Report (“EIR”). See Citizens for Clean Energy v City of Woodland (2014) 225 Cal.App.4th 173, 191 (finding that any party who has objected to the project’s environmental documentation may assert any issue timely raised by other parties).
I. THE PROJECT WOULD BE APPROVED IN VIOLATION OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. Background Concerning the California Environmental Quality Act The California Environmental Quality Act is a California statute designed to inform decision-makers and the public about the potential significant environmental effects of a project. 14 California Code of Regulations (“CEQA Guidelines”), § 15002, subd. (a)(1).
1 At its core, its purpose is to “inform the public and its responsible officials of the environmental consequences of their decisions before they are made.” Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564.
B. The Project May Have a Significant Hazards Impact
The Project may have a significant hazards impact. The Project proposes to demolish an existing office building that is estimated to have been constructed between 1978 and 1985.
2 The DEIR even admits that demolition of the existing structure at the Project Site could cause a release of hazardous materials, such as asbestos and lead, into the atmosphere.
3 The DEIR further asserts that in the Phase I Environmental Site Assessment (“ESA”) that was prepared for the Project, no hazardous materials such as asbestos, LBP, lead, or mercury, among other things, were detected, and indicates that this conclusion was reached through an interior observation through interviews and records review.
4 Yet, there is ample scientific data that buildings built before the 1980s used asbestos and lead. (See Exhibit A.)
5 1 The CEQA Guidelines, codified in Title 14 of the California Code of Regulations, section 15000 et seq., are regulatory guidelines promulgated by the state Natural Resources Agency for the implementation of CEQA. Cal. Pub. Res. Code, § 21083. The CEQA Guidelines are given “great weight in interpreting CEQA except when . . . clearly unauthorized or erroneous.” Center for Biological Diversity v. Dept. of Fish & Wildlife (2015) 62 Cal.4th 204, 217. 2 Latigo Hillcrest Project Environmental Impact Report (Apr. 2023), pp. 4.4-1, 4.6-9. 3 Id. at p. 5.0-13.
4 Id. at p. 4.6-9.
5 Also available at: https://www.mesothelioma.com/asbestos-exposure/jobsites/homes; and https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/home_test.aspx. 1477
City of Thousand Oaks – 2150 West Hillcrest Drive Mixed Use Project July 11, 2023
The DEIR then goes on to state that “[w]hile asbestos and [lead-based paint (“LBP”)] bans were starting up in the 1970s and 1980s, not all asbestos materials were banned.
Thus, it is assumed that the existing building on the project site could have asbestos and LBP from the original construction, which occurred between 1978 and 1985.”6 It is undisputed that both lead and asbestos are dangerous to people’s health. While intact asbestos by itself may not be hazardous, damaged or disturbed asbestos may release asbestos fibers and become a health hazard.
7 Per Occupational Health and
Safety Administration’s (“OSHA”) description:
What are the hazards of asbestos?
Asbestos is well recognized as a health hazard and its use is now highly regulated by both OSHA and EPA. Asbestos fibers associated with these health risks are too small to be seen with the naked eye. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis and result in loss of lung function that often progresses to disability and death. Asbestos also causes cancer of the lung and other diseases such as mesothelioma of the pleura which is a fatal malignant tumor of the membrane lining the cavity of the lung or stomach. Epidemiologic evidence has increasingly shown that all asbestos fiber types, including the most commonly used form of asbestos, chrysotile, causes mesothelioma in humans.
OSHA’s Definition of “Asbestos” on its Official Website.8 Similarly, lead is dangerous to people and their families. Per OSHA’s report:
Lead has been poisoning workers for thousands of years. Lead can damage the central nervous system, cardiovascular system, reproductive system, hematological system, and kidneys. When absorbed into the body in high enough doses, lead can be toxic.
6 Id.
7 See, https://www.cpsc.gov/safety-education/safety-guides/home/asbestos-home; see also, medical conditions associated with asbestos:
https://www.atsdr.cdc.gov/asbestos/health_effects_asbestos.html 8 See, United States Department of Labor, Asbestos, available at https://www.osha.gov/asbestos (accessed on Mar. 27, 2023.) 1478
City of Thousand Oaks – 2150 West Hillcrest Drive Mixed Use Project July 11, 2023
In addition, workers’ lead exposure can harm their children’s development. Short-term (acute) overexposure–as short as days--can cause acute encephalopathy, a condition affecting the brain that develops quickly into seizures, coma, and death from cardiorespiratory arrest.
Short-term occupational exposures of this type are highly unusual but not impossible. Extended, long-term (chronic) overexposure can result in severe damage to the central nervous system, particularly the brain. It can also damage the blood-forming, urinary, and reproductive systems. There is no sharp dividing line between rapidly developing acute effects of lead and chronic effects that take longer to develop.
9 OSHA also documents the adverse effects of lead on people’s reproductive health:
REPRODUCTIVE RISKS
Lead is toxic to both male and female reproductive systems. Lead can alter the structure of sperm cells and there is evidence of miscarriage and stillbirth in women exposed to lead or whose partners have been exposed.
Children born to parents who were exposed to excess lead levels are more likely to have birth defects, mental retardation, or behavioral disorders or to die during the first year of childhood.
Workers who desire medical advice about reproductive issues related to lead should contact qualified medical personnel to arrange for a job evaluation and medical followup--particularly if they are pregnant or actively seeking to have a child. Employers whose employees may be exposed to lead and who have been contacted by employees with concerns about reproductive issues must make medical examinations and consultations available.
10 For the foregoing reasons, the Project may have a significant hazard impact, including due to the disturbance of potential asbestos and lead and other chemicals as part of demolition.
