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GARRY L. MONTANARI, State Bar No. 89790
WESLEY S. WENIG, State Bar No. 162351 by Superior Court of California, County of San Mateo
JOHN H. MOON, State Bar No. 253811 ON 1/7/2022
MICHAELIS, MONTANARI & JOHNSON, P.C By. /s/ Priscilla Tovar
4333 Park Terrace Dr. #100 Deputy Clerk
Westlake Village, CA 91361
Telephone No (818) 865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO FLYING CLUB, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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BRYAN TRUJILLO and CINDY Case No.: 18CIV01901
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TRUJILLO. Honorable Nancy Fineman; Dept. 4
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Plaintiffs, REQUEST FOR JUDICIAL NOTICE
IN SUPPORT OF DEFENDANTS’
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VS. SUPPLEMENTAL BRIEF RE
ELECTION AND BURDEN OF PROOF
15 ISSUES
STEPHEN MAGEE, SAC AERO FLYING Date January 31, 2022
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CLUB, INC. and DOES 1 - 50. Time 2:00 p.m.
Dept.; 4
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Defendants. Complaint filed: April 17, 2018
Tria] Date: TBD
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19 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD
290 Pursuant to sections 452 and 453 of the California Evidence Code and California Rules of
21 Court, Rules 3.1113(1) and 3.1306(c), defendants STEPHEN MAGEE and SAC AERO FLYING
22 CLUB, INC. request that the Court take judicial notice of the following documents
23 1 The printout of attorney Tamara Gabel’s profile obtained from The State Bar of
24 California website;
25 2. Remedial Action Agreement for plaintiffs’ property, signed by defendants, published
26 on the GeoTracker website;
27 3 San Mateo County Health Groundwater Protection Program website homepage
28 printout:
-)-
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
PROOF ISSUES
4 Email published on GeoTracker showing plaintiffs’ receipt of the remedial action
agreement;
5 Pertinent portions of the closure memorandum issued by the County of San Mateo
(“County”) published on GeoTracker website;
6 Email published on GeoTracker showing plaintiffs’ election of destroying the
monitoring wells;
7. County letter published on GeoTracker requesting additional testing; and
8 Pertinent portions of the Orion Report published on GeoTracker showing no
detectable levels or levels under screening levels based on 2018 data.
10 The Court may take judicial notice of Exhibits | through 8. California Evidence Code
12 section 452 provides that the Court may take judicial notice of “[fJacts and propositions that are not
12 reasonably subject to dispute and are capable of immediate and accurate determination by resort to
13 sources of reasonably indisputable accuracy.” (Cal. Evid. Code §452(h).)
14 Plaintiffs concede they retained Tamara Gabel, an attorney, to facilitate the abatement of their
15 property. Exhibit 1 is Ms. Gabel’s profile on the State Bar website is located at the following web
16 address: https://apps.calbar.ca.gov/attorney/Licensee/Detail/136176, Judicial notice of an attorney
17 profile on State Bar website is appropriate. Inre White (2004) 121 Cal.App.4th 1453, 1469, fn. 14.)
ie This document is not reasonably subject to dispute and is capable of immediate and accurate
19 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code §452(h).)
20 Exhibits 2 through 8 are subject to judicial notice since they provide information published
21 on official websites. (Placerville Historic Preservation League v. Judicial Council of California
22 (2017) 16 Cal.App.Sth 187, 191, fn. 1 Gudicial notice of information published on official website
23 is appropriate).) These documents are not reasonably subject to dispute and are capable of
24 immediate and accurate determination by resort to sources of reasonably indisputable accuracy, (Cal.
25 Evid. Code §452(h).)
26 - Exhibit 2 is the remedial action agreement entered into between defendants and County,
27 which is a public record published on the GeoTracker website, located at
28 https://documents.geotracker, waterboards.ca.gov/regulators/deliverable_documents/2610111832/
2
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS?’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
PROOF ISSUES
20170222_signed%20RAA.
pdf;
- Exhibit 3 is the San Mateo County Health Groundwater Protection Program website
homepage showing cooperation with other regulatory agencies, such as the Water Quality Control
Boards, located at https://www.smchealth.org/gpp;
- Exhibit 4 is an email, published on the GeoTracker website, showing plaintiffs’ receipt of
the remedial action agreement signed by defendants, located at
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/4937195301/
20170224 Property%200wner%20A ttorney%20email%20re%202nd%20opening’20site%20m
ecting%20and%20signed%20RAA pdf;
10 - Exhibit 5 is pertinent portions of the closure memorandum issued by the County showing
ql analyzed data and the County’s conclusion of site closure based on the determination that a
12 significant contamination release did not occur, located at
13 https://documents.geotracker. waterboards.ca.gov/regulators/deliverable_documents/3913404166/
14 20190327. CLOSURE%20MEMO_RO0002261 pdf;
15 - Exhibit 6 is an email published on the GeoTracker website showing plaintiffs’ election of
16 destroying the monitoring wells on their property and allowing defendants to do so, located at
17 https;//documents.geotracker. waterboards.ca.gov/regulators/deliverable_documents/6829862296/
18 20200710_Email%20RP_RO2261 pdf.
19 - Exhibit 7 is the County letter published on GeoTracker requesting additional testing, located
20 at https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/
21 4088581919/20180327_SEL_RO0002261 pdf.
22 - Exhibit 8 is pertinent portions of the Orion Report published on GeoTracker showing no
23 detectable levels or levels under screening levels, located at
24 https://documents.geotracker. waterboards.ca.gov/esi/uploads/geo_report/7892129719/T 1000000
25 9968.PDF.
26 These exhibits are highly relevant to defendants’ claim of plaintiff's’ pretrial election since
27 they establish plaintiffs’ knowledgeable and unequivocal election. They also show plaintiffs
28 obtaining an advantage over defendants since defendants agreed, at plaintiffs’ request, to be
3.
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
PROOF ISSUES
designated the “responsible party,” which entailed defendants paying costs related to the abatement.
These documents also serve as evidence that the nuisance was continuing and that the abatement of
plaintiffs’ property was completed,
Accordingly, the Court is requested to take judicial notice of these exhibits,
DATED: January 7, 2022 MICHAELIS, MONTANARI & JOHNSON
By:
GARR ONTANARI
9 Attorneys for Defendants,
STEPHEN MAGEE and SAC AERO
10 FLYING CLUB, INC.
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12 NAI7517\pld\p-supp. brief.election.rjn.wpd
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-4.
REQ, FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
PROOF ISSUES
EXHIBIT 1
12/16/21, 4:17 PM Tamara Jan Gabel # 136176 - Attorney Licensee Search
The State Bar of California
‘Tamata
Jan Gabel #136176
License Status: Active
Address: Law Offices of Tamara Gabel, 99 Almaden Blvd, Ste 600, San Jose, CA 95113-1605
Phone: 408-279-8636 | Fax: 408-484-6386
Email: tamara@elmconsulting.com | Website: Not Available
More about This Attorney
CLA Sections:
Real Property Law
CLA Member
The California Lawyers Association (CLA) is an independent organization and is not part of the State Bar of California
Self-Reported Practice Areas:
Note: The State Bar does not verify the accuracy of this content and makes no warranties regarding experience or competence
in practice areas. The State Bar encourages those seeking legal help to search Certified Specialists, use Certified Lawyer
Referral Services, search through LawHelpCA.org, and use the State Bar's online public information to complement this
information.
+ Environmental Law
Additional Languages Spoken:
« By the attorney: None reported
° By staff: None reported
Law School: McGeorge SOL Univ of the Pacific; CA
All changes of license status due to nondisciplinary administrative matters and disciplinary actions.
