Item 3 DEV2019-00161 Public Comment from Steven Thong rom:Steven Thong
To:Thomas Gorham; Planning Commission
Cc:Mitchell Tsai; Mitchell M. Tsai Attorney at Law, P.C.; Stephanie Papayanis; Talia Nimmer
Subject:[EXTERNAL] WSRCC - [City of Anaheim, La Quinta Inn & Suites Project] - Comment Letter
Date:Monday, December 4, 2023 12:40:03 PM
Attachments:20231204 CityofAnaheim LaQuintaInn&Suites PCCommentLetter Complete.pdf
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Good afternoon,
Please see the attached Comment Letter for the City of Anaheim's December 4, 2023 Planning
Commission meeting for the La Quinta Inn & Suites Project.
Additionally, please confirm receipt of this email and its attachment.
Best,
Steven
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Steven Thong
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Mitchell M. Tsai, Law Firm - Environmental & Land Use Litigation
139 South Hudson Avenue Suite 200
Pasadena, CA 91101
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Mitchell M. Tsai
Law Firm
139 South Hudson Avenue
Suite 200
Pasadena, California 91101
VIA E-MAIL
December 4, 2023
Thomas Gorham, Contract Planner
City of Anaheim Planning and Building Department
200 South Anaheim Boulevard, Suite 162
Anaheim, CA 92805
Em: Tgorham@anaheim.net
Em: Planningcommission@anaheim.net
RE: City of Anaheim’s La Quinta Inn & Suites Project
Dear Thomas Gorham,
On behalf of the Western States Regional Council of Carpenters (“Western
Carpenters” or “WSRCC”), my Office is submitting these comments for the City of
Anaheim’s (“City”) Initial Study and Mitigated Negative Declaration (“IS/MND”)
for the December 4, 2023 Planning Commission meeting for the La Quinta Inn &
Suites Project (“Project”).
The Western Carpenters is a labor union representing almost 90,000 union carpenters
in 12 states, including California, and has a strong interest in well-ordered land use
planning and in addressing the environmental impacts of development projects.
According to the IS/MND,
The Proposed Project consists of an approximately 67,715 sf hotel and a
detached 1,200 sf walk-up/drive thru fast food restaurant with associated
parking at 125 East Ball Road . . . The hotel component of the Proposed
Project would consist of a 120-room hotel that would be five stories, 55-
feet in height. The hotel is standard stay with limited food service
(continental breakfast). The first floor of the hotel would contain the
designated lobby area with a meeting room, sales and manager’s office,
shop, pantry, breakfast area, and restroom facility. The second through
fifth floor of the hotel would consist of the guest rooms which would
provide both general guest rooms and three to four designated Americans
with Disabilities Act (ADA) accessible guest rooms per floor . . . An
observation deck is proposed on the second level for guest-viewing of
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
Page 2 of 17
fireworks at Disneyland Theme Park. Also, a fitness center and a
conference room are proposed to be located on the second floor, and an
outdoor pool would be located on ground level adjacent to the hotel
building.
IS/MND, 3-1.
The Project Applicant further seeks adoption of an IS/MND.
Individual members of WSRCC live, work, and recreate in the City and surrounding
communities and would be directly affected by the Project’s environmental impacts.
The Western States Regional Council of Carpenters expressly reserves the right to
supplement these comments at or prior to hearings on the Project, and at any later
hearing and proceeding related to this Project. Gov. Code, § 65009, subd. (b); Pub.
Res. Code, § 21177, subd. (a); see Bakersfield Citizens for Local Control v. Bakersfield
(2004) 124 Cal.App.4th 1184, 1199-1203; see also Galante Vineyards v. Monterey Water
Dist. (1997) 60 Cal.App.4th 1109, 1121.
The Western Carpenters incorporates by reference all comments raising issues
regarding the Environmental Impact Report (EIR) submitted prior to certification of
the EIR for the Project. 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).
Moreover, the Western Carpenters requests that the City provide notice for any and
all notices referring or related to the Project issued under the California
Environmental Quality Act (CEQA) (Pub. Res. Code, § 21000 et seq.), and the
California Planning and Zoning Law (“Planning and Zoning Law”) (Gov. Code, §§
65000–65010). California Public Resources Code Sections 21092.2, and 21167(f) and
California Government Code Section 65092 require agencies to mail such notices to
any person who has filed a written request for them with the clerk of the agency’s
governing body.