The DEIR’s or Phase I ESA’s statements that no asbestos was discovered by interior observation lacks credence: visual observation or discussions with
9 See, OSHA Report, Lead in Construction (2004) p. 3, available at https://www.osha.gov/sites/default/files/publications/osha3142.pdf 10 Id. at p. 4.
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City of Thousand Oaks – 2150 West Hillcrest Drive Mixed Use Project July 11, 2023
others cannot be conclusive proof of whether the building contains asbestos- related material.
Yet, the DEIR ultimately concludes that with regulatory compliance, no mitigation measures are required with regards to the Project’s impacts pertaining to transport, use, or disposal/foreseeable upset and accident conditions. In light of the fact that the DEIR fully disclaims the existence of asbestos or other chemicals, its statement that regulatory compliance will help reduce their impacts lacks credibility as well. Simply put, asbestos removal requires delicate and detailed work ahead of demolition. Where the existence of asbestos is denied, there is no guarantee the Applicant will even comply with regulatory measures. Stated differently, the regulatory measures or compliance relied upon in the EIR is illusory and unenforceable and non-binding in light of the EIR’s denial of presence of the noted chemicals on the Project site.
Thus, the EIR should be revised and recirculated to adequately account for and mitigate the potential hazards impact.
II. CONCLUSION
For the reasons set forth above, SWMSRCC respectfully requests that the City require the revision and recirculation of the Draft Environmental Impact Report pursuant to CEQA, consistent with the concerns and authority mentioned in this letter.
Sincerely,
____________________________
Stephanie Papayanis
Attorneys for Southwest Mountain
States Regional Council of Carpenters
Attached:
Article re: Asbestos Sources and Impacts (Exhibit A).
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSStephanie Papayanis 1480
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 1/23 Home Asbestos Exposure Exposure Sites by Type Asbestos in the Home Asbestos in the Home
Written by
Tara Strand
Senior Content Writer
Jennifer Lucarelli
Legal Advisor and Contributor
Legally Reviewed by
Learn
About
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Rights
in the Home
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Asbestos was used in many
homes built before the 1980s.
Some of those homes may still
have ooring, ceiling tiles,
insulation or other materials with
asbestos. This puts residents at
risk for mesothelioma and other
asbestos-related diseases.
Homeowners can take measures
to prevent exposure.
Learn More About Asbestos
Exposure in the Home in Our
Free Guide
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01. DANGERS OF ASBESTOS IN HOMES
Why Is Asbestos in the Home Dangerous?
Asbestos materials in the home can pose a danger to residents.
Over time, asbestos-containing products can become worn or damaged. Disturbing these materials can cause microscopic asbestos fibers to become airborne. Anyone in the home may inhale or ingest the airborne fibers.
Asbestos exposure is linked to several diseases, including malignant mesothelioma.
Exposure to asbestos in the home may cause:
Preventing asbestos exposure, in the home or on the jobsite, is the best way to prevent asbestos-related diseases.
When Was Asbestos Used in Homes?
Asbestos was commonly used in thousands of products and home construction materials before the 1980s. From the 1930s to the 1970s, building materials, vinyl products and other products contained asbestos. New regulations in the 1970s and 1980s limited asbestos use. But stockpiles of asbestos materials may have found their way into homes up to the 1990s.
Pleural
mesothelioma
Peritoneal
mesothelioma
Asbestosis
Asbestos lung
cancer
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01. Dangers of
Asbestos in
Homes
02. Where Is
Asbestos in
Homes?
03. How to
Identify
Asbestos
04. Testing for
Asbestos
05. Asbestos
Exposure in
Homes
06. How to
Handle
Asbestos in
Homes
07. Actions to
Protect
Homeowners
Get Financial
Assistance
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 3/23 According to the U.S. Environmental Protection Agency (EPA), more than 30 million tons of asbestos were used between 1900 and 1980.
Some of these past uses are still in materials and products people may come into contact with today.
Asbestos is not banned in the United States, but the EPA did ban the use of asbestos in some new products after 1989. Older homes built before 1980 may be more likely to have asbestos, and there is less asbestos risk in newer homes.
02. WHERE IS ASBESTOS IN HOMES?
Where to Find Asbestos in Old Homes
Asbestos-containing materials may be found in all areas of older homes. From the 1930s through the 1970s,
asbestos was included
in many different building materials. The mineral was popular because of its durability and resistance to heat and chemicals.
Common asbestos-containing materials found in the home include:
Asbestos rope/sheet
Boiler insulation
Ceiling tiles
Cement roofing
Cement sheets
Duct/pipe insulation
Furnaces
Joint compound
Millboard
Rollboard
Roof shingles
Roofing felt
Sheetrock
Siding shingles
Vermiculite attic insulation
Vinyl floor tiles
Vinyl sheet flooring
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 4/23 The varied uses of asbestos before the 1980s put many in danger of asbestos exposure in their homes.
03. HOW TO IDENTIFY ASBESTOS
How to Identify Asbestos in the Home
Homeowners may want to know how to identify asbestos in their house. It is not possible to identify asbestos-containing materials with the naked eye. However, there are signs of asbestos homeowners can look for. These clues may hint toward the presence of the mineral in certain products.
For example, homes built before the 1980s likely have asbestos in them. If the home has popcorn ceilings or vinyl flooring, it may have asbestos. A simple rule is the newer a home is, the less likely it has 1484
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 5/23 asbestos materials. Homes built before 1980 should be assumed to contain the mineral somewhere.
There may be signs or visual clues of asbestos in the house, but homeowners should never touch anything they think may have the mineral. Homeowners should have a trained asbestos professional inspect and manage potential asbestos. Proper handling of the mineral will prevent asbestos exposure.