Date License Status @ Discipline@ Administrative Action @
Present Active
11/3/1993 Active
7/26/1989 Inactive
12/7/1988 Admitted to the State Bar of California
Additional Information:
* About the disciplinary system
Copyright © 2021 The State Bar of California
https://apps.calbar.ca.gow/attorney/Licensee/Detail/136176 12
12/16/21, 4:17 PM Tamara Jan Gabel # 136176 - Attorney Licensee Search
000
hitps:apps.calbar.ca. gowattorney/Licensee/Netall/136176 2i2
EXHIBIT 2
COUNTY or SAN MATEO Pett
eve
HEALTH OTS TEM
Environment
chealth.ore
ebook.comisinchealth
February 10, 2017 CERTIFIED MAIL
GPP Site 019048
‘Sac
Flying
Aero Club, Ine, APN 037-226-100
c/o: Donald S. Honigman (dsh@rarmlaw.com)
315 Montgomery Street, Suite 800
San Francisco, CA 94014
Dear Sac Aero Flying Club Inc.:
SUBJECT: VOLUNTARY OVERSIGHT OF REMEDIAL ACTION
INVESTIGATION, TRUJILLO RESIDENCE,
1065 PARK WAY, MOSS BEACH, CA
Based on the December 11, 2016 IRC Environmental Consulting LLC Near Surface Shallow Soil
Sampling report for the subject site, there are allegations that a discharge of waste', has occurred
at the subject site, which requires further characterization and potential remediation as a
significant potential threat to human health or the environment.
San Mateo County Environmental Health (Environmental Health) has assumed the role as the
regulatory oversight agency for characterization and potential remediation of the released waste
as allowed by Section 101480 of the California Health and Safety Code. Sac Aero Flying Club,
Inc. is choosing to meet the legal definition of Responsible Party” for this alleged release of waste
at this time in order to proceed with oversight by and compensation for oversight by
Environmental Health . By entering this agreement, the responsible party is not admitting to any
liability associated with this alleged release of waste. By entering into this Remedial Action
Agreement, Sac Aero Flying Club, Inc. agrees to the following conditions:
e All subsequent directives and written agreements from Environmental Health regarding
testing, monitoring, and analysis to determine the nature, extent, and risk of
contamination, potential remedial action to be taken, and cleanup goals (including
deadlines for required submittals), collectively referred to as Corrective Action, will be
considered a part of this Remedial Action Agreement.
* All Corrective Action activities will follow San Mateo County Groundwater Protection
4 OF Sday
ex
| Waste as defined in Health and Safety Code Section 101075, and Water Code Section 13050.
2 Responsible Party as defined in Sections 25260(h) (2) of the Health and Safety Code.
aA
Aizon®
Sac Aero Flying Club, Inc.
Date
Page 2
Regardless of the level of oversight from Environmental Health, the Responsible Party is
responsible for the timely reporting, investigation, and any mutually agreed cleanup of
soil and ground water pollution such that the beneficial uses of waters of the State are
protected, and in compliance with appropriate laws, regulations and policies, Compliance
will also take into account any new laws or regulations that may be applicable during the
term of this agreement.
If, at any time, the Responsible Party is not in compliance with directives from
Environmental Health that constitute a portion of this Remedial Action Agreement,
Environmental Health can, with adequate notice, withdraw from the agreement. The
Responsible Party can , with adequate notice, withdraw from the agreement at any time.
If the agreement is terminated prior to adequate completion of the Remedial Action
Agreement directives, the case will, at the discretion of San Mateo County, either be
transferred to the Corrective Action Unified Program Agency program or referred to the
Department of Toxic Substance Control (DTSC) or Regional Water Quality Control
Board (RWQCB) for issuance of a State Corrective Action Order, Cleanup and
Abatement Order, or other order or enforceable agreement, as appropriate, for further
remedial action directives,
If, upon further characterization, Environmental Health determines that the alleged
release of waste that is the subject of this Remedial Action Agreement is sufficiently
complex, may present such a significant potential hazard to human health or the
environment to warrant it, or may not be in the best interest of the County to continue as
lead agency, the case may be referred to DTSC or RWQCB for further action.
Pursuant to Section 25262 of the Health and Safety Code, a Responsible Party may
request the designation of an administering or lead agency other than Environmental
Health when required to conduct corrective action. Please contact Environmental Health
for further information about the State Site Designation Committee process.
This case is subject to California regulations for electronic submittal of information for
all soil and groundwater cleanup cases in California (Title 23, Division 3, Chapter 30,
Articles 1 and 2; Title 27, Division 3, Subdivisions 1 and 2), In order to be considered
complete, all required submittals must be uploaded to the State of California Geotracker
database in compliance with State Water Resources Control Board (Geotracker)
requirements by specified submittal due dates, No hard copy submittal to Environmental
Health is required.
After determining that the Responsible Party has completed the actions required by the
Remedial Action Agreement, Environmental Health will provide the Responsible Party
with a letter that certifies that the cleanup goals embodied in the Remedial Action
Agreement have been accomplished and no further action is required,
Sac Aero Flying Club, Inc.
Date
Page 3
e Asallowed by Section 101490 of the Health and Safety Code, Environmental Health will
Please sign and date below and return one copy of this Remedial Action Agreement in the
enclosed envelope within 45 days of the date of this letter, In the event that you decide that you
prefer an agency other than Environmental Health as lead agency, please submit your intention in
writing within 45. days of the date of this letter. Should you have any questions, Charles Ice is the
Groundwater Protection Program staff assigned to this case. He can be reached at (650) 399-6911
or by email at cice@smegov.org.
Sincerely,
-AgatQox
Heather Forshe:
Director, Environmental Health
a
Ce
<
ig Club, Inc.
Sok 2.22./¢
By: Dick Tak as Secretary/Treasurer Date
EXHIBIT 3
12/20/21, 10:38 AM Ground W val n 0 Cour ath
GROUNDWATER PROTECTION PROGRA
aT
COVID-19 INFORMATION: ace
Requirements and resources for your industry
—s <=
oe
PROGRAM OVERVIEW:
The goal of the Groundwater Protection Program is to protect
underground water supplies and surface waters, such as the creeks, streams, ocean and the
Bay, from chemical pollution.
Information such as reports, workshop slides, and agendas on the San Mateo Plain Sub-Basin
groundwater assessment can be found at the Office of Sustainability’s Groundwater
website and select San Mateo Plain Sub-Basin.
Inspection i f pollution aust dt eaking underground t I i
IF mical or \ci€ uch as the
to make sure the cle =U
follow loc
Subsurface Drilling Permit Application
Geotechnical Drilling Permit Application
GUIDELINES, POLICIES, AND PROCEDURES FOR SUBSURFACE ENVIRONMENTAL AND
GEOTECHNICAL DRILLING
Groundwater Protection Program fee schedule
Pay your invoice online
To view cleanup site information, you can go directly to an online information center
(Geotracker) by clicking this link, http://geotracker.waterboards.ca.gov/. If this site does not
provide the information you are seeking, you can request digital copies of our files. Call (650)
372-6200 or request a file review using our online form.
Corrective Action Guidelines, Policies, and Procedures
A few topic-specific guidelines have been developed to provide more up-to-date guidance for
responsible parties and consultants. You can view these guidelines by clicking on the
appropriate link. For other issues please refer to the guidance documents below and/or your
case manager at (650) 372-6200.
Well Destruction Policy
BS Conduit Study
itty 13
12/20/21, 10:38 AM Groundwater Protection Program - San Mateo County Health
ensitive Receptor Survey
& Environmental Health Soil Reuse Guidelines
Other Services
Inspection staff also issue permits for installing wells and soil borings for geotechnical or
environmental investigations. Staff can answer questions about contaminated sites or provide
information on regional underground water supplies.
If you are an environmental consultant and want to be on the Groundwater Protection
Program Consultant List, send a complete Statement of Qualification (SOQ) for review. Contact
Program staff at (650) 372-6200 for the SOQ criteria.
GPP LIST OF CONSULTANTS
The following companies either currently engage in environmental consulting or have
expressed interest in doing work in San Mateo County. All companies listed have submitted a
Statement of Qualifications to San Mateo County Environmental Health Services, on file for
review in the County Groundwater Protection Program.
GPP PROGRAM STAFF
CONTACT ENVIRONMENTAL HEALTH SERVICES
(650) 372-6200
ao
https:/www.smchealth.org/gpp 213
12/20/21, 10:38 AM Groundwater Protection Program - San Mateo County Health
DISCLAIMER
PRIVACY POLICY
© 2021 SAN MATEO COUNTY.
