AHIMSA PORTER SUMCHAI, M.D., NSCA-CPT · 236 West Portal Avenue, #563 San Francisca, CA 94127·1423 AhlmsePortarS11mc:[email protected] (415) 859·5471

Sunshine Ordinance Task Force Complaint File# 20011 Date filed: 01/23/20 Previous File# 19077 To: Sunshine Ordinance Task Force 1 Dr. Carlton B. GoodlettPlace, Room 244 , CA 94102

Dear members of the Sunshine Ordinance Task Force,

I am submitting a concise summary of the public meetings, open government law violations I am able to provide better documentation of at your request in the opinions rendered in File# 19077.

In both files I identified Mayor London Breed and her appointed Hunters Point Shipyard Citizens Advisory Committee as having engaged in basic freedom of speech in public comment testimony and basic requirements for meeting quorum requirements in government sponsored hearings. I was not able to convince the SOTF that, like others who attended the 07/17/19 HPSCAC Environmental & Reuse sub-commitee hearing announcing the UCSF/UCB "Independent" Review Radiological Testing Hunters Point Shipyard, I felt was selectively noticed.

I do want to revisit your opinion in deciding whether SOTF had jurisdiction to cite the absence of a quorum at the announced 6pm starting time of the meeting as a public meeting violation. I am providing supporting audiovisual documentation that at the time the meeting began the three member required quorum was not present and District 10 Supervisor Shamann Walton is seated in a place holder position for the absent member. This audiovisual stream is available on the HPSCAC live stream at https://sfocii.org/hunters-point-shipyard meetings. In it you will here me publicly state as the chair began the meeting that there was no quorum present. Additionally, I am resubmitting youtube footage and raw video clips documenting the opening of the meeting, the lack of civility of the acting chair and the absence of a quorum. While this may seem a petty issue I believe it fundamental to understanding how minor violations of open meeting and accepted organizationalbylaws provisions can mushroom into what I am now filing as Complaint #20011.Alleges Mayor London Breed, UC Chancellor Sam Hawgood and the

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P159 scientists of the UCSF/UCB review of radiation soil standards at the Hunters Point Shipyard chaired by John R. Balmes, MD- engaged in potential violations of 's Ralph M. Brown Act and specifically, the Bagley-Keene Open Meeting Act requiring any advisory board or commitee to conduct open meetings.

They did so by conducting meetings in secrecy after being directed by Mayor London Breed not to speak to key stakeholders, scientists, medical professionals and environmental law attorneys. This is documented in an audio taped conference call on Friday, August 16, 2019 at 3pm between myself, Ramona Tascoe, MD and John Balmes, MD - Chair, Committee to Review Hunters Point Radiation testing protocols and data. During this audiotaped phone call Dr. Balmes also revealed the four scientists - contrary to the published findings in their 01.17/20 final report to Mayor London Breed - agreed the Parcel A CaDPH gamma scanned conducted on Parcel A was inadequate.

Dr. Balmes audio recording supports my complaint in File#19077 that I had been deliberately excluded from the usual circulation of meeting announcements for HPSCAC Environmental & Reuse subcommittee meetings I had received in the past. Indeed, I was invited by the Shipyard Homeowners Association to present to HPSCAC, along with Dan Hirsch in January 2019. Mr. Hank Heckel, the Mayor's representative states:

"HPSCAC did not bar, impede or otherwise prevent Dr. Porter Sumchai from participating in the meeting on the same basis and to the same extent as other participants. HPSCAC did not violate any bylaws or other applicable standards regarding the conduct of the meeting.

A public meeting act violation occurred the January 27, 2020 meeting of the HPSCAC in which the Navy and EPA presented conflicting standards for radiological remediation goals that have stalled publication of the 2018 Five Year Plan for the shipyard. I am providing an email I received in response to my request to display slide information during my 3 minute public comment statement at that meeting. The response from Chair Veronica Hunnicutt via Micah J. Fobbs supports her decision to censor public comment during a government sponsored hearing by a licensed medical provider operating in Bayview Hunters Point. That email is enclosed with this complaint package.

_ Dr. Balmes disclosed the Mayor and Chancellors offices were meeting weekly on the project. I requested President Janet Napolitano look into whether they discussed or agreed to citing buildings for the UCSF campus expansion at HPNS.

At the close of the audiotaped conference call I informed Dr. Balmes a Sunshine complaint had been filed ... he responded, "I don't care!"

P160 I was instructed by the State of California Attorney General's office to direct the UC complaint to President Janet Napolitano and potential violations of state law to the District Attorney. I have done as instructed but am asking that a complaint be reopened as File# 2001. In summary:

Article I, In General Sec. 67.1 Findings and Purpose (b) Elected officials, commissions, boards, councils and other agencies of the City & County exist to conduct the people's business. The people do not cede to these entities the right to decide what the people should know about the operations of local government.

(d) The right of the people to know what their government and those acting on behalf of their government are doing is fundamental to democracy, and with very few exceptions, that right supersedes any other policy interest government officials may use to prevent public access to information.

The Sunshine Ordinance Task Force review of this matter will be bolstered by requested reviews submitted to the California Department of Justice, the District Attorneys office and to UC President Janet Napolitano. The jurisdiction of the Sunshine Ordinance provisions in this matter are amplified by the CCSF adoption of the Precautionary Principle.

I will forward all of the department responses I received in noticing this complaint. In summary, I am referenced and cited in the January 17, 2020 Final Report of the UCSF/UCB review on radiation testing protocols being proposed at the Hunters Point Shipyard. I have a right to be heard in open government processes when I am being cited in reports that arrive at conclusions that do not protect public health and human safety.

Ahimsa Porter Sumchai, MD

P1 61 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Friday, February 21, 2020 9:54 AM To: SOTF, (BOS) Cc: Ahimsa Porter Ahimsa Porter Sumchai MD NSCA-CPT Subject: Re: Referral CA Attorney General's Office Complaint - Investigate Violations of State Open Government Laws UCSF/UCB Shipyard Review

Sorry! I was in transit and distracted. The item you reference is an exhibit for File No. 20011. I am in the process of itemizing supporting documents and responses from my request made to various city government agencies into a concise document that will be easy to follow. I plan to have that completed and to you by Monday morning, February 25, 2020. Ahimsa Porter Sumchai MD [email protected]

On Feb 20, 2020, at 2:42 PM, SOTF, (BOS) wrote:

Dr. Sumchai: 19077 is closed. An Order of Determination was sent to you February 19.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to al/ members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Ahimsa Porter Sumchai MD Sent: Thursday, February 20, 2020 2:20 PM To: SOTF, (BOS) Subject: Re: Referral CA Attorney General's Office Complaint - Investigate Violations of State Open Government Laws UCSF/UCB Shipyard Review

#19077 Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

On Feb 20, 2020, at 8:45 AM, SOTF, (BOS) wrote:

Dr. Sumchai: Which file number do you want to include this email?

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Boa.rd of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Boord of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Ahimsa Porter Sumchai MD

Sent: Wednesday, February 19 1 2020 10:18 AM To: [email protected]; SOTF, (BOS) ; Ethics Commission, (ETH) . Cc: Biomonitoring Hunters Point ; Ahimsa Porter Ahimsa PorterSumchai MD NSCA-CPT Subject: Referral CA Attorney General's Office Complaint - Investigate Violations of State Open Government Laws UCSF/UCB Shipyard Review

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Ahimsa Porter Sumchai MD [email protected]

Pl63 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Tuesday, April 14, 2020 11 :40 AM To: Colfax, Grant (DPH); Aragon, Tomas (DPH); Ethics Commission, (ETH); SOTF, (BOS); Heckel, Hank (MYR) Subject: Advancing environmental public health through implementation of a Biomonitoring Program at the Hunters Point Shipyard, a federal Superfund site

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

https://sfbayview.com/2019/04/advancing-environmental-public-health-through-implementation-of-a-biomonitoring­ p rogra m-at-th e-h u nte rs-point-shipyard-a-fed era 1-su pe rfu nd-site/ ·

Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

Ph64 \dvancing environmental public health through implementation of... https ://sfbayview. com/20 19 /04/ advancing-environmental-public-he ... Advancing environmental public health through implementation of a Biomonitoring Program at the Hunters Point Shipyard, a federal Superfund site

April 11, 2019

Hunters Point Shipyard, one of the nation's most contaminated Superfund sites

by Ahimsa Porter Sumchai, MD \dvancing environmental public health through implementation of... https://sfbayview.com/2019/04/advancing-envrronmental-public-he ...

"Biomonitoring is the next logical/ critical step for us to take in

addressing threats to public health. N - Sen. Deborah Ortiz, D-Sacramento, author of SB 680, The Healthy California Biomonitoring Program

Modern scientists can detect toxic chemicals in human tissue and body fluids using the new science of biomonitoring. In 2002, a study called "The Body Burden" found dangerously high levels of toxic chemicals in body fluids of volunteers.

Body burden is a popular term used by .environmental scientists to describe the total accumulation of toxins in our bodies or pollution in people! By analogy, climate change and human activities are increasing the body burden of the planet Earth. ,dvancing environmental public health through implementation of. .. https://sfbayview.com/2019/04/advancing-environmental-public-he ...

The Body Burden of the Earth

Human biomonitoring relies on a laboratory method called mass spectrometry that ionizes chemicals and sorts the ions based on mass to charge ratio. "Mass spec" analyzes samples of urine, blood, tissue, breast milk, umbilical cord and even baby teeth for multiple toxic "analytes."

In 2004, researchers found on average 200 industrial chemicals in umbilical cord blood collected by the Red Cross from 10 babies born in U.S. hospitals. These compounds ranged from pesticides to byproducts of coal, gasoline and garbage.

A 2019 investigation, led by UCSF Professor of Reproductive Medicine Tracey Woodruff, PhD, MPH, used "mass spec" to detect 56 chemicals in umbilical cord blood from women giving birth at two San Francisco hospitals, Mission Bay and San Francisco General. The body burden of toxic chemicals was higher in low income women who gave birth at the county hospital.

In 2003, a network of environmental activists and scientists, public health experts, faith and labor activists championed the California Body Burden Campaign to make California establish a statewide biomonitoring program. In 2008, meetings were conducted in Oakland, California, to guide implementation of the program.

The Bayview Hunters Point community is located in heavily industrialized southeast San Francisco. Historically, it has been one of the nation's high risk communities. P167 <\dvancing environmental public health through implementation oL https ://sfbayview. com/2019 /04/advancing-environmental-public-he ...

This caution sign is affixed to a barbed wire fence separating a children's playground atop Hunters Point Hill from the federal Superfund site below. There are no medical service providers in this isolatedr high risk region.

Epidemiological research documents that this region, less than 2 square miles in area, hosts hundreds of polluting industries, underground petroleum storage tanks, freeways, highways and dozens of pulverizing construction projects, including residential development at the Hunters Point Shipyard, a federal Superfund site. Adjacent to the federal Superfund site areiT'fg§ols and a densely \dvancing environmental public health through implementation of... https://sfbayview.com/2019/04/advancing-environ:mental-public-he ...

populated moderate to low income, ethnically diverse neighborhood home to the city's largest childhood population.

"Science is creating new compounds and chemicals that are finding their way into mother's milk and causing new problems. A central element of the precautionary approach is careful assessment of available alternatives using the best available science." - Precautionary Principle Ordinance in the Environment Code of the City and County of San Francisco

"Primum, nil nocere" is a Latin phrase that means "First, do no harm."

In July of 2003, the San Francisco Board of Supervisors adopted the Precautionary Principle as the first chapter of its Environment Code. The ordinance states, "Where threats of serious or irreversible damage to people or nature exist, lack of full scientific certainty about cause and effect shall not be viewed as sufficient reason for the City to postpone cost effective measures to prevent degradation of the environment or protect the health of its citizens." Thus, the Precautionary Principle Policy Statement codifies the civic duty to take anticipatory action to prevent harm.

A Superfund site is any land in the that has been P169 \dvancing environmentai public health through implementation of... https://sfbayview.com/2019/04/advancing-environmental-public-he ...

contaminated by hazardous waste and identified by the Environmental Protection Agency as a candidate for cleanup because it poses a risk to human health and the environment. These sites are placed on the National Priorities List and assigned a Hazard Ranking Score.

The average HRS for over 1,300 properties nationwide on the NPL is 50 percent. The overall EPA HRS for the Hunters Point Shipyard pre­ clean was 80 percent. The HRS for groundwater migration was 100 percent risk to nearby sensitive receptors.

Despite the adoption of the Precautionary Principle, in 2004 the San Francisco Board of Supervisors accepted transfer of land slated for residential development on the federal Superfund site at the Hunters Point Shipyard. The environmental impact review for the proposed development documented numerous unmitigated hazards to human health and safety from toxic air and residual soil contaminants including particulates, volatile organic compounds, lead and asbestos. \dvancing environmental public health through implementation of... https ://sfbayview.com/2019/04/advancing-environmental-public-he ...

Another one of countless caution signs at the Hunters Point Shipyard - Photo: Dan Chambers, SF Examiner

The environmental impact report (EIR) withstood legal challenge on grounds the economic benefits of the project to the low income minority community outweighed well documented risks to public health.

P171 <\dvancing environmental public health through implementation of... https ://sfbayview.corn/2019/04/advancing-environmental-public-he ...

From the very beginning, life threatening problems arose due to grading of asbestos laden bedrock and the failure of construction site air monitors to detect toxic dust exposures. Many believed the air monitors were deliberately deactivated to conceal dangerous exceedences in asbestos and particulate em.issions.

The Environmental Health Section of the San Francisco Department of Public Health documented a surge in hospitalizations for adult and pediatric asthma, empyema and congestive heart failure by 2005 when construction activities began. The Bay Area Air Quality Management District 2007 report card found air pollution in Bayview Hunters Point ranked in the 80th percentile for particulates, carbon monoxide, nitrogen oxides and volatile organic compounds and in the 90th percentile for sulfur. \dvancing environmental public health through implementation of... https :// sfbayview. com/2019 /04/ advancing-environmental-public-he ...

EPA mapping of particulate emissions in Bayview Hunters Point documents more than 20 tons per year.

The EPA Office of Air and Radiation identifies particulate matter to be a mixture of solid and liquid droplets suspended in air made of acids, organic chemicals, metals, soil, dust, allergens and, in the case of the Hunters Point Shipyard where radiation contaminated soils are undergoing remediation, volatilized radionuclides!

Particulate exposure has been directly linked to hypertension, heart attacks, pediatric and adult asthma, congestive heart failure and pre­ term infant births and increased infant mortality rates. The World Health Organization recognizes air pollution as a carcinogen and a leading cause of lung cancer among non-smokers.

All of these conditions are health disparities in Bayview Hunters Point, where infant mortality rates increased from 12.5 per 1,000 live births to 15 per 1,000 live births - across all ethnic groups.

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Community scientist Raymond Tompkins conducts soil sample analysis using mass spectrometry with students of the UC Berkeley summer math and science "boot camp." Tompkins worked with San Francisco State University Chemistry Professor Peter Palmer, using NASA grade air monitors in 2007 to detect elevations in volatile organic compounds including benzene and toluene in room air testing of schools located adjacent to the federal Superfund site at the Hunters Point Shipyard.

On March 1, 2009, community scientists in partnership with academic researchers from the University of California San Francisco and San Francisco State University applied for $2 million in funding from the National Institute of Environmental Health Sciences to conduct community exposure research drawing upon the powerful new science of biomonitoring to establish cause and effect relationships between toxins in the environment, their detection and disease expression among members of the exposed community.

The investigative team was led by myself, along with Raymond Tompkins, Peter Palmer, PhD, and UCSF Clinical Professor of Pediatrics Carol Miller, MD. Dr. Kim Hooper of the California Environmental Laboratory in Berkeley and Lori Copan, PhD, MPH, of the California Biomonitoring Project consulted on the proposal. While the 2009 research initiative was not funded, it planted seeds that have germinated a decade later to advance the implementation of a community-based biomonitoring program in partnership with academic medicine and research.

Driving the environmental health and justice movement in southeast San Francisco is a sense of urgency and a need to protect current and future residents from an "avalanche" of toxic chemicals linked to the community's inordinate incidences of cardiopulmonary disease, cancers, and immune, neurological, and behavioral disorders. <\dvancing environmental public health through implementation of... https ://sfbayview. com/2019/04/advancing-environmental-public-he ...

On March 29, 2019, community scientists in partnership with academic researchers from the University of California San Francisco presented preliminary findings from the January 2019 launch of the Hunters Point Community Biomonitoring Program to the California Office of Environmental Health Hazard Assessment.

The preliminary investigation relies on a simple urinalysis conducted by Genova Diagnostics Laboratory using mass spectrometry to detect 35 toxic and nutrient elements including many of the major toxic metals and radionuclides known to be present in industrial and occupational settings. Many of the documented chemicals and radionuclides of concern at the federal Superfund site can be analyzed with a seven-day turnaround.

The Hunters Point Community Biomonitoring Program investigative team is led by UCSF Associate Professor Rupa Marya, MD (left), and community scientists Ahimsa Porter Sumchai, MD, and biochemist and executive director of Bayview Community Advocates J. Michelle Pierce (right).

The community-academic partnership has blossomed to include the support of UCSF Vice Chancellor and Dean of the School of Medicine Talmadge King, MD; Tracey Woodruff, PhD, MPH; retired UCSF clinical P175 i\dvancing environmental public health through implementation of... https ://sfbayview. com/2019 /04/ advancing-environmental-public-he ...

epidemiologist Mark Alexander, PhD; Daniel Hirsch, founder of the

Committee to Bridge the Gap, a non-profit nuclear policy orga~ization and pathologist; and UCSF Associate Professor Robert Gould, MD, president of Physicians for Social Responsibility. Community scientist Raymond Tompkins consulted on the launch of the program.

