-----------------------------------------------------------------------------------------------------------------------------------------------------

Eugene A. Brodsky

Of Counsel

E-mail: gbrodsky
@banningmicklow.com

BANNING MICKLOW BULL & LOPEZ  LLP
ATTORNEYS AT LAW
One Market, Steuart Tower C Suite 1440
San Francisco, California 94105-1528
(415) 543-1111 or (415) 399-9191
Telecopier (415) 399-9192

January 16, 2006

SAN DIEGO
 C
SAN FRANCISCO
 C
 AMERICAN SAMOA
  C
LONDON

VIA FACSIMILE (415)

FOIA /Privacy Act Officer
San Francisco VAMC
Department of Veteran Affairs
4150 Clement Street
San Francisco, CA 94121

	Re:	FOIA REQUEST;  Project #662-05-3-6440-0062
		
Dear Sir /Madame:

	In accordance with the Freedom of Information Act, 5 U.S.C. § 552, the letter will serve as a request for the following materials and documents which relate to the Campus of the San Francisco Veterans’ Medical Center (“SFVMC”):

			REQUEST FOR INFORMATION

	1.	All Parking studies, and supplemental reports,  prepared by CHS Consulting Group (“CHS”) and VACO (medical media staff?),  referred to in the Facility Master Plan (April 2005) at Page 2.1;

	2.	All correspondence between SFVAMC staff and CHS and VACO which relate to questions concerning the consultant’s findings and conclusions set forth in the reports, together with requests for revisions, additional consultation or investigation;

	3.	All final environmental documents prepared by the SFVAMC for all  Campus projects for the period January 1, 2004 to present;

	4.	All revisions made to the Facility Master Plan subsequent to April 1, 2005;

	5.	All correspondence between SFVAMC staff and SMITHGROUP, Architect and Planners, concerning the consultant’s findings and conclusions, together with requests for further work;

	6.	Final and draft Institutional Master Plan prepared at the request of SFVAMC;

	7.	Memorandum of understanding, or other form of written agreement, between NCIRE and SFVAMC (or the Department of Veteran Affairs),  for the relocation of the NCIRE research laboratories, presently located in Building 203 to the projected Lot 4/ Building-16 Replacement;

	8.	Memorandum of Understanding, between the SFVAMC and the San Francisco Fire Department, presently in force, for the providing of fire or emergency services for the SFVAMC;

	9.	LARC/CAR Full Committee Application to Use Vertebrate Animals in Research or Instruction, prepared by the principal investigators for the research laboratories referred to in paragraph 7, supra, including, but not limited to,  project title, scientific merit review, hazardous agent information, location of animal use, personnel, and objectives of proposed research;

	10.	SFVAMC Green Environmental Management Systems (GEMS) Annual Report for the year 2005 and Corrective Action Plans from January 1, 2005, until present ( Executive Order 13158) (GEMS Memorandum No. 00-10);	

	11.	All employee and Principal Investigator reports concerning malfunctions and incidents relating to laboratory equipment and systems of the laboratories referred to in paragraph 7 supra, including, but not limited to
			A. general and specialized laboratory hoods;
			B.  biologic safety cabinets, 
			C.  laboratory air compression intakes
			D. laboratory exhaust discharge equipment;
			E.  HVAC equipment.

12.    All written material which sets forth the proposed location and siting,  both interior and exterior,  of proposed building-16 replacement, which includes all flammable materials used or to be used in laboratory studies referred to in  paragraph 7, supra.
	
	13.	Experimental protocols, or similar documents, describing methods 
used in the handling, containment and decontamination of all laboratory agents, together with biosafety procedures, in each of the laboratories referred to in paragraph 7, supra.
		
	14.	Material Safety Data Sheets (MSDS) for all hazardous agents used in the laboratories studies referred to in paragraph 7, supra. 

15.     All documents relating to the identification and use of ionizing radiation, infectious biological agents, and recombinant DNA technology;

16.	Schedules or calendars, whether electronic, typed, printed or written for the year 2005, for each of the principal investigators referred to in paragraph 7, supra, which hourly schedules or calendars set forth the following activities:
				A. 	Teaching, clinical, committee or administrative responsibility at UCSF Medical Center;
				B.	Teaching, clinical, committee or administrative responsibility at San Francisco General Hospital;
				C.	Teaching, clinical, committee or administrative responsibility at SFVAMC;
				D.	Teaching, clinical, committee or administrative responsibility at any other facility;

E. 	 Hours that the principal investigator was present at the SFVAMC campus laboratory referred to in   paragraph 7, supra;
F.        Hours that the principal investigator was present             at a laboratory outside of SFVAMC;
G.       Periods that the principal investigator was  attending medical conferences, seminars, or other events;
				H.	Days that the principal investigator was on                                                      vacation or leave of absence.