ALL RIGHTS RESERVED.
https:/www.smchealth.org/gpp 33
EXHIBIT 4
Charles Ice
From: Tamara Gabel
Sent: Friday, February 24, 2017 8:37 AM
To: Charles Ice
Subject: Re: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance
counsel and consutlant's
Good Morning Charles,
Thank you.
I called out who I understand will attend the meeting in case you had not spoken with Don
recently. Reviewing the emails you posted I see that you have been in communication with Don.
Best regards, and I look forward to seeing you this afternoon.
Tamara
Tamara Gabel, Attorney at Law
Law Offices of Tamara Gabel
Environmental Liability Management and Consulting
50 West San Fernando Street, Suite 1408
San Jose, California 95113
Telephone: 408.279.8636
Facsimile: 408.484.6386
Email: tamara@e! Imconsulting.com
sek sek tek: see
The information contained in this e-mail message is intended solely for the personal and confidential use of the
recipient(s) identified above. This message may be an attorney-client communication and/or attorney work
product, and as such is privileged and confidential. If the reader of this message is not the intended recipient, or
an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
this document in error, and that any review, dissemination, distribution, or copying of this message is strictly
prohibited. Ifyou have received this communication in error, please notify us immediately by e-mail and delete
the original message.
From: Charles Ice
Sent: Friday, February 24, 2017 7:43 AM
To:
Subject: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance counsel and consutlant's
Tamara,
The meeting is still on for today at 2 PM. | am not in control of who exactly will be attending either in person or by
phone.
Charles Ice, PG
Senior Management Analyst
Groundwater Protection Program Lead
San Mateo County Environmental Health
2000 Alameda De Las Pulgas, Suite 100
San Mateo CA 94403
(650) 399-6911
Fax (650) 627-8244
www.smechealth.org/gpp
oo
Groundwater Protection Program - San
Mateo Health System
www.smchealth.org
The goal of the Groundwater Protection Program is to
protect underground water supplies and surface waters, such
as the .
From: Tamara Gabel [mailto:tamara@elmconsulting.com]
Sent: Thursday, February 23, 2017 10:51 AM
To: Charles Ice
Subject: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance counsel and consutlant's
Good Morning Charles,
I am confirming the meeting in your offices (2000 Alameda de las Pulgas, Suite 100, San
Mateo) tomorrow at 2:00 p.m., with the pilot's counsel, Don Honigman, and consultant(s), Rick
Railsback who will attend by phone, and perhaps another consultant.
Have you received the executed VCA from the pilot's association? If so, will you forward a copy? I
am interested in the final terms and which entity agreed to cooperate with your offices on the
remediation.
Thank you,
Tamara
Tamara Gabel, Attorney at Law
Law Offices of Tamara Gabel
Environmental Liability Management and Consulting
50 West San Fernando Street, Suite 1408
San Jose, California 95113
Telephone: 408.279.8636
Facsimile: 408.484.6386
Email: tamara@elmconsulting. ft
eee Sob e: sek *
The information contained in this e-mail message is intended solely for the personal and confidential use of the
recipient(s) identified above. This message may be an attorney-client communication and/or attorney work
product, and as such is privileged and confidential. If the reader of this message is not the intended recipient, or
an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
this document in error, and that any review, dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete
the original message.
EXHIBIT 5
SO
ESECOSURMEMORANDEM
TO: File
FROM: Groundwater Protection Program Staff
DATE: March 27, 2019
SUBJECT: SMCo Case #019048 / RO # 2261
1065 PARK WAY
MOSS BEACH, CA 94038
APN 037-226-100
BACKGROUND HISTORY
The subject site a residence where a small aircraft came to rest after crashing on approach
to Half Moon Bay Airport on November 18, 2016 (Figure 1). The remaining aviation
gasoline onboard, and possibly motor oil, spilled onto unpaved driveway adjacent to the
house. The Sac Aero Flying Club, Inc. entered into a Remedial Action Agreement with
San Mateo County Environmental Health in February 2017.
SL eeTION ALE
Th LAR: lofi ite
raf ment
efvh s™
‘hi Based on the
Draft Final Guidance, the site qualifies losis for the followin, ig reasons.
1a) Pollutant sources are sdentined and evaluated.
n
1b) The site is adequately characterized.
Several phases of soil, soil gas, groundwater, and indoor air sampling have occurred
to assess the extent and concentrations of aviation gasoline, including near-surface
soil sampling in the area of the crash site (S-1 through S-13), approximately 25
confirmation soil sampling along the perimeter and base of a remedial excavation,
groundwater sampling (MW-1, MW-2, and SB-1 through SB-4), soil gas sampling
(SV-1 through SV-6), and indoor air sampling (IA-1 through IA-3). A summary of
initial soil sampling and excavation activities are provided in the December 11, 2016
Near Surface Shallow Soil Sampling \etter and the February 1, 2017 Soil Excavation
Report, respectively. Additional site characterization and indoor air sampling results
are provided in the Groundwater Sampling Report and Case Closure Request dated
June a zOLe and the Indoor Air Sean Rep ort dated February 8, 2019.
a
1c) Exposure pathways, receptors, and potential risks, threats, and other
environmental concerns are identified and assessed.
A Conceptual Site Model addressing these items has been developed.
2a) Pollutant sources are remediated to the extent feasible.
In December 2016 and January 2017, a remedial excavation was performed around
the crash site where the highest levels of aviation gasoline constituents were
observed, which measured approximately 280 square-feet to a depth of 4 feet below
grade (fbg). In addition, a smaller 13-square-foot area north of the residence was
excavated to a depth of approximately 2 fbg. A total of approximately 83 tons of soil
was removed.
2b) Unacceptable risks to human health, ecological health, and sensitive receptors,
considering current and future land and water uses, are mitigated.
Sensitive receptors proximal to fhe site were denied bya SULVEY dial
i i I
=
Ambient air (indoor and outdoor) has been sampled twice. The second set of samples
were collected under the most conservative conditions following a building pressure
differential study. Although benzene concentrations in indoor air slightly exceed the
Tier 1 ESL, BTEX ratio evaluation for soil gas, indoor air, and outdoor air indicates
that BTEX ratios and concentrations for indoor and outdoor air are similar; whereas,
the BTEX ratios for indoor air and soil gas are dissimilar. ni
tt indo i [01 oF air
2c) Unacceptable threats to groundwater and surface water resources, considering
existing and potential beneficial uses, are mitigated.
t 1 ut te 1m} nS a
eee
res
3a) m
uBR til
4 Ki The
remaining plume i exp ected to continue decreasing over ti imie following secondary
source removal efforts.
3b) Cleanup standards can be met within a reasonable timeframe,
Clean-up standards (Tier 1 ESLs) have been met for residential land use. Although a
very limited soil gas plume remains adjacent to the release location, concentrations
are approaching Tier 1 ESLs and decreasing over time. Although the indoor air
quality slightly exceeds the Tier 1 ESL for benzene; it appears to be sourced from
outdoor air conditions and not vapor intrusion. Site conditions associated with the
subject release do not represent an unacceptable risk based for residential land use.
3c) Risk management measures are appropriate, documented, and do not require
future oversight.
