is an implementing legislation, streetfication legislation to remain certain easements in the street study, and this coincides with certain conveying of streets to the project sponsor, and this would happen in parallel to an exchange of properties where the city would actually receive more land than it conveys. We did talk about this previously in committee, and the legislation is being now identical to the legislation thats going back to the full board with a couple minor amendments at the previous meeting. So im happy to take questions. Chair peskin so basically, the city would quitclaim its interest in the right of way thats earl hudson and Aurelius Walker, and then authorize the city to transfer about an acre within Aurelius Walker drive and hudson and earl and galvez to the state for a public trust exchange. Is that does that sum it up . That about sums it up, sir, yes. And i have a presentation within [inaudible]. Chair peskin all right. Lets run through it. All right. I wasnt able to share my screen previously, but now, i can. Okay. You will be able to see this now. Chair peskin we see your icon but not your okay. There we go. Okay. The board approved the project on october 23, 2018. There are two components to this project, both of which are to be delivered by the developer, build. First, theres a mixeduse Development Including almost 1600 newhousing units, in which 394 of those so 25 , would be affordable units, with publicly accessible open space, including the privately owned india basin open space and an expanded portion of open space on the southeast Waterfront Network of parks. So just to to recap, the Development Agreement includes a number of other Public Benefits. I can briefly run through these chair peskin yeah, im totally familiar supervisor preston, were you on the board at that time . Do you need this . Because i know that supervisor safai and i are very familiar with the Public Benefits set out in the d. A. Supervisor preston no. Ive read through the materials, so i dont need chair peskin okay. Keep going, mr. Cherry. Happy to move forward. Thank you. So the ordinance, as i mentioned, implements aspects of the Development Agreement previously approved. The Development Agreement contemplated this streetification and authorized the advance of some of the rightofway to the developer. Part of it would be retained by the city as part of the india basin open space. It authorizes certain privately owned parcels to be granted to the city and approves a Public Land Trust Exchange Agreement between the state and the developer in order to clarify the existence of the public trust status on the park area near the bay and remove the public trust status from the private parcels on the upper part of the site. Chair peskin mr. Cherry, the state Lands Commission has approved that, is that correct . No, sir. The state Lands Commission is scheduled to hear this item hopefully in late october, so weve been working with state lands staff, but they will see the agreement that this board has already seen hopefully in october, and the idea would be when that trust exchange occurs, this has already occurred. Chair peskin okay. Thats why theres some hurry to this matter. Yes. Chair peskin okay. Proceed. In slide 5, you see the existing site, also referred to 700 innes. You can see innes along the bottom of the slide, and the site extended from there to the bay, between griffith street on the left of the slide to earl street on the right of the slide chesk thats whe slide. Chair peskin thats where shawn is. Thats where shawn the sheep is. Thats right. Here on slide 6, this is the existing ownership. In red are all of the portions of the slide that are currently privately owned. The solid green portions near the shoreline of a rec park india basin open space. In blue are the areas that would be vacated by the ordinance, and that consists of rightofway under the jurisdiction of parks and chair peskin and mr. Cherry, these are all paper streets, with the exception of Aurelius Walker. Yes. The rest are mostly grass and dirt. [inaudible] at all times, even before the permanent access is built. Chair peskin so that would be a nonexclusive easement. It would be i would ask deputy City Attorney day if she could weighin on that. She might good afternoon. Yes, thats my understanding. Chair peskin hi. Hi. How are you, supervisor. Good afternoon. Yes, that is my understanding. Chair peskin perfect. Excellent. And on the next slide, this is just here for your reference. This illustrates the 7. 3 acres of privately owned land will become public as part of the public trust exchange, and the citys acceptance of new streets, so these are not part of the streetification ordinance, so that everyone can see the full picture. This consists of 2. 3 acres in the lighter shade of green that will be added to the public trust, along with 2. 6 acres in turquoise that will be public park but outside the trust boundaries, and finally, 5. 