The people of Bayview Hunters Point deserve nothing less than protection from the adverse impacts to health and safety from poverty, racism and environmental injustice.

Comprehensive Urine Element Profile 2-1 hour Re.r~ort

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Patient: SAMPLE PATIENT Age: Sex: MRN:

Reaults In µg/24 hours Results In ~ll/24 houra Raranmci. Rofe:runco Element Rmnonc:>e: Range Ran git Elomont Retoronco Range Range

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Gil Ilium <=0.031 i1iic

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Rui*flum <• 2.4&G Calcium 3$"40$

TI!•Ilium <= 0.273 Magnesium 45-i75

Thorium <• 0.108 Potauium ~.ssa

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The medical necessity for implementation of a human biomonitoring program for residents living within a one mile radius of the federal Superfund site at the Hunters Point Shipyard is met by understanding the scope of contamination of this property placed on the Nationa.I

P176 '\dvancing enviromnental public health through implementation of... https ://sfbayview.com/2019/04/advancing-enviromnental-public-he ...

Priorities List in 1989 and assigned Hazard Ranking Scores of 80-100 percent based on risk of exposure, number of toxins and proximity to sensitive receptors, including over 20 schools and daycare centers, vulnerable neighborhoods and San Francisco Bay.

The Hunters Point Community Biomonitoring Program strives to advance environmental public health through the establishment of a voluntary toxic registry and hazard mapping surveillance system designed to:

• Optimize access to high quality care.

• Optimize nutrition and lifestyle to prevent and mitigate the expression of toxic environmental diseases.

• Optimize the early detection of diseases linked to environmental and occupational hazards through implementation of an environmental health referral network;

SF Bay View Health and Environmental Science Editor Ahimsa Porter Sumchai, M.D., founding chair of the Hunters Point Naval Shipyard Restoration Advisory Board's Radiological Subcommittee and contributor to the 2005 Draft Historical Radiological Assessment, can be reached at [email protected]. Dr. Sumchai is also president and medical director of Golden State MD Health & Wellness, an author and a UCSF and Stanford trained researcher.

P177 1'),.....+1'1 11119/2020, 11:01 AM Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Friday, April 17, 2020 9:22 AM To: [email protected]; Angel Bradley; Ramona Tascoe; Raymond Tompkins; Bouagnon, Aude (UCSF); Francisco Dacosta; [email protected]; Khalil Anthony; Ahimsa Porter Ahimsa Porter Sumchai MD NSCA-CPT; Clinic HP Biomonitoring Medical Screening; Bayview Hunters Point Environment Justice Response Task Force Cc: Clerk Calvillo Angela-; Board Of supervisors; SFPD, Commission (POL); DPH,- Health Commission (DPH); Aragon, Tomas (DPH); Colfax, Grant (DPH); SOTF, (BOS); Michael Gray; Fagone Jason; Yee, Norman (BOS); Stella Miranda; [email protected]; Sam Hawgood; CAC HPS; at HPS Info Subject: Findings of Hunters Point Community Biomonitoring Program - Request for Urgent ·Meeting -Email Me - Thank You I Congresswoman Nancy Pelosi

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

https://pelosi.house.gov/htbin/formproc/email-me.txt&display=/contact-me/email-me/email-me-thank­ you&nobase&fpGetVer=2 Ahimsa Porter Sumchai MD [email protected]

P1]8 .'he Hunters Point Community Biomonitoring Program is establish ... https :/I asumchai.medium. com/the-hunters-point-community-biomo ...

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Ahimsa Porter Sumchai MD, PD (Postdoctoral Fellow) 247 Followers · About Follow

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~ Ahimsa Porter Sumchai MD, PD (Postdoctoral Fellow) May 24 · 12 min read * ~

TO THOSE WHO MUST BE SHOWN!

"There are three classes of people: those who see, those who see when shown9 those who do not see" - P179 fhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community'-biomo ...

Leonardo da Vinci 1452-1519

The Hunters Point Community Biomonitoring Program is Establishing Cause and Effect Relationshi:gs Between Environmental Toxins and Ex:gressions of Disease.

The Hunters Point Naval ShiQY.ard is a federal Su12erfund site located in southeast San Francisco.

Like denying a paternity suit when the baby looks just like you, US Navy BRAC Environmental Coordinator Derek J. Robinson issued a statement published by the San Francisco Public Press in an article authored by award winning investigative journalist Chris Roberts, Toxic Metals Found in Shipyard Neighbors:

"The Navy conducts its ongoing clean-up efforts while simultaneously ensuring continued public safety... High levels of toxic elements could be explained by medical history, diet, immune status, genetics and hobbies, where they live, their occupation, place of work and other environmental factors." https://sfpublicpress.org/news/2020-05/toxic-metals-found-in-shipyard­ neighbors-but-source-still-unknown P180 ['he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

The Hunters Point Community Biomonitoring Program is fll.mded by the Packard f'o11.mdaticm and licensed by the Medical Board of California to offer comprehensive medical evaluations al'ild urinary toxicology screenings using mass spectrometry for workers and residents within a one mile radius of the federal Superfond site at the Hunters Point Naval Shipyard. All urine tox screenings corrullucted, since the launch of HP Biomonitoring in Ja1rn.1ary of 2019, have detected one or more elements in toxic concentrations documented to be present at the Hunters Point Navai Shipyard.

Robinson's denial of the findings of shipyard soil elements in toxic concentrations in 30 residents and workers within a one mile radius of the federal Superfund site is like denying a paternity suit ...when the DNA test is a match! All chemicals detected to date - using a simple urine toxicology test analyzed by mass spectrometry - are documented by the Navy's Parcel A Record of Decision to be present in Parcel A soils or by the Nuclear Regulatory Commission (NRC) as having been used by scientists of the Naval Radiological Defense Laboratories (NRDL) at the Hunters Point Naval Shipyard.

P181 lhe Hunters Point Community Biomonitoring Program is establish... https://asumchai.medium.com/the-hunters-point-community-biomo ...

p I

I I

{ ursuant to the Comprehensive nvlronmental esponse, ompensation, and Liability .Act)

The Parcel A Record of Decision (ROD) is a document required by the Comprehensive Environmemtal !Response, Compensation, and liability Act (CERCLA aka Superfund law) to describe the risk exposure of remediation on a federal Superfund site. Furthermore, the ROD must dearly state remedial action objectives and describe the remedy. The Record of Decision is like a medical doctors comprehensive evaluation and treatment plan.

P182 rhe Hunters Point Community Biomonitoring Program is establish ... https :/I as urn chai.medium. com/the-hunters-point-community-biomo ...

The Parcel A Record of Decision (ROD)~published by the U.S. Department of the Navy-documents cancer risks for chemicals of concern in soils at Parcel A. Ali chemicals HP Biomonitoring has detected in toxic levels in 30 shipyard workers and residents correspond to Parcel.A soils and landfills. Note, the EPA 2002 preliminary remediation goals are derived from IPRGs (preliminary remediation goals) originally documented in the 1995 Paree! A ROD. These clean up standards are being coli'ltested by the 1Environmeli1tal Protection Agency in a standoff that has delayed publication of the shipyards 2018 Five Year Plan and halted the shipyards development

P183 fhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

A urine toxicology screen obtained dlmi1r1g ain acute asthmatic episodle on a H1J1nters Point hmtop homeowner documents elevated concentrations of numerous shipyard chemicals of concern i111ch.J1di1Jg the radioactive element thallium used as a rat killer in shipyard in

P184 fhe Hunters Point Community Biomonitoring Program is establish ... https :// asumchai .medium. com/the-hunters-point-community-biomo ...

P185 rhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

The radioactive elemewrt Fh.ibidlium is one of seve1ral rare rndiom11dides used by NRDL at the Hunteirs Poillilt Naval Shipyard according to the the NIRC. Rubidium is a beta and gamma emitter detected in shipyard workers and "neighbors." Note radioactive K40 and K42 were used at the slhipya.rd. Other rare elements with radioactive isotopes detected by HP Biomonitorlng include cadmiaJ1m and gadolinium - a gamma emitter used as rneu!:rcm shielding in nuclear propulsion systems, vanadium - an alpha emitter that when irnlhaled causes headaches and 111osebieeds. Products of m.11c!ear fission in toxic concentrations have been detected incia.J1dling ura111ium, thallium, cesium and strontium.

"There aP-f;!ears to be 1110 threshold below which ex9osure can be viewed as harmless" Professor Emeritus Herbert L. Abrams - Biological Effects of Ionizing Radiation (BIEIR) VII

On July 28, 2019, I authored an article published in the SF Bayview Newspaper, challenging the myth of low level radiation. It referenced the findings of a physician scientist I hold in high esteem. Founder of the Nobel Prize winning International Physicians for the Prevention of Nuclear Wm~ Stanford/Harvard Professor Emeritus Herbert Abrams discovered low dose exposure to x-rays and P186 ['he Hunters Point Community Biomonitoring Program is establish ... https :// asumchai.medium. com/the-hunters-point-comm unity-biomo ...

gamma rays increase your risk of cancer.

Abrams sat on a committee of 16 international experts to develop risk estimates in a series of reports issued in the aftermath of the July 1945 atomic bombing of Hiroshima and Nagasaki. Biological Effects of Ionizing Radiation (BEIR VII) reviewed new data on atomic bomb survivors, their offspring and 1,300 research studies on radiation exposure at the cellular level.

P1R7 ['he Hunters 'Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

HP IBiomonitoring ... Detect..,Protect... Prevent!

The Hunters Point Community Biomonitoring Program launched in January 2019 driven by the urgent need to offer human testing for neighbors and workers at the federal Superfund site following the crisis that emerged in 2018 in the aftermath of efforts to minimize and delay discovery of a radium emitting device in a newly developed residential neighborhood at The Shipyard. Radium 226 is one of the most abundant gamma emitters in shipyard soils. It's adverse health effects are illustrated best by Nobel winner Madame Marie Curie who discovered Radium and died from leukemia.

P188 ['he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

A radium emitting deck marker - used as a non electrical light somce on Navy vessels - was discovered in a residential neighborhood at the shipyard in a region the Navy never illwestiga.ted in 2018. The founders of the Hunters Point Community Biomonitoring Program took urgent action to establish a voluntary toxicological testing program at the federal Superfund site••. the first in the Nation!

The Hunters Point Community Biomonitoring Program conducted urinary toxicological screenings in residents and workers with medical histories of cancer and tumors. In all cases, chemicals were detected in elevated concentrations proven to be present in shipyard soils and carcinogenic, immune suppressing, and tumor inducing. Three cases prove this point:

"Mr. T" has lived and worked adjacent to the shipyard for decades. He is a "big man" who works overnights as a heavy equipment operator at a major industry on Pier 96. "Mr. T" does not smoke or drink, attends church and has never failed a

mandatory drug test. He is exposed to p~~i§: metals and sees dust at work, in his ['he Hunters Point Community Biomonitoring Program is establish ... https ://asumchai.medium. com/the-hunters-point-community-biomo ...

home and surrounding environment. Seasonal allergies and constant exposure to particle pollution makes his eyes red, his nose stuffy, trigger asthma attacks and acid reflux. Once he had an asthma attack after inhaling toxic dust in his workplace so severe he could not breath. His supervisor said, "You're just coughing ... go back to work!"

"Mr. T" went to an urgent care clinic instead, where he was treated immediately with mist inhalers for severe occupational asthma. Fortunately for "Mr. T", that episode of asthma triggered at work was in his medical record when he was diagnosed with throat cancer in 2018. It supported his claim the throat cancer was caused by exposure to inhaled toxins in his workplace. His employer contested the claim.

Had "Mr. T" been exposed.to toxic dust while operating a tractor during cleanup of New York's pulverized Twin Towers on 9 /11, he would easily qualify for entry into the World Trade Center Health Program with verified medical conditions like chronic sinusitis, asthma, acid reflux and throat cancer. He would be eligible for health and financial benefits and his offspring would be eligible for survivor benefits. Additionally, he and his family would be part of a surveillance system designed to detect generational health effects from his documented exposure.

But instead, "Mr. T" faced disability and financial loss, catastrophic weight loss, life threatening complications from radiation and chemotherapy... and an employer who denied his claim a lethal throat cancer was caused by workplace toxic exposures.

P190 [he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Toxic elements detected on initial urine screening following the dnagnosis of laryngeal cancer in a worker and resident exposed to particle pollution and toxic mefals include aluminum, bismuth, and gallium. Note tin is trending towards a toxic range. !Elevated ccmcentrations of aluminum and tin in a recycling plant heavy equipment operator are suggestive of workplace exposure.

"Mr. T" requested biomonitoring evaluation and urinary screening in 2019. The first urine test detected numerous chemicals in toxic concentrations including aluminum, bismuth and the radioactive element gallium. All elements detected in elevated concentrations are documented to have been used at the shipyard including the alpha emitter Bismuth- 207 that was used by NRDL. P1 91 ['he Hunters Point Community Biomonitoring Program is establish ... https :// asumchai.medium. com/the-hunters-paint-community-biomo ...

Kathyrn Higley is the Navy's paid radiation expert. Higley responded to the urine screening results released by "Mr. T" and expressed her opinion gallium - detected in concentrations almost two times higher than maximum- might be· a "false positive" caused by residual gallium in "Mr. T's" body from contrast agents used in MR1 scans to image his throat cancer a year earlier.

Additionally, a toxicology consultant suggested "Mr. T's" elevations in aluminum and bismuth might be due to antacids taken for acid reflux. Recognizing the validity of these concerns, HP Biomonitoring conducted an advanced records review and repeat urine screening to determine whether aluminum and bismuth concentrations were declining and if gallium concentrations had been transiently elevated due to medical use in contrast agents. The repeat urine screening revealed the following:

Follow Up urine screening conducted to determine whether elements detected in toxic concentrations were due to medical sources or environmental exposures. The screening shows gallium in concentrations below reference and a. decline in aluminum and bismuth levels after stopping all antacid use and while on disability leave from the workplace. Note manganese is detected in concentrations greater than maximum allowable levels. Nutrient deficiencies in iron, calcium, magnesium and zinc were detected on the initial urine screen. Deficient nutrient elements improved following dietary supplementation on the second urine screen.

P192 ['he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Findings on repeat urine toxicology screen support the opinion that gallium detected in the original screening may have been elevated due to the"false positive" detection of residual gallium from contrast agents used to image cancers of the throat. Detecting gallium in toxic concentrations due to contrast agents administered a year earlier is not, however, consistent with it's basic pharmacokinetics. Over 90% of a gallium dose administered in contrast agents is excreted within 24 hours. HP Biomonitoring investigators concede elevations in aluminum, and bismuth concentrations oh the initial urine screening test could have been due to use of antacids but conclude occupational exposure cannot be excluded. "Mr. T"works in a recycling plant, perpetually exposed to aluminum scrap, volatilized metals and visible dust. It is equally likely aluminum, tin, bismuth and even gallium levels detected in toxic concentrations on the initial urine screening returned to normal during the period in which he was disabled by throat cancer and not working.

Manganese was detected on repeat urine screening well above reference range in "Mr. T" and in all HP Biomonitoring urinary screenings performed to date consistent with a community wide exposure from a community wide source of toxic release ... the Hunters Point Naval Shipyard - a federal Superfund site.

P193 [he Hunters Point Community Biomonitoring Program is establish ... https://asurnchai.rnedium.com/the-hunters-point-cornmunity-biorno ...

The southwest border of the Hunters Point Shipyard is comprised of radiation contaminated Parcel E and the underwater Parcel F regions that drain -like a toilet- into the South Basin of San Francisco Bay. Dr. B lives in a home she inherited at the southwest border of the South Basin.

"Dr. B" is a high level administrator for the San Francisco Unified School District; She is an attractive high functioning professional woman who broke racial P194 Lhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

barriers as a flight attendant for an international airline prior to earning a PhD. Dr. B inherited her mother's home near the shipyards South Basin region. Prior to that she lived in a newly constructed housing development on the Hunters Point hilltop west of the shipyard where she recalls being bombarded by dust particles that triggered chronic sinusitis and asthma.

HP !Biomonitoring conducted a comprehensive medical evaluation, urinary screening and expert referrals for a resident and homeowner diagnosed with three different brain tumors and one lung tumor while living within a one mile radius of the Hunters Point Shipyard. Arsenic, Gadolinium, Copper and Manganese were detected in alarming concentrations that prompted immediate referral to UCSF Occupational and Environmental Medicine clinic and notification of the regional poison control center,

P195 The Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

"Dr. B" underwent surgery at UCSF for tumors of the brain and lung diagnosed simultaneously while living on the Hunters Point hilltop. She presented to HP Biomonitoring in January of 2020 after being diagnosed with brain tumors compressing the auditory nerves in both ears. Dr. B recalls an ENT surgeon once asked if she "lived near a toxic dump." Her biomonitoring evaluation mapped the location of her home less than a mile from the South Basin -the toilet of the Hunters Point Naval Shipyard!

"Dr. B" has arsenic concentrations in her urine that exceed Tentative Maximum Permissible Levels (TMPL) along with gadolinium in concentrations 20 times greater than allowable. Gadolinium is "highly toxic" as a free agent according to Wikipedia. It was used at the shipyard for neutron shielding in nuclear reactors and nuclear propulsion systems and has been detected in toxic concentrations in multiple HP Biomonitoring urine screenings. Gadolinium is used in contrast agents for breast MRI screenings of high risk women. Concerns about it's safety are on g_oing given its ability to remain in the brain and body for years.