RECOMMENDATIONS
Based on the investigation, and other information which is currently and actually known
to this agency, we have determined that all appropriate response actions have been
completed, all acceptable or remedial practice were implemented, and further
investigation, remedial/removal action, or monitoring is not required at the site with
regard to a release of hazardous waste or substance from the former facility operations
located at the ati
dt ll rt fii in San Mateo
County Groundwater Protection Program staff have determined that the water quality
objectives of the San Francisco Bay Regional Water Quality Control Board have been
satisfied.
wa ©
3[e4l14
Brian Gwinn, Haz-Mat Specialist III Date
rom [eflulle Report
Project No, 3350 December 10, 2016
Table'1
Summary of Soil Sample Analytical Results
Total Petroleum Hydrocarbons (TPHs) and Toluene
1065 Park Way, Moss Beach, California
Sample Sample Sample Results (mg/Kg)
Sample Collection Depth
ID Date (Feet) TPH-G' TPH-D? TPH-Mo® TPH-JF4 Toluene
$-1-0.5 12-06-2016 0.5 16,000 490 <5.0° 1,300 3,800
8-2-0.5 12-06-2016 ~0.5 4.3 <1.0 8.4 <1.0 <0,005
§-3-0.5 42-06-2016 ~0.5 350 9.5 5.9 26 20
$-4-0.5 42-06-2016 70.5 9.3 <1.0 <5.0 <1.0 0.0078
$-5-0.5 12-06-2016 ~0.5 70 1.5 <5.0 3.0 6.6
$-6-0.5 12-06-2016 ~0.5 190 2. <6.0 6.4 25
§-7-0.5 12-06-2016 ~0.5 17 <1,0 <5.0 <1.0 0.059
$-8-0.5 12-06-2016 70.5 5.6 3.1 <5.0 2.5 5.0
§-9-0.5 12-06-2016 ~0.5 44 <1.0 <5.0 <1.0 0.0064
2
$-10-0.5 12-06-2016 ~0.5 8.1 77 35 60 0.02
$-11-0.5 42-06-2016 ~0.5 47,000 16 <5.0 57 530
$-12-0.5 12-06-2016 ~0.5 11 19 12 16 0.058
$-13-0.5 42-06-2016 ~0.5 48 3.2 <5.0 3.9 0.0094
S-14-0.5 12-06-2016 ~0.5 3.0 <1.0 <5.0 <1.0 0.0067
8-15-0.5 12-06-2016 ~0.5 2.9 <1.0 <6.0 <1.0 0.032
$-16-0.5 12-06-2016 ~0.5 6.0 <1,0 6.8 <1.0 0.13
$-17-0.5 12-06-2016 ~0.5 <1.0 1.3 17 <1.0 0,005
w S-18-0.5 12-06-2016 70.6 1.0 <1.0 5.1 <1,0 <0.005
$-19-0.5 12-06-2016 ~0.5 <1.0 <1.0 <6.0 <1.0 <0,005
8-20-05 12-06-2016 ~0.5 <1.0 120 4,400 <50 <0.005
(\ L ESL -R® l 100 230 5,100 | 230° I 29 }
Numeric Notes:
Sample result at or above the ESL is bold. See lab report for specific analytical qualifiers and dilution factors
(glevated reporting Jimits are typically due to high dilution factors). Nol all resulls are shown here on this
table; two other VOCs (4-isopropy! toluene and chloroform) were variously detected in samples S-4, 8-7, S-
10 and S-12; typically at low trace concentrations just slightly above the reporting limits (see lab report).
Numeric Notes
4. TPH-G: Total Petroleum Hydrocarbons as Gasoline (gasoline range).
2 TPH- Total Petroleum Hydrocarbons as Diesel (diesel range).
. TPH-MO: Total Petroleum Hydrocarbons as Motor Oil (motor oil range}.
i TPH-JF; Total Petroleum Hydrocarbons as Jet Fuel (jet fuel oi! range).
5, <: less than the reporting limit followed by the reporting limit (not detected at or above the laboratory
reporting limit).
6, ESL-RI: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water
Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental Screening
Levels (ESLs), from the internet.
7. There Is no specific ESL for Jet Fuel. The Diesel ESL Is used here for comparison purposes only because
both diesel and jet fuel are in the medium carbon ranges.
Site: 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 1
Feous zluf i Report
3350 sania ssn noi Decem 016
Table 24. Ccantinved)
Summary of Soil Sample Analytical Results for Lead
1065 Park Way, Moss Beach, California
Sample Sample
Sample Sample Results for
Collection Depth
ID Lead (mg/Kg)
Date (Feet)
Ln
$-1-0.5 12-06-2016 ~0.5 57
$-2-0.5 12-06-2016 70.5 12
S-3-0.5 12-06-2016 ~0.5 14
$-4-0.5 12-06-2016 ~0.5 6.8
$-5-0.5 42-06-2016 ~0.5 7.8
te
& §-6-0.5 12-06-2016 ~0.5 6.6
$-7-0.5 12-06-2016 ~0.5 5.3
$-8-0.5 12-06-2016 70.5 6.4
$-9-0.5 12-06-2016 ~0.5 8.6
$-10-0,5 12-06-2016 ~0.5 4.8
S$-11-0.5 12-06-2016 ~0.5 18
S-12-0.5 12-06-2016 ~0.5 68
$-13-0,5 12-06-2016 ~0.5 42
$-14-0.5 12-06-2016 70.5 44
S-15-0.5 12-06-2016 ~05 8.9
we $-16-0.5 12-06-2016 ~0.5 8.9
$-17-0.5 12-06-2016 7~0.5 83
$-18-0.5 12-06-2016 ~0.5 11
$-19-0.5 12-06-2016 70.5 14
$-20-0.5 42-06-2016 ~0.5 12
ESL-R‘ 80
Background” 23.9
Background” 12.4 - 97.4
Background > 148
Background * 54
Numeric Notes:
4 ESL-R: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional
Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016, Environmental
Screening Levels (ESLs), from the Internet.
AVE (average) and Range of naturally occurring background soil concentrations. From Background
Concentrations of Trace and Major Efeme, in Californi Foundation cial
(Kearney Foundation of Soil Science, Division Of Agricultural And Natural Resources, University Of
California, March 1998).
gg" percentile background soll concentration. From jnorganic Chemicals in Ground Waler and Soil:
Background Concentrations at California Air Force Bases, (Air Force Center for Environmentat
Excellence, Brooks City-Base, Texas, Department of Toxic Substances Control, CalEPA,
Sacramento, and San Antonio, Texas, March 2005).
Maximum Value based on Background Metal Concentration in Soils in Northern Santa Clara County,
California, (Lockheed Missiles and Space Company, Inc., May 1995).
Site: 1065 Park Way, Moss Beach, CA Table 2, Page 1 of 1
Project No. 3352 January 21, 2017
wt
Table 2
Summary of Soil Sample Analytical Results - Excavation A
Total Petroleum Hydrocarbons (TPHs) as Gasoline and Diesel, Toluene
1065 Park Way, Moss Beach, California
Sample
Sample Sample Results (mg/Kg)
Sample Sample Sample Depth
Collection
ID No," Type (Feet)
Date TPH-G* TPH-D® Toluene
(Apprx.)
500 © 58
OP1-2.5 OP1 12-22-2016 BDP’ 25 1.97
DP2-2.5 DP2 12-22-2016 BDP 2.5 240 427 367
DP3-2.5 DP3 42-22-2016 BDP 2.5 280 46o 23.0
EX-A-SW-1-3 SW-1 12-28-2016 sw 47 <1.0 7At
EX-A-SW-2-3 SW-2 12-28-2016 SW. 4.5 <1.0 0.43
EX-A-SW-3-3 SW-3 12-28-2016 sw 12 <1.0 5.8
12-28-2016 =1.07% <1.07 <0.005 7
EX-A-SW-4-3 sw sw
SW-5 12-28-2016 SW. 4,300 7 237 420 7
EX-A-SW-5-3
EX-A-SW-1-3 Swe 12-29-2016 sw <1.0 <1.0 <0.005
EX-A-SW-2-3 SW-7 12-29-2016 Sw s1.0 <1.0 <0.005
EX-A-SW-3-3 SW-3 12-29-2016 sw <1.0 <1.0 <0.005
EX-A-SW-4-3 Ssw-3 12-29-2016 SW. <1.0 17 <0.005
EX-A-SW-1-3 SW-10 12-30-2016 Sw. <1.0 <1.0 <0.005
EX-A-SW-2-3 SW-11 12-30-2016 sw <1.0 <1.0 0.015
EX-A-SW-3-3
EX-A-SW-4-3
SW-12
Sw13
12-30-2016
12-30-2016
SW.
Sw.
<1.0
<1.0
<1.0
<1.0
<0,005
<0.005
z
ESL—R* 100 230 I 2.9 |
Soil Excavation Report, 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 3
ane
Project No. 3352_- ace! Jenuary 21, 2017
Table # (continued)
Sample Sample Results (mg/Kg)
Sample
Sample Sample Sample Depth
Collection
1D No.' Type (Feet)
Date TPH-G' TPH-D? Toluene
(Apprx,)
EX-A-B-1-5.0 BBase-1 42-22-2016 BBase” 5 <1.0 <1.0 0.025 TTS
EX-A-B-1-4 Base-1 12-28-2016 Base® 4 440% <1.0 25°
EX-A-B-2-4 Base-2 12-28-2016 Base <1.0 <1.0 <0.005
EX-A-B-3-4 Base-3 12-28-2016 Base <1.0 <1.0 <0.005
EX-A-B-4-4 Base-4 42-28-2016 Base 68 <1.0 13.