Visual Clues to Help Identify Asbestos in Houses
Homeowners may find visual clues that help identify asbestos in their homes. They won’t be able to see asbestos itself because the mineral consists of microscopic fibers. However, the age of the home and some construction materials may suggest if a home has asbestos.
Another complication to visually finding asbestos is the different types of asbestos that may have been used. These asbestos types can range in color and appearance. But asbestos-containing products may not have visible asbestos fibers. In many cases, asbestos was used as a component in the product, making it impossible to see asbestos fibers. Still, some visual clues may suggest materials may contain asbestos.
Examples of Ways to Possibly Identify Asbestos
in the Home
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The texture applied to walls and ceilings that was then painted over often contained asbestos. Popcorn ceilings were popular 1485
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 6/23 Homeowners should remember that asbestos is a microscopic fiber that becomes airborne after being disturbed. If homeowners suspect potential asbestos in their home, they should hire a professional to inspect materials and recommend next steps.
Check Surplus Materials for Labels Identifying
Asbestos
Surplus materials may have asbestos in them. The packaging may help identify which products contain asbestos.
between 1945 and the early 1990s. Homeowners should
assume all popcorn ceilings from this period contain asbestos.
Learn More About Popcorn Ceilings
DDiimmpplliinngg oof f CCoonnssttrruuccttiioonn MMaatteerriiaallss Asbestos causes dimpling in certain products’ surfaces.
Products that may show dimpling include shingles, roofing materials or pipe insulation. Dimpling may often mean the material has asbestos and should be tested by an asbestos professional.
Learn More About Asbestos in Construction Materials
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 7/23 For example, spare boxes of vinyl floor tiles may have a stamp on the box or the back of the tiles that states they contain asbestos.
These products came in a variety of shapes and sizes, and not all used asbestos in their production. A date included on the packaging may also indicate that they were manufactured during the height of asbestos use (1930s – 1980s).
Handling the tiles or other surplus materials may carry exposure risk.
Homeowners should only inspect the outside of the packaging for a label. If there are no packages, it is best to assume any flooring or other construction materials installed before 1980 contain the mineral. Homeowners should treat these materials with caution.
While visual clues like labels can suggest the presence of asbestos in the home, it is not a fool-proof method to identify asbestos. Only 1487
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 8/23 asbestos abatement professionals can properly test for asbestos and safely handle any asbestos materials.
Questions About
Asbestos
Exposure in the
Home and
Mesothelioma?
Ask experienced
mesothelioma
advocate Jennifer
Lucarelli
Ask a Question
04. TESTING FOR ASBESTOS
How Do I Know if My House Has
Asbestos?
The only way to know for sure if your house has asbestos is to test the home. The best way to test is to hire an asbestos abatement professional. Anyone with a home or planning to buy a house built before the 1980s may want to consider having their home tested, especially if they plan to remodel.
A trained asbestos abatement professional can test for asbestos while minimizing the risk of exposure. They will also offer advice on the proper way to handle any asbestos-containing products present. Options may include leaving it as is, removing it or encapsulating it. Encapsulating asbestos involves leaving it in place and sealing it with a protective barrier.
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 9/23 Home asbestos tests are available. However, the homeowner could expose themselves and anyone living in the home to asbestos by using these tests. Many experts recommend leaving the asbestos testing to the professionals. They have the needed training to test for asbestos and handle next steps, such as removal, to prevent exposure.
How Much Does Professional Asbestos Testing
Cost?
The cost of professional asbestos testing varies. The number of samples needed, type of testing completed on the samples and part of the country can all impact cost. According to data from Essel Environment, the national average for basic asbestos testing is $600. 1489
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 10/23 Comprehensive testing will cost more, but it is more in depth.
Comprehensive asbestos testing includes:
Homeowners may consider having asbestos testing done before conducting any renovations or home projects. The cost for comprehensive testing may be worth the peace of mind from knowing that dangerous exposure could be prevented.
Comprehensive testing costs can vary depending on location. These examples can help homeowners understand the cost variations.
Air quality testing
Asbestos Hazard Emergency Response Act (AHERA)
inspection
Initial test and sampling
Full inspection after asbestos is detected
Example Costs of Professional Asbestos Testing
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05. ASBESTOS EXPOSURE IN HOMES
How Does Asbestos Exposure Occur in
Houses?
Asbestos exposure at home may happen whenever asbestos- containing materials are disturbed or damaged. This can happen through normal wear and tear or as a result of renovations. Other common ways for asbestos products to be disturbed include:
Source: HowMuch.net
Maintenance projects
A fire or natural disaster
Flooding or water damage
Asbestos exposure can occur anywhere in the house. Common sources of asbestos exposure in the home include:
Asbestos in the Attic
Asbestos may be in insulation found in the attic. One of the most notorious sources for asbestos came from vermiculite attic insulation.
Attics
Basements
Ceilings
Crawl spaces
Floors
Roofs
Walls
According to one study, an estimated 20% of all mesothelioma diagnoses in industrialized countries happen outside of the workplace.
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 12/23 This type of insulation looks like small pebbles that have been put down on the floor of the attic. Vermiculite attic insulation, such as Zonolite insulation, has well-documented ties to asbestos contamination.
The EPA suggests up to 70% of the vermiculite sold in the United States between 1919 and 1990 came from Libby, Montana. Much of it may have been contaminated with asbestos.
If a home has vermiculite insulation, homeowners should be careful not to disturb it. They should call an asbestos abatement professional to test and remove it. Because so much of the vermiculite came from Libby, homeowners should assume any vermiculite insulation contains asbestos.
Asbestos in the Walls of Homes
Homes built before the 1980s may have wallboards and texture that includes asbestos. Wallboards go by many different names, like drywall, gypsum board or sheetrock. During the manufacturing process, asbestos was mixed with other materials and sandwiched between two sheets of paper. Asbestos in wallboards can be disturbed when drilling through it or if the outer paper is damaged.