Mapping of the residential address of 10 residents screened during the 2019 pilot launch of HP P196

11 11 f\//")f\"1f\ 11 ,f\"'J A l\tf fhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Biomonitoriirng. All live within tlhe oll1le mile rndliws of 'i:llue Hunters Point Shipyard for a minlimll!m duration o·f o~ ye7ar.

Northeastern view of tlhe Hlmters Point Shipyard promontory landmarked by the iconic Gantry Crane and surro1.mding neighborhood.

"Ms. L" has lived for 33 years in a home she owns on Oakdale Avenue a quarter of a mile from the Hunters Point Naval Shipyard. She is an artist and activist who worked for ten years as a platemaker for the San Francisco Chronicle newspaper at the Evans Avenue print shop. The street where she lives and walks her dog,· runs one block parallel to the Hunters Point Naval Shipyards historic entry east from 3rd and Palou onto Crisp Road-where the United States Naval Radiological Defense Laboratories (NRDL) operated in the 800 series buildings from 1946 to 1989.

P197 fhe Hunters Point Community Biomonitoring Program is establish... https :// asmnchai.medium. com/the-hunters-point-community-biomo ...

"Ms.l'' walks her dog alol!'lg the historic entry route to the shipyard following Palou towards Crisp Road where NIRDL laboratories operated from 1946to1969.

P198

11 /1 f\/rilV"'lf\ 11,f\") A l\,f 'he Hunters Point Community Biomimitoring Program is establish, .. https ://asurnchai.m edium. com/the-hunters-point-community-biomo ...

The United States Naval Radnoiogical laboratory complex located in the Bll!lilding 800 sel!'ies 0111 Crisp Road, the eastern extension of Pa.Jou.

Aerial view of the southwest border of the shipyard includes the South Basin region and the Crisp Road Building 800 series NRDL campus.

Building 815 was the main laboratory and administration building for the NRDL It Is located on Crisp Road in \Parcel A-2 where Lennar developers has proposed building a residential neighborhood.

"Ms. L" served an an elected member of the Hunters Point Shipyard Restoration P199 [he Hunters Point Cornrnunity Biornonitoring Program is establish ... https://asurnchai.rnediurn.corn/the-hunters-point-cornrnunity-biorno ...

Advisory Board (RAB) from 2000 until the Navy dissolved the body in 2009. While serving on the RAB and living within a "stones throw" from the shipyards radiation contaminated shorelines and laboratories, "Ms. L'' underwent two brain surgeries to remove tumors at the base of her skull and beneath the frontal lo bes of her brain and a lumpectomy to excise breast cancer. She has been told there are additional small tumors in her brain. She requested voluntary biomonitoring evaluation and urinary screening in 2020 to determine why she has been diagnosed with so many cancerous and noncancerous tumors.

Note the sheer number of elements detected in concentrations greater than 1 S.D, for the normal P200 fhe Hunters Point Community Biomonitoring Program is establish ... https :// asumchai.medium. com/the-hunters-point-community-biom o ...

pop!Uliation to floridly toxic indude Gadolinium detected irn conce1r1tratio1111s 18 i!:imes higher than the 11eference popn.nlatioliil alorag with radioactive elements and prcdlucts of na.ndear fissfon, Cesium, Thallium, Rubidium, Strontium, Vanadium and Manganese,

Environmental Crimes - Polluter Pays!

The United States Department of the Navy operates at the former Hunters Point Naval Shipyard under the auspices of the Southwest Division of Naval Facilities Engineering Command located in San Diego. Derek J Robinson is the BRAC Environmental Coordinator for remediation activities at the federal Superfund site. The U.S. Navy is the principle generator of toxic emissions and discharges on the base. Many discharges and releases are actions performed under the guidelines of the CERCLA act ... many are not!

P201 11 /1 ()/')(\')(\ 11-(\') /\ 1\lf The Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Proposition 65 warning sign posted on a fence near Building 830 located at 75 Crisp Road~ a former NRDl animal compound now used by UCSF. The sign was illegally removed in March of 2020 by a UCSF Supervisor after 12 workers screened by HP Biomonitoring had multiple shipyard chemicals detected in their bodies. This is a Federal and State Occupational Health &Safety Violation.

My final year on the Hunters Point Naval Shipyard Restoration Advisory Board was 2005. It was the year I voiced public opposition to the Navy's adoption of Time Critical Removal Actions, called TICRAs. TICRAs are remedial actions . performed outside the nine step process required by federal Superfund law with the intent of expediting cleanups that pose imminent threats to human health and the environment. TICRAs offer corrupt development interests an opportunity· to fast track residential development at one of the most contaminated properties on the National Priorities List.

The Tetra Tech soil scandal has mushroomed into a public health crisis with the finding of heavy metals and radioactive elements in the bodies of workers and neighbors nearby. In 2005 Tetra Tech was awarded a contract by the U.S. Navy to perform TICRAs throughout the base. ~~~2's how the Tetra Tech soil fraud [he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

began ... when the Navy granted Tetra Tech, Inc. license to "run amok" outside the federal Superfund act and conduct radiological soil and building cleanups with restricted regulatory oversight.

In response to HP Biomonitoring's detection of dozens of toxic chemicals in the urine of Hunters Point residents and workers using the validated analytic method mass spectrometry and the new science of biomonitoring, Navy BRAC Environmental Coordinator Derek J. Robinson denied an expanding archive of evidence based documentation proving the shipyard's original EPA Hazard Ranking Score of 80°/o accurately predicted it is not safe for residential development!

The EPA Pre-Clearmp Hazard Ranking Score for the federal Superfond site was 80% overall and 100% for groa,mdwater migration. The percentage represents the mcelihood sensitive receptors wm come in contact with hazardous releases emanating from the property;

The buck stops with the U.S. Navy at the Hunters Point Naval Shipyard! The Navy · is ultimately responsible in civil and criminal actions seeking damages for negligence in shipyard remediation and oversight, discharging toxic landfill gases into the air, and the 2004 decision to relax cleanup standards for manganese- a chemical detected in toxic concentrations in 100% of HP Biomonitoring urine screenings to date.

P203 The Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Towards Establishment of the Hunters Point Community Toxic Registry

P204 [he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

P205 ['he Hunters Point Community Biomonitoring Program is establish ... https://~sumchai.medium.com/the-hunters-point-community-biomo ...

The Hm11ters Poh11t Comm11.1nitll Bnomonitoring Program Medical Sct·eening Ciili'iliC us located at 50213rdl Street in the heart of Ba.Y.Yiew! [email protected]

It is my hope the Polluter Pays Principle will be applied nationwide to toxic exposures we can now fingerprint as having emanated from remediation and development activities on a federal Superfund site. It is my dream we will one day see the establishment of the Hunters Point Community Toxic Registry, modeled after toxic registries operating nationally at the Veterans Administration hospitals and the World Trade.Center Health Program.

The U.S. Navy at Hunters Point denies toxic chemicals- documented by the· Navy to be present in soil and landfills at a fraudulently cleaned Superfund site - are being detected in shipyard neighbors using state of art biotechnology, personalized medicine and the new science of human biomonitoring.

P206 l'he Hunters Point Community Biomonitoring Program is establish ... https :/I asumchai.medium. com/the-hunters-point-community-biom o ... fhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

The 2010-2011 Report of the Sl!.llperior Court CM! Grand Jury fm.111r1dl the San Francisco Department of iP'l!.llblic Health is reimbursed by the shipyards Master Developer Lennar for expenses generated by residential development cm a federal Superflmd site. The 2019-2020 Superior Court CMI Grand Jury is finalizing their updated report.

"Tis the business of little minds to shrink) but they whose heart is firm) and whose conscience approves their conduct) will pursue their principles unto death." Leonardo da Vinci

P208 fhe Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

P209

11 /1 O/'l()'J(\ 11 .()') A "l\Jf The Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

Ahimsa Porter S!.llmchai MD, Prifiilcif,lal lfiilvestigator & Medical Diirector Hunters Point Comml\.!Jnity: Biomcmitori1111g Program. Dr. Sl\.!Jmchai served as a i::11hysician si::11ecialost with the Sam Firancisco De~artment of PUJbloc !Health a.nd as AUe1111ding Physician for the !Palo Alto Veteran's Administration Toxic IRegistr)l. In 2000 Sumchai was elected! to the HL!lnters Point ShiP-yard Restoration Advisorv. Board, and in 2001 became founding chair of its Radiological SL!lbcommittee. Sumchai contributed to finalization of the Historical Radiological Assessment 1939-2003. A graduate of the UCSF School of Medicine Class of 1981, Dr. Sumchai completed a two year c!inncal and research Postdoctoral Fellowship in the Department of Surgery at Stanford University serving as a flight physician for the Stanford life Flight helicopter and research consultant in ceirvical spine injmy, transport and stabilization. Dr. Sumchai has a IPubmed bibliography of peer reviewed books and journal articles at htt~s://www.ncbi.nlm.nih.gov[~ubmed /?term=Sumchai%20A%5BAuthor%5D

2. httgs :/Iopmed. doximity. com/articles/ declaring-a-public-health-crisis-at-the- · hunters-point-naval-shipyard-in-san-francisco-a-federal-f42a6b7666bb

3. https://sfbayyiew.com/2019/08/the-myth-of-low-levle-radiation-it-is-not­ harmless/

P210 32 of34 11/19/2020, 11 :02 AM ['he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

4. https://www.navfac.nayy.mil/niris/Southwest/Hunters Point NS/N00217 004031.12

5. https://medium.com/@asumchai/the-bomb-in-our-back-y:ard-dfeb22834f4

6. https://medium.com/@asumchai/the-landfill-in-our-bodies-2ce506a98ffb

7. https://sfbayyiew.com/2020/04/the-landfill-in-our-bodies/

8. Soundcloud https://y:outu.be/ reLNg05KEs

9. The Struggle for Justice at SF Hunters Point Naval Shipyard & Dr. Ahimsa Porter Sumcl htt:g_Wy:outu.be/ZMm51Cm Nao

10. https://www.cdc.gov/biomonitoring/index/html

11. https ://www.cdc.govI exposurereportindex.html

12. https://sfbayyiew.com/2020/04/perfect-storm-first-wave-of- the-covid-19-pandemic-. crashes-in-southeast-san-francisco/

13. https://medium.com@janice12orter/advancing-environmental-12ublic-health-through­ communi:ty:-exgosure-research-and-the~new-science-of-ad 1003 84811

14. https://www.sciencedaily.com/releases/2009/07/090710170107

15. https :// sfbayy!ew. com/200 7/11/those-who- must-be-shown-an-environmental-justice manifesto/

16. https://omny.fm/shows/kcbsam-on-demand/crisis-and-commnity-how-sfsbayy!ew-is­ confront-2

17. Hunters Point Shipyard Historical Radiological Assessment Volume 2 1939-2003 htt12s://www.nrc.gov/docs/ML0425?ML042580203.J2df

18. https://www.bracpmo.nayy.mil/brac bases/california/former shi12y:ard hunters poir /Contact.html

19. https :// sfpublicpress. org/news/2020-05 /toxic- metals-found-in-shipyard-neighbors-b1 source-still-unknown

20. https://semspub.e~gov/work/09/~~0,0,06005.pQf [he Hunters Point Community Biomonitoring Program is establish ... https://asumchai.medium.com/the-hunters-point-community-biomo ...

21. hnJ2s ://www.guestdiagnostics.com/home/ghysicians/testing-services/ condition /toxicology)Available-tests/

22. htt12s://a12news.com/334124280ace4b36beb6b8d58328ae3

23. httQs://www.ucsf.edu/news/2019/07/414871/offs12ring:Qregnant-women-ex12osed­

high-level-12ollutants-may-have-lower-ig~

24. ht!J2s://www.counter12unch.org/2020/03/06/cancer-in-us-nayy-nuclear-12owered-shi:i;

25. Effects of Manganese Toxicity on Immune Related Organs of Cocks - PubMed https ://12ubmed.ncbi.nlm.nih.gov /23177007

26. htt12s://www.google.com/search?g =Vanadium +toxicity+UQ.J2er+res12iratory+tract& rlz=lCDGOYl enUS871US87l&og

27. ht!J2s://sfbayyjew.com/2019/03/eyes-wide-012en-at-the-hunters~12oint-shi12yard

28. htt12s ://biomonitoring. ca. govI events/biomonitoring-california-scientific-guidance-12ar meeting-november-2019

29. ht!J2://www.hunters12ointnavalshi12yard.com/ documents.html

30. htt12s ://health. usnews. com/doctors/ ahimsa-sumchai-6623

31. htt12s ://www. gdx.nt/12rod uct/com12rehensive/urine-element-toxin-testing- urine

32. httQs ://www.ncbi.nlm.nih.gov/12ubmed/?term + SumchaiA{Author}

P212 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Friday, April 17, 2020 9:22 AM To: [email protected]; Angel Bradley; Ramona Tascoe; Raymond Tompkins; Bouagnon, Aude (UCSF); Francisco DaCosta; [email protected]; Khalil Anthony; Ahimsa Porter Ahimsa Porter Sumchai MD NSCA-CPT; Clinic HP Biomonitoring Medical Screening; Bayview Hunters Point Environment Justice Response Task Force Cc: Clerk Calvillo Angela-; Board Of supervisors; SFPD, Commission (POL); DPH, Health Commission (DPH); Aragon, Tomas (DPH); Colfax, Grant (DPH); SOTF, (BOS); Michael Gray; Fagone Jason; Yee, Norman (BOS); Stella Miranda; [email protected]; Sa.m Hawgood; CAC HPS; at HPS Info Subject: Findings of Hunters Point Community Biomonitoring Program - Request for Urgent Meeting -Email Me - Thank You I Congresswoman Nancy Pelosi

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

https://pe losi. house .gov /htbin/formproc/ ema ii-me. txt&d isplay=/contact-me/email-me/ email-me-thank­ you&nobase&fpGetVer=2 Ahimsa Porter Sumchai MD [email protected]

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P214

11 /7t:;/7f\')f\ 11·".1'7 A l\Jf Leger, Che I (BOS)

From: Ahimsa Porter Sumchai MD NSCA-CPT Sent: Saturday, June 6, 2020 6:57 AM To: SOTF, (BOS) Subject: Fwd: Health survey finds elevated toxin levels in workers and residents near shipyard I Civic

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Ahimsa Porter Sumchai MD - Golden State MD Health & Wellness http://www.AhimsaPorterSumchaiMD.com/#about

>------Original Message------>From: Ahimsa Porter Sumchai MD >To: Bradley Angel , Tompkins Raymond , Tascoe Ramona MD , Bouagnon Aude , Ratcliff Mary , Dacosta Francisco , Sumchai Ahimsa Porter MD > Date: 06/06/2020 6:29 AM >Subject: Health survey finds elevated toxin levels in workers and residents near shipyard I Civic > > > https://civic.simplecast.com/episodes/community-health-survey-suggests-links-to-shipyard-toxins > > > Ahimsa Porter Sumchai MD >Golden State MD Health & Wellness >Sent from my iPhone

P2115 1\himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about ~himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http ://www.ahimsaportersumchaimd.com/#about !\himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about

About Dr. Sumchai

Ahimsa Porter Sumchai, MD is an emergency medicine physician in San Francisco, California. She is Licensed to practice medicine in California where she is President and Medical Director of Golden State MD Health & Wellness and Principal Investigator for the Hunters Point Community Biomonitoring Program. Dr. Sumchai is a member of the UCSF Medical Alumni Association Board of Directors and a member of the Stanford University School of Medicine Alumni Association. Additionally, Dr. Sumchai is a certified clinical nutritionist and strength & conditioning expert.

Services Offered

P218 3of10 11125/2020. 8:39 AM <\himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaim~.com/#about

Nutrition Sports medicine Women's health

Obesity and weight Cervical spine disor­ Emergency medicine management ders

Emergency medical Clinical research Spine traumatology services

Lumbar disk hernia­ Back injuries Physical medicine tion

Emergency prepared­ Shoulder stabilzation Metaboilc syndrome ness

Complimentary Therapies P219 i\himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about

Qualifications and Experience

Education & Training

Stanford University Fellowship, Surgical Critical Care, 1986 - 1988

UCSF Residency, Neurological Surgery, 1983 - 1984

UCSF Residency, General Surgery, 1981 - 1983

UCSF Internship, General Surgery, 1981 - 1982

University of California San Francisco Class of 1981

San Francisco State University BA, Biology & Pre-Med Studies with concentration in Physiology, Cum Laude, 1972 -1976

P220 5 oflO 11/25/2020. 8:39 AM \hirnsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http:/ /www.ahirnsaportersumchairnd.com/#about

Medical Licenses

CA State Medical License 1982 - 2022

Hospital Affiliations .