I. THE CITY SHOULD REQUIRE THE USE OF A LOCAL
WORKFORCE TO BENEFIT THE COMMUNITY’S ECONOMIC
DEVELOPMENT AND ENVIRONMENT
The City should require the Project to be built using a local workers who have
graduated from a Joint Labor-Management Apprenticeship Program approved by the
State of California, have at least as many hours of on-the-job experience in the
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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applicable craft which would be required to graduate from such a state-approved
apprenticeship training program, or who are registered apprentices in a state-approved
apprenticeship training program.
Community benefits such as local hire can also be helpful to reduce environmental
impacts and improve the positive economic impact of the Project. Local hire
provisions requiring that a certain percentage of workers reside within 10 miles or less
of the Project site can reduce the length of vendor trips, reduce greenhouse gas
emissions, and provide localized economic benefits. As environmental consultants
Matt Hagemann and Paul E. Rosenfeld note:
[A]ny local hire requirement that results in a decreased worker trip length
from the default value has the potential to result in a reduction of
construction-related GHG emissions, though the significance of the
reduction would vary based on the location and urbanization level of the
project site.
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and
Considerations for Greenhouse Gas Modeling.
Workforce requirements promote the development of skilled trades that yield
sustainable economic development. As the California Workforce Development Board
and the University of California, Berkeley Center for Labor Research and Education
concluded:
[L]abor should be considered an investment rather than a cost—and
investments in growing, diversifying, and upskilling California’s workforce
can positively affect returns on climate mitigation efforts. In other words,
well-trained workers are key to delivering emissions reductions and
moving California closer to its climate targets.1
Furthermore, workforce policies have significant environmental benefits given that
they improve an area’s jobs-housing balance, decreasing the amount and length of job
commutes and the associated greenhouse gas (GHG) emissions. In fact, on May 7,
1 California Workforce Development Board (2020) Putting California on the High Road: A
Jobs and Climate Action Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/
wp-content/uploads/2020/09/Putting-California-on-the-High-Road.pdf.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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2021, the South Coast Air Quality Management District found that that the “[u]se of a
local state-certified apprenticeship program” can result in air pollutant reductions.2
Locating jobs closer to residential areas can have significant environmental benefits.
As the California Planning Roundtable noted in 2008:
People who live and work in the same jurisdiction would be more likely
to take transit, walk, or bicycle to work than residents of less balanced
communities and their vehicle trips would be shorter. Benefits would
include potential reductions in both vehicle miles traveled and vehicle
hours traveled.3
Moreover, local hire mandates and skill-training are critical facets of a strategy to
reduce vehicle miles traveled (VMT). As planning experts Robert Cervero and
Michael Duncan have noted, simply placing jobs near housing stock is insufficient to
achieve VMT reductions given that the skill requirements of available local jobs must
match those held by local residents.4 Some municipalities have even tied local hire and
other workforce policies to local development permits to address transportation
issues. Cervero and Duncan note that:
In nearly built-out Berkeley, CA, the approach to balancing jobs and
housing is to create local jobs rather than to develop new housing. The
city’s First Source program encourages businesses to hire local residents,
especially for entry- and intermediate-level jobs, and sponsors vocational
training to ensure residents are employment-ready. While the program is
voluntary, some 300 businesses have used it to date, placing more than
3,000 city residents in local jobs since it was launched in 1986. When
2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental
Assessment and Adopt Proposed Rule 2305 – Warehouse Indirect Source Rule –
Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule
316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve
Supporting Budget Actions, available at http://www.aqmd.gov/docs/default-
source/Agendas/Governing-Board/2021/2021-May7-027.pdf?sfvrsn=10.
3 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6,
available at https://cproundtable.org/static/media/uploads/publications/cpr-jobs-
housing.pdf
4 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: Jobs-
Housing Balance or Retail-Housing Mixing? Journal of the American Planning Association
72 (4), 475-490, 482, available at http://reconnectingamerica.org/assets/Uploads/UTCT-
825.pdf.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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needed, these carrots are matched by sticks, since the city is not shy about
negotiating corporate participation in First Source as a condition of
approval for development permits.
Recently, the State of California verified its commitment towards workforce
development through the Affordable Housing and High Road Jobs Act of 2022,
otherwise known as Assembly Bill No. 2011 (“AB2011”). AB2011 amended the
Planning and Zoning Law to allow ministerial, by-right approval for projects being
built alongside commercial corridors that meet affordability and labor requirements.