Asbestos cement sheets were also sometimes used for interior walls.
On the outside of older homes, these sheets were used for roofing and siding. Over time, these materials can start wearing out, exposing residents to asbestos.
Learn More About Asbestos in Libby, Montana
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 13/23 If a homeowner wants to remodel or needs to do maintenance, they should take precautions before starting on any work in homes built before the 1980s. A professional asbestos abatement company should test the area first.
Asbestos in Popcorn Ceilings and Vinyl Tiles
Popcorn ceilings and vinyl tile floors were popular starting in the 1940s. Both, however, may have asbestos in them.
Builders liked popcorn ceilings because they could hide some imperfections, and they provided some acoustical insulation. These types of ceilings could have 1 – 10% asbestos content. As they began to age and break down, pieces of the covering could flake off and become airborne.
Vinyl tiles provide an easy-to-maintain floor option. They can come in a variety of colors and patterns. However, during the manufacturing process, the vinyl may have been fused with asbestos. The adhesive used to glue the floor down may also have asbestos. If a homeowner ever wants to update the floor or needs to repair it, they risk exposure.
An asbestos abatement professional will be able to test and safely remove both popcorn ceiling and vinyl tiles.
Other Examples of Asbestos Exposure at
Home
Insulation on Hot Water Pipes
Asbestos was commonly used as an insulator.
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06. HOW TO HANDLE ASBESTOS IN HOMES
What to Do if You Have Asbestos in Your
Home
If a homeowner believes their home has asbestos materials, they should contact an asbestos professional to conduct a test. If the home does have asbestos, the homeowner may need to hire a contractor to remove it.
In general, asbestos materials are considered safe when they are in good condition and there are no signs of damage. If the material is damaged or worn, a professional may suggest removing or encapsulating the product. Encapsulation involves covering the materials with a sealant to prevent airborne fibers.
At no point should a homeowner attempt to remove asbestos on their own.
According to the Occupational Safety and Health Administration (OSHA), there is no safe level of asbestos exposure. Improper The mineral can be found in pipe insulation in older homes.
Homeowners should not remove or replace pipe insulation on their own in homes built before the 1980s.
Vehicle Repairs in the Home Garage
Asbestos was often used in friction materials, such as car brakes, made before the 1980s.
Brakes or other car parts from this period should not be repaired in home garages.
Some foreign car parts may also still contain asbestos and should be handled by a mechanic.
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Asbestos Safety Dos and Don’ts
Asbestos in the home can be very dangerous if disturbed or damaged. Homeowners need to know what to do if they suspect their home has asbestos.
Homes built before the 1980s may be built with asbestos-containing materials. Suspected asbestos-containing materials should be handled by professionals to avoid dangerous exposure.
How to Approach Asbestos in the Home
Avoid asbestos-containing materials.
Do not damage asbestos-containing materials.
When buying a home, talk to the home inspector and realtor about any known asbestos in the home.
Hire asbestos abatement professionals to complete all
testing, removal or encapsulation of materials.
If razing a home, have the home inspected before
demolition to ensure all hazardous materials are handled properly.
How Not to Approach Asbestos in the Home
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 16/23 Why You Shouldn’t Use an At-Home Asbestos
Test Kit
Asbestos materials are dangerous any time fibers are airborne.
Unqualified homeowners attempting to test suspected asbestos materials on their own can cause a larger health hazard than undisturbed asbestos materials.
At-home test kits can put homeowners and their families at risk of dangerous exposure. To collect samples for testing, the suspected hazardous materials must be disturbed. This can cause fibers to become airborne. As such, it may be in the best interest of homeowners not to use an at-home asbestos test kit.
If an at-home asbestos test kit must be used, homeowners should:
Don’t sand, saw, scrape, drill or otherwise disturb asbestos- containing materials.
Don’t use a vacuum or broom to clean disturbed asbestos materials.
Don’t attempt to collect samples of suspected asbestos- containing materials for testing.
Don’t have asbestos-containing materials removed by
professionals unless encapsulation is impossible.
Don’t throw asbestos-containing materials in your regular trash.
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7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 17/23 Although at-home asbestos test kits may seem more economical than hiring a professional, the costs related to asbestos-related diseases are far greater.
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Turn off the heating and cooling system to prevent the fibers from traveling through the home
Wear an N95 respirator
Wear disposable gloves and wash hands afterward
Ensure no one else is in the room
Wet the material before testing it
Dispose of asbestos material according to state and local laws *More tips for at-home removal are on the U.S. Consumer Product Safety Commission’s website.
Provide for loved ones
$30 billion set aside
Cover insurance shortfalls
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07. ACTIONS TO PROTECT HOMEOWNERS
Preventing Asbestos Exposure in the
Home
Preventing asbestos exposure at home is the best course of action homeowners can take to protect themselves and their families.
Homeowners should not attempt to remove asbestos from their homes on their own. Without proper handling and safety precautions, removing asbestos can cause exposure and lead to illness. It is important to hire a trained professional, so the asbestos materials can be handled and disposed of properly.
Many cities and states have regulations in place for the proper disposal of asbestos and materials containing asbestos. It is important to understand these asbestos regulations to protect anyone in the home, workers and neighbors from exposure. 1498
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 19/23 Federal Regulations to Help Protect
Homeowners From Asbestos Exposure
Federal regulations have reduced the amount of asbestos used in construction and manufacturing. In 1973, the United States used more than 800,000 tons of asbestos, compared to only a few hundred tons today. However, there is no full
ban on
asbestos.