Golden State MD Health & Wellness Current Affiliation · Sacramento, CA

UCSF Medical Center Current Affiliation San Francisco, CA

Physicians Medical Evaluations Incorporated Former Affiliation Sacramento, CA

San Francisco Giants MLB at Candlestick Park Stadium Former Affiliation San Francisco, CA

VA Palo Alto Health Care System Former Affiliation Palo Alto, CA

San Francisco Department of Public Former Affiliation San Francisco, CA

Awards

Jefferson Awards Multiplying Good KPIX 5 CBS SF BayArea, 2020

San Francisco Award - Doctors San Francisco Awards, 2019 P221 !\.himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about

Medical Achievement Award San Francisco Citywide Public High Schools Reunion, 2019

Top 10 Holistic Doctors in California 2016 Holistic Doctors Recognition Board, 2016

World Wide Leaders in Healthcare 2011-2012 International Association of Emergency Medicine, 2012

Cambridge Who's Who Cambridge Who's Who Society, 2010

Presidential Who's Who Business and Professional Achievers Presidential Who's Who Society, 2010

Alumni Faculty Hall of Fame San Francisco State University, 1995

16th Assembly District Woman of the Year California State Assembly - Assemblyman John Burton, 1990

Professional Memberships

American College of Sports Medicine - ACSM Member

American Academy of Nutrition Member

University of California San Francisco Medical Alumni Association Board of Directors Member

P222 '\.himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about

Publications

Pub Med

Pacing Hazards in Helicopter Aeromedical Transport The American journal of emergency medicine Ahimsa Sumchai, MD 1988 May 7 citations

Hangman's fracture in a 7-week-old infant. Ann Emerg Med Sumchai, A. P., Sternbach, G. L. 1991 Jan 14 citations

Frederic Wood-Jones: the ideal lesion produced by hanging. 1913. J Emerg Med Sternbach, G., Sumchai, A. P. 1989 Sep 01

See ALL

Journal Article

The Human Spine is Like a Precious Strand of Pearls Journal of Womens Health Care Ahimsa Porter Sumchai 8/25/2015

Perfect Storm: First Wave of the COVID-19 Pandemic crashes in Southeast San Francisco P223

R "f 1 n 11 /25/2020. 8:'19 AM \himsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http ://www.ahimsaportersumchaimd.com/#about

San Francisco Bayview Newspaper Ahimsa Porter Sumchai MD, PD 4/27/2020

The Landfill in our Bodies San Francisco Bayview Newspaper Ahimsa Porter Sumchai, MD PD 4/3/2020

Lecture

Establishing Medical Necessity for Implementation of a Human Biomonitoring Program at the Hunters Point Shipyard - A Federal Superfund Site 3/29/2019 State. of California Office of Environmental Health Hazard Assessment

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The 21st Century Upright Woman Ahimsa Porter Sumchai MD 12/12/2016

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P224

0 ~+ 1 {\ 11 /?..'i/?.O'.W. 8:::19 AM !illimsa Sumchai, MD, PD - Postdoctoral Fellow I San Francisco, ... http://www.ahimsaportersumchaimd.com/#about

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P225 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Tuesday, July H 2020 1:28 PM To: Pmo Robinson,; Duchnak Laura; Kathryn Higley; Keith Forman; Walton, Shamann (BOS); Colfax, Grant (DPH); supervisors Board Of; DPH, Health Commission (DPH); Aragon, Tomas (DPH); Francisco Da Costa; Gore Al; HPS Info at; HPS CAC; DPH, Health Commission (DPH); SOTF, (BOS); Seidel, Keith (DPH); Menconi Keith; Roberts Chris; Bonner Charles Subject: Fwd: Updated Hunters Point Community Biomonitoring Program Toxic Mapping

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Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

Begin forwarded message:

From: Ahimsa Porter Sumchai MD Date: July 14, 2020 at 1:14:20 PM PDT To: Rebecca Bowe Subject: Fwd: Updated t:tunters Point Community Biomonitoring Program Toxic Mapping

Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

Begin forwarded message:

From: Ahimsa Porter Sumchai MD Date: July 14, 2020 at 1:08:40 PM PDT To: Sumchai MD Ahimsa Porter Subject: Updated Hunters Point Community Biomonitoring Program Toxic Mapping

PZ26 Pi27 Red Pin=Arsenic Blue Pin=Gadolinium Yellow Pin= Manganese White Pin= Vanadium Green Pin= Rubidium

All elements in the screenings mapped above are detected in concentrations at or exceeding reference range and with or without associated health effects. The original South Basin Cluster focused on four elements ... Arsenic ... Gadolinium ... Manganese and Vanadium. In 10 screenings three out of four elements tracked are detected in elevated concentrations in nine people and four out of four are detected in one person.

Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

\

Pi328 I (BOS)

From: Ahimsa Porter Sumchai MD NSCA-CPT Sent: Tuesday, July 28, 2020 9:24 AM To: Greger, Robert@CDPH; Aragon, Tomas (DPH); Colfax, Grant (DPH); DPH, EnvHealth (DPH); [email protected]; Yolanda Sanchez; Rodenbeck, Sven (ATSDR/DCHl/OD); [email protected]; Walton, Shamann (BOS); Yee, Norman (BOS); DPH, Health Commission (DPH); Ethics Commission, (ETH); SOTF, (BOS); SFPD, Commission (POL); [email protected]; King, Talmadge (UCSF); Kurtzman, Laura (UCSF); [email protected]; [email protected]; Chang, David@CDPH; [email protected]; Cityattorney; [email protected]; [email protected]; Derek Robinson; [email protected]; Seidel, Keith (DPH); [email protected]; Board of Supervisors, (BOS); [email protected]; [email protected]; Lawrence Mercer; Fosdahl, Patrick (DPH) Cc: [email protected]; Ahimsa Sumchai; Raymond Tompkins; [email protected]; [email protected]; [email protected]; Francisco Dacosta; [email protected]; [email protected]; STEVE zELTZER; Anthony Khalil; [email protected]; Pierce, Karen (DPH); [email protected]; [email protected]; [email protected]; Rebecca Bowe; [email protected]; [email protected]; [email protected]; Carolyn Nash; [email protected]; Bouagnon, Aude (UCSF); [email protected]; [email protected]; Jackie Lane; [email protected]; [email protected]; Shanell Williams; Harrison, Robert (UCSF); Hiatt, Robert (UCSF); Bibbins-Domingo, Kirsten (UCSF); Woodruff, Tracey (UCSF); LaConstance Shahid; [email protected]; [email protected]; [email protected]; [email protected] Subject: Response to CDPH request - Dangerous Radiation Exposures Hunters Point Naval Shipyard - a Federal Superfund Site Attachments: 78095154-9E26-~792-9398-A7835C55D994jpeg; E02F6644-6EE9-4788-9D83-8DDFEF7FF157 jpeg; 1 DE7FF3A-9263-442F- AF7 4-0EE4B88B7D3Ajpeg; F9B5F9EE-BE85-4FF6-8401-7DOF28540290jpeg; OF260ADF­ D1 F2-4016-AOOF-D4D287EC49AD.png; D649CB5F-3EC7-4EB3-BDEF-F36B93F484F3_ 4_ 5005_cjpeg;459F2B76-33BE-4449-AC30-516B298BD7EA_4_5005_cjpeg; BB70CBE8- C61 F-42A0-9C6E-51 B235EOAEE7 jpeg; 5316D7E5-632E-4FB7-84B4-6DADC9982B37 jpeg; 300C14E5-03FF-4162-86C7-9A9FCC3111 D3jpeg; 18F6E08A-675F-46BB­ AF2B-OD2A9FFB6483.jpeg; FOEEDCE0-434A-4DBE-8A7B-9E121 BC42B65jpeg; AFBF4327-FB96-47CO-A 7AD-C7637A1 A076D.jpeg; AF6584B7-53D8-40C2- BA65-8D7B019800A4jpeg; 2F173C7B-B101-46B2-A98B-3FD732EA 1B58_1_201_ajpeg; D7F850E3-5116-46DD-8530-D392C29AC83B.jpeg; Board of Education Opposition Lennar Stoppage Independent Health & Safety Assessment 9 25 07.pdf

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Mr. Greger, I am responding to your request for specific information regarding the radionuclides of concern and isotopes I am asking your CDPH radiation division to Pz129 immediately investigate at the Hunters Point Naval Shipyard - a federal Superfund site. You have full jurisdiction over this matter.

This information you requested of me is readily available to you. It is well documented in the Historical Radiological Assessment Volume II - History of GRAM Use 1939-2003. I contributed to the finalization of the HRA through its three iterations as founding Chair of the Radiological Subcommittee of the Hunters Point Shipyard Restoration Advisory Board beginning in August 2001.

I am willing to assist you in your paid duties out of concern for dangerous ongoing radiation exposures that are emanating from the naval base that threaten the community I grew up in and love. Towards that end, I have carefully mapped the locations around the base where urine toxicology screenings have detected two specific radiation clusters: '

1. The HPNS ROC Cluster tracks six ROCs using colored map pins uranium - yellow cesium - green gadolinium - blue thallium - black rubidium - red strontium - white

2. The South Basin Cluster tracks four main COC and ROCS. It has detected a cluster of 12 screenings in which four of the elements are detected in toxic concentrations in one screening and in 11 screenings three of the four elements are detected in toxic concentrations. The four elements tracked are arsenic, gadolinium, manganese and vanadium.

With regard to your question regarding the specific ROCS of Concern I have asked you to investigate, again, this information is available to you. and to any radiation expert in the Historical Radiological Assessment:

Arsenic As-73 is a beta and gamma emitter. Gadolinium Gd-152 is an alpha emitter with a half-life of 1.1X10 to the 14 years. Manganese Mn-54 is a beta and gamma emitter that has been universally detected in elevated concentrations in residents and workers on the base. Vanadium is an alpha emitter that when inhaled causes headaches and nosebleeds - a common complaint documented in 2007 by the San Francisco Board of Education when it called for a temporary shut down of the shipyard1s development.

PZ30 I am attaching detailed maps and Navy /EPA supporting documentation and expect you to go forward on a full investigation of this dangerous situation.

Ahimsa Porter Sumchai MD - Golden State MD Health & Wellness

http://www.AhimsaPorterSumchaiMD.com/#about

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P235 Hunters Point Shipyard Historical Radiological Assessment Section 4 - Methodology

Sn-113 (Tin) 115.l Days Beta- and gamma Sr-85 (Strontium) 64.84 Days Gamma Sr-89 50.52 Days. Beta- and gamma Sr-90* 28.78 Years Beta- Ta-182 (Tantalum) 114.4 Days Beta- and gamma Tb:161 (Terbium) 6.91 Days Beta- and gamma Tc-97 (Technetium) 2.6 x 106 Years Beta- and gamma Tc-99 2.1 x lOYYears Beta- and gamma Te-127 (Tellurium) 9.4 Hours Beta- and gamma Te-133 12.4 Minutes Beta- and gamma Te-133m 55.4 Minutes Beta- and gamma Th-228* (Thorium) 1.91 Years Alpha and gamma Th-232 · 1.4 x 1010 Years Alpha Ti-44 (Titanium) 67 Years Gamma Tl-204 (Thallium) 3.78 Years Beta- Tm-170 (Thulium) 128.6 Days Beta· and gamma Tm-171 1.92 Years Beta- and gamma U-233 (Uranium) 1.59 x 105 Years Alpha and gamma U-235 8 Alpha and gamma r 7.04 x 10 Years U-236 2.34 x 107 Years Alpha and gamma U-238 4.478 x 109 Years Alpha and gamma W-185 (Tungsten) 74.8 Days Beta- and gamma Xe-133 (Xenon) 5.24Days Beta' and gamma Y-88 (Yttrium) 106.7 Days Beta+ and gamma Y-90 2.67 Days Beta- and gamma Y-91 58.5 Days Beta- and gamma Zn-65 (Zinc) 243.8 Days Beta+ and gamma Zr-95 (Zirconium) 64Days Beta- and gamma

Note:· * Indicates use by the shipyard for radiography, instrument calibrations or radiolurninescent devices. Source: Chari ofthe Nuclides, Knolls Atomic Power Laboratory, Fifth Edition.

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'6-.... P236 _, __ ....

Exposure· Point EPA 2002 Concentration cancerPRG cancer PRG Hazard (mg/kg) (mg/kg) . (mg/kg) Quotient Cancer Risk 11118;1 7.6E+04 0.15 NA 3.1E+01 4.52 2.2E+01 3.9E-01 0.21 1.2E-05 100.3 5.4E+03 0.02 lium*· NA 1.5E+02 1.1E+03 1ium* . NA 1.7E+OO 1.4E+03 11ium* 94.93 2.1E+02 2.2E+02 0.45 4.3E-07 ft* 14.64· 1.4E+03 9.0E+02 0.01 1.6E-08 ,er* . 17;05 3.1E+03 0.01 70.66 1.5E+02 0.47 1anese* 416.59 1.8E+03 0.23 u~ 0.1 6~1E+OO 0.02 )d!J1Um NA 3.9E+02 ~I* 70.45 1.6E+03 0.04 iium NA 3.9E+02 .. I NA 3.9E+02 ium* NA 5.2E+OO .dium 51.88 5.5E+02 0.09 65.39 2.3E+04 0.00 - -"· --· ·---··-- - . -- ·- ·---· ·- -- . ~L 1.70 1.2E-05 otes PRGs that have changed since 1995. The most significant changes are seen in chromium, cadmium, 1ickel. The reasons for some of these changes are as follows: nium was previously thought to be a carcinogen by the oral route of exposure, but that cannot be determined :urrent research, according to the EPA. This has caused the PRG to be less stringent. 1cer PRG has now been developed for cobalt. ~ Is no longer a cancer PRG for nickel as soluble salts. 1ore toxicology information on a particular metal, visit http://www.epa.gov/iris/ or . .. . - - . '. \,: \ .....- ...···.-···.·.W·-.· .·'t··· Tq.···...... ·.·.-. . ---.·. j .. .. \ L J ~'~ \ r­ l& ~ OF1'.fS\1 E - f "AC rI= I~ CREEK · \N AREHOUSE 41 s=-----. :r~e.s \\,~-:------

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Ac-227 (Actinium) 21.8 Years Alpha, beta-, and gamma Ag-110 (Silver) 24.6 Seconds Beta- and gamma Am-241 (Americium) 432.7 Years Alpha and gamma Am-243 7,370 Years Alpha gamma As-73 (Arsenic) 80.3 Days Beta- and gamma As-76 26.3 Hours Beta- and ganuna Au-195 (Gold) 186 Days Gamma Au-198 2.7 Days Beta- and gamma Ba-133 (Barium) 10.5 Years Beta- and gamma Ba-140 12.8 Days Beta- and gamilla Be-7 (Beryllium) 52.28 Days Beta· and gamma Bi-207 (Bismuth) 32 Years Beta· and gamma Bi-210 5.01 Days Beta· and gamma Br-82 (Bromine) 1.47 Days Beta- and gamma C-14 (Carbon) 5715 Years Beta· Ca-45 (Calcium), 162.7 Days Beta· and gamma Cd-109 (Cadmium) 462 Days Gamma Cd-115 2.23 Days Beta- and gamma Ce-141 (Cerium) 32.5 Days Beta· and gamma Ce-144 284.6 Days Beta· and gamma " Cf-252 (Californium) 2.65 Years Alpha, beta', and gamma Cl-36 (Chlorine) 3.01x105 Years Beta· Cm-242 (Curium) · 162.8 Days Alpha. and gamma Cm-244 18.l Years Alpha and gamma Co-57 (Cobalt) 271Days Gamma co~58 70.9 Days Beta- and gamma Co-60* 5.27 Years Beta· and gamma Cr-51 (Chromium) 27.7 Days Gamma Cs-134 (Cesium) 2.07 Years Beta· and gamma Cs-137* 30.1 Years Beta· and gamma Eu-152 (Europium) 13.5 Years Beta· and gamma Eu-154 8.6 Years Beta· and gamma Eu-155 4.8 Years Beta· and gamma Eu-156 15.2 Days Beta- and gamma Fe-55 (Iron) 2.73 Years Gamma Fe-59 45.5 Days Beta- and gamma Gd-152 (Gadolinium) 1.1x1014 Years Alpha Ge-68 (Germanium) 270.8 Days Beta- and gamma H-3 (Tritium) 12.3 Years Beta- Hg-203 (Mercury) 46.6 Days Beta- and gamma

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P241 Hunters Point Shipyard Historical Radiological Assessment Section 4- Methodology

7,370 Years 10.5 Years 32 Years 5715 Years Beta 3.01x105 Years 18.1 Years amma 5.27 Years 30.1 Years 13.5 Years 8.6 Years Gd-152 (Gadolinium) 1.1x1014 Years H-3 Tritium 12.3 Years Beta In-115 (Indium) 4.4 x 1014 Years Beta K-40 (Potassium) 1.27 x 109 Years Beta and gamma Nb-94 (Niobium) 2 x 104 Years Beta and gamma Ni-63 ickel 100 Years Beta Np-237 (Neptunium) 2.14 x 106 Years Alpha and gamma Pb-210 Lead 22.6 Years Pu-238 (Plutonium 87.7 Years PU-239 2.41 x 104 Years Alpha, beta, and gamma .~ Ra-226 Radium 1,599 Years Al ha and amma Sr-90 Strontium 28.78 Years Beta Tc-97 (Technetium) 2.6 x 106 Years Beta and gamma 5 Tc-99 2.1 x 10 Years ;• Beta and gamma Th-232 (Thorium) 1.4 x 10 10 Years Alpha Ti-44 Titanium 67 Years Gamma Tl-204 Thallium 3.78 Years Beta U-233 (Uranium) 1.59 x 105 Years Alpha and gamma U-235 7.04 x 108 Years Alpha and gamma U-236 2.34 x 107 Years Alpha and gamma U-238 4A78 x 109 Years Alpha and gamma

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P242 Adopted by the Board of Education, at First Reading on Suspension of the Rules, and as Amended, at its Regular Meeting ofSeptember 25, 2007

Subject: Resolution No. 79-25A 1 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families - Commissioners Eric Mar and Kim-Shree Maufas

WHEREAS: Patterns of environmental racism, inequity and injustice exist within San Francisco, where schools in communities like Bayview Hunters Point bear the brunt of environmental health problems; and

WHEREAS: Since October 2006, when a young worker blew the whistle on Lennar Corporation's Hunters Point Naval Shipyard development, large numbers of students, teachers, educators, workers, and families of the Bayview Hunters Point area have been voicing their concerns about the construction-related dust at the Hunters Point Shipyard site and the dangerous health impact that the dust and toxics in it, including asbestos, heavy metals and other inorganics, are having on our SFUSD students, staff and members of the community; and