8 acres of city streets that will be improved by build and accepted by the city afterwards shown in dark green. Heres just a final ownership area of the site. The areas in light green and turquoise will be owned by the city. The areas in dark green will be owned by the city in public streets, and the areas in light green will be owned by build. Chair peskin and mr. Cherry, while it is not material to the items that were discussing today, relative to Sea Level Rise protections, can you speak to this . Yes. So the project includes a well, there are a couple components. So there is a raising of the elevations of the site, a significant rise of elevation of both the developed the area that will be the next use development as well as portions of the park. There are also, i would say passes, mitigation efforts that are going to be constructed wetlands, improved sort of shore protection along the northside here. Y here, to sort of reinforce the dune areas, both seasonal and tidal. Its increasing the elevation of the site. Chair peskin and thats 900 innes, to my left . Yes. To the left is the [inaudible] thats right. Right here is the corner of what is currently griffith and in the future will be new hudson is the shipwrights cottage, and india basin and 900 innes and the park here are screened here, so all of this would be integrated with that. Chair peskin got. It anythi got it. Anything else to add, mr. Cherry . Not really. This is where we are, and we hope that this would take us to an effective earliest streetification in early november as discussed. Chair peskin thank you. Any questions . On behalf of the project sponsor, anything to add or subtract . Im here. I was muted. Sorry. Chair peskin, how are you . Chair peskin having of time of my life. My, too. Supervisor safai and supervisor preston, nice to see you. No, we would like to move this as quickly as move. Six years into it now, were probably going to be eight years into it before we actually get going, but we would like to get this to fruition for the neighborhood and the city and, you know, for build. So thats thats about all ive got. Chair peskin i like it. Nice and piffy. Are there any members of the public who would like to comment on this item . Clerk thank you, mr. Chair. Operations chair peskin do we have any speakers . Clerk go ahead. Operator im sorry. Ill go ahead and unmute. I have one caller. Hi, supervisors. Thank you. My name is kristin houck. Im a bayview resident and business owner, and id like to speak on behalf of this project. Id like to see it moving forward for the community. I have previous experience working with build, and theyre great in a partnership. Thank you. Chair peskin thank you. Are there any other speakers for this item . Operator that was the only raised hand. Chair peskin okay. Public comment is closed, and colleagues, if theres knno objection, i would like to move this item to the full board with recommendation. On that motion, madam clerk, a roll call, please. Clerk on the motion as stated [roll call] clerk you have three ayes. Chair peskin all right. The motion is passed. Next item, please. Clerk item number 5 is an ordinance accepting certain Public Infrastructure improvements to for purposes of city maintenance and liability, including the streets and stormwater pump station in the mission bay. Each speaker will be allowed Public Comments which to speak by calling 4156550001. The meeting i. D. Is 1469631010. Again, thats 1469631010. Press pound, and pound again. When connected, you will be in listening mode and muted. To enter the queue, press star, three. The system will indicate you have been muted, and please wait until you have been unmuted to provide Public Comment. Chair peskin from public works, we have [inaudible]. Thank you. Mark hennesey is going to start this off. Chair peskin all right. Who knew . Thank you [inaudible] my name is [inaudible] and im with the San Francisco public works committee. Im happy to say we are now at the back end of the Mission Bay Development, so i do have a presentation here, which i hope to share with everyone. I will be brief and quick. Everyone can see my slides . Chair peskin yep. Okay. So just to orientate everyone as to the Mission Bay Development, top of the page is third street on the northside. What you see highlighted is in the various areas is approximately nine blocks that we are requesting for it to be accepted into the city infrastructure. [please stand by] in response, as part of the the discussions with Mission Bay Development and there have been some funding from Tax Increment Funding put aside in the possibility of that occurrence should happen. And there was a possibility that within your package of approximately 20 million that is set aside for the p. U. C. , along with up to 300,000 for public works and potential. And it is a potential and thats why its put as a set aside. I defer to mark who may have a little bit more history on the agreements that have been discussed with Mission Bay Development. Chair peskin do you want to discuss that and who has the out year liability and why you think that 20 million is enough and how the finance mechanisms work . Okay. The outlying liability is the city. The pipes and sewer line that have been identified to date have had some little dips in them but theres no major sinking in the mud. Theyre all functional. All hooked up to all of the vertical development. So, i mean, there is concerns Going Forward. The financial thing is that theres tax increments that are until 2028 that the developer has the rights to use and can authorize that use to go towards some of these pipes that have been identified that arent in perfect shape. Chair peskin the right or the obligation . And if the developer didnt use it to o on that, what did the developer use it on . What is it being taken away from . If the developer doesnt use it and its going to the general fund. But as of right now there hasnt been any deterioration where we had to open up streets and replace any of the water lines on the streets. We have had issues with sidewalk sinking, which is are the responsibility of the adjacent Property Owners, but all of the underlying infrastructure, like i said, theres concerns that there might be a couple dips here and there, but no major, you know, issues that have arisen at all. Chair peskin and have we done geotechnical studies . Is this subsidence, what is this . You havent done any studies. Minei mean, studies were done beforehand when the engineers were designing it to put in the proper base to install the infrastructure. The city and the thirdparty geotechs, along with the city staff, were