Reducing asbestos use has helped, but homeowners are still at risk. It is imperative for homeowners to understand:
The EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) help protect air quality and reduce health risks presented by various contaminants, such as asbestos.
These regulations create safety standards for many home projects, including renovations. NESHAP also covers asbestos waste transportation and disposal.
The U.S. Consumer Product Safety Commission also has
several bans in place related to certain asbestos-containing materials, such as artificial ashes and embers found in gas fireplaces. The asbestos in artificial ashes and embers glowed red when heated to give the fake logs the illusion of burning.
Both were banned in 1978.
Where asbestos-containing materials are most likely to be found
What common products may contain the mineral
How to protect themselves and others should they come into contact with asbestos
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Written by
Tara Strand
Senior Content Writer
Reviewed by
Jennifer Lucarelli
Legal Advisor and
Contributor
What to Do if You Think You Have Been
Exposed to Asbestos in the Home
Anyone who believes they have been exposed to asbestos while working on a project at home should consult their doctor. A doctor can help monitor for signs and symptoms of mesothelioma or other asbestos-related diseases.
Monitoring for mesothelioma may include regular imaging tests, such as X-rays or CT scans. Early detection may allow patients to have more treatment options, which may impact life expectancy.
Prevention is the best protection against asbestos exposure.
Homeowners who have a house built before the 1980s may want to speak with an asbestos abatement professional. Homeowners should also consult with a professional before undertaking repairs or a remodel of their older homes.
Asbestos in the home can be serious. Asbestos regulations are an important part of safety.
Learn More About Asbestos Regulations
1500
7/10/23, 4:20 PM Guide to Identifying, Testing & Removing Asbestos in Homes https://www.mesothelioma.com/asbestos-exposure/jobsites/homes/ 21/23 Tara Strand specializes in researching
and writing about asbestos, raising
awareness and advocating for a ban.
Jennifer Lucarelli has been an
advocate for mesothelioma patients
and their families for 20 years and has
helped over 1,000 victims. She is a
Legal Advisor and Contributor for
Mesothelioma.com.Full Bio
Editorial Guidelines
Full Bio
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providing the latest mesothelioma
information and free resources while
raising awareness of the dangers of
asbestos. This site is sponsored by for-
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7/10/23, 4:22 PM Testing Your Home for Lead
https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/home_test.aspx 1/5
CHILDHOOD LEAD POISONING PREVENTION BRANCH
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7/10/23, 4:22 PM Testing Your Home for Lead
https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/home_test.aspx 2/5 Testing Your Home for Lead
Why should I test my home for lead?
If you have children, lead in your home can cause serious long term health and behavior problems for them. Lead is a hazard to children under 6 years of age in particular. Lead in paint, dust, and soil is a problem for children because it gets in their bodies when they put their fingers, toys, or paint chips or dust into their mouths. Lead can also harm a pregnant woman and her developing fetus.
You should consider testing for lead if there are children in your home and:
Your house was built before 1978, or
Your house is near a freeway or busy roadway where leaded gasoline and its exhaust may have polluted the soil with lead.
If your house was built before 1978, it is especially important to test for lead if:
Your house has peeling or chipping paint.
Your house has bare soil in the yard where children play.
You plan to repaint, remodel, or renovate the house.
A child living in the house has had a blood lead test result indicating lead exposure.
Your house was built before 1950 - such homes almost always have some lead-based paint.
If you are buying or renting a home:
Federal laws require the seller to give you an informational pamphlet and to tell you about any known lead hazards in the home. (These federal laws also give home buyers 10 days to inspect for lead. The law does not require landlords to allow a renter to inspect for lead.) Contact the National Lead Information Center at 1-800-424-LEAD for information and materials about real estate disclosure laws and for the EPA pamphlet Protect Your Family from Lead in Your Home.
Where should I test for lead?
The most important areas to test for lead are those areas where children spend a lot of time, such as bedrooms, playrooms, kitchens, and play-yards. It is especially important to test these areas if there is bare soil or if paint is peeling or chipping.
You should also test places where you plan to repaint or remodel. Test several di{erent spots. If you are testing paint, test each di{erent paint color. If you are testing soil, test di{erent bare soil areas.
Some good places to test for lead-based paint are:
Window frames and sills
Doors, door jambs, and thresholds
Trim and siding
Kitchen cabinets
Painted children's furniture
Baseboards
Some good places to test for lead-contaminated soil are:
Around the foundation of the house
hh i l d l
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7/10/23, 4:22 PM Testing Your Home for Lead
https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/home_test.aspx 3/5 Where children play
Unpaved pathways
Under windows or walls with peeling or chipping paint
Where pets play or rest
Areas near tra{ic
How do I test for lead?
There are two recommended ways to test your home for lead. Whenever you test for lead, it is important to find out how much lead is in the paint or soil you test.
Get a laboratory analysis: For $25 - $50, you can have a paint chip or soil sample tested by an accredited laboratory and get reliable results in 24 - 48 hours. Call the laboratory for details before you mail them your samples. Keep a sketch or list of the locations where you take samples.
Taking A Paint Sample : Tape a clean, plastic sandwich bag underneath some paint you want to test.
Use a clean, sharp chisel or scraper to scrape a tablespoon size amount of paint into the bag. Try to scrape o{ all the layers of paint, not just the top coats - lead is o|en in the bottom layer of paint. Try not to scrape o{ any of the wood or plaster that is under the paint. Seal the bag and label it. On the label, write where the sample was taken (example: Sample #1 - kitchen window sill). Wash your hands and the scraper with soap and water a|er each paint sample you take.