WHEREAS: Lennar Corporation is a Florida-based Fortune 500 company which reportedly had revenues of $16.3 billion in 2006 from development projects throughout the country like the 1500-unit condominium development planned for Hunters Point; and

WHEREAS: Lennar Bayview Hunters Point LLC was involved in large scale grading that reportedly caused untold amounts of toxic dust and Asbestos Structures to migrate over its boundary and into areas were children and families · live, work and play; and

WHEREAS: In response to these health dangers and concerns, a broad grassroots coalition of Bayview Hunters Point and social justice community organizations has been demanding a temporary stoppage in Lennar Corporation's construction so that an independent health assessment can be conducted; and

WHEREAS: There has been a history of problems with implementing the City's dust-mitigation plan since the soil grading and disposal process began that has included: an absence of air monitoring for the first four months of the project during heavy grading; malfunctioning air monitors; a Notice of Violation from the Air Quality Management District; and when the monitors started working, routine exceedances of the agreed-upon allowance of asbestos prevalence in the air - 16,000 structures per cubic meter [SF Department of Health Regulations, Article 31] including 9 exceedances in June alone; and very poor communication of these exceedances to adjacent neighbors; and

P243 Subject: Resolution No. 79-25A1 PAGE 2 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to ProteCt Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

WHEREAS: Numerous studies have documented that Bayview Hunter's Point and other communities in Southeast San Francisco are overburdened with the cumulative impacts of a multitude of environmental health threats that impact the health and well-being of children and other residents who are overwhelmingly African American and other people of color. These impacts include exposure to toxic air pollution, carcinogens, and other inorganic substances from industrial facilities, power plants, sewage treatment and solid and hazardous waste facilities and diesel particulate from trucks, trains and other · vehicles. Additionally, these impacted children and residents are more vulnerable to environmental toxics due to their limited access to quality health care and healthy foods and other social and cultural factors. And, this disproportionate impact has a damaging effect on our students academic achievement and opportunities for . success in school and in their lives; and

WHEREAS: San Francisco public schools such as Malcolm X Academy, George Washington Carver, Bret Harte, and Dr. Charles Drew College Prep Academy, other schools, childcare centers, and playgrounds are in the immediate vicinity of the Lennar development site; and

WHEREAS: Three African American employees of Lennar Corporation filed a whistle blower lawsuit in SF Superior Court on March 16, 2007, alleging that they suffered retaliation after reporting asbestos dust exposure and racial discrimination and that the company failed to contain asbestos dust while drilling into the Shipyard site, endangering the local community, including the school children of the neighboring Muslim University; and

WHEREAS: The World Health Organization reports that there is no evidence for a threshold for the carcinogenic effect of asbestos and that increased cancer risks have been observed in populations exposed to very low levels of asbestos; However, there are tests for lead, chromium, radon, arsenic, etc., which are toxic . chemicals that are present in the dirt on the affected site; and

WHEREAS: The 'Precautionary Principle' has been adopted by a growing number of cities, including San Francisco, as well as the Los Angeles Unified School District, as a proactive approach to promote the safest, lowest risk approach to protecting people's health, the environment, and property; and

WHEREAS: The Precautionary Principle as adopted by the City and County of San Francisco includes the following "essential elements:":

1. Anticipatory Action: There is a duty to take anticipatory action to prevent harm. Government, business, and community groups, as well as the general public, share this responsibility. 2. Right to Know: The community has a right to know complete and accurate information on potential human health and environmental impacts associated with the selection of products, services, operations or plans. The burden to supply this information lies with the proponent, not with the general public. P244 Subject: Resolution No. 79-25A1 PAGE 3 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

3. Alternatives Assessment: An obligation exists to examine a full range of alternatives and select the alternative with the least potential impact on human health and the environment including the alternative of doing nothing. 4. Full Cost Accounting: When evaluating potential alternatives, there is a duty to consider all the reasonably foreseeable costs, including raw materials, manufacturing, transportation, use, cleanup, eventual disposal, and health costs even if such costs are not reflected in the initial price. Short-and long-term benefits and time thresholds should be considered when making decisions. 5. Participatory Decision Process: Decisions applying the Precautionary Principle must be transparent, participatory, and informed by the best available information. (City of San Francisco, Precautionary Principle· Ordinance, Section 101, August 2003,

THEREFORE BE IT RESOLVED: That the Board of Education of the San Francisco Unified School District believes that the Precautionary Principle as adopted by the City and County of San Francisco requires them the Mayor Gavin Ne\vsom, ·the Redevelopment Agency, Department of Public Health, Board of Supervisors, . and other agencies accountable to our communities to take "anticipatory action" to prevent harm and through exploration and careful analysis of courses of action in order to present the least threat to the students, families and staff of the schools in the vicinity of the Hunters Point development; and

BE IT FURTHER RESOLVED: That the Board of Education of the San Francisco Unified School District calls on the City Mayor, Board of Supervisors, Redevelopment Agency, Department of Public Health and other relevant City agencies to require an immediate halt of Lennar Corporation's development of Parcel A in the Hunter's Point Shipyard until an immediate and independent health and safety assessment can be conducted in coordination cooperation with the Superintendent and the School District's School Health Programs Office and relevant community organizations and City task forces like the SF Asthma Task Force; and

BE IT FURTHER RESOLVED: That the Board directs the Superintendent to coordinate 1.vith City officials to ensure the health of our students ·and their families in the affected area and report back to the full Board with an environmental safety action plan and timelines to ensure the safety of our students and their families no later than the Board's October 23m-meeting.

P245 Subject: Resolution No. 79-25A1 PAGE 4 In Opposition to Lennar Corporation's Hunters Point Naval Shipyarcj Development and In Support of the Community's.Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

FURTHER BE IT RESOLVED: That the Board of Education of the San Francisco Unified School District hereby urges the City and County of San Francisco to make available to the public and to the San Francisco Unified School District, the results of any independent analysis including the recently completed analysis by the Centers for Disease Control (CDC) and the Environmental Protection Agency (EPA), as well as any concerns raised through these studies of environmental issues at this site, and

BE IT FURTHER RESOLVED: That the Board of Education requests that the Superintendent and staff of the San Francisco Unified School District work with the City to draft an agreement that would require the City and County to notify and consult with the San Francisco Unified School District regarding any major construction in proximity to SFUSD school sites.

OLD LANGUAGE STRICKEN OUT. NEW LANGUAGE IN BOLD.

9/25/07

P246.

P248 P249 Hunters Point Shipyard Historical Radiological Assessment Section 4 - Methodology

I-125 (Iodine) 59.4 Days Beta· and gamma I-129 1.57 x 107 Years Beta· and gamma I-131 8 Days .Beta· and gamma In-115 (Indium) 4.4 x 10 14 Years Beta· Ir-192* (Iridium) 73.8 Days Beta· and gamma K-40 (Potassium) 1.27 x 109 Years Beta· and gamma K-42 12.36 Hours Beta· and gamma Kr-85 (Krypton) 10.76 Years Beta· and gamma La-140 (Lanthanum) 1.68 Days Beta· and gamma Lu-177 (Lutetium) 6.71 Days Beta· and gamma Mn-54 (Manganese) 312.1 Days Beta· and gamma Mo-99 (Molybdenum) 2.75 Days Beta· and gamma Na-22 (Sodium) 2.6 Years Beta+ and gamma Na-24 14.95 Hours Beta- and gamma Nb-94 (Niobium) 2 x 104 Years Beta· and gamma Nd-147 (Neodymium) 10.98 Days Beta- and gamma Ni-63 (Nickel) 100 Years Beta· Np-237 (Neptunium) 2.14 x 106 Years Alpha and gamma r P-32 (Phosphorus) 14.28 Days Beta· Pa-234 (Protactinium) 6.7 Hours Beta· and gamma Pb-210 (Lead) 22.6 Years Beta· and gamma Pd-109 (Palladium) 13.5 Hour Beta· and gamma Pm-147 (Promethium) 2.62 Years Beta" and gamma Po-210 (Polonium) 138.4 Days Alpha and gamma Pr-143 (Praseodymium) 13.57 Days Beta· and gamma Pr-~44 17.28 Minutes Beta- and gamma Pu-237 (Plutonium) 45.2 Days Alpha and gamma Pu-238 87.7 Years Alpha and gamma Pu-239* 2.41X104 Years Alpha and gamma Ra-226* (Radium) 1,599 Years Alpha and gamma Rn-222 (Radon) 3.82 Days Alpha and gamma Rb-86 (Rubidium) 18.65 Days Beta· and gamma Ru-103 (Ruthenium) 39.27 Days Beta· and gamma Ru-106 1.02 Years Beta· S-35 (Sulfur) 87.2 Days Beta· Sb-125 (Antimony) 2.76 Years Beta· and gamma Sc-46 (Scandium) 83.8 Days Beta· and gamma . Se-7 5 (Selenium) 119.8 Days Gamma Sm-145 (Samarium) 340 Days Gamma -- Sm-153 1.93 Days Beta- and gamma

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P250 PROPOSli:D INVBSTJGAT10N Lr:VELS FOR RADIONUCL11rns OF CONC~:RN IHSTOIUCAI. ft1\l>10LOGJCAL l\SSESSl\'1l1:NT lHJNTERS POlNT SHlPYARD! SAN l"RANClSCD; CALIFORNIA

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P251 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD Sent: Sunday, August 2, 2020 10:54 AM To: SOTF, (BOS); [email protected]; Ethics Commission, (ETH); Heckel, Hank (MYR); Board Of supervisors Subject: Figures Scrutinized by FBI Loom Large in Hunters Point Shipyard Project I KQED

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

https://www.kqed.org/news/11019150/figures-scrutinized-by-fbi-loom-large-in-hunters-point-shipyard-project

Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone

P2:S2 ~igures Scrutinized by FBI Loom Large in Hunters Point Shipyard... https://www.kqed.org/news/l 1019150/figures-scrutinized-by-fbi-l. ..

-0. News Election 2020 Politics Education Housing Immigration Criminal Justice Sifo

Figures Scrutinized by FBI Loom Large in Hunters Point Shipyard Project

By John Shutt Jul 22, 2016 00®0

A KQED review of federal court filings and over 3,000 pages of documents obtained from P253

., 1/-iA1.-.r..-.A 11 1 f""f A 11. K

San Francisco's Office of Community Investment and Infrastructure has revealed new details about business relationships between real estate developer Lennar Urban and several individuals who have been investigated by the FBI.

The $8 billion redevelopment of the former Navy shipyard in Hunters Point and former stadium site in Candlestick Point by Lennar is expected to create a new neighborhood on the southeastern waterfront with 12,000 units of housing and 3 million square feet of office space. Several people who have contracted with Lennar and city programs set up around the massive San Francisco Shipyard development have been investigated by local and federal law enforcement under suspicion of money laundering, bid rigging and corruption.

District Attorney George Gascon in January 2016 announced bribery and money­ laundering charges against Keith Jackson, Zula Jones and Nazly Mohajer, three former fundraisers for Mayor . The evidence of the alleged bribery has been placed under seal, but the case appears to stem from the sprawling FBI investigation that originally focused on crime boss Raymond "Shrimp Boy" Chow.

Court filings show that Jackson first met Chow on behalf of Lennar sometime before June 6, 2010. The developer had a long-running public health dispute with the Nation of Islam over the Hunters Point project that Jackson believed Chow could help resolve, according to a sentencing memo by Jackson's attorney.

While. Jackson went on to become. a consultant for Chow's organization, and participated in a range of illegal activities with former state Sen. Leland Yee and undercover FBI agents, Lennar continued to be his main client.

Sponsored

The developer paid Jackson $496,000 from 2010 through 2014, according to a court filing from U.S. Att0rney Brian Stretch. Jackson pleaded guilty to racketeering in federal court and was sentenced to nine years in prison in February.

Lennar has also entered into contracts with Derf Butler, who was implicated in bid rigging and campaign money-laundering schemes with Jackson in a federal court filing by Chow's attorneys in August 2015. Jones and Mohajer were first publicly identified as subjects of an FBI investigation in the same filing.

P254 'igures Scrutinized by FBI Loom Large in Hunters Point Shipyard ... https://www.kqed.org/news/11019150/figures-scrutinized-by-fbi-l...

Butler was not indicted and his firm, Butler Enterprise Group, remains a consultant for the developer. Lennar spokesman David Satterfield said Lennar is satisfied with the work of Butler's firm on the Shipyard.

"Butler Enterprise Group plays no role in the awarding of contracts," Satterfield said.

However, Butler Enterprise Group receives $250,000 per year to operate the Construction Assistance Program, mandated in Lennar's development agreement with the city. Its duties include helping local companies "navigating through the process of contracting." The Construction Assistance Program is meant to help contractors from San Francisco, and Bayview-Hunters Point in particular, compete with larger firms.

A welcome sign stands outside the new San Francisco Shipyard housing development at Hunters Point. (Brittany Hosea-Small!KQED)

In November 2015, Butler told the Commission on Community Investment and Infrastructure that his firm had held over 368 pre-bid meetings and 150 "one-on-one counseling and technical assistance sessions helping people put together bids."

In addition, emails obtained through a public records request show that Butler has been a primary point of contact between Lennar and local builders and suppliers bidding for

P255 11/19/?.020. 11 :17 AM

contracts for the Shipyard project. In one example from 2013, after the mayor's office asked Lennar for information on local contracting, Lennar executive Danny Cooke asked Butler to write the report. Butler was also dispatched by Cooke to meet with local supplier DLD Lumber during a touchy dispute later that year.

Butler Enterprise Group is also involved in trucking at the Shipyard site and at Candlestick Point. A presentation prepared for the February 2015 meeting of the Mayor's Hunters Point Shipyard Citizens Advisory Committee states that "all trucks required by Contractors/subcontractor will be dispatched through the Trucking Administration Program." Emails show Butler's firm was involved in the Trucking Administration Program as of June 2014.

Dr. Veronica Hunnicutt, chair of the advisory committee, contacted Office of Community Investment and Infrastructure Executive Director Tiffany Bohee for assistance after receiving an unsolicited gift from Butler in 2013.

"I do not solicit gifts, nor do I want them," wrote Hunnicutt to an aide. "There are strict conflict of interest protocol/laws in place for people who serve on City committees and Commissions. I do not intend to be caught up in any chicanery by members of the community or by contractors by accepting gifts from City program coordinators."

Alex Jones, owner of Three Brothers Electrical Contractors, said the Construction Assistance Program was helpful only for contractors so small they could do just $so,ooo to $100,000 worth of work a year. Three Brothers has a $s.3 million contract for work on Block 53 of the Shipyard project. "If you can do two, three million dollars worth of work, you don't really need the CAP office," said Jones. "It can be useful, it's been useful, but it's not like I'm getting what I need from the CAP office."

Other local contractors who have won work on the Shipyard project questioned the usefulness of the program. Clyde Miller, vice president of Astron Development, said he thought Butler Enterprise Group's only job was to send out bid announcements. Willie McGary, owner of Hercules Builders, said that Butler helped him by setting up a meeting with Cahill Contractors, but also said that he avoided talking to Butler.

"I always assume he's wearing a wire," said McGary.

Ll ,.,.f R 11/19/2020, 11:17 AM 'igures Scrutinized by FBI Loom Large in Hunters Point Shipyard ... https://www.kqed.org/news/1l019150/figures-scrutinized-by-fbi-l...

Signs advertising the new San Francisco Shipyard development surround one of the project's ongoing construction sites at Hunters Point. (Brittany Hosea­ Sma/l!KQED)

. Butler was charged with counterfeiting in 1996, and was sentenced to one month in prison after cooperating with federal prosecutors. He and his wife founded Butler Enterprise Group in 1997, according to the company's website.

Butler did not initially respond to emailed questions about the FBI investigation, the district attorney's charges against Jackson, and contract compliance at the Shipyard. He responded via email to a note left at his office: "I received your note, and I have no comments."

Jackson and Butler were not the only people close to the Shipyard development caught up in the FBI investigation. Local prosecutors alleged earlier this year that former Lennar contract compliance employee Terry Mitchell was a "straw donor" who helped Jackson conceal the source of illegal campaign donations to a political candidate.

Jackson faces bribery and money-laundering charges but Mitchell has not been charged. When the Examiner called Mitchell for comment in January, he said, "I am not interested in talking to you about any of that. No thank you."

Emails obtained by KQED reveal that Mitchell abruptly left the company shortly after Jackson's indictment in April 2014.

P257 ='igures Scrutinized by FBI Loom Large in Hunters Point Shipyard ... https://www.kqed.org/news/11019150/figures-scrutinized-by-fbi-l. ..

"We do not discuss personnel matters publicly," Lennar spokesman Satterfield said. "We have no firsthand knowledge or information about the allegations."

One of Jackson's co-defendants in the bribery case also has a connection to the Shipyard development. One of two lucrative community builder designations for a 74-unit residential block of the Shipyard was awarded to Al Norman Development, owned by local contractor Al Norman, who once faced criminal charges alongside Zula Jones.

"A selection panel comprised of city officials and Lennar representatives chose community builders after an extensive application process," said Satterfield. "The selected community builders were then approved by the Mayor's Citizens Advisory Committee."

SConstruction workers outside new apartment buildings in the San Francisco Shipyard development at Hunters Point. (Brittany Hosea-Small!KQED)

In 2000, Jones, Norman and three executives from San Leandro construction firm Scott Co. were indicted by a federal grand jury, accused of defrauding the city'saffirmative action program through a front company, Scott-Norman Mechanical. Evidence from Jones' office was ultimately suppressed, and charges against Jones and Norman were dropped in 2002.