EX-A-B-5-4 Base-5 12-28-2016 Base <1.0 <1.0 0.28
EX-A-B-6-4 Base
Preview
Electronically GARRY L. MONTANARI, State Bar No. 89790 WESLEY S. WENIG, State Bar No. 162351 by Superior Court of California, County of San Mateo JOHN H. MOON, State Bar No. 253811 ON 1/7/2022 MICHAELIS, MONTANARI & JOHNSON, P.C By. /s/ Priscilla Tovar 4333 Park Terrace Dr. #100 Deputy Clerk Westlake Village, CA 91361 Telephone No (818) 865-0444 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO FLYING CLUB, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 BRYAN TRUJILLO and CINDY Case No.: 18CIV01901 12 TRUJILLO. Honorable Nancy Fineman; Dept. 4 13 Plaintiffs, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ 14 VS. SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF PROOF 15 ISSUES STEPHEN MAGEE, SAC AERO FLYING Date January 31, 2022 16 CLUB, INC. and DOES 1 - 50. Time 2:00 p.m. Dept.; 4 17 Defendants. Complaint filed: April 17, 2018 Tria] Date: TBD 18 19 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD 290 Pursuant to sections 452 and 453 of the California Evidence Code and California Rules of 21 Court, Rules 3.1113(1) and 3.1306(c), defendants STEPHEN MAGEE and SAC AERO FLYING 22 CLUB, INC. request that the Court take judicial notice of the following documents 23 1 The printout of attorney Tamara Gabel’s profile obtained from The State Bar of 24 California website; 25 2. Remedial Action Agreement for plaintiffs’ property, signed by defendants, published 26 on the GeoTracker website; 27 3 San Mateo County Health Groundwater Protection Program website homepage 28 printout: -)- REQ. FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF PROOF ISSUES 4 Email published on GeoTracker showing plaintiffs’ receipt of the remedial action agreement; 5 Pertinent portions of the closure memorandum issued by the County of San Mateo (“County”) published on GeoTracker website; 6 Email published on GeoTracker showing plaintiffs’ election of destroying the monitoring wells; 7. County letter published on GeoTracker requesting additional testing; and 8 Pertinent portions of the Orion Report published on GeoTracker showing no detectable levels or levels under screening levels based on 2018 data. 10 The Court may take judicial notice of Exhibits | through 8. California Evidence Code 12 section 452 provides that the Court may take judicial notice of “[fJacts and propositions that are not 12 reasonably subject to dispute and are capable of immediate and accurate determination by resort to 13 sources of reasonably indisputable accuracy.” (Cal. Evid. Code §452(h).) 14 Plaintiffs concede they retained Tamara Gabel, an attorney, to facilitate the abatement of their 15 property. Exhibit 1 is Ms. Gabel’s profile on the State Bar website is located at the following web 16 address: https://apps.calbar.ca.gov/attorney/Licensee/Detail/136176, Judicial notice of an attorney 17 profile on State Bar website is appropriate. Inre White (2004) 121 Cal.App.4th 1453, 1469, fn. 14.) ie This document is not reasonably subject to dispute and is capable of immediate and accurate 19 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code §452(h).) 20 Exhibits 2 through 8 are subject to judicial notice since they provide information published 21 on official websites. (Placerville Historic Preservation League v. Judicial Council of California 22 (2017) 16 Cal.App.Sth 187, 191, fn. 1 Gudicial notice of information published on official website 23 is appropriate).) These documents are not reasonably subject to dispute and are capable of 24 immediate and accurate determination by resort to sources of reasonably indisputable accuracy, (Cal. 25 Evid. Code §452(h).) 26 - Exhibit 2 is the remedial action agreement entered into between defendants and County, 27 which is a public record published on the GeoTracker website, located at 28 https://documents.geotracker, waterboards.ca.gov/regulators/deliverable_documents/2610111832/ 2 REQ. FOR JUDICIAL NOTICE OF DEFENDANTS?’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF PROOF ISSUES 20170222_signed%20RAA. pdf; - Exhibit 3 is the San Mateo County Health Groundwater Protection Program website homepage showing cooperation with other regulatory agencies, such as the Water Quality Control Boards, located at https://www.smchealth.org/gpp; - Exhibit 4 is an email, published on the GeoTracker website, showing plaintiffs’ receipt of the remedial action agreement signed by defendants, located at https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/4937195301/ 20170224 Property%200wner%20A ttorney%20email%20re%202nd%20opening’20site%20m ecting%20and%20signed%20RAA pdf; 10 - Exhibit 5 is pertinent portions of the closure memorandum issued by the County showing ql analyzed data and the County’s conclusion of site closure based on the determination that a 12 significant contamination release did not occur, located at 13 https://documents.geotracker. waterboards.ca.gov/regulators/deliverable_documents/3913404166/ 14 20190327. CLOSURE%20MEMO_RO0002261 pdf; 15 - Exhibit 6 is an email published on the GeoTracker website showing plaintiffs’ election of 16 destroying the monitoring wells on their property and allowing defendants to do so, located at 17 https;//documents.geotracker. waterboards.ca.gov/regulators/deliverable_documents/6829862296/ 18 20200710_Email%20RP_RO2261 pdf. 19 - Exhibit 7 is the County letter published on GeoTracker requesting additional testing, located 20 at https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/ 21 4088581919/20180327_SEL_RO0002261 pdf. 22 - Exhibit 8 is pertinent portions of the Orion Report published on GeoTracker showing no 23 detectable levels or levels under screening levels, located at 24 https://documents.geotracker. waterboards.ca.gov/esi/uploads/geo_report/7892129719/T 1000000 25 9968.PDF. 26 These exhibits are highly relevant to defendants’ claim of plaintiff's’ pretrial election since 27 they establish plaintiffs’ knowledgeable and unequivocal election. They also show plaintiffs 28 obtaining an advantage over defendants since defendants agreed, at plaintiffs’ request, to be 3. REQ. FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF PROOF ISSUES designated the “responsible party,” which entailed defendants paying costs related to the abatement. These documents also serve as evidence that the nuisance was continuing and that the abatement of plaintiffs’ property was completed, Accordingly, the Court is requested to take judicial notice of these exhibits, DATED: January 7, 2022 MICHAELIS, MONTANARI & JOHNSON By: GARR ONTANARI 9 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO 10 FLYING CLUB, INC. 11 12 NAI7517\pld\p-supp. brief.election.rjn.wpd 13 14 15 16 17 18 19 20 a1 22 23 24 25 26 27 28 -4. REQ, FOR JUDICIAL NOTICE OF DEFENDANTS’ SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF PROOF ISSUES EXHIBIT 1 12/16/21, 4:17 PM Tamara Jan Gabel # 136176 - Attorney Licensee Search The State Bar of California ‘Tamata Jan Gabel #136176 License Status: Active Address: Law Offices of Tamara Gabel, 99 Almaden Blvd, Ste 600, San Jose, CA 95113-1605 Phone: 408-279-8636 | Fax: 408-484-6386 Email: tamara@elmconsulting.com | Website: Not Available More about This Attorney CLA Sections: Real Property Law CLA Member The California Lawyers Association (CLA) is an independent organization and is not part of the State Bar of California Self-Reported Practice Areas: Note: The State Bar does not verify the accuracy of this content and makes no warranties regarding experience or competence in practice areas. The State Bar encourages those seeking legal help to search Certified Specialists, use Certified Lawyer Referral Services, search through LawHelpCA.org, and use the State Bar's online public information to complement this information. + Environmental Law Additional Languages Spoken: « By the attorney: None reported ° By staff: None reported Law