Taking A Soil Sample : Using a clean trowel or large spoon, scoop about half a cup of soil from the top inch of the bare soil you want to test. Try not to scoop up plant leaves, roots, or other large pieces of debris. If there are paint chips in the soil, it is OK to include them in the sample. Place the soil into a clean, plastic sandwich bag. Seal the bag and label it. On the label, write where the sample was taken (example: Sample # 2 - under children's swing set). Wash your hands and the spoon with soap and water a|er each soil sample you take.
Hire a Certified Inspector/Assessor: You can hire a State-certified Inspector/Assessor to inspect your home for lead. Obtain at least two or three bids for a cost estimate of the work. Ask the Inspector/Assessor to write you a risk assessment report that will tell you if the lead levels in your home represent a hazard and what options you have for dealing with it.
The certified Inspector/Assessor can test your paint with an XRF (x-ray fluorescence) machine, for immediate results. He or she can also send paint, dust, and soil samples to a laboratory for testing. Make sure the Inspector/Assessor gives you a sketch or a description of where the samples were taken.
For a list of State-certified Inspector/Assessors, go to the State-certified Inspector/Assessor page on this site.
How can I tell if I have lead above the hazard level in my paint or soil? The table below shows hazard levels of lead in paint, soil and dust, as determined by the California Department of Public Health (CDPH). The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing & Urban Development (HUD) may have di{erent hazard level definitions.
Lead in Paint Hazard Levels Lead in Bare Soil Hazard Levels Lead in Dust Hazard Levels Lab test results of 5,000 ppm
(parts per million) or more, or
0.5% or more (by weight)
XRF test results of 1.0
milligrams of lead per square
centimeter (1.0 mg/cm ) or
more
Lab test results of 400 ppm or
more in bare soil in areas
where children play
Lab test results of 1,000 ppm
or more in all other areas
Dust from interior floors with
40 micrograms of lead per
square foot (40 mcg/| ) or
more
Dust from interior horizontal
surfaces with 250 micrograms
of lead per square foot (250
mcg/| ) or more
2 2
2 1506
7/10/23, 4:22 PM Testing Your Home for Lead
https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/CLPPB/Pages/home_test.aspx 4/5 cg/| ) o o e
Dust from exterior floors and
exterior horizontal window
surfaces with 400 micrograms
of lead per square foot (400
mcg/| ) or more
Important: No matter what your test results are, the condition of your house's paint and soil is important. If the soil is covered by grass, bushes or permanent ground coverings, even high levels of lead in the soil may not be hazardous to children. If you are not planning to remodel and the paint is in good condition - not chipping or peeling - it may not be a lead hazard, even if it contains high levels of lead. If the paint is peeling or chipping, if it is on doors and windows where normal wear and tear causes chipping, or if you plan to remodel the area, you should take steps to prevent the lead from poisoning your children.
Warning: Lead test results are only as good as your testing procedures. The results will not tell you about the lead content of painted surfaces or soil that you did not test. Hire a State-certified Inspector/Assessor to make sure you get accurate testing results.
Can I just use a lead test kit from a paint store?
Kits for testing paint and ceramics are available at most paint and hardware stores for $8 - 10. They have chemicals that change color when rubbed against a surface that contains lead.
These kits can only tell you if there is lead in the paint you tested.
They will not tell you how much lead is in the paint or if it is a hazard.
You can not use them to test for lead in soil.
If you decide to use a lead test kit to test your paint, follow the directions on the package very carefully. Be sure to test the bottom layers of paint. To do this, use a sharp knife to cut a slanted notch through all the paint layers on the spot you want to test. Test all the layers of paint in the notch. Look for the color change indicated by the test kit.
If your house was built before 1978 and your lead test kit comes out negative (does not change color), you should have an accredited lab test the paint to make sure the lead test kit worked properly. Paint on structures built prior to 1978 is legally presumed to be lead-based, unless a state-certified Inspector/Assessor has quantitative testing to show otherwise.
What should I do next?
If the lead in your paint or soil exceeds the hazard levels listed above, you should:
Contact your family doctor or your local health department and get blood lead tests for your children who are 6 years of age or under. Discuss whether other family members should be tested.
Find out about everyday things you can do to prevent lead poisoning.
Consider hiring a State-certified lead Inspector/Assessor to inspect your home for lead.
Hire a State-certified lead contractor to reduce the lead hazards in your home and yard.
If you plan to repaint or remodel your home, hire a State-certified lead contractor. If you plan to do the work yourself, get the EPA's free how-to booklet, Reducing Lead Hazards When Remodeling Your Home (PDF) and contact your local health department to find out about lead-safe work practices to prevent poisoning yourself or your children.
If you are concerned about unsafe lead work creating a hazard, contact your local building department (PDF) or local health department lead program.
2 1507
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1508
THE FOLLOWING 5
PAGES ARE RELATED TO
ITEM 11.A.
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From: Wendy Zimmerman <[email protected]>
Sent: Tuesday, July 11, 2023 4:29 PM
To: City Clerk's Office <[email protected]>
Subject: Comments on 11A General Plan Update for 7/11/23 Council Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please see attached letter for my written comments for the meeting tonight on the subject of the General Plan Update.
Thank you.
Wendy Zimmerman
1510
Comments for July 11, 2023 Thousand Oaks City Council Meeting Agenda Item 11A Draft General Plan
From Wendy Zimmerman, Newbury Park
I’ve been following the development of the Thousand Oaks General Plan for a long time now, reading, commenting, speaking out and attending meetings both on zoom and in person. Most recently I attended the workshop on June 29 at Los Robles where I talked with several staff members regarding various issues. They listened. We had interesting conversations. But the loudest message that was broadcast to all there was go to the general plan website and register your comments on each and every topic individually.
That is not user friendly, and is in fact, a laborious process for those of use who have many things to say.
