Motion-Secondary: BEACON RESIDENTIAL COMMUNITY ASSOCIATION VS. CATELLUS THIRD AND KING LLC et al

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                                KATZOFF & RIGGS LLP

1500 PARK AVE. SUITE 300

EMERYVILLE, CA 94608

{810} 597-1990

22

23

ANN RANKIN (SBN 83690)
TERRY WILKENS (SBN 118469)
Law Offices of Ann Rankin

3911 Harrison Street

Oakland, CA 94611

Tel.: (510) 653-8886

Fax: (510) 653-8889

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

DEC 19 2012

Clerk of the Court
BY: ANNIE PASCUAL

KENNETH S. KATZOFF (SBN 103490) Deputy Clerk
ROBERT R. RIGGS (SBN 107684)
SUNG E. SHIM (SBN 184247)
Katzoff & Riggs LLP
1500 Park Ave #300
Emeryville, CA 94608
Tel: (510) 597-1990
Fax: (510) 597-0295
Attorneys for Plaintiff BEACON
RESIDENTIAL COMMUNITY
ASSOCIATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BEACON RESIDENTIAL ) Case No. CGC 08-478453
COMMUNITY ASSOCIATION, )
) DECLARATION OF ANTHONY
Plaintiff, ) LIN IN SUPPORT OF PLAINTIFF’S
) OPPOSITION TO DEFENDANTS
vs. ) AND CROSS-DEFENDANTS’
} MOTION TO CONTINUE TRIAL
CATELLUS THIRD AND KING LLC, ) OR, IN THE ALTERNATIVE,
etal., ) VACATE THE TRIAL DATE
)
Defendants. ) Date: December 21, 2012
) Time: 9:00 a.m.
) Dept: 304
AND RELATED CROSS-ACTIONS. ) Judge: Hon. Richard A. Kramer
) Trial Date: February 4, 2013

ANTHONY LIN declares:

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DECLARATION OF ANTHONY LIN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS AND CROSS-
DEFENDANTS’ MOTION TO CONTINUE TRIAL OR, IN THE ALTERNATIVE, VACATE THE TRIAL DATEKATZOFEF & RIGGS LLP

1500 PARK AVE, SUITE 308

EMERYVILLE, CA 94608

SMD 597-1990

22

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1. I am the President of the Board of Directors (“Board”) of the Beacon
Residential Community Association (“Association”). I have personal knowledge of
each fact stated in this declaration, and can competently testify thereto, if called to
testify, except as to those matters alleged upon information and belief, and as to those
matters, I am alleging upon information and belief.

2. This declaration is being submitted in support of the Association’s
opposition to Defendants and Cross-Defendants to Continue Trial or, in the Alternative,
Vacate the Trial Date.

3. On September 6, 2012, Dr. Rajiv Bhatia, M.D., M.P.H., who is the
Director of Environmental Health of San Francisco Department of Public Health, issued
a letter to me as the President of the Board, concluding that the high temperatures and
inadequate ventilation documented in three dwelling units at the Beacon present
significant health hazard to the residents of those units. A true and correct copy of the
letter dated September 6, 2012, from Dr. Bhatia is attached hereto as Exhibit A.

4. The Board has fiduciary duties to the other homeowners and to the
Association. Time is of essence in remediating this serious health hazard.

5. A notice of violation issued to one of the units in 2006 is still pending.

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct.

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DECLARATION OF ANTHONY LIN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS AND CROSS-
DEFENDANTS’ MOTION TO CONTINUE TRIAL OR, IN THE ALTERNATIVE, VACATE THE TRIAL DATE1 Executed at San Francisco, California on October 18, 2012.

3 LE,

THONY LIN

«Be

DECLARATION OF ANTHONY LIN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS AND CROSS-
DEFENDANTS’ MOTION TO CONTINUE TRIAL OR, IN THE ALTERNATIVE, VACATE THE TRIAL DATEEXHIBIT ASFDPH

Environmental’

improving environments
protecting health

Edwin M. Lee
Mayor

Barbara Garcia MPA
Director of Health

Rajiv Bhatia MD, MtPFi

Director of Emironmental Health

1390 Market Street

‘Suite 822

San Francisco, CA 94702

Phone 415.252.3931

Fax 415.252.3818

wwe sfenvironmentathealth.org

post

HEALTH

San Francisco
Department of Public Health

September 6, 2012

Anthony Lin, President.

Beacon Residential Community Association
250/260 King Street

San Francisco, CA 94107

RE: Indoor Environmental Conditions at the Beacon Condominiums

Dear Mr. Lin:

}am responding to your request of July 31, 2012 regarding indoor environmental
conditions in the Beacon Condominiums at 25 and 260 King Street in San
Francisco. You requested, on behalf of the Board of Directors of Beacon
Residential Community Association, that the Department of Public Health
evaluate whether high temperatures and inadequate fresh air ventilation in
certain dwelling units at the Beacon constitute a health and safety hazard for

occupants.
In evaluating this question, | relied on the following data:

* Aventilation engineering report authored by Lefler Engineering dated
August 10, 2012.