School: McGeorge SOL Univ of the Pacific; CA All changes of license status due to nondisciplinary administrative matters and disciplinary actions. Date License Status @ Discipline@ Administrative Action @ Present Active 11/3/1993 Active 7/26/1989 Inactive 12/7/1988 Admitted to the State Bar of California Additional Information: * About the disciplinary system Copyright © 2021 The State Bar of California https://apps.calbar.ca.gow/attorney/Licensee/Detail/136176 12 12/16/21, 4:17 PM Tamara Jan Gabel # 136176 - Attorney Licensee Search 000 hitps:apps.calbar.ca. gowattorney/Licensee/Netall/136176 2i2 EXHIBIT 2 COUNTY or SAN MATEO Pett eve HEALTH OTS TEM Environment chealth.ore ebook.comisinchealth February 10, 2017 CERTIFIED MAIL GPP Site 019048 ‘Sac Flying Aero Club, Ine, APN 037-226-100 c/o: Donald S. Honigman (dsh@rarmlaw.com) 315 Montgomery Street, Suite 800 San Francisco, CA 94014 Dear Sac Aero Flying Club Inc.: SUBJECT: VOLUNTARY OVERSIGHT OF REMEDIAL ACTION INVESTIGATION, TRUJILLO RESIDENCE, 1065 PARK WAY, MOSS BEACH, CA Based on the December 11, 2016 IRC Environmental Consulting LLC Near Surface Shallow Soil Sampling report for the subject site, there are allegations that a discharge of waste', has occurred at the subject site, which requires further characterization and potential remediation as a significant potential threat to human health or the environment. San Mateo County Environmental Health (Environmental Health) has assumed the role as the regulatory oversight agency for characterization and potential remediation of the released waste as allowed by Section 101480 of the California Health and Safety Code. Sac Aero Flying Club, Inc. is choosing to meet the legal definition of Responsible Party” for this alleged release of waste at this time in order to proceed with oversight by and compensation for oversight by Environmental Health . By entering this agreement, the responsible party is not admitting to any liability associated with this alleged release of waste. By entering into this Remedial Action Agreement, Sac Aero Flying Club, Inc. agrees to the following conditions: e All subsequent directives and written agreements from Environmental Health regarding testing, monitoring, and analysis to determine the nature, extent, and risk of contamination, potential remedial action to be taken, and cleanup goals (including deadlines for required submittals), collectively referred to as Corrective Action, will be considered a part of this Remedial Action Agreement. * All Corrective Action activities will follow San Mateo County Groundwater Protection 4 OF Sday ex | Waste as defined in Health and Safety Code Section 101075, and Water Code Section 13050. 2 Responsible Party as defined in Sections 25260(h) (2) of the Health and Safety Code. aA Aizon® Sac Aero Flying Club, Inc. Date Page 2 Regardless of the level of oversight from Environmental Health, the Responsible Party is responsible for the timely reporting, investigation, and any mutually agreed cleanup of soil and ground water pollution such that the beneficial uses of waters of the State are protected, and in compliance with appropriate laws, regulations and policies, Compliance will also take into account any new laws or regulations that may be applicable during the term of this agreement. If, at any time, the Responsible Party is not in compliance with directives from Environmental Health that constitute a portion of this Remedial Action Agreement, Environmental Health can, with adequate notice, withdraw from the agreement. The Responsible Party can , with adequate notice, withdraw from the agreement at any time. If the agreement is terminated prior to adequate completion of the Remedial Action Agreement directives, the case will, at the discretion of San Mateo County, either be transferred to the Corrective Action Unified Program Agency program or referred to the Department of Toxic Substance Control (DTSC) or Regional Water Quality Control Board (RWQCB) for issuance of a State Corrective Action Order, Cleanup and Abatement Order, or other order or enforceable agreement, as appropriate, for further remedial action directives, If, upon further characterization, Environmental Health determines that the alleged release of waste that is the subject of this Remedial Action Agreement is sufficiently complex, may present such a significant potential hazard to human health or the environment to warrant it, or may not be in the best interest of the County to continue as lead agency, the case may be referred to DTSC or RWQCB for further action. Pursuant to Section 25262 of the Health and Safety Code, a Responsible Party may request the designation of an administering or lead agency other than Environmental Health when required to conduct corrective action. Please contact Environmental Health for further information about the State Site Designation Committee process. This case is subject to California regulations for electronic submittal of information for all soil and groundwater cleanup cases in California (Title 23, Division 3, Chapter 30, Articles 1 and 2; Title 27, Division 3, Subdivisions 1 and 2), In order to be considered complete, all required submittals must be uploaded to the State of California Geotracker database in compliance with State Water Resources Control Board (Geotracker) requirements by specified submittal due dates, No hard copy submittal to Environmental Health is required. After determining that the Responsible Party has completed the actions required by the Remedial Action Agreement, Environmental Health will provide the Responsible Party with a letter that certifies that the cleanup goals embodied in the Remedial Action Agreement have been accomplished and no further action is required, Sac Aero Flying Club, Inc. Date Page 3 e Asallowed by Section 101490 of the Health and Safety Code, Environmental Health will Please sign and date below and return one copy of this Remedial Action Agreement in the enclosed envelope within 45 days of the date of this letter, In the event that you decide that you prefer an agency other than Environmental Health as lead agency, please submit your intention in writing within 45. days of the date of this letter. Should you have any questions, Charles Ice is the Groundwater Protection Program staff assigned to this case. He can be reached at (650) 399-6911 or by email at cice@smegov.org. Sincerely, -AgatQox Heather Forshe: Director, Environmental Health a Ce < ig Club, Inc. Sok 2.22./¢ By: Dick Tak as Secretary/Treasurer Date EXHIBIT 3 12/20/21, 10:38 AM Ground W val n 0 Cour ath GROUNDWATER PROTECTION PROGRA aT COVID-19 INFORMATION: ace Requirements and resources for your industry —s <= oe PROGRAM OVERVIEW: The goal of the Groundwater Protection Program is to protect underground water supplies and surface waters, such as the creeks, streams, ocean and the Bay, from chemical pollution. Information such as reports, workshop slides, and agendas on the San Mateo Plain Sub-Basin groundwater assessment can be found at the Office of Sustainability’s Groundwater website and select San Mateo Plain Sub-Basin. Inspection i f pollution aust dt eaking underground t I i IF mical or \ci€ uch as the to make sure the cle =U follow loc Subsurface Drilling Permit Application Geotechnical Drilling Permit Application GUIDELINES, POLICIES, AND PROCEDURES FOR SUBSURFACE ENVIRONMENTAL AND GEOTECHNICAL DRILLING Groundwater Protection Program fee schedule Pay your invoice online To view cleanup site information, you can go directly to an online information center (Geotracker) by clicking this link, http://geotracker.waterboards.ca.gov/. If this site does not provide the information you are seeking, you can request digital copies of our files. Call (650) 372-6200 or request a file review using our online form. Corrective Action Guidelines, Policies, and Procedures A few topic-specific guidelines have been