		17.	In the “Alternative Considered” section of SFVAMC’s Environmental Assessment dated August 7, 2005, the following statement, in relevant part,  was made: “To specifically address the Research space options [with] the Building 202 project [seismic retrofit], Research and Planning staff has explored numerous relocation possibilities even though...the research programs have clinical components that are closely tied to the research and housing these off site is not a viable alternative. The option[s] included Mt.Zion, CPMC, San Francisco General’s Gladstone Institute, obtaining a new site in Sausalito,  the leased homeless outreach site at 3rd & Mission, the new CBOC in San Bruno, and new off site leases....” 

The following documents relating to the “relocation possibilities” (which include correspondence, emails, internal memorandum and facsimile), are requested:		

			A.	Inquiries and negotiations with Mt. Zion campus of UCSF; CPMC; “new site in Sausalito; homeless outreach of 3rd and Mission in San Francisco; and CBOC [Community Based Outpatient Clinic].
			B.	Negotiations with SF General (or the responsible agency of the City and County of San Francisco) with respect to a.) required number of square feet; b.) estimated cost of buildout, including all necessary laboratory equipment; proposed term and monthly rental cost of laboratory space; proposed lease and d.) cost of utilities.
C.    	Current estimates for Project Building-16 Replacement     including infrastructure, foundation, modular building, removal of trees and stabilization of hillside; all past and current structural engineering or geotechnical reports concerning hillsides; lighting, exterior liquids and gasses; internal equipment and systems; cost of utilities, security, and all other non-employee costs.

			D.	All Communications with commercial real estate brokers, other hospitals or similar facilities and owners of appropriate space for alternative available laboratory off-campus space;
			
			REQUEST FOR FEE WAIVER

	This Freedom of Information Request is being brought on behalf of the following non-profit organizations: Planning Association for the Richmond (“PAR”) and People for a Golden Gate Recreation Area .The purpose of this request is to obtain required information to determine the adequacy and accuracy of a Environmental Assessment prepared by the SFVAMC without community input in August 2005.  Such information will determine whether the proposed project will result in significant and cumulative impacts..

	The non-profit organizations have been involved in monitoring the SFVAMC campus, and conferring with its Directors and staff for 10-15 years. Regular meeting have taken place of the past 2-3 years at the offices of Congresswoman Nancy Pelosi. The staff of the Congresswoman has attempted to mediate between the community and the SFVAMC.  The parties remain far apart with respect to the proposed project.  

	The information sought is critical with respect to the issues of substantial impact and cumulative impact, and additionally whether the SFVAMC, in good faith,  considered reasonable alternatives.  Certainly this FOIA request seeks information of informative value, contributes to the knowledge of the Richmond District community, and provides public understanding of the issues concerning the federal project.  The request clearly contributes significantly to public understanding of the operations or activities of the government and is not for any commercial interest within the meaning of 5 U.S.C. §552(a)(4)(A)(iii). Furthermore, the information provided by the FOIA request will be circulated throughout the Richmond community by the monthly newspaper, “Richmond Review;” general and special  meetings of the Planning Association of the Richmond; Coalition to Save Ocean Beach;  Friends of Sutro Park; the Richmond Democratic Club; and the Board of Supervisors of the City and County of San Francisco, including the Honorable, Jake McGoldrick, District 1 Supervisor.  Under these circumstances, a waiver of  fees is strongly supported by the evidence.   See Campbell v. U.S. Department of Justice, 334 U.S. App. D.C. (1998); Elizabeth Eudey v. C.I.A, 478 F. Supp. 1175 (D.C.D. 1979); and Project on Military Procurement v. Department of Navy, 710 F. Supp. 362 (D.C.D. 1979).									
	We look forward to your response within 20 working days, as outlined in 5 U.S.C. § 552.

Sincerely yours,

    Eugene A. Brodsky

EAB:m