« Asummary of thermal conditions at the Beacon authored by Francis J.
Offermann representing Indoor Environmental Engineering on July 31,
2012.

* A Notice of Violation for inadequate building ventilation from the San
Francisco Department of Building Inspections issued in 2006.

*® Records of temperature and ventilation measures at the Beacon
{undated).

In addition to reviewing the data above, | accessed relevant scientific research,
available regulatory standards and professional guidelines and conferred with
public health experts on indoor environmental quality.Based on this data and scientific research, and available standards and guidance, | would conclude
that, the thermal environments documented in several of dwelling units present a significant health
hazard to residents of those units as weil to employees of residents working in the home. The
thermal hazards are most significant for individuals particularly vulnerable to heat stress and its
health consequences, including the elderly, those with impaired mobility, and those with
medications that impair awareness, fluid balance and thermoregulation.

Additionally, engineering studies document that the building was not designed to provide sufficient
fresh air flow to all of the dwelling units. insufficient fresh air flow potentially contributes both to
the thermal conditions as well as to health effects related to indoor air pollutants, such as allergic
respiratory diseases,

Thermal conditions

Substantial public health research has documented the relationships between thermal
environments, the body’s physiological responses, and health effects. Physiological consequences
of prolonged exposure to hot environments include impaired mental and physical functioning,
dehydration (from sweating), electrolyte imbalance, and hyperthermia. ' These consequences can
be manifest in symptoms like heat exhaustion, heat syncope (fainting), heat cramps, and heat
stroke, Heat stroke can be fatal. There is strong causal relationship between elevations in ambient
temperature and pre-mature mortality.” Importantly, higher temperature contributes to death not
only directly via hyperthermia but also through other indirect mechanisms.° For example, higher
temperature may contribute to dehydration which could strain the cardiovascular system and result
in symptoms of cardiovascular disease.

Heat stress occurs when external temperatures exceed the body’s ability to regulate internal
temperature. In warm environments, humans maintain body temperature by increasing blood flow
to the skin, sweating, and breathing. Exertion, even minimal activity, reduces the amount of heat
that can be dissipated. 85 F (29.4) is considered to be the temperature at which humans maximize
thermoregulatory mechanisms to dissipate heat.’ The elderly and children have reduced ability for
thermoregulation. Many commonly used medicines can both interfere with thermoregulation or
make individuals more vulnerable to heat stress.

Environmental factors contributing to heat stress include temperature but also humidity, the
temperature of surrounding environments (e.g ., wails, windows, floors, furnaces), and air flow.
Lower air flow, higher humidity, and surrounding hot surfaces or radiant heat sources will limit

* Hancock PA, Ross JM, Szalma JLA meta-analysis of perforrnance response under thermal stressors. Hum Factors.
2007 Oct;49(5)}:851-77,

* Kovats RS, Hajat S. Heat stress and public health: a critical review. Annu Rev Public Health. 2008;29:41-55.

3 Basu R. High ambient temperature and mortality: a review of epidemiologic studies from 2001 to 2008. Environ
Health. 2009 Sep 16;8:40..

4 Hancock PA, Ross JM, Szalma JL.A meta-analysis of performance response under thermal stressors. Hum Factors.
2007 Oct;49(5):851-77.Page 3

human mechanisms of thermoregulation. Air conditioning mitigates the environmental impact of
heat indoors and is a preventative factor for heat-related mortality and hospitalizations.”

Residential building or housing codes in California do not yet provide an enforceable standard for
maximum indoor temperatures. However, professional standards issued by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) dictates that the maximum indoor
temperature should be no greater than 78-82 in summertime depending on the humidity. The
National Oceanic and Atmospheric Agency (NOAA) advises that a Heat Index (which combines
Temperature and Humidity) above 80 can result in fatigue and heat cramps whereas a HI above 90
can result in heat cramps and heat exhaustion. The American Conference of Governmental
Industrial Hygienists (ACGIH) standards for workplaces recommends taking action when the wet
bulb globe temperature (WBGT) is greater than 80°F and limiting exposure when the WBGT is >
86°F. These latter standards, which are applicable to heaithy workers and not to other populations,
are intended to be protective against a rise in body temperature of 1C and take into account level of
physical activity, humidity, and clothing.