Scott Co. was fined $1.5 million and shut down operations in 2003. Scott Co. executive vice president Robert "Broadway Bob" Nurisso pleaded guilty and was sentenced to house

P258 6 of R 11 /10/')f\')f\ 11.1"7 A l\,f Figures Scrutinized by FBI Loom Large in Hunters Point Shipyard ... https://www.kqed.org/news/11019150/figures-scrutinized-by-fbi-l. ..

arrest. After Scott Co. shut down, Nurisso quickly absorbed many of the company's former assets into a new company he formed with his son, Broadway Mechanical-Contractors, according to Broadway's website.

Before the company's demise, Scott-Norman Mechanical had won at least $s5.1 million in airport contracts and a $s.9 million BART contract earmarked for legitimate minority­ owned businesses, according to the Examiner.

Norman and his wife were paid at least $2.3 million for their role in the joint venture, including 1 percent to 1.9 percent of gross revenue "for qualifying the company as a minority-owned business," which Scott Co. claimed the Normans verbally agreed to, and $1.5 million for agreeing to step down from the company.

Norman was quoted in the Chronicle commenting positively on Lennar's CandlestickPoint development after his company's selection as a community builder on the Shipyard. Norman was described in the article as the president of the Bayview Merchants Association, rather than a business partner with Lennar with significant financial interests at stake ..

Norman did not respond to emailed questions.

Notes: In response to this story, Lennar spokesman David Satterfield sent KQED the following comment: "In reading the story, there's no indication that any of that 'money laundering, bid rigging and corruption' had anything to do with the Shipyard or Lennar."

SPONSORED

An earlier version of this article referenced a memo written in October 2014 by Office of Community Investment and Infrastructure executive director Tiffany Bohee which stated that Al Norman was a principal in Marinship Development, the second community developer on Block 52 of the Shipyard. Derek Smith, the owner ofMarinship Development, vigorously denies that Norman has ever been involved inMarinship Development and provided a document showing Lennar had formed a development agreement with two separate companies, Marinship Development and Al Norman Development. State records show that Al Norman Development was registered in October 2015. Multiple efforts to reach Bohee and Norman for comment were unsuccessful.

P259

1 1 /1 n /r'lf\IJ{). 1 1 .1 'I Al\ If

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P260 I (BOS)

From: Ahimsa Porter Sumchai MD Sent: Wednesday, October 14, 2020 3:38 PM To: [email protected]; Hawgood Sam; King, Talmadge (UCSF); Colfax, Grant (DPH); Aragon, Tomas (DPH); Walton, Shamann (BOS); SOTF, (BOS); [email protected] Subject: University of California's disservice to the Bayview Hunters Point community

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

https://sfbayview.com/2020/10/university-of-californias-disservice-to-the-bayview-hunters-point-community/

Ahimsa Porter Sumchai MD Golden State MD Health & Wellness Sent from my iPhone Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. com/2020/10/uni versity-of-califomias-disservice-... University of California's disservice to the Bayview Hunters Point community

October 13, 2020

Dr. Leon Muhammad (left) chairs a meeting of the Hunters Point Shipyard Restoration Advisory Board (RAB) on June 26, 2008. RAB meetings were a place for community members to engage and debate with Navy and other experts on a wide variety of issues around cleanup, access to cleanup jobs by the community and concerns about community health. RAB was dissolved by the Navy in 2009. A petition signed by 240 Bayview Hunters Point residents in 2019 to re­ establish the RAB was rejected by the Navy. - Photo: Francisco Da Costa

Dr. Balmes was a paid consultant for Lennar, despite his denial

by M. Reza Shirazi

Nine months ago, a panel of UC experts released the results of a review about th.e retesting procedures for Parcel A and Parcel G in the Hunters Point Shipyard. Now, nine months after the release of the results, it is time to ask what was the benefit of the report for the Bayview Hunters Point (BVHP) community, and what was the contribution of the review to the question of safety at the shipyard? Nothing!

Mayor London Breed in her 2019 State of the City address announced that a panel of experts from UCB and UCSF will review the procedures used by the Department of Public Health during 2018 for retesting P262 Jniversity of California's disservice to the Bayview Hunters Point... https: 11 sfbayview. coml202011 Oluniversity-of-califomias-disservice-...

Parcel A and new plans for Parcel G after the Navy and EPA reported that Tetra Tech had falsified data with regard to the shipyard remediation project. On April 17, 2019, a press release from the Mayor's Office provided more details.

Panel members were John Balmes, MD, Tom McKone, PhD, Kirk Smith, PhD, and Kai Vetter, PhD, all senior experts from UCSF and UCB. A two-page document explained the scope of the review. I published an article and criticized the review for being limited in scope, non­ transparent and exclusive and proposed some recommendations for improvement, all ignored by the committee.

On July 17, 2019, Dr. Balmes gave a presentation to the Hunters Pont Shipyard Citizens Advisory Board's Environmental and Reuse Subcommittee with the aim of hearing directly from community members and listening to their concerns. This meeting shed light on the nature of the review: Attendees questioned the scope of the work, . challenged the sufficiency of the charge and raised concerns about the independence of the review.

A UC student would fail if he/she submitted a similar paper to any of the committee members, for the lack of scientific methodology, solid discussion, valid argumentation and proper referencing.

The committee pursued the original agenda as requested by the city and did not made any change to accommodate community and expert concerns. Nobody heard about the committee until the review report was released on Jan. 17, 2020. The report concluded "the gamma scanning of the surface soil of Parcel A performed by the Radiological Health Branch of the CDPH to be appropriate as a health and safety survey" and claimed "the planned approach to retesting of Parcel G to be appropriate if the final plan meets with EPA approval."

I called the review prepared by the committee a "bad practice" and argued that the review panel failed to conduct a standard study that P263 11/10/'l(l')(I 11·10 ,\.1\tf Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. com/2020/ 10/university-of-califomias-disservice" ...

respects community concerns and takes into account the complexity of the context, and noted that the committee members intentionally decided to serve as an "operator" for the city.

A weak report, with little scientific merit

I have_ already discussed the key problems of the review process. Here, I would like to note a significant flaw in the report itself. The report lacks any reference, clarification or discussion. It makes a bunch of claims and suggests some conclusions but does not explain what these claims and conclusions are based on.

The committee "judges" that the gamma scanning of the surface soil of Parcel A performed by the Radiological Health Branch of the CDPH, as well as the planned approach to retesting of Parcel G, are both "appropriate," but it neither clarifies what the criteria for "appropriateness" are nor does it present any proof to support the conclusions.

I am sure that a UC student will fail if he/she submits a similar assignment or paper to any of the committee members for the lack of scientific methodology, solid discussion, valid argumentation and proper referencing! The report asks us to believe the conclusions, but it does not say why we should do so.

Maybe because it has been prepared by a panel of scientists and experts who know the truth and their judgments should be taken for granted. And community members as non-experts should be thankful and appreciative and accept the results without any doubt! But this expectation is far beyond the reality: For decades, the city and all regulatory agencies presented their arguments and judgments as scientific, prepared by experts and professi.onals. But they clearly failed to detect the fraud happening right before their very eyes!

Dr. Balmes was a paid consultant for Lennar, despite his denial P264 Jniversity of California's disservice to the Bayview Hunters Point..: https :// sfbayview. com/2020/ 10/university-of-califomias-disservice-...

On Jan. 28, 2020, Supervisor Shamann Walton hosted a community meeting to discuss the report. This time, Dr, Balmes, Dr. Tom McKone and Dr. Kirk Smith were present and explained the review results. The general atmosphere was not very peaceful; Community members and many others were for the most part very critical and angry, dissatisfied with the review results, and challenged the conclusions.

Here, I don't want to discuss what happened in this meeting, point out to the comments provided by the audience, or criticise the way committee members responded to the comments, but show how a committee member made a false statement about his relationship with Lennar.

At the beginning of the meeting, Dr. Balmes mentioned that he had been asked to provide some expert consultation advice about the hazards of the dust generated by Lennar during the grading and earthmoving activities around 2006-2007, but "just like now I was an unpaid consultant. Dr. Sumchai has accused me of being a paid consultant for Lennar. I met with Lennar, but I didn't receive any money for that activity, just like I am not receiving any money now." This was in response to Dr. Ahimsa Sumchai's comment that Dr. Balmes has been paid by Lennar for his consultation work with regard to the air pollution controversy.

"Lennar has agreed to pay for my time and expenses because, as I understand it, there are no other resources to support my involvement."

Just a couple of weeks after this meeting, while I was reviewing and analyzing hundreds of documents I collected for my research, I came across an astonishing document that proves Dr. Balmes is not telling the truth. The story goes back to 2006-2007, when Lennar was conducting massive earthmoving work as part of the construction activities on Parcel A.

Community members complained about the air pollution and dust P265 Jniversity of California's disservice to the Bayview Hunters Point... https :// sfbayview. corn/2020/10/university-of-califomias-disservice-...

generated by these activities. They also complained that these activities, which violate conditions proposed by the Bay Area Air Quality District's Dust Mitigation Plan, have exposed children at the Muslim University of Islam just across the fence to toxic dust. This led to a major dispute and controversy.

African American Community Revitalization Consortium requested (see page 203 of the document) Dr. John Balmes to assess health issues raised by the community about Lennar's construction work. This consortium clearly stated in a letter that Dr. Balmes has been paid by Lennar for this service: "Dr. Balmes conducted his investigation at our request but his time and expenses were paid for by Lennar. However, his analysis has been objective and not influenced by the company" (p. 203). In his assessment report of September 05, 2007, that addresses Dr. Arelious Walker (see page 204) from True Hope Church of God in Christ, Dr. Balmes confirms payment arrangement with Lennar:

"Also at your request, Lennar has agreed to pay for my time and expenses because, as I understand it, there are no other resources to support my involvement. I agreed to this arrangement only with the express understanding that I will provide you with an objective assessment that will be independent of Lennar and the many competing interests that have dominated the health debate to date. I committed to telling you my opinion regardless of what others, including Lennar, might think" (p. 204).

According to the report, Dr. Balmes stated, "Based on the information I have reviewed to date, the tour of the site and review of the dust abatement measures, combined with the available monitoring data, the site does not appear to present a significant long-term health risk to the community." Dr. Balmes also agreed with DPH that "it is highly unlikely that exposure to naturally occurring asbestos from grading operations at Parcel A will create a significant risk to human health in the community."

P266 Jniversity of California's disservice to the Bayview Hunters Point... https :// sfbayview. com/2020/10/university-of-califomias-disservice-...

Although Dr, Balmes acknowledged that the Bayview Hunters Point community has long been plagued by health problems and recommends that experts remain mindful of and responsive to community health concerns, he concluded that "it is also important that we not improperly attribute the cause of these health concerns to the recent grading activities at the Shipyard. I believe that the health problems that the community is experiencing are likely caused by events and circumstances that are unrelated to Lennar's construction activities at Hunters Point Shipyard. Many of the health concerns predate construction and involve symptoms that are not associated with exposure to naturally occurring asbestos" (p. 205). Following this report, Dr. Balmes presented his findings at a workshop hosted by the CAC on Sept. 11.

Here I don't want to discuss whether it was morally and ethically correct to receive money from Lennar for this service in a sensitive matter in a sensitive neighbourhood. But two things are clear: First, Dr. Balmes has been paid by Lennar, despite his denial in the Jan. 28 meeting, and Dr. Sumchai was right. Second, Dr. Balmes has concluded that Lennar had no responsibility for, and is not in any way related to, the air pollution in the shipyard and the long-standing health problems the community is suffering.

"We may have done a disservice to the community."

I emailed Dr. Balmes in March 2020 and shared this document. He responded that he didn't remember getting any funds but confirmed that the documents prove the payment. He noted that the money did not go to him personally, but went to support Occupational and Environmental Medicine divisional needs. He also said that he should formally apologize to the community. I have not yet seen such an apology, but I am sure he will do so.

Words matter!

In the July 2019 meeting of the Hunters Pont Shipyard Citizens P267

11/10/7()')() 11 ·1 Q AM Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. corn/2020/ 1O/university-of-califomias-disservice- ...

Advisory Board's Environmental and Reuse Subcommittee, Dr. Balmes expressed his desire, despite the complexity of the subject, to help the community: "I know it is a complicated and contentious problem. I acknowledge that. But I wanted to be of help, not harm."

At the Jan. 28, 2020, meeting hosted by Supervisor Shamann Walton, Dr. Smith noted: "We University of California people were not paid for this work, but it is part of our job to serve the State of California ... We don't have any stake in what happens except perhaps to protect the population."

These two statements suggest that the committee's intention was serving the community, helping the people and protecting them. However, this intent to be helpful and serve the community soon turned to a potential harm.

Two weeks later, in a Feb. 14, 2020, interview with NBC Bay Area, Dr. Balmes talked about the potential of disservice to the commwnity as a result of the review: "(W)e may have done a disservice to the community in the sense that, as several people said, our report will be used by people who want to develop the shipyard as a clean bill of health, which we were not trying to give."

It seems that the committee soon realised that their report looks to be more in favor of the developers. This interview demonstrates how fragile the panel has been in properly addressing the problem and legitimate concerns of the community and how the conclusions can be easily misused to advocate for development.

But what has made the report so open to interpretation in favor of developers and the city? There are several reasons for this, but here I would like to highlight one important factor.

In planning and urban policy disciplines; words matter! And words would matter more, when it is about the safety and health of a historically disenfranchised community like BVHP. The NBC report

P268 7of12 11/19/2020, 11:19 AM Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. com/2020/ 1O/university-of-califomias-disservice- ...

shows how the committee has changed the "wording" of the report:

While the early version says that topsoil scan findings were reassuring but "they do not prove that other radioactive materials may not be buried deeper in the soil of the parcel," the final version states that "it is unlikely that radioactive materials are buried deeper in the soil of the parcel." These two statements are not only "different"; they are contradictory with two totally contrasting indications that can lead to two different policy approaches. The early version underlines the need for further investigations and surveys, but the final version finds any further investigation unnecessary and unneeded.

This change from the early version to the final version was a favor to the city and developers, and it seems that the committee was aware, or became aware, of such potential risk. And this is the root of disservice to the community: Formulate your statements in such a way that remains open to interpretation in favor of the city and developers and, in this way, intentionally or unintentionally, raise the possibility of doing a disservice to the community. Yes, words matter, and the "wording" of the report serves the city and developers, not the community.

Disregarding committee's recommendations

The report lists four "findings,'' and the last one is what I would like to discuss here. The report states that "Communications with and engagement of community stakeholders should be improved" and suggests that "Every effort should be made to encourage the Navy to fully inform and engage the community during all stages of the retesting and remediation process. Community access to qualified independent experts would be helpful in this regard."

It was recommended to encourage the Navy to more actively engage the community, but the Navy nonetheless rejected a petition to reinstate the Hunters Point Naval Shipyard Restoration Advisory Board P269 Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. com/2 020/10/university-of-califomias-disservice-...

(RAB).

The report presents the lack of effective community engagement and the need for active involvement as a "finding." Dr. Smith in the Jan. 28 meeting referred to the need for community engagement as "the most important finding."

But, interestingly, this is not what the committee has found as the result of their review; it has been found by the community for decades, and has been a long-standing cry and demand of the community members. I have already discussed some aspects of this problem. Let's welcome such a recommendation.

But here is the interesting point: Just a couple of months after the release of the report that recommended making every possible effort to encourage the Navy to more actively engage the community, the Navy rejected a petition to reinstate the Hunters Point Naval Shipyard

/ Restoration Advisory Board (RAB), which was dissolved in 2009.

To legitimize this rejection, the Navy referred to the results of a survey in which out of more than 15,350 members of the community who received the invitation to participate, only 40 people responded - less than 0.3 percent. This action by the Navy can be read as a clear message to the committee that their recommendation is baseless and irrelevant, and there will be no change in community engagement strategy.

I would like to ask the committee members if they have commented on the Navy's decision that clearly contrasts with their recommendations. Do they believe that the Navy's decision based on a survey with 0.3 response rate has enough scientific significance to be used as the main reference point for an important decision?

Did they announce any reaction to this decision? Did they discuss at least writing a letter to the Navy or to the city to criticize disregarding the review results?

P270

11 /1 f"\/,..b'"'\'°'r\ 11 .1 A A~ K Jniversiiy of California's disservice to the Bayview Hunters Point. .. https :/I sfbayview. com/2020/1 O/uni versiiy-of--disservice-...

The review was from the now is a flawed creature in hands of the committee and the city.

Do they have any plan to ever do any follow-up meeting (virtually) with the community to make sure that their recommendation for more public engagement will be considered? If yes, would they make such communications public? If not, why do they remain so irresponsible about the effectiveness and impact of their recommendations?

In my Aug. 19 article, I briefly challenged the Navy's decision and the credibility and validity of the survey that was used as the reference point. One week later, EPA issued a letter to Laura Duchnak, director of the Navy's Base Realignment and Closure Program, and similarly challenged "the Navy's reliance on relatively small-scale community surveying to justify continuing with the RAB's dissolution."

The letter expressed that "we are unsure if the Navy's current community outreach and involvement program is meeting the needs of the Bayview Hunters Point community, especially in light of the surveying and evaluation process by which you decided to continue dissolution of the Restoration Advisory Board." EPA strongly recommended completing a comprehensive evaluation of the Navy's community outreach and involvement program before the end of the calendar year.

I do support this recommendation. And I am wondering why the. committee should not send a letter to the Navy, city or whoever appropriate, to comment on the credibility and reliability of the survey, question the Navy's decision rejecting the reestablishment of the RAB, and ask why the committee's recommendation for more community engagement has not been addressed.·

If the committee wants to do a service to the community, this could be a first step. I hope this time the committee positively considers my suggestion and does not ignore it as it did before. P271 Jniversity of California's disservice to the Bayview Hunters Point... https ://sfbayview. com/2020/1 O/university-of-califomias-disservice-...