The City should consider utilizing local workforce policies and requirements to
benefit the local area economically and to mitigate greenhouse gas, improve air
quality, and reduce transportation impacts.
II. THE CITY SHOULD IMPOSE TRAINING REQUIREMENTS FOR
THE PROJECT’S CONSTRUCTION ACTIVITIES TO PREVENT
COMMUNITY SPREAD OF COVID-19 AND OTHER INFECTIOUS
DISEASES
Construction work has been defined as a Lower to High-risk activity for COVID-19
spread by the Occupations Safety and Health Administration. Recently, several
construction sites have been identified as sources of community spread of COVID-
19.5
Western Carpenters recommend that the Lead Agency adopt additional requirements
to mitigate public health risks from the Project’s construction activities. WSRCC
requests that the Lead Agency require safe on-site construction work practices as well
as training and certification for any construction workers on the Project Site.
In particular, based upon Western Carpenters’ experience with safe construction site
work practices, WSRCC recommends that the Lead Agency require that while
construction activities are being conducted at the Project Site:
5 Santa Clara County Public Health (June 12, 2020) COVID-19 CASES AT
CONSTRUCTION SITES HIGHLIGHT NEED FOR CONTINUED VIGILANCE IN
SECTORS THAT HAVE REOPENED, available at https://www.sccgov.org/sites/
covid19/Pages/press-release-06-12-2020-cases-at-construction-sites.aspx.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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Construction Site Design:
• The Project Site will be limited to two controlled entry
points.
• Entry points will have temperature screening technicians
taking temperature readings when the entry point is open.
• The Temperature Screening Site Plan shows details
regarding access to the Project Site and Project Site logistics
for conducting temperature screening.
• A 48-hour advance notice will be provided to all trades prior
to the first day of temperature screening.
• The perimeter fence directly adjacent to the entry points will
be clearly marked indicating the appropriate 6-foot social
distancing position for when you approach the screening
area. Please reference the Apex temperature screening site
map for additional details.
• There will be clear signage posted at the project site directing
you through temperature screening.
• Provide hand washing stations throughout the construction
site.
Testing Procedures:
• The temperature screening being used are non-contact
devices.
• Temperature readings will not be recorded.
• Personnel will be screened upon entering the testing center
and should only take 1-2 seconds per individual.
• Hard hats, head coverings, sweat, dirt, sunscreen or any
other cosmetics must be removed on the forehead before
temperature screening.
• Anyone who refuses to submit to a temperature screening or
does not answer the health screening questions will be
refused access to the Project Site.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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• Screening will be performed at both entrances from 5:30 am
to 7:30 am.; main gate [ZONE 1] and personnel gate
[ZONE 2]
• After 7:30 am only the main gate entrance [ZONE 1] will
continue to be used for temperature testing for anybody
gaining entry to the project site such as returning personnel,
deliveries, and visitors.
• If the digital thermometer displays a temperature reading
above 100.0 degrees Fahrenheit, a second reading will be
taken to verify an accurate reading.
• If the second reading confirms an elevated temperature,
DHS will instruct the individual that he/she will not be
allowed to enter the Project Site. DHS will also instruct the
individual to promptly notify his/her supervisor and his/her
human resources (HR) representative and provide them with
a copy of Annex A.
Planning
• Require the development of an Infectious Disease
Preparedness and Response Plan that will include basic
infection prevention measures (requiring the use of personal
protection equipment), policies and procedures for prompt
identification and isolation of sick individuals, social
distancing (prohibiting gatherings of no more than 10
people including all-hands meetings and all-hands lunches)
communication and training and workplace controls that
meet standards that may be promulgated by the Center for
Disease Control, Occupational Safety and Health
Administration, Cal/OSHA, California Department of
Public Health or applicable local public health agencies.6
6 See also The Center for Construction Research and Training, North America’s Building
Trades Unions (April 27 2020) NABTU and CPWR COVIC-19 Standards for U.S
Constructions Sites, available at https://www.cpwr.com/sites/default/files/NABTU_
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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The United Brotherhood of Carpenters and Carpenters International Training Fund
has developed COVID-19 Training and Certification to ensure that Carpenter union
members and apprentices conduct safe work practices. The Agency should require that
all construction workers undergo COVID-19 Training and Certification before being
allowed to conduct construction activities at the Project Site.