developed to provide more up-to-date guidance for responsible parties and consultants. You can view these guidelines by clicking on the appropriate link. For other issues please refer to the guidance documents below and/or your case manager at (650) 372-6200. Well Destruction Policy BS Conduit Study itty 13 12/20/21, 10:38 AM Groundwater Protection Program - San Mateo County Health ensitive Receptor Survey & Environmental Health Soil Reuse Guidelines Other Services Inspection staff also issue permits for installing wells and soil borings for geotechnical or environmental investigations. Staff can answer questions about contaminated sites or provide information on regional underground water supplies. If you are an environmental consultant and want to be on the Groundwater Protection Program Consultant List, send a complete Statement of Qualification (SOQ) for review. Contact Program staff at (650) 372-6200 for the SOQ criteria. GPP LIST OF CONSULTANTS The following companies either currently engage in environmental consulting or have expressed interest in doing work in San Mateo County. All companies listed have submitted a Statement of Qualifications to San Mateo County Environmental Health Services, on file for review in the County Groundwater Protection Program. GPP PROGRAM STAFF CONTACT ENVIRONMENTAL HEALTH SERVICES (650) 372-6200 ao https:/www.smchealth.org/gpp 213 12/20/21, 10:38 AM Groundwater Protection Program - San Mateo County Health DISCLAIMER PRIVACY POLICY © 2021 SAN MATEO COUNTY. ALL RIGHTS RESERVED. https:/www.smchealth.org/gpp 33 EXHIBIT 4 Charles Ice From: Tamara Gabel Sent: Friday, February 24, 2017 8:37 AM To: Charles Ice Subject: Re: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance counsel and consutlant's Good Morning Charles, Thank you. I called out who I understand will attend the meeting in case you had not spoken with Don recently. Reviewing the emails you posted I see that you have been in communication with Don. Best regards, and I look forward to seeing you this afternoon. Tamara Tamara Gabel, Attorney at Law Law Offices of Tamara Gabel Environmental Liability Management and Consulting 50 West San Fernando Street, Suite 1408 San Jose, California 95113 Telephone: 408.279.8636 Facsimile: 408.484.6386 Email: tamara@e! Imconsulting.com sek sek tek: see The information contained in this e-mail message is intended solely for the personal and confidential use of the recipient(s) identified above. This message may be an attorney-client communication and/or attorney work product, and as such is privileged and confidential. If the reader of this message is not the intended recipient, or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. Ifyou have received this communication in error, please notify us immediately by e-mail and delete the original message. From: Charles Ice Sent: Friday, February 24, 2017 7:43 AM To: Subject: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance counsel and consutlant's Tamara, The meeting is still on for today at 2 PM. | am not in control of who exactly will be attending either in person or by phone. Charles Ice, PG Senior Management Analyst Groundwater Protection Program Lead San Mateo County Environmental Health 2000 Alameda De Las Pulgas, Suite 100 San Mateo CA 94403 (650) 399-6911 Fax (650) 627-8244 www.smechealth.org/gpp oo Groundwater Protection Program - San Mateo Health System www.smchealth.org The goal of the Groundwater Protection Program is to protect underground water supplies and surface waters, such as the . From: Tamara Gabel [mailto:tamara@elmconsulting.com] Sent: Thursday, February 23, 2017 10:51 AM To: Charles Ice Subject: Moss Beach Private Residence (plane crash)/Initial Meeting with pilot's insurance counsel and consutlant's Good Morning Charles, I am confirming the meeting in your offices (2000 Alameda de las Pulgas, Suite 100, San Mateo) tomorrow at 2:00 p.m., with the pilot's counsel, Don Honigman, and consultant(s), Rick Railsback who will attend by phone, and perhaps another consultant. Have you received the executed VCA from the pilot's association? If so, will you forward a copy? I am interested in the final terms and which entity agreed to cooperate with your offices on the remediation. Thank you, Tamara Tamara Gabel, Attorney at Law Law Offices of Tamara Gabel Environmental Liability Management and Consulting 50 West San Fernando Street, Suite 1408 San Jose, California 95113 Telephone: 408.279.8636 Facsimile: 408.484.6386 Email: tamara@elmconsulting. ft eee Sob e: sek * The information contained in this e-mail message is intended solely for the personal and confidential use of the recipient(s) identified above. This message may be an attorney-client communication and/or attorney work product, and as such is privileged and confidential. If the reader of this message is not the intended recipient, or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. EXHIBIT 5 SO ESECOSURMEMORANDEM TO: File FROM: Groundwater Protection Program Staff DATE: March 27, 2019 SUBJECT: SMCo Case #019048 / RO # 2261 1065 PARK WAY MOSS BEACH, CA 94038 APN 037-226-100 BACKGROUND HISTORY The subject site a residence where a small aircraft came to rest after crashing on approach to Half Moon Bay Airport on November 18, 2016 (Figure 1). The remaining aviation gasoline onboard, and possibly motor oil, spilled onto unpaved driveway adjacent to the house. The Sac Aero Flying Club, Inc. entered into a Remedial Action Agreement with San Mateo County Environmental Health in February 2017. SL eeTION ALE Th LAR: lofi ite raf ment efvh s™ ‘hi Based on the Draft Final Guidance, the site qualifies losis for the followin, ig reasons. 1a) Pollutant sources are sdentined and evaluated. n 1b) The site is adequately characterized. Several phases of soil, soil gas, groundwater, and indoor air sampling have occurred to assess the extent and concentrations of aviation gasoline, including near-surface soil sampling in the area of the crash site (S-1 through S-13), approximately 25 confirmation soil sampling along the perimeter and base of a remedial excavation, groundwater sampling (MW-1, MW-2, and SB-1 through SB-4), soil gas sampling (SV-1 through SV-6), and indoor air sampling (IA-1 through IA-3). A summary of initial soil sampling and excavation activities are provided in the December 11, 2016 Near Surface Shallow Soil Sampling \etter and the February 1, 2017 Soil Excavation Report, respectively. Additional site characterization and indoor air sampling results are provided in the Groundwater Sampling Report and Case Closure Request dated June a zOLe and the Indoor Air Sean Rep ort dated February 8, 2019. a 1c) Exposure pathways, receptors, and potential risks, threats, and other environmental concerns are identified and assessed. A Conceptual Site Model addressing these items has been developed. 2a) Pollutant sources are remediated to the extent feasible. In December 2016 and January 2017, a remedial excavation was performed around the crash site where the highest levels of aviation gasoline constituents were observed, which measured approximately 280 square-feet to a depth of 4 feet below grade (fbg). In addition, a smaller 13-square-foot area north of the residence was excavated to a depth of approximately 2 fbg. A total of approximately 83 tons of soil was removed. 2b) Unacceptable risks to human health, ecological health, and sensitive receptors, considering current and future land and water uses, are mitigated. Sensitive receptors proximal to fhe site were denied bya SULVEY dial i i I = Ambient air (indoor and outdoor) has been sampled twice. The second set of samples were collected under the most conservative conditions following a building pressure differential study. Although benzene concentrations in indoor air slightly exceed the Tier 1 ESL, BTEX ratio evaluation for soil gas, indoor air, and outdoor air indicates that BTEX ratios and concentrations for indoor and outdoor air are similar; whereas, the BTEX ratios for indoor air and soil gas are dissimilar. ni tt indo i [01 oF air 2c) Unacceptable threats to groundwater and surface water resources, considering existing and potential beneficial uses, are mitigated. t 1 ut te 1m} nS a eee res 3a) m uBR til 4 Ki The remaining plume i exp ected to continue decreasing over ti imie following secondary source removal efforts. 