observing the work going in. So as to this time, i think that the settling on the sidewalks, its a different issue. Im not sure if that was pile supported or had the infrastructure base that is put in for the storm and sewer lines. Chair peskin how much inches have the sidewalk sunk at their height . I think that the worst, the corner of fourth and china basin, was 12inches, which is probably what they thought was the worst area in mission bay. Chair peskin and that did not put any downward pressure on the subsurface infrastructure . We havent noticed any damage occurring to the as i said were hooked up to the laterals. Chair peskin and is that a function of the fact that youve got flexibility in those laterals . Have you done any studies about whether or not the sidewalks are going to reach some level of equilibrium . Do we know at what point we expect the infrastructure to fail . Do we know if these streets are continuing to settle . I think that at the worst its kind of where geotech got would be the worst. And so i think that the streets have been in place for a long time and the majority of the settling starts in the first five years, 10 years, so were already there. But specifics to your question, we dont know exactly. Chair peskin so we dont have any report look, we got a report saying that the millennium would sink the millennium tower, four to six inches over its lifetime and its tripled that by now. Yeah. Chair peskin so doe we have a geotechnical report that says that wed have subsidence or compaction that would lead to what is a truly startling number of inches its a foot at fourth and china basin. Do we have reports that say that is what we predicted . Do we have any reports that say that we dont predict anymore . Because, otherwise, why would me and my colleagues want to accept more liability . I assume if we dont accept it, its on the developer to deal with this after tax increment expires in 2028. I know that the city is determined to complete. We tell the developer that it is complete per the requirements. So i dont know what happens if we decide to not accept the infrastructure. And currently the city is licensing all of the infrastructure to use it. I mean, in order to to charge monthly fees to use this infrastructure. So were currently licensing it. Chair peskin madam deputy City Attorney, would you like to give us advice before i open up to Public Comment and suggest that we continue this to a closed session . Chair peskin, id like to see if i could get the addressing of these questions. She would bhe would be more familiar with this. Chair peskin good afternoon, john. Any Public Comment on this item number 5 . Thank you, mr. Chair peskin. Checking to see if we have any callers in queue. We have no callers in queue. Chair peskin okay, Public Comment is closed and while we wait for the deputy City Attorney, madam clerk, hold off on whatever we decide to do on this item. Read item number 6. Clerk yes. Item number 6 is an ordinance amending the planning code and zoning map to rezone certain parcels in the industrial use districts to production, distribution and repair and other use districts and affirming the appropriate findings. The members of the public who wish to provide Public Comment on item number 6 should dial star, 3 im sorry, call 1 415 6550001. The meeting i. D. Is 146 963 1010. Press pound and pound again. If you are in line for item number 5, press star, 3, to get out of the queue. If you are already in queue, if you would chair peskin we closed Public Comment on item clerk i apologize. So you can press star, 3, to line up to speak. Thank you. Chair peskin thank you. This item was brought to us by the Planning Department and it was voted for unanimously by the Planning Commission. Mr. Sanchez, diego sanchez, from the department of city planning, who is the only person on this call who is wearing a tie, the floor is yours. [laughter]. Yes, supervisors, good afternoon. Diego sanchez with the Planning Department staff. Today ill present you an ordinance to amend the zoning map to reclassified properties, largely in the m1 and m2 Industrial Districts to production distribution and repair or p. D. R. Districts. And it amends the planning code to clarify the retail limits and to accommodate the submitted permit applications under proposed new zoning controls. Supervisors, the Industrial Districts are the citys oldest Industrial Districts still in use. These districtsa allow the gamut of industrial uses, including heavy foot traffic, noise generation and nextou noxious emissions. And they allow retail and housing. The question has been there for some time. Sensitive uses like offices adjacent to the m districts and the need to balance compatibility and quality of life with the land has arisen. As a result, the city, through the eastern neighborhoods bayview and other comprehensive Planning Efforts over the last 20 years has substantially rezoned most mzone parcels. Those mzone parcels that remain today are hot pieces of land and Public Infrastructure that were accidental omissions or oversights from the previous rezoning efforts. This proposed rezoning cleans up and rezones most of the remaining parcels. It largely rezones railways and public rightsofway with p. D. R. And public uses such as the wastewater plant and the other properties either our age or mixeduse district. The senate bill 330, the housing crisis act of 2019, requires that the cities when reducing housing capacity to expand it elsewhere at a commensurate level and at the same Effective Date of those two actions. The mZoning Districts allow housing with conditionaluse authorization. Mr. Of the proposed Zoning Districts such as the p. D. R. Allow homeless shelters but do not allow other types of housing. To comply, the staff have a potential of