Tonight I’m going to concentrate on potential development of the Borchard property which is very close to my home and threatens not only the sanctity and quality of life in our long-established (1960s and 1970s) quiet single family residential neighborhoods, but our safety and the environment. For some discriminatory, and to my mind insidious set of reasons, City of Thousand Oaks planners and consultants have consistently sent the residents in our western corner of Newbury Park close to the 101 Freeway the message that we do not deserve the same protections promised to other areas of City. City has done this under the guise of erroneously calling us Rancho Conejo. The Post Office, the maps, and the residents, all say we are Newbury Park. And this area was built first. Communities up the hill followed. City’s consultants and staff are trying to dump overdevelopment on us by asking other city areas if it is OK with them if they screw us over instead of them. Of course those people said yes. We aren’t so stupid as to fall for this ploy which we have fought from the beginning survey and will continue to fight.
You should also note, that neither I nor many of my neighbors are opposing some higher density, multi-family housing in locations where it makes sense.
Where streets like Hillcrest, for example, can get people to and from their homes and businesses safely because it is wide enough and has the capacity to handle additional vehicles and other traffic. My neighborhood streets cannot do that.
Now City thinks it would be good, and it should be allowed, to run hundreds and likely thousands of car trips over our COUNTY owned, small, narrow, slow speed, old, 25 MPH, residential streets on their way to and from thousands of four story densely filled residences and businesses on the Borchard. No, no and hell no. It is a bad idea. It is an unsafe idea. There is barely room enough for the cars of residents who live in Casa Conejo and 1511
Zimmerman Comments for 7/11/23 Page 2
Fox Meadows now who can ONLY reach their homes from either Bella or Alice drives off of Wendy Drive. None of the streets in this area meet state requirements for the proposed loads required by multi-story housing and mixed use. This potential burden would make an already difficult task for the current residents, who now often wait several minutes to get onto Wendy Dr., to even get out of their driveways and to Bella or Alice. They don’t call the center turn lane on Wendy Dr. so those residents can get into their driveways, or onto Wendy from feeder streets on both sides of Wendy Dr., a “suicide lane” for nothing. Snoozing for even a second already means loosing a scarce opportunity to go where we need to go. Imagine how much worse it could be if this thinking applied to driveways that children and adults frequently cross while walking to school, walking pets, and walking for exercise and to go to local shops, parks and the Newbury Park Library.
Makes me shudder. Makes me very much afraid. Especially if places that sell alcohol and generate drunk drivers are added. Opening up our neighborhood streets to serve a big development is WRONG in more ways than I can even list here and now. You must NOT allow it. We have said would could manage a few more homes that are similar to those in the neighborhood, only one and two stories, but dwellings for thousands that loom over us at four stories, no way. You wouldn’t want it in your backyards, so don’t try to put it in our front and back yards either.
The Borchard property serves as part of our flood control system. It was purchased knowing that there were flood control restrictions. It is the only place left at the bottom of the hill for some of the overflow to go. Our local streets get very high water as it is now. I’ve walked them in the rain and seen the waters run up to the car doors and pour over my knee high boots.
I’m not short. There are plenty of times when the better decision is to keep the car at home until waters subside sometimes hours later. The system isn’t perfect, but it works better than if the water was sent directly into the arroyo and running off of streets and sidewalks into the surrounding area. We already have homeowners who MUST pay higher, flood insurance premiums, and have for many years, in our area now. Do you want to make more of us pay these additional costs and put more of us in danger? I certainly hope not.
Even though the “seasonal wetlands” designation has recently been removed, I’ve seen the ponding on the property emerge from the first rains of the season, remain past their ending, and the waterfowl and other flora and fauna flourish. This happens even years with much lower rain totals than this last rainy season. The ponds start to emerge and nature thrives. The cycle repeats, year after year, and I for one who knows I’m not alone in this rejoicing, appreciate the natural resilience despite the intentional destruction 1512
Zimmerman Comments for 7/11/23 Page 3
and denuding of it by the owner who repeatedly scrapes it beyond what is required for fire protection.
The pollution, both noise and trash that would be imposed on us, are unacceptable. People who park along Bella for the apartment building at the corner of Wendy (it is only 2 stories and 24 units) already treat the parkways like dumpsters throwing their trash, including food wrappers, empty liquor bottles and cans, thrashed furniture and worse out along the street. It is disgusting, unsanitary, and disrespectful. We certainly don’t want more of it. Nor do we want more blaring radios, yelling people, vehicle noise, exhaust, rattling windows, loud music and other intrusions.
The wildlife in the arroyo would be hard pressed to survive. I can tell you quite a lot about the turtles, tadpoles, frogs, crayfish, several kinds of fish, ducks, egrets, herons and dragonflies. I stop to watch them quite often from the bridge on Wendy Drive between Gerald and Michael. I root for them to flourish and they entertain and relax me. A form of natural therapy. I’m saddened by the dumping of garbage that goes on. We need to do better by these aquatic neighbors. They are part of environmental balance.
The desire of a property owner to make money does NOT trump the safety and well being of the public. When you come to the table late in the meal, you cannot expect to get the prime cut. You have more limited choices. This does not mean that something beneficial for all of us could not be found that would help make the Borchard property pay for itself and provide a benefit to the community in a more natural and recreational way. We have mass quantities of mixed use coming, it does not belong on Borchard where it would block the view and the airflow. Brick and mortar is becoming a thing of the past, we already have plenty of vacancies. We have better locations for some of the other ideas that have been bandied about as well.
I’m attaching some photos to illustrate my points. Trying to keep them small to save space.
Please take my comments to heart, I’m giving them to you from mine, and not for financial gain, but for the quality of our lives and our safety.