The data provided by the Board’s environmental consultant and summarized in the table below
indicates that temperature exceeds 80° F for prolonged periods of time in units in the building.
Units have temperatures that exceed 80° F over 25% of the days of the year. In several units, the
temperature exceeds 85° F for protonged periods.

indoor air temperatures measured in three Beacon condominiums units

Unit Date Range Max Max Max
Consecutive Consecutive Consecutive
Hours Hours Hours
Exceeding > Exceeding > Exceeding >
80 F 85F SOF
657 9/27/10 to 44,7 (1.9) 15.3 (0.64) 7.3 (0.31)
9/29/10
557 9/20/11 to 15.3 (0.64) 9.0 (0.38) 5.7 (0.24)
9/21/11
769 9/26/10 to 95.3 (4.0) 16.6 (0.69) 8.7 (0.36}
9/30/10

These recorded temperatures are clearly unacceptable for human comfort and will impair optimum
mental and physical function. ? Building occupants in dwellings with temperatures outside the
comfort range are at risk for the full range of adverse health consequences associated with heat
stress, including heat exhaustion, heat syncope (fainting), heat cramps, and heat stroke. The degree
of risk will vary based the intensity and duration of exposure, the level of physical activity, and
individual vulnerability factors. The hazards are greatest for the elderly or the young or those with

* Ostro B, Rauch S, Green R, Malig B, Basu R. The effects of temperature and use of air conditioning on
hospitalizations. Am J Epidemiol 2010 Nov 1;172(9):1053-61.

° american Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) Standard 55 - Thermal
Environmental Conditions for Human Occupancy. 2010.

? Hancock PA, Ross JM, Szalma JL.A meta-analysis of performance response under thermal stressors. Hum Factors.
2007 Oct;49(5):851-77.

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medical conditions that may impair thermoregulation, awareness, mobility, or fluid balance. Risk of
heat stress may also be significant for building employees or employees serving building occupants,
such as housekeepers, who may have a high levels of exertion related to job duties. Given the
moderate climate in San Francisco, all occupants may be relatively more sensitive to heat stress due
to acclimatization to relatively lower ambient temperatures in the region. Specific design elements
in this building, including glass walls, which can contribute to higher interior mean radiant
temperature (MRT) have potential to limit heat transfer from bodies to the environment and thus
compromise thermoregulation.

Ventilation

Adequate fresh air ventilation of indoor environments is necessary to remove pollutants from
indoor spaces generated by peopie, their activities, or building materials. In indoor environments,
increasing fresh air ventilation is known to reduce the prevalence of several health symptoms and
the health benefit of increasing ventilation is demonstrated up to rate of 25 liters/ minute per
person. ® To protect public health, professional standards of practice and building codes include
minimum fresh air ventilation requirements.° California building standards for high-rise residential
construction require either natural ventilation via operable wall or roof openings with a combined
area of not fess than 5 percent of the conditioned floor area or mechanical ventilation at the
equivalent of 15 cubic feet per minute per person.” Because of high ambient noise at the Beacon’s
lacation, opening windows would result in unacceptable levels of interior noise. State law provides
that buildings in such noisy locations must include an alternative fresh air source which typically
requires mechanical ventilation”?

According to the engineering reports provided, the units in the building have neither sufficient
operable window areas nor a whole-room or whole building mechanical ventilation system in the
dwellings. In 2006, the San Francisco Department of Building Inspection concluded that ventilation
in at least one of the units violated the California Building Code standards for fresh air ventilation.

Recommendations

J understand that both the thermal conditions and air quality have been longstanding concerns at
the Beacon and that the building owners have been evatuating alternatives means to address these
issues. Until the thermal environmental conditions are improved, | would recommend that all
occupants should consider taking precautions against the hazards of heat stress, including avoiding
remaining in their dwellings for prolonged periods during higher temperatures and avoiding physical
exertion in the dwellings during hat periods. Because of the potential significant risks, individuals

® Sundell J, Levin H, Nazaroff WW, Cain WS, Fisk WJ, Grimsrud DT, Gynteiberg F, Li Y, Persily AK, Pickering AC,
Samet JM, Spengler JD, Taylor ST, Weschler CJ, Ventilation rates and health: multidisciplinary review of the
scientific literature. indoor Air. 2041 Jun;21(3):1914-204.

* american Society of Heating, Refrigerating and Air Conditioning Engineers. Ventilation for Acceptable Indoor Air
Quality. Standard 62.1, 2010.

*° Building Energy Efficiency Standards. California Code of Regulations. Title 24, PART 1. §121.

* California Building Code. California Code of Regulations. Title 24, Part ll. §1207.

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who are restricted to being in their dwellings and those with impaired mental function or mobility
should not reside in dwelling units with uncontrolled high temperatures.

it is equally important to mitigate the lack of fresh air flow in this building. Because of the elevated
ambient noise levels, a mechanical source of fresh air ventilation is required. | understand that such
a solution will require creative design given the existing construction. Because of the rail sources of
diesel exhaust, consideration should be given to high-efficiency (MERV-13) filtration in this
mechanical system. Ensuring sufficient fresh air ventilation to meet the building code standards may
not itself be sufficient to control temperatures within the units given the construction of the
building.

i hope this report has provided a clear response to your questions. Please do not hesitate to
contact me if you have questions about this report or if would like to share further information or if
you would like to share further facts with the Department.

Sincerely,

Hh

Rajiv Bhatia, MD, MPH.
Director of Environmental Health

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