each property proposed for rezoning and quantify the lost housing capacity. Any reductions to be offset by an increase in zoning capacity afforded by another project. The staff aimed to time this industrial rezoning with the market octavia hub rezoning. However, the staff is proposing to link this rezoning to another project. To do this the staff is requesting the city to amend the proposal before you to do so. It currently reads that this ordinance is linked to market octavia and we propose language that was sent to you already to mention the reservoir project. Theres one last recommended or requested amendment and staff is recommending modification of the proposed language on page 6, lines 810. This is language on note 22, the p. D. R. Zoning table, and its language that the Planning Commission recommended unanimously at its april adoption hearing but did want maknotmake it into the ordinance before you for clerical errors or something to that nature. So the staff also recommend that you amend the ordinance before you to include the language that also was sent to you and im happy to read to you or to share my screen to show you the language for note 22. In a nutshell, what it does is to accommodate the selfstorage project that is working its way down the pipeline. What it does is bulk up the grandfathering language to allow f. A. R. S. So thats my conclusion thats the conclusion of my presentation and im definitely here for questions. Thank you. Chair peskin thank you, mr. Sanchez. Any questions from members, seeing none, any Public Comment on item number 6 . We have one person in the queue. Chair peskin first speaker, please, and look at this moon cake. Happy autumn moon festival. Go ahead. Caller theres a number of statements made by somebody who said that he was going to present something and i doubt that the supervisors heard the content of trying to build homes on industrial land. And in the middle of the socalled presentation, trying to make a connection with the reservoir that we were hoodwinked by the board of supervisors. And earlier on in life, i was n but for some reason i wasnt called. Its land to liquefaction, and the developer builds the infrastructure and walks away and theres no checks and balances and how to after the fact you want to remedy something. Why are we losing sight of qualityoflife issues . Why are we trying to hoodwink the public in broad daylight on zoning that is dubious in nature . You all dont seem to be i think that, you know, this corruption this corruption is blatant corruption and its filtered down to the planning, through the board of supervisors. Whewhen it comes to accountabil, we cant have somebody coming out and giving a presentation and then, you know, he pointed arrows in the air and youre going to go and move this to the board of supervisors. And you notice with this virtual socalled meetings, nobody wants to participate. So who is responsible for bringing this type of methods to the public and yet the public cannot, you know, really get information about it . Clerk thank you. Mr. Chair, unmute. Chair peskin thank you, mr. De costa. Any other members of the public to speak to item number 6 . There are no more Public Comments. Chair peskin okay, Public Comment on item 6 is closed. And i would like to take the two amendments that the Planning Commission and mr. Sanchez have suggested, the First Amendment which places the market octavia with the balboa reservoir, and the second one note 22 at page 6 from lines 810 previously described, i would make that motion. Madam clerk on that motion, a roll call, please. Clerk on the motion as stated, supervisor preston. Aye. Supervisor safai. Safai, aye. Supervisor peskin. Peskin, aye. You have three ayes. Chair peskin and then i would like to make a motion to send the item as amended to the full board as a Committee Report for hearing tomorrow, september 15, 2020. On that motion, a roll call, please. Clerk on the motion to update, supervisor preston. Preston, aye. Supervisor safai. Safai, aye. Supervisor peskin. Peskin, aye. You have three ayes. Chair peskin that motion passes and lets circle to item 5. Deputy City Attorney, i dont know how much you got to hear about my questions with regard to accepting the rightsofway pursuant to the completed work, pursuant to even before my time in 1998 d. D. A. , so if you can try to help us with that. And anything that we cant talk about in open session we can talk about in a closed session of this committee or other committees or the full board. And one question, what is that flag, mr. Malamut . John malamut from the City Attorneys office to the chair. This is a proposed redo of the San Francisco flag of the phoenix that i think that is gaining popularity in the last six or seven months. In response to the question about the subsidence, i would mention a few things. The Public Utilities commission did a video survey of all of the lines within the last two years i think they did a lot of work in 2019. So they have identified the areas where they think that there are some issues that may in part be a result of subsidence. But they fully have identified those issues and 20 million Tax Increment Fund that was mentioned is available to do those repairs at a subsequent time when it makes sense and it can be done with suggestion and other issues in the mission bay area. So the notion of subsidence was understood back in 1998 when the project was approved and when the first proposals for street design were set out. And the public works and the other city departments involved in the review understood that and approved the permits and inspected the work. So if the city were to proceed with this action, which is to accept the streets for maintenance and liability purposes, as was pointed out the sidewalks and any subsidence on