Disservice of University of California to BVHP

I have already argued that the review was such a "bad practice" that university teachers can present it to their students. Now, I would also argue that the review was a "disservice" to the community, the negative consequences of which have yet to be observed.

And, interestingly. the committee was aware, or became aware, of such potential disservice as reflected in Dr. Balmes' interview with · NBC Bay Area.

Here I would like to show how Dr. Balmes' 2007 paid consultancy was used to support the official narrative that the level of dust generated by the construction activities of Lennar did not cause harm and safety risk to the people and argue that such a thing could happen in the future for the 2019 review.

The report I mentioned above was published in 2013 about the environmental remediation of the Hunters Point Shipyard and refers to Dr. Balmes' consultancy report to support this conclusion that "the construction work on Parcel A did not represent a significant long-term health risk to the community or workers" (p. 148).

In this report, Dr. Balmes is introduced as "one of the country's leading public health experts on issues related to asbestos exposures and other environmental health matters" and refers to his words that he has agreed "with SFDPH that it is unlikely that exposure to naturally occurring asbestos from grading operations on Parcel A will create a significant risk to human health in the community" (pp. 148-149).

As noted, now after nine months since the publication of the report, it is hard to find a single point as a proof that the report "served" the community and was helpful to them. But the committee has expressed concerns about potential disservice to the community.

And there has been a rejection by the Navy to reinstate the RAB, P272 Jniversity of California's disservice to the Bayview Hunters Point... hitps ://sfuayview. com/2 020/10/university-of-califomias-disservice-...

which clearly disregards the committee's call for more community engagement. We have not seen any attempt from the committee to monitor how their recommendations have been considered.

Now, I leave it to the community members to judge how the review served the community. And more importantly, I leave it to the committee members to judge whether their work was, and will be, more helpful to the community members than harmful.

And if the members of the committee disagree with my argument that the review was a disservice to the community, then I would invite them to publish an article, or make a presentation to the community and tell us about the benefits of the review to the community, and explain to us what would happen if they had not done this review.

The review, I do believe, was flawed from the beginning, and now is a flawed creature in the hands of the committee and the city.

M. Reza Shirazi is a Reader/Professor at the School of the Built Environment, Oxford Brookes University, in the UK. He is principal investigator of the European Union funded project "Socio-Spatial Justice in Urban Neighborhoods" in collaboration with the Institute of Urban and Regional Development (IURD) at UC Berkeley. He is an expert in neighborhood and community development, citizen participation and sustainable development, and has conducted research in different countries and regions. He can be reached at [email protected]. uk.

P273 Leger, Cheryl (BOS)

From: Ahimsa Porter Sumchai MD - Golden State MD < ahi [email protected]> Sent: Saturday, October 24, 2020 7:55 AM To: [email protected]; [email protected]; King, Talmadge (UCSF); Smith, Brian (UCSF); Colfax, Grant (DPH); Aragon, Tomas (DPH); DPH, Health Commission (DPH); Brownell, Amy (DPH); Harrison, Robert (UCSF); Hiatt, Robert (UCSF); Marya, Rupa (UCSF); Woodruff, Tracey (UCSF); Rhoads, Kim (UCSF); [email protected]; [email protected]; Kurtzman, Laura (UCSF); Derek Robinson; [email protected]; SOTF, (BOS); Heckel, Hank (MYR); Synapse (UCSF); [email protected]; Grumbach, Kevin (UCSF); [email protected]; Compliance, Compliance (UCSF); UCSF Bioethics (UCSF); Ethics Commission, (ETH); Board of Supervisors, (BOS); [email protected]; Fosdahl, Patrick (DPH); Walton, Shamann (BOS); [email protected]; Shanell Williams; [email protected]; [email protected]; STEVE zELTZER; [email protected]; [email protected]; [email protected]; [email protected]; Ahimsa Sumchai Cc: [email protected]; Dizikes, Cynthia; [email protected] Subject: BayView op-ed Dr. Balmes Apology to Dr. Sumchai Attachments: Bayview op-ed.docx; Board of Education Opposition Lennar Stoppage Independent Health & Safety Assessment 9 25 07.pdf; DPH 2007 Dust Response Response100907.pdf

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dr. Balmes rieed not apologize to me! Dr. Balmes apology is due to the people of Bayview Hunters Point for the 2007 letter on file with the San Francisco Department of Public Health he signed off on and the conclusion Hunters Point residents could be exposed to toxic construction dust with asbestos exceedances (as high as 120,000 fibers per cubic centimet~r) for up to seven years without expected health effects. That letter is attached.

Dr. Balmes apologizes for information published by the San Francisco Chronicle in the URL below. In October 2007, a unanimous vote was taken by the San Francisco Board of Education calling for shut down of the Lennar development after a public hearing in which dozens of parents, teachers, custodians, school nurses and school administrators testified about the health effects that were being seen in children attending schools in the shipyard region. That resolution is also attached. https ://ava nan. u rl-p rotectio n .co m/vl/u rl ?o= https%3A//www.sf gate. co m/hea Ith/a rti cle/S-F-d eve loper-ins ist-d ust-isn-t­ h ea lth-p rob l em- 2520338.php&g=YWl3YWMxMTkSOWZjYWYwMQ==&h=NzY3MTM2YTU4NDZhN2YwNDY5ZmVIZDQ10GUOODlwODMw ODAwOTA3Y2Y3YmUSZTASNDkOZDMzYmlSN2ZiNzZIZQ==&p=YXAzOnNmZHQyOmF2YWShbjpvZmZpY2UzNjVfZW1haWx zX2VtYWlsOjl1NzUyNzk5NjlwMzkzNGU10GMOMDkzYThkYWlyZDhjOnYx

> Ahimsa Porter Sumchai MD >Golden State MD Health & Wellness

P217 4 https://avanan.url­ protection.com/vl/url?o=http%3A//www.ahimsaportersumchaimd.com/%23about&g=NWISYmY4N2RiMDA2YTAxYg== &h=YWUOYzk1NmQyNjMxYzAOYzZINGUxODUwZTclZGNIYzUONjA2Mjk4YmQ4MWYzZjQSMzRkMWVjYWl2ZmJmYzU4ZA ==&p=YXAzOnNmZHQyOmF2YWShbjpvZmZpY2UzNjVfZWlhaWxzX2VtYWls0j11NzUyNzk5NjlwMzkzNGU10GMOMDkzYT hkYWlyZDhjOnYx

2 P275 S.F., developer insist dust isn't health problem https://www.sfgate.com/health/aiticle/S-F-developer-insist-dust-isn ...

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READ MORE Is rain in the The data that pushed Cal removes names Thanksgiving Day San Francisco into of 2 halls that forecast? the red tier... honored white ...

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P276 :.F., developer insist dust isn't health problem https ://www .sfgate. com/health/article/S- F-developer-insist-dust-isn ...

News II Health (REDESIGN)Health SunF., developer insist dust isn1t health problem HUNTERS POINT Level of asbestos no danger, studies say, but locals disagree

Robert Selna, Chronicle Staff Writer Updated: Jan.13, 2012 7:05 p.m. 00@1

shipyard_354.JPG A construction worker walked down the hill through the graded lots Monday. Construction dust at the Hunters Point shipyard housing development has been the focus of a health debate for months. Developers now say the grading work is done, but it appears the political fight will continue. {By Brant Ward/San Francisco Chronicle}10 Brant Ward

San Francisco health officials and the devel Point shipyard say new studies back their c from the project won't harm nearby reside

P277

., "'! 1"1 A lr'\Ar'\f\ 11 .l"'\r\ A-,,/{ ).F., developer insist dust isn't health problem https ://www. sfgate. com/health/article/S-F-developer-insist-dust-isn...

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Prop. 19 passed. Here1s what that means for 40 Calif. counties in massive rollback as Bay Area real estate. OOVID-19 cases double Prop. 19, which passed with a 51.1% majority vote as California Gov. Newsom provided a sobering update of Monday, has two distinct parts. on the COVID-19 pandemic Monday.

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P278 3.F., developer insist dust isn't health problem https://www.sfgate.com/health/article/S-F-developer-insist-dust-isn ...

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P279 S.F., developer insist dust isn't health problem https ://www. sfgate. com/health/ article/S-F-developer-insist-dust-isn...

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P280 San Francisco City and County , Mayor Department of Public Health Mitchell H. Katz, ,Director of Health Environmental Health Section Rajiv Bhatia, M.D.,M.P.H. Director of Environmental Health

October 9, 2007

Dr. Rick Kreutzer Chief Environmental Health Investigations Branch Division of Environmental and Occupational Disease Control California Department of Public Health 850 Marina Bay Parkway, Building P, Third Floor Richmond, CA 94804

Dear Dr. Kreutzer:

On September 20, 2007, the San Francisco Department of Public Health received your assessment of hazards associated with development at Hunters Point Shipyard Parcel A in a letter from California Department of Public Health (CDPH) to the Agency for Toxic Substances Disease Registry (ATSDR). At the same time, we also received ATSDR's concurring letter.

The Department of Public Health deeply appreciates your agency's detailed review of the available air monitoring data as well as the many supportive recommendations for optimizing control of airborne dust and asbestos. We share your frank assessmentof the limitations of human exposure and risk assessment in this situation, yet we are also heartened by your judgment that the risks of serious asbestos-related health impacts for community residents from development at Parcel A are likely to be low on a personal level even if those exposures were to have occurred over seven years. We also concur with your conclusions that radiological testing of residents for asbestos exposures is not recommended and blood tests for asbestos exposures do not exist.

Most important, we agree that the primary goal for environmental health is preventing exposure to hazards. ·We believe that the pro-active regulatory controls established by the Bay Area Air Quality Management District (BAAQMD) and the San Francisco Department of Public Health (SFDPH) both for naturally occurring asbestos and nuisance dust were developed to achieve precautionary and environmental justice ends. When adopted, these regulations clearly recognized asbestos from natural sources as a potential health hazard. We take very seriously our responsibility to critically review and optimize our pro-active regulatory scheme on an ongoing basis. The recommendations you have provided to us in this regard will be invaluable.

1390 Market Street, Suite 210, San Francisco, Ca 94102 Phone (415) 252-3800, Fax (415) 252-3875

P281 As you know, major earthmoving activities at Parcel A have ceased, and the soil on a large section of the parcel is now stabilized. Still, SFDPH has begun to move forward with a number of the CDPH recommendations anticipating ongoing development activities at the Shipyard.

At this point, we would like to share an early status report on all the CDPH recommendations (See attached table). You will note that we have already implemented some of the recommendations CDPH made in whole or part. In the near future, we would hope to take advantage of your expertise on specific technical questions.

Again, please accept my personal thanks for all of the efforts you and your staff have made on behalf of the health of San Francisco residents. Do not hesitate to contact me at 415-252-3931 if you would like to discuss the status of our efforts or if you have additional recommendations to provide.

Sincerely,

Rajiv Bhatia, MD, MPH Medical Director, Occupational and Environmental Health

Cc: Tom Sinks, ATSDR Susan Muza, ATSDR Amy Brownell, SFDPH Mitch Katz, SFDPH John Balmes, UCSF

Attachment

1390 Market Street, Suite 21 O San Francisco, CA 94102 Phone 252-3800, Fax 252-3875 Page 2 of 5

P282 Status of California Department of Public Health Recommendations for Asbestos and Nuisance Dust Control at Parcel A at Hunters Point Shipyard

CDPH recommendation Status (September 20th, 2007): (October 9, 2007)

SFDPH should assign a person to We agree with benefit of direct agency continuously monitor dust production observation of regulatory compliance. and dust abatement activities during SFDPH routinely conducts regular working hours. This is an important unannounced random site inspections to way to prevent both dust and asbestos verify compliance with the Dust Control exposures. Essential to this Plan, and inspectors have had the power to recommendation is that the assigned alter activity and stop work at the site if person not only observes but has the they observe violations of the Dust Control authority to alter activity on the site Plan. A recent violation of the plan based on his/her observations. resulted in a two day suspension of work activities. SFPDPH has not observed dust plan violations in the vast majority of observations in the current year and no current year dust complaints from the public have been verified on inspection. Nevertheless, because continuous SFDPH presence might provide some benefit over random inspections, SFDPH will explore the mechanisms available to us for employing a full-time dust inspector while Lennar is conducting dust generating activities.

The assigned person should promptly We agree with the need for more timely report to the public on what is public communication. SFDPH has observed and what is done as a result created a website for Hunters Point of the above-mentioned monitoring development that includes: frequently activities. asked questions; resources and referral information; the dust control plan; and Notices of Violation. Future plans are to update the status of development activities on a weekly or monthly basis. The SFDPH Hunter's Point website is accessible at: http://www.dph.sf.ca.us/ eh/hunterspoint /lndex.htm

1390 Market Street, Suite 210 San Francisco, CA 94102 Phone 252-3800, Fax 252-3875 Page 3 of 5 P283 Explore additional dust control We agree that all of the listed dust procedures such as misting at the control methods merit consideration and fence line, tarping the fence, adding evaluation. Lennar has maintained an on­ an on-site meteorological station, site .meteorological station since the stopping activity that generates dust if inception of the project. ( See: winds are 15 miles per hour or more, http: I I clients2.engeo.com/weather /hunte or tarping grounds where no activity is rspoint/) In addition, Lennar as already occurring for seven days or more. It is installed misting systems and tarping of recommended that the developer the fence line for many areas of the site - engage someone with expertise in dust including many, if not all, the areas control to specifically define adjacent to residents. We will verify these additional mechanisms to achieve efforts and whether additional areas would better mitigation and dust merit misting or tarping. We will explore suppression. the other listed dust control procedures. Finally, SFDPH recently obtained a complete copy of historical data (temperature, humidity, wind direction, wind speed and other parameters) from the weather station and we are conducting an analysis to determine if there are any correlations between meteorological data and asbestos results at the site.

Air monitoring equipment on-site and We agree with this recommendation. We in the community should be used to have used in the past and will continue to evaluate the effectiveness of added use the air monitoring equipment to measures. If ongoing exceedances evaluate dust control measures. We have occur, then more measures should be also, in the past, revised our dust control adopted. plans and requirements for the developer based on regulatory history. We expect to continue to use this adaptive approach in the future.

To assist the SFDPH assigned inspector We agree with the recommendation in evaluating the current Dust Control about co~locating dust and asbestos Plan, the contractor should conc;Juct monitoring equipment. According to our real-time dust monitoring using records, several of the particulate dust appropriate equipment for respirable monitors are already co-located with dust (PM-10) at several locations, co­ several of the asbestos sampling stations. located with asbestos sampling (SFDPH We will evaluate co-locating some of the and BAAQMD). SFDPH should use other sampling stations. Our consultants information from monitors during the reviewed your concerns about use of the day to identify activities which are particulate monitoring equipment and generating PM 10 and alter activity to concluded the current equipment was reduce its generation. As explained appropriate for perimeter monitoring. We

1390 Market Street, Suite 210 San Francisco, CA 94102 Phone 252-3800, Fax 252-3875 Page 4 of 5 P284 below, there are validity problems are considering installation of alternative with the currently used monitoring monitoring equipment on an experimental equipment. basis in order to do a side by side comparison with the current monitors. We will also investigate further with the BAAQMD and other experts to see if there is agreement on the optimal choice of equipment.

Include the community monitors, We agree with this recommendation. In especially HY-7, HY-8 and HY-9, in the January 2007, SFPDH made the same official asbestos monitoring plan, as request to BAAQMD. We will follow-up regulated by the BAAQMD. These with them to review this issue again. monitors, along with the on-site monitors, create better coverage of the perimeter of such a large parcel (BAAQMD).

Explore ways to reduce the time lag We agree with this recommendation. between measuring elevated levels of SFDPH will be meeting with BAAQMD to naturally occurring asbestos and review the pros and cons of 12 hour vs. 24 altering parcel activities by returning hour sampling and the possibility of to 12-hour sampling (when samples changing the pickup time of the samples so often resulted in results the next day). that results can be received in time to Or, collect from 7 p.m. to 7 p.m., influence the next day's activities. Please which would similarly mean a result note that the samples are currently may be available the next day. collected at 7 am and results are reported (BAAQMD for the on-site monitors; by the lab no later than 5 pm that day. SFDPH for the community monitors). As a matter of principle, public agencies should try to be as timely in their feedback as possible. These sampling strategies will advance this goal.

1390 Market Street, Suite 210 San Francisco, CA 94102 Phone 252-3800, Fax 252-3875 Page 5 of 5 P285 To the Editor:

I read with interest Dr. Reza Shirazi's article "University of California's disservice to the Bayview . Hunters Point community." Dr. Shirazi interviewed me for this article and made me aware that I had unintentionally misrepresented my relationship with Lennar regarding asbestos dust levels during the grading of Parcel A as an early step in residential development at the former Hunters Point Naval Shipyard. I was asked by the San Francisco Department of Public Health and the California Department of Public Health to provide advice about the issue of asbestos dust generation during Parcel A construction in 2006-2007. I said at a public meeting on 1/28/2020 that I had not been paid for this consulting work. When I made that statement, I did not remember that the UCSF Division of Occupationql and Environmental Medicine had been reimbursed for the time I spent on this work. I now want to make a sincere apology to the Bayview/Hunters Point community and to Dr. Ahimsa Porter Sur:nchai in particular for my mistake in making the incorrect statement at the.January meeting that Dr. Shirazi reported on in his recent article. I respect Dr. Sumchai's deep commitment to address the environmental injustice that the Bayview Community has experienced over many decades.