Western Carpenters has also developed a rigorous Infection Control Risk Assessment
(“ICRA”) training program to ensure it delivers a workforce that understands how to
identify and control infection risks by implementing protocols to protect themselves
and all others during renovation and construction projects in healthcare
environments.7
ICRA protocols are intended to contain pathogens, control airflow, and protect
patients during the construction, maintenance and renovation of healthcare facilities.
ICRA protocols prevent cross contamination, minimizing the risk of secondary
infections in patients at hospital facilities.
The City should require the Project to be built using a workforce trained in ICRA
protocols.
III. 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).8 At its core, its purpose is to “inform the public and its responsible officials of
CPWR Standards COVID-19.pdf; Los Angeles County Department of Public Works
(2020) Guidelines for Construction Sites During COVID-19 Pandemic, available at
https://dpw.lacounty.gov/building-and-safety/docs/pw guidelines-construction-sites.pdf.
7 For details concerning Western Carpenters’s ICRA training program, see
https://icrahealthcare.com/.
8 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.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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the environmental consequences of their decisions before they are made.” Citizens of
Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564.
1. Background Concerning Environmental Impact Reports
CEQA directs public agencies to avoid or reduce environmental damage, when
possible, by requiring alternatives or mitigation measures. CEQA Guidelines, § 15002,
subds. (a)(2)-(3); see also Berkeley Keep Jets Over the Bay Committee v. Board of Port
Comes (2001) 91 Cal.App.4th 1344, 1354; Citizens of Goleta Valley v. Board of Supervisors
(1990) 52 Cal.3d 553; Laurel Heights Improvement Assn., 47 Cal.3d at p. 400. The EIR
serves to provide public agencies and the public in general with information about the
effect that a proposed project is likely to have on the environment and to “identify
ways that environmental damage can be avoided or significantly reduced.” CEQA
Guidelines, § 15002, subd. (a)(2). If the project has a significant effect on the
environment, the agency may approve the project only upon finding that it has
“eliminated or substantially lessened all significant effects on the environment where
feasible” and that any unavoidable significant effects on the environment are
“acceptable due to overriding concerns” specified in Public Resources Code section
21081. See CEQA Guidelines, § 15092, subds. (b)(2)(A)-(B).
While the courts review an EIR using an ‘abuse of discretion’ standard, the reviewing
court is not to uncritically rely on every study or analysis presented by a project
proponent in support of its position. Berkeley Jets, 91 Cal.App.4th at p. 1355 (quoting
Laurel Heights Improvement Assn., 47 Cal.3d at pp. 391, 409 fn. 12) (internal quotations
omitted). A clearly inadequate or unsupported study is entitled to no judicial
deference. Id. Drawing this line and determining whether the EIR complies with
CEQA’s information disclosure requirements presents a question of law subject to
independent review by the courts. Sierra Club v. County of Fresno (2018) 6 Cal.5th 502,
515; Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48, 102,
131. As the court stated in Berkeley Jets, prejudicial abuse of discretion occurs if the
failure to include relevant information precludes informed decision-making and
informed public participation, thereby thwarting the statutory goals of the EIR
process. 91 Cal.App.4th at p. 1355 (internal quotations omitted).
The preparation and circulation of an EIR is more than a set of technical hurdles for
agencies and developers to overcome. Communities for a Better Environment v. Richmond
(2010) 184 Cal.App.4th 70, 80 (quoting Vineyard Area Citizens for Responsible Growth, Inc.
v. City of Rancho Cordova (2007) 40 Cal.4th 412, 449-450). The EIR’s function is to
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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ensure that government officials who decide to build or approve a project do so with
a full understanding of the environmental consequences and, equally important, that
the public is assured those consequences have been considered. Id. For the EIR to
serve these goals it must present information so that the foreseeable impacts of
pursuing the project can be understood and weighed, and the public must be given an
adequate opportunity to comment on that presentation before the decision to go
forward is made. Id.
A strong presumption in favor of requiring preparation of an EIR is built into CEQA.
This presumption is reflected in what is known as the “fair argument” standard under
which an EIR must be prepared whenever substantial evidence in the record supports
a fair argument that a project may have a significant effect on the environment. Quail
Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1602;
Friends of “B” St. v. City of Hayward (1980) 106 Cal.3d 988, 1002.