A very concerned neighbor,
Wendy Zimmerman
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Zimmerman Comments for 7/11/23 Page 4
1514
Name City Item # In favor/ Opposed Comment
Diane Birchman, J.D. Thousand Oaks 10A N/A I am urging you as our elected officials to vote for Map 113. You are obligated to adhere to the spirit and the intent of the Voting Rights Act. On Jun 8, 2023, the Supreme Court upheld Section 2 of the Voting Rights Act. The justices issued a major voting rights decision, ruling that Alabama’s new congressional map likely violates the Voting Rights Act. You must approve the map which allows for the fairest representation of communities of interest. To do otherwise, is to appear to be safeguarding votes, even the appearance of impropriety must be avoided.
Megan Thousand Oaks 10A In favor Dear Councilmen,
I am urging you to vote in favor of Map #113. This map is equally divided into 5 districts with almost zero deviation within the districts. Map #113 ensures that Renters, the low-income residents, Latinos/Spanish speakers, the disabled, people of color, and those that live in multi-family homes are concentrated to give them a critical voice within the city government. These districts have different needs and concerns. This map creates a vacant spot on the city council. This newly elected councilperson will require interaction with this under represented populaƟon. This will bring about new and diverse set of ideas and suggesƟons while reflecting their own personal lived experiences.
I have lived in Thousand Oaks for nearly 75% of my life. I love this city. My heart belongs to this city. I want to see this city thrive. My newly drawn district will be number 4. My districts needs and concerns are completely different than those living in district 5.
I believe that in the best interest of the city, Map #113 gives a new voice to those who were previously under represented and divides the city equally. It is imperative that we as a city include everyone. Please do not vote in the best interest of yourself and your incumbency but vote for what is important for the future of the city. You were not elected to preserve your seat on the City Council but rather for the best interest of our city. We are better together.
Thank you for my time.
TO COUNCIL: 07/11/2023
MEETING DATE: 07/11/2023
1515
Name City Item # In favor/ Opposed Comment
Lisa Powell Thousand Oaks 10A N/A The Council has an important decision to make and it's critical to get this one right. Our community has watched CVUSD and CRPD grapple with the transition to district elections in recent times - and now it's Council's turn.
In choosing a map, the city council is required to meet six mandatory tests laid out by federal and state voting rights laws (U.S. Voting Rights Act of 1965 and California Voting Rights Act of 2001). After reading through these criteria and looking at the map options being presented, it is clear which map is the correct map to choose. That is Map 113, a modified version of the original Map 104, as it best meets the requirements.
Creating by-district elections has at its core the goal of better representation in local government for underrepresented groups. Map 113 can help achieve this goal, particularly with how it has carved out District 5, with higher proportions of lower income families, apartment residents, renters, and people of color. Creating such a district gives these residents a stronger voice in our elections and ultimately in community decisions.
I'm aware that some may be concerned with incumbent protection. We also know that this can be considered in the choice/design of a particular map only after the mandatory requirements have been met.
Also, although some may try to put forth the idea that the central business district is a community of interest, commercial interests cannot be considered as communities of interests.
Our community has done quite a bit of work in recent years to do better on issues related to equity, access and inclusion, even creating a goal for the city in recent times. I urge you to keep this and the Voting Rights Act in mind - all pointing to the importance of fair representation and access - and vote for Map 113. Thank you.
Truly Yours,
Lisa Powell
Gail Casey Newbury Park 10A N/A I wish to express that I am strongly in favor of a district map that is keeps communities of interest together with the lowest population deviation, has divisions that fall on natural boundaries as much as possible and is as close as possible to the CVUSD districts. The updated map, #113, seems to best fill these requirements and I support it. Interestly, this was drawn by a private citizen and not the demographic company employed by the city. I am concerned about the use of NDC to develope maps, purportedly with proper demographics. On researching this company, I found many troubling incidents where they were found to show bias and outright racism. Several cities and states have pulled away from using them including Arizona, so my question is why did Thousand Oaks? How much money was paid for poorly drawn maps that obvioulsy have no comprehension of how this city is comprised. These questions need answereing. 1516
Name City Item # In favor/ Opposed Comment
Clara McNamara 11A Opposed Good evening council members. My name is Clara McNamara. I am an environmental scientist and I have lived in this area for some years now. I am here because I oppose the land use change of the Borchard property.
I understand the need for additional housing in our small community; however, I firmly believe that a development project on the Borchard lot be reconsidered.
This community cherishes the unique charm that comes with being so tight-knit. Erecting a large apartment complex would disrupt the harmony we have built over the years in various ways. The increased population density and the influx of new residents will lead to overcrowding, bring more traffic congestion, and could diminish the sense of community that sets us apart.
I implore you to consider the long-term implications of this decision. Once the apartment complex is built, there is no turning back. We must contemplate the strain it may place on our infrastructure, including schools, roads, and utilities. The potential burden on our already limited resources and services may be significant and could potentially outweigh the short-term benefits that are often associated with such projects.
As I am sure you are all aware, the Borchard lot was registered with the National Inventory of Wetlands for 20 years. That designation has become a debated issue, but despite this, we all know and have seen this lot fill with water during and beyond the rainy season. The Borchard property holds a significant amount of water that aids in the prevention of serious flooding. I know that there is an easement on this property to accommodate for up to and including 100-year storms. Building on this lot would pose many risks to the structure such as sinking, flooding, and mold growth, and can cause structural damage over time. I have seen many news stories in the last few years about apartments built on unsteady, water-logged areas causing their collapse and injuring the residents inside. If for no other reason, you reconsider this development plan, the safety and security of your community members should be at the forefront of your mind. For these reasons, I oppose the land use change of the Borchard property.
Thank you for your time and consideration.
1517