John R. Balmes, MD Professor of Medicine, UCSF Professor of Environmental Health Sciences, School of Public Health, UC Berkeley

P286 Adopted by the Board of Education, at First Reading on Suspension of the Rules, and as Amended, at its Regular Meeting of September 25, 2007

Subject: Resolution No. 79-25A 1 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families - Commissioners Eric Mar and Kim-Shree Maufas

WHEREAS: Patterns of environmental racism, inequity and injustice existwithin San Francisco, where schools in communities like Bayview Hunters Point bear the brunt of environmental health problems; and

WHEREAS: Since October 2006, when a young worker blew the whistle on Lennar Corporation's Hunters Point Naval Shipyard development, large numbers of students, teachers, educators, workers, and families of the Bayview Hunters Point area have been voicing their concerns about the construction-related dust at the Hunters Point Shipyard site and the dangerous health impact that the dust and toxics in it, including asbestos, heavy metals and other inorganics, are · having on our SFUSD students, staff and members of the community; and

WHEREAS: Lennar Corporation is a Florida-based Fortune 500 company which reportedly had revenues of $16.3 billion in 2006 from development projects throughout the country like the 1500-unit condominium development planned for Hunters Point; and · ·

WHEREAS: Lennar Bayview Hunters Point LLC was involved in large scale grading that reportedly caused untold amounts of toxic dust and Asbestos Structures to migrate over its boundary and into areas were children and families live, work and play; and

WHEREAS: In response to. these health dangers and concerns, a broad grassroots· coalition of Bayview Hunters Point and social justice community organizations has been demanding a temporary stoppage in Lennar Corporation's construction so that an independent health assessment can be conducted; and

WHEREAS: There has been a history of problems with implementing the City's dust-mitigation plan since the soil grading and disposal process began that has included: an absence of air monitoring for the first four months of the project during heavy grading; malfunctioning air monitors; a Notice of Violation from the Air Quality Management District; and when the monitors started working, routine exceedances of the agreed-upon allowance of asbestos prevalence in the air - 16,000 structures per cubic meter [SF Department of Health Regulations, Article 31] including 9 exceedances in June alone; and very poor communication of these exceedances to adjacent neighbors; and

P287 Subject: Resolution No. 79-25A1 PAGE 2 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and ~n Independent Health and Safety Assessment to Protect Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

WHEREAS: Numerous studies have documented that Bayview Hunter's Point and other communities in Southeast San Francisco are overburdened with the cumulative impacts of a multitude of environmental health threats that impact the health and well-being of children and other residents who are overwhelmingly African American and other people of color. These impacts include exposure to toxic air pollution, carcinogens, and other inorganic substances from industrial facilities, power plants, sewage treatment and solid and hazardous waste facilities and diesel particulate from trucks, trains and other vehicles. Additionally, these impacted children and residents are more vulnerable to environmental toxics due to their limited access to quality health care and healthy foods and other social and cultural factors. And, this disproportionate impact has a damaging effect on our students academic achievement and opportunities for success in school and in their lives; and

WHEREAS: San Francisco public schools such as Malcolm X Academy, George Washington Carver, Bret Harte, and Dr. Charles Drew College Prep Academy, other schools, childcare centers, and playgrounds are in the immediate vicinity of the Lennar development site; and

WHEREAS: Three. African American employees of Lennar Corporation filed a whistle blower lawsuit in SF Superior Court on March 16, 2007, alleging that they suffered retaliation after reporting asbestos dust exposure and racial discrimination and that the company failed to contain asbestos dust while drilling into the Shipyard site, endangering the local community, including the school children of the neighboring Muslim University; and

WHEREAS: The World Health Organization reports that there is no evidence for a threshold for the carcinogenic effect of asbestos and that increased cancer risks have been observed in populations exposed to very low levels of asbestos; However, there are tests for lead, chromium, radon, arsenic, etc., which are toxic chemicals that are present in the dirt on the affected site; and

WHEREAS: The 'Precautionary Principle' has been adopted by a growing number of cities, including San Franc.isco, as well as the Los Angeles Unified School District, as a proactive approach to promote the safest, lowest risk approach to protecting people's health, the environment, and property; and

WHEREAS: The Precautionary Principle as adopted by the City and County of San Francisco includes the following "essential elements:":

1. Anticipatory Action: There is a duty to take anticipatory action to prevent harm. Government, business, and community groups, as well as the general public, share this responsibility. 2. Right to Know: The community has a right to know complete and accurate information on potential human health and environmental impacts associated with the selection of products, services, operations or plans. The burden to supply this information lies with the proponent, not with the general public. P288 Subject: Resolution No. 79-25A1 PAGE 3 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

3. Alternatives Assessment: An obligation exists to examine a full range of alternatives and select the alternative with the least potential impact on human health and the environment including the alternative of doing nothing. 4. Full Cost Accounting: When evaluating potential alternatives, there is a duty to consider all the reasonably foreseeable costs, including raw materials, manufacturing, transportation, use, cleanup, eventual disposal, and health costs even if such costs are not reflected in the initial price. Short-and long-term benefits and time thresholds should be considered when making decisions. 5. Participatory Decision Process: Decisions applying the Precautionary Principle must be transparent, participatory, and informed by the best available information. (City. of San Francisco, Precautionary Principle Ordinance, Section· 101, August 2003,

THEREFORE BE IT RESOLVED: That the Board of Education of the San Francisco Unified. School District believes that the Precautionary Principle as adopted by the City and County of San Francisco requires them the Mayor Gavin Ne 111som, the Redevelopment Agency, Department of Public Health, Board of Supervisors, and other agencies accountable to our communities to take "anticipatory action" to prevent harm and through exploration and careful analysis of courses of action in order to present the least threat to the students, families and staff of the schools in the vicinity of the Hunters Point development; and

BE IT FURTHER RESOLVED: That the Board of Education of the San Francisco Unified School District calls on the City Mayor, Board of Supervisors, Redevelopment Agency, Department of Public Health and other relevant City agencies to require an immediate halt of Lennar Corporation's development of Parcel A in the Hunter's Point Shipyard until an immediate and independent health and safety assessment can be conducted in coordination cooperation with the Superintendent and the School District's School Health Programs Office and relevant community organizations and City task forces like the SF Asthma Task Force; and

BE IT FURTHER RESOLVED: That the Board directs the Superintendent to coordinate vvith City officials to ensure the health of our students and their families in the affected area and report back to the full Board vvith an environmental safety action plan and timelines to ensure the safety of our students and their families no later than the Board's October 23m-meeting.

P289 Subject: Resolution No. 79-25A1 PAGE 4 In Opposition to Lennar Corporation's Hunters Point Naval Shipyard Development and In Support of the Community's Demand for a Temporary Stoppage and an Independent Health and Safety Assessment to Protect Our Students and Their Families Commissioners Eric Mar and Kim-Shree Maufas

FURTHER BE IT RESOLVED: That the Board of Education of the San Francisco Unified School District hereby urges the City and County of San Francisco to make available to the public and to the San Francisco Unified School District, the results of any independent analysis including the recently completed analysis by the Centers for Diseas_e Control (CDC) and the Environmental Protection Agency (EPA), as well as any concerns raised through these studies of environmental iss~es at this site, and

BE IT FURTHER RESOLVED: That the Board of Education requests that the Superintendent and staff of the San Francisco Unified School District work with the City to draft an agreement that would require the City and County to notify and consult with the San Francisco Unified School District regarding any major construction in proximity to SFUSD school sites.

OLD LANGUAGE STRICKEN OUT. NEW LANGUAGE IN BOLD.

9/25/07

P290 I (BOS)

From: Ahimsa Porter Sumchai MD - Golden State MD < ahi [email protected]> Sent: Thursday, November 19, 2020 11:17 AM To: SOTF, (BOS)

Subject: Submission to SOTF File#20011 -The Understanding Of Consequences J by Ahimsa Porter Sumchai MD, PD (Postdoctoral Fellow) I Nov, 2020 I Medium

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

I wish to submit this article I authored that is relevant to and references SOTF File#20011. It is slated for publication in the SFBayview Newspaper this week. ------Original Message------From: Ahimsa Porter Sumchai MD To: Ahimsa Porter Ahimsa Porter Sumchai MD NSCA-CPT Date: 11/18/2020 8:09 AM Subject: The Understanding Of Consequences I by Ahimsa Porter Sumchai MD, PD (Postdoctoral Fellow) I Nov, 2020 I Medium

https://asumchai.medium.com/the-understanding-of-consequences-e2632e03c98f Ahimsa Porter Sumchai MD [email protected]

P2~1 ttp :l/www.ahimsaportersumchaimd.com/#abou t

P2~2 [he Understanding Of Consequences I by Ahimsa Porter Sumcha... https :// asumchai.medium. com/the-understanding-of-consequences ...

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The Understanding Consequences

~ Ahimsa Porter Sumchai MD, PD (Postdoctoral Fellow) 1 day ago · 8 min read * ~

"A system has order, flowing from point to point. If something dams that flow, order collapses. The untrained eye might miss that collapse until it was too late. That's why the highest function of ecology is the understanding of consequences.'' Frank Herbert Dune Chronicles

The Hunters Point Community Biomonitoring Program has established cause and P293

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effect relationships between environmental toxins and expressions of disease. Science is defined as the observation, identification, description, investigation and theoretical explanation of natural. .. and unnatural phenomenon! The flow of scientific theory leads ultimately to scientific law:

American ecologist Paul B. Sears once stated) "the highest function of science is to give us an understanding of consequences. Author Frank Herbert restated this in his science fiction masterpiece) Dune Chronicles - "the highestfunction of ecology is the understanding of consequences.')

This is my favorite scientific quote. Herbert describes the order and flow of

ecological systems and the consequences of their collapse. '~system has order_, flowing from point to point. If something dams that flow) order collapses ... the untrained eye might miss that collapse.))

Environmental Justice restores disordered ecological systems in low income coastal communities of color facing an undue burden of disease from the deleterious effects ofpollution and social inequities compounded by extreme heat and rising sea levels.

According to EJ4ALL, low income communities of color face disproportionate risk to health and longevity due to toxic emissions from polluting industries, roadways and waste disposal sites loosely regulated by P294 11/19/2020, 11:55 AM [he Understanding Of Consequences I by Ahi:msa Porter Surncha... h ttps :// asurnchai.rn ediurn. corn/the-understanding-of-consequences ...

Hunters Point is a Fence Line Community

At the Edge of a Da.ngerrous Fence line

"The fact is in those frontline communities, it's not a matter of what you're paying them. It matters how you keep them safe What do you do? You impose restrictions on the pollutions ... coming out of those fenceline communities."

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President elect Joe Eiden responded to a historic question during the second and final presidential debate on October 22, 2020 at Belmont University in Nashville, Tennessee. Kristen Welker, a Harvard trained NBC White House correspondent served as moderator. Welker, made history as the first biracial moderator, asked the first environmental justice question posed to candidates during a presidential debate.

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The Hunters Point hilltop and South Basi11 region aii'e folrliee lilrle comml.!lniUes adjacen1t to a system o~ EPA dlesigna.ted federal Superfund sites at the Htmters Point N

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In :2007, I rrall1l for Mayen of San Firali'lcisco to bring voice to a comm\l..!lnity beill1lgi bomba~·ded by toxic dlust. The San IFrnncisco Ctm:mide plUlblished allil artide cm October 3, 2007 that idl~:mtified Johin Balmes, MD as a lennar consl\.!l!tant.

The Understanding Of Consequences!

I want to respond to the letter of apology and admission authored by John Balmes, MD - UCSF Professor of Medicine, Director of the Human Exposure Laboratory and Physician Representative to the California Air Resources Board. Balmes led a 2020 BAAQMD panel on particulate exposure and authored peer reviewed research on adverse impacts of air pollution in children.

Balmes' letter of apology was published by the SF Bayview Newspaper. In it, he admits to having been compensated by the shipyards Master Developer Lennar in 2007, when he issued opinions designed to minimize evident health risks and advance residential development on a federal Superfund site. In December 2007, Balmes was awarded with an appointment to CARS by Governor Arnold Schwartzenegger.

In a letter dated October 9, 2007 to Rick Kreutzer, MD - Chief Environmental Health Investigations for the California Department of Public Health, Balmes agrees that "risks of serious asbestos related health impacts for residents, workers and school children would be low on a personal level even if those exposures were to have occurred over seven P298 6 of22 11/19/2020, 11: 55 AM fhe Understanding Of Consequences I by Ahimsa Porter Sumcha... https :// asumchai.medium. com/the-understanding-of-consequences ...

years. We also concur with your conclusions that radiological testing of residents exposed to asbestos is not recommended and blood tests do not exist."

Balmes was recruited by Lennar by members of a local church and accepted the developers offer to reimburse his UCSF salary during the period of the review. His recruitment came in the aftermath of the September 2007 unanimous vote by the San Francisco Board of Education, calling for a shut down of Lennar's operations and an independent health assessment. The San Francisco Board of Supervisors scheduled a hearing on the Lennar shutdown that drew support from the progressive wing of the Board.

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Balmes publicly denied having been compensated by Lennar in a government sponsored hearing hosted by District 10 Supervisor Shamann Walker on January 28, 2020. Balmes referenced me in his public denial and refuted my claim he was a paid consultant for Lennar in 2007. His apology and admission fulfill legal definitions for defamation- the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime.

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letter of AP-ologY. and Admission bY. John Balmes, MD who was awarded a seat on the CAIRB in 2007 after intervening to advance dangerous develoQment activities at HPNS desJQite astrnrnomica! exceedences in P-articulate and asbestos emissions. Balmes' term on CARB ends this Y.ear. Black emP-lov.ees at CAIRB sent a letter calling out sv.stemic racism and calling for the a12P-ointment of P-eOP-le of color to the board.

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.Jlohn Balmes, MD is Professor of lEnvimnumeinta.! Healtlhi Sdences at Uile Uiniversnty o·f Caiifornia, Director of the Northern California Cell1lter for Occ1U1pational a!i1d lEli'ilvirnnmelritai He@itlhl zmd tlhle Center for Environmental Public Health Tracking. Balmes was appointed to the C8liifornia 1t\nr IResm.nrces Board as it's Physician Member 01111 Decemlber 2007, by Govem<0r An11okl Schwara:eDUeggew. His ~ewm expires at the end of the year.

Between the Y.ears of :2006 and 2007, an estimated 1.2 million tons of asbestos,.P-articulate and heavY. · P302 Ihe Understanding Of Consequences I by Ahirnsa Porter Sum cha... https :/I aswnchai .medium. corn/the-understanding-of-consequences ...

11'\{H:')ta! co11taini!lilg serpelrbtiw~ite rock and soil were grraded from the H!!lntern !Point !Mnkop to ~re~are for residential deve!opme!lilt Ol!U the fodera! S!Jipe:rh.md system at Hl!J!!lil'ii:

In 2007, grading arrnd excavation at a federal Superfund site located within feet of a densely populated neighborhood in Southeastern San Frnncisco set into motion events that !have culminated 13 years laterr as evidence of environmental crime and injustice. The October 3, 2007 edition of the San Francisco Chiro!i1ide reports, "at Lenmu's rrequest, the state and CDC com::iusions were reviewed by Dr. John Baimes,~ 1 Balmes, a professor at UCSF and specialist in Environmental Medicine, bolstered a study by state health authorities forr the CDC supporting conclusions that exposure to asbestos=laden construction dust was at safe levels. !Balmes rncenUy retrac·ted denials he made during a government sponsored hearing in Jlanuary 2020 that he was not a paid consultant for the shipyards Master Developer, Lennar when he bolstered those conclusions, In an apology published in the Sara Francisco Bayview Newspaper, Balmes now admits he was a paid! consultant for Lennar whe111 he signed on to a letterr on file with the San Francisco Department o·f Public Health stating residents could be exposed to toxic dust for up to seven yea.rs without health effects and testing would not be necessary.

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Chris Carpenter is the shipyard worker a.111d commrnr11ity hern cited bly the Boa.id of 1Educatio111 as the courageous whistleblower who, in October 2006, warned residents arid school adlmi111isb'a.tors on the Hunters Point hilltop of asbestos levels so high they tli'iggered work stoppiage.s. Carpenter was fired from his job at the shipyard and died in March of 2015 after losing his baUie with peripheiral T cell lymphoma ~a cancer so rnre it had not been reported in an African American.

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The SlAM Coalition 1.1sed the Frnedom of Information Act in :2009 to obtai111 emai~ exch<:mges between EPA and SFDPH regulators a1r1d lernl1larr Corporration executives that documell1t co1r1spirn.cy to cover up the dar191ers of asbesh)s exposull'e a11d to shll.!lt down the HV'i~ community aill' monitoll' that consistently detected astronomical levels of toxic dust. Marlk Ripperda of tlhe IEIPA was forced to resign, Amy Brnwll'lleii continUJies hel' wol'k as an e11vironmentai engineer compensated by lenrr1ar developers.

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The University of California at San Francisco employs approximately 30 workers situated in Building 830 within feet of the !Parcel E=2 la.ndfi!I and the radiation contaminated !Parcel IE shoreline, UCSF acquired the property in 1969 before the extent of shipyard contaminaticm had been characterized, Workers documented toxic dust on vehides and in the workplace, P306 fhe Understanding Of Consequences I by Ahimsa Porter Sum cha ... https ://as um chai. medium. com/th e-un de rs tan ding-of-consequences ...

Marie Harrison testified before the IHe;zi!th Commission in 200'1 to rr.notest @sbestos ~eve!s as !high as 60,000 fibers per cubic centimeter. (Slunt down leve~s were set at 20,000 fibern perr c1U1lbk: cent~meter) Harrison died in May of 20'il9 of a chmnic h.!!ing dnsease ca1U1sed by sc;:u·ring and filbi"osis due to years of e::qpos1U1re to @ill' po!!i.rUon.

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