3b) Cleanup standards can be met within a reasonable timeframe, Clean-up standards (Tier 1 ESLs) have been met for residential land use. Although a very limited soil gas plume remains adjacent to the release location, concentrations are approaching Tier 1 ESLs and decreasing over time. Although the indoor air quality slightly exceeds the Tier 1 ESL for benzene; it appears to be sourced from outdoor air conditions and not vapor intrusion. Site conditions associated with the subject release do not represent an unacceptable risk based for residential land use. 3c) Risk management measures are appropriate, documented, and do not require future oversight. RECOMMENDATIONS Based on the investigation, and other information which is currently and actually known to this agency, we have determined that all appropriate response actions have been completed, all acceptable or remedial practice were implemented, and further investigation, remedial/removal action, or monitoring is not required at the site with regard to a release of hazardous waste or substance from the former facility operations located at the ati dt ll rt fii in San Mateo County Groundwater Protection Program staff have determined that the water quality objectives of the San Francisco Bay Regional Water Quality Control Board have been satisfied. wa © 3[e4l14 Brian Gwinn, Haz-Mat Specialist III Date rom [eflulle Report Project No, 3350 December 10, 2016 Table'1 Summary of Soil Sample Analytical Results Total Petroleum Hydrocarbons (TPHs) and Toluene 1065 Park Way, Moss Beach, California Sample Sample Sample Results (mg/Kg) Sample Collection Depth ID Date (Feet) TPH-G' TPH-D? TPH-Mo® TPH-JF4 Toluene $-1-0.5 12-06-2016 0.5 16,000 490 <5.0° 1,300 3,800 8-2-0.5 12-06-2016 ~0.5 4.3 <1.0 8.4 <1.0 <0,005 §-3-0.5 42-06-2016 ~0.5 350 9.5 5.9 26 20 $-4-0.5 42-06-2016 70.5 9.3 <1.0 <5.0 <1.0 0.0078 $-5-0.5 12-06-2016 ~0.5 70 1.5 <5.0 3.0 6.6 $-6-0.5 12-06-2016 ~0.5 190 2. <6.0 6.4 25 §-7-0.5 12-06-2016 ~0.5 17 <1,0 <5.0 <1.0 0.059 $-8-0.5 12-06-2016 70.5 5.6 3.1 <5.0 2.5 5.0 §-9-0.5 12-06-2016 ~0.5 44 <1.0 <5.0 <1.0 0.0064 2 $-10-0.5 12-06-2016 ~0.5 8.1 77 35 60 0.02 $-11-0.5 42-06-2016 ~0.5 47,000 16 <5.0 57 530 $-12-0.5 12-06-2016 ~0.5 11 19 12 16 0.058 $-13-0.5 42-06-2016 ~0.5 48 3.2 <5.0 3.9 0.0094 S-14-0.5 12-06-2016 ~0.5 3.0 <1.0 <5.0 <1.0 0.0067 8-15-0.5 12-06-2016 ~0.5 2.9 <1.0 <6.0 <1.0 0.032 $-16-0.5 12-06-2016 ~0.5 6.0 <1,0 6.8 <1.0 0.13 $-17-0.5 12-06-2016 ~0.5 <1.0 1.3 17 <1.0 0,005 w S-18-0.5 12-06-2016 70.6 1.0 <1.0 5.1 <1,0 <0.005 $-19-0.5 12-06-2016 ~0.5 <1.0 <1.0 <6.0 <1.0 <0,005 8-20-05 12-06-2016 ~0.5 <1.0 120 4,400 <50 <0.005 (\ L ESL -R® l 100 230 5,100 | 230° I 29 } Numeric Notes: Sample result at or above the ESL is bold. See lab report for specific analytical qualifiers and dilution factors (glevated reporting Jimits are typically due to high dilution factors). Nol all resulls are shown here on this table; two other VOCs (4-isopropy! toluene and chloroform) were variously detected in samples S-4, 8-7, S- 10 and S-12; typically at low trace concentrations just slightly above the reporting limits (see lab report). Numeric Notes 4. TPH-G: Total Petroleum Hydrocarbons as Gasoline (gasoline range). 2 TPH- Total Petroleum Hydrocarbons as Diesel (diesel range). . TPH-MO: Total Petroleum Hydrocarbons as Motor Oil (motor oil range}. i TPH-JF; Total Petroleum Hydrocarbons as Jet Fuel (jet fuel oi! range). 5, <: less than the reporting limit followed by the reporting limit (not detected at or above the laboratory reporting limit). 6, ESL-RI: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental Screening Levels (ESLs), from the internet. 7. There Is no specific ESL for Jet Fuel. The Diesel ESL Is used here for comparison purposes only because both diesel and jet fuel are in the medium carbon ranges. Site: 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 1 Feous zluf i Report 3350 sania ssn noi Decem 016 Table 24. Ccantinved) Summary of Soil Sample Analytical Results for Lead 1065 Park Way, Moss Beach, California Sample Sample Sample Sample Results for Collection Depth ID Lead (mg/Kg) Date (Feet) Ln $-1-0.5 12-06-2016 ~0.5 57 $-2-0.5 12-06-2016 70.5 12 S-3-0.5 12-06-2016 ~0.5 14 $-4-0.5 12-06-2016 ~0.5 6.8 $-5-0.5 42-06-2016 ~0.5 7.8 te & §-6-0.5 12-06-2016 ~0.5 6.6 $-7-0.5 12-06-2016 ~0.5 5.3 $-8-0.5 12-06-2016 70.5 6.4 $-9-0.5 12-06-2016 ~0.5 8.6 $-10-0,5 12-06-2016 ~0.5 4.8 S$-11-0.5 12-06-2016 ~0.5 18 S-12-0.5 12-06-2016 ~0.5 68 $-13-0,5 12-06-2016 ~0.5 42 $-14-0.5 12-06-2016 70.5 44 S-15-0.5 12-06-2016 ~05 8.9 we $-16-0.5 12-06-2016 ~0.5 8.9 $-17-0.5 12-06-2016 7~0.5 83 $-18-0.5 12-06-2016 ~0.5 11 $-19-0.5 12-06-2016 70.5 14 $-20-0.5 42-06-2016 ~0.5 12 ESL-R‘ 80 Background” 23.9 Background” 12.4 - 97.4 Background > 148 Background * 54 Numeric Notes: 4 ESL-R: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016, Environmental Screening Levels (ESLs), from the Internet. AVE (average) and Range of naturally occurring background soil concentrations. From Background Concentrations of Trace and Major Efeme, in Californi Foundation cial (Kearney Foundation of Soil Science, Division Of Agricultural And Natural Resources, University Of California, March 1998). gg" percentile background soll concentration. From jnorganic Chemicals in Ground Waler and Soil: Background Concentrations at California Air Force Bases, (Air Force Center for Environmentat Excellence, Brooks City-Base, Texas, Department of Toxic Substances Control, CalEPA, Sacramento, and San Antonio, Texas, March 2005). Maximum Value based on Background Metal Concentration in Soils in Northern Santa Clara County, California, (Lockheed Missiles and Space Company, Inc., May 1995). Site: 1065 Park Way, Moss Beach, CA Table 2, Page 1 of 1 Project No. 3352 January 21, 2017 wt Table 2 Summary of Soil Sample Analytical Results - Excavation A Total Petroleum Hydrocarbons (TPHs) as Gasoline and Diesel, Toluene 1065 Park Way, Moss Beach, California Sample Sample Sample Results (mg/Kg) Sample Sample Sample Depth Collection ID No," Type (Feet) Date TPH-G* TPH-D® Toluene (Apprx.) 500 © 58 OP1-2.5 OP1 12-22-2016 BDP’ 25 1.97 DP2-2.5 DP2 12-22-2016 BDP 2.5 240 427 367 DP3-2.5 DP3 42-22-2016 BDP 2.5 280 46o 23.0 EX-A-SW-1-3 SW-1 12-28-2016 sw 47 <1.0 7At EX-A-SW-2-3 SW-2 12-28-2016 SW. 4.5 <1.0 0.43 EX-A-SW-3-3 SW-3 12-28-2016 sw 12 <1.0 5.8 12-28-2016 =1.07% <1.07 <0.005 7 EX-A-SW-4-3 sw sw SW-5 12-28-2016 SW. 4,300 7 237 420 7 EX-A-SW-5-3 EX-A-SW-1-3 Swe 12-29-2016 sw <1.0 <1.0 <0.005 EX-A-SW-2-3 SW-7 12-29-2016 Sw s1.0 <1.0 <0.005 EX-A-SW-3-3 SW-3 12-29-2016 sw <1.0 <1.0 <0.005 EX-A-SW-4-3 Ssw-3 12-29-2016 SW. <1.0 17 <0.005 EX-A-SW-1-3 SW-10 12-30-2016 Sw. <1.0 <1.0 <0.005 EX-A-SW-2-3 SW-11 12-30-2016 sw <1.0 <1.0 0.015 EX-A-SW-3-3 EX-A-SW-4-3 SW-12 Sw13 12-30-2016 12-30-2016 SW. Sw. <1.0 <1.0 <1.0 <1.0 <0,005 <0.005 z ESL—R* 100 230 I 2.9 | Soil Excavation Report, 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 3 ane Project No. 3352_- ace! Jenuary 21, 2017 Table # (continued) Sample Sample Results (mg/Kg) Sample Sample Sample Sample Depth Collection 1D No.' Type (Feet) Date TPH-G' TPH-D? Toluene (Apprx,) EX-A-B-1-5.0 BBase-1 42-22-2016 BBase” 5 <1.0 <1.0 0.025 TTS EX-A-B-1-4 Base-1 12-28-2016 Base® 4 440% <1.0 25° EX-A-B-2-4 Base-2 12-28-2016 Base <1.0 <1.0 <0.005 EX-A-B-3-4 Base-3 12-28-2016 Base <1.0 <1.0 <0.005 EX-A-B-4-4 Base-4 42-28-2016 Base 68 <1.0 13. EX-A-B-5-4 Base-5 12-28-2016 Base <1.0 <1.0 0.28 EX-A-B-6-4 Base