Resolution: 22-02

Approving an Ordinance Adding Article 31 to the Health Code and Amending Sections 659, 1120.1 and 1227 of the Health Code to Establish Special Restrictions for Activities on the Hunters Point Shipyard To Address Potential Residual Contamination and To Authorize the Department Of Public Health To Implement These Restrictions, Impose Penalties, and Charge Fees To Defray the Costs of Implementation and Making Environmental Findings; and Approving Regulations Implementing the Proposed Ordinance

WHEREAS, the United States Navy has taken all actions necessary to clean up the land known as Parcel A of the Hunters Point Shipyard (HPS) and has obtained concurrence from the United States Environmental Protection Agency and state regulatory agencies that Parcel A can be transferred to the San Francisco Redevelopment Agency (SFRA) and used for unrestricted residential uses and open space consistent with the HPS Redevelopment Plan; and

WHEREAS, the SFRA intends to transfer ownership of Parcel A to a private developer, Lennar/BVHP, LLC for development and residential reuse in accordance with the Redevelopment Plan; and

WHEREAS, Parcel A of the HPS will be subject to the City's jurisdiction once it is transferred from the Navy; and

WHEREAS, Parcel A is currently exempt from Article 22A of the Health Code which requires an applicant for a building permit in areas of the City where historic fill is located to conduct soil sampling and manage any hazardous waste pursuant to a site mitigation plan approved by the Department of Public Health; and

WHEREAS, a new program is needed to establish a comprehensive approach to protect human health and safety and the environment and coordinate the various restrictions that apply to construction activities at the former HPS during and after development and to facilitate redevelopment as envisioned in the Redevelopment Plan; and

WHEREAS, the proposed ordinance repeals the existing exemption and requires applicants for City permits and approvals to meet certain requirements as determined by the Department of Public Health prior to obtaining City permits and approvals and makes compliance with requirements a condition of a permit or approval; and,

WHEREAS, the Board of Supervisors is considering companion ordinances amending the Building Code, Public Works Code and Subdivsion Code; and

WHEREAS, the proposed ordinance authorizes the Department of Public Health to recover its costs of implementation; and

WHEREAS, the proposed ordinance authorizes the Director of Health, with approval of the Health Commission, to adopt regulations to implement the ordinance; and

WHEREAS, the Director of Health has drafted and approved such regulations; and

WHEREAS, the proposed ordinances and regulations were prepared by Department staff, working with the Mayor's Office, the City Attorney's Office and the SFRA, and in consultation with interested members of the community, members of the Navy's Restoration Advisory Board, the SFRA's Citizen's Advisory Committee, federal and state environmental regulators, the Departments of Public Works, Building Inspection and Public Utilities, other City officials and Lennar/BVHP; and

WHEREAS, in accordance with the actions contemplated herein, this Commission adopted Resolution No.21-04, concerning findings pursuant to the California Environmental Quality Act (California Public Resources Code sections 21000 et seq.). Said Resolution is on file with the Secretary of the Health Commission and is incorporated herein by reference; and

WHEREAS, on March 31, 2004, the San Francisco Redevelopment Agency and the Navy entered into a legally binding Conveyance Agreement governing the transfer of the shipyard (the "Conveyance Agreement); the Conveyance Agreement gives the City and the San Francisco Redevelopment Agency a number of tools above and beyond what is required under CERCLA to cause the greatest practicable level of cleanup at the shipyard, including requiring that the State and Federal regulators concur that a parcel is safe for its intended use prior to the transfer, including Parcel E, and the Conveyance Agreement incorporates Federal laws that require the Navy to retain responsibility for unexpected environmental contaminants and to indemnify the San Francisco Redevelopment Agency and its transferees for such contaminants; therefore, be it

RESOLVED, that the Health Commission approves the proposed amendments to the Health Code; and be it

FURTHER RESOLVED, that the Health Commission recommends these amendments to the Board of Supervisors; and be it

FURTHER RESOLVED, that the Health Commission adopts the implementing regulations approved by the Director to become effective on the effective date of the Health Code amendments.

I hereby certify that the foregoing resolution was adopted by the San Francisco Health Commission at its meeting of November 16, 2004.

Michele M. Olson, Executive Secretary to the Health Commission