the sidewalks and transitions and things like that would be the responsibility of the adjacent Property Owners. And the street, if there were further issues with it, would be city responsibility to repair. The kind of street im not an engineer but the kind of street design that the city approves is the whole street kind of moves together as i understand it in large panels. So as far as i know theres been no sort of differential settlement. So the streets are would move as a whole, at least in the street segment where the panels of concrete are. And so i think that the video work that the p. U. C. Has done in the last few years is sort of a good indication of what the city has experienced. And i do not know if that would necessarily increase or to be worse, but the fund is available to address that. Chair peskin and, mr. Malamut, is this joint or separated trench . As i understand it, theres a joint utility trench for all of the dry utilities. Chair peskin and separated from wha other utilities . Correct. Chair peskin okay. So relative to the value calculation on the 20 million, does that assume the current status of the sinking and presumably flexible joints that could fail . Is that a projection of future subsidence and failure over time . Are there projections of what future subsidence might look like . And is that 20 million enough to do it over time . I dont know i cant speak to all of those questions. One that i can address, however, through the chair, is that as i recall that the 20 million was based on a snapshot from todays costs. But there is a c. P. I. Indexing chair peskin so it was escalated over time . Right. So if the p. U. C. Doesnt undertake work on a particular street until 10 years from now, if there are increased c. P. I. Costs to perform what is the estimated work for that street, that would be covered. Chair peskin right. But theres no actual analysis or predictions of future subsidence and future costs . Theres just escalation of current known problems and escalation of costs over time for those known problems . I am not aware that theres been studies of projections of what could happen in the future beyond now. Chair peskin well, let me ask you this, mr. Malamut, and, by the way, these are things that should be answered by ocii or public works, but thank you for being incredible counsel to those organizations for many decades. What would happen if we didnt accept . Through the chair, i think that under chair peskin i am the chair. So directly to the chair, i think that under that circumstance, that the board might have a few options. You could direct the department of public works to work with the Development Team to undertake some additional studies that would give you information that might provide more comfort to the board of supervisors before you would proceed. I think that if the board did not proceed, we would have to look through the very sort of complex documents that compromise the Mission Bay South redevelopment plan. Theres the owner participation agreement, and a d. D. A. And an acquisition agreement. Wed have to probably do a fairly thorough legal analysis of what are the rights and remedies of the various parties, parties,ocii, the city, and the Development Team under those circumstances. Chair peskin thank you, counsellor. Mr. Hemr. Hennessey, anything t . When they did build it there was geotechnical analysis to understand the subsidence that would occur. Thats when they did the geotechnical analysis. Chair peskin you tell me that in 1998, they thought that fourth and china basin would sink a foot, really . I think they thought that it would be pretty bad. The master developer is here to speak as well, he could probably speak to that if you wanted to hear what he has to say on this. Chair peskin no, im interested in hearing what people have to say, but i actually want somebody to produce the line in a geotech report or an environmental document from, you know, from 22 years ago that actually says that we predicted that level of subsidence. I would also like to see a document that shows how much subsidence Going Forward and what those costs are and whether the 20 million estimated over time, it was sufficient to deal with that as the remaining tax increment that well have for a few more years before ocii ceases to exist. So i would like to take this offline. Im happy to do this in public, theres nothing secret about it. But i would like to have some conversations with public works, the City Attorney and ocii about this and im i mean, i can continue to another meeting here. We can actually delve down into these documents, but i would like to make a motion to continue this item to the call of the chair. But i look forward to working with you, deputy City Attorney malumat and mr. Hennessey and whoever else we have to work on this. But im not for one ready to accept this unknown liability unless i really understand it. So are there any questions or comments from vice chair safai or member preston . Seeing none, madam clerk, id like to make a motion to continue this item to the call of the chair. Clerk so this would need to be renoticed for 10 days to the call of the chair. Chair peskin it would have to be renoticed for 10 days once i decide when to recalendar it if im still the chair of this committee on that. A roll call, please. Clerk the motion as stated by supervisor peskin and supervisor preston . Aye. Supervisor safai. Safai, aye. Supervisor peskin. Peskin, aye. You have three ayes. Chair peskin thank you. We are adjourned. Clerk i would like to enter the following into the record that on february 25, 2020, the mayor declared a local state of emergency related to covid19. Furthermore, the mayor and governor have suspended certain emergencies and laws, making it possible to hold hearings remotely