The fair argument test stems from the statutory mandate that an EIR be prepared for
any project that “may have a significant effect on the environment.” PRC, § 21151;
see No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.App.3d 68, 75; accord Jensen v. City of
Santa Rosa (2018) 23 Cal.App.5th 877, 884. Under this test, if a proposed project is not
exempt and may cause a significant effect on the environment, the lead agency must
prepare an EIR. PRC, §§ 21100 (a), 21151; CEQA Guidelines, § 15064 (a)(1), (f)(1).
An EIR may be dispensed with only if the lead agency finds no substantial evidence in
the initial study or elsewhere in the record that the project may have a significant
effect on the environment. Parker Shattuck Neighbors v. Berkeley City Council (2013) 222
Cal.App.4th 768, 785. In such a situation, the agency must adopt a negative
declaration. PRC, § 21080, subd. (c)(1); CEQA Guidelines, §§ 15063 (b)(2),
15064(f)(3).
“Significant effect upon the environment” is defined as “a substantial or potentially
substantial adverse change in the environment.” PRC, § 21068; CEQA Guidelines,
§ 15382. A project may have a significant effect on the environment if there is a
reasonable probability that it will result in a significant impact. No Oil, Inc., 13 Cal.3d
at p. 83 fn. 16; see Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 309. If
any aspect of the project may result in a significant impact on the environment, an
EIR must be prepared even if the overall effect of the project is beneficial. CEQA
Guidelines, § 15063(b)(1); see County Sanitation Dist. No. 2 v. County of Kern (2005) 127
Cal.App.4th 1544, 1580.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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This standard sets a “low threshold” for preparation of an EIR. Consolidated Irrigation
Dist. v. City of Selma (2012) 204 Cal.App.4th 187, 207; Nelson v. County of Kern (2010)
190 Cal.App.4th 252; Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903,
928; Bowman v. City of Berkeley (2004) 122 Cal.App.4th 572, 580; Citizen Action to Serve
All Students v. Thornley (1990) 222 Cal.App.3d 748, 754; Sundstrom, 202 Cal.App.3d at p.
310. If substantial evidence in the record supports a fair argument that the project
may have a significant environmental effect, the lead agency must prepare an EIR
even if other substantial evidence before it indicates the project will have no
significant effect. See Jensen, 23 Cal.App.5th at p. 886; Clews Land & Livestock v. City of
San Diego (2017) 19 Cal.App.5th 161, 183; Stanislaus Audubon Society, Inc. v. County of
Stanislaus (1995) 33 Cal.App.4th 144, 150; Brentwood Assn. for No Drilling, Inc. v. City of
Los Angeles (1982) 134 Cal.App.3d 491; Friends of “B” St., 106 Cal.App.3d 988; CEQA
Guidelines, § 15064(f)(1).
2. Background Concerning Initial Studies, Negative Declarations and Mitigated
Negative Declarations
CEQA and CEQA Guidelines are strict and unambiguous about when an MND may
be used. A public agency must prepare an EIR whenever substantial evidence supports
a “fair argument” that a proposed project “may have a significant effect on the
environment.” Pub. Res. Code, §§ 21100, 21151; CEQA Guidelines, §§ 15002, subds.
(f)(1)-(2), 15063; No Oil, Inc., 13 Cal.3d at p. 75; Communities for a Better Environment v.
California Resources Agency (2002) 103 Cal.App.4th 98, 111-112. Essentially, should a lead
agency be presented with a fair argument that a project may have a significant effect on
the environment, the lead agency shall prepare an EIR even though it may also be
presented with other substantial evidence that the project will not have a significant
effect. CEQA Guidelines, §§ 15064, subds. (f)(1)-(2); see No Oil Inc., supra, 13 Cal.3d at
p. 75 (internal citations and quotations omitted). Substantial evidence includes “enough
relevant information and reasonable inferences from this information that a fair
argument can be made to support a conclusion, even though other conclusions might
also be reached.” CEQA Guidelines, § 15384(a).
The fair argument standard is a “low threshold” test for requiring the preparation of an
EIR. No Oil Inc., supra, 13 Cal.3d at p. 84; County Sanitation Dist. No. 2 of Los Angeles
County v. County of Kern (2005) 127 Cal.App.4th 1544, 1579. It “requires the preparation
of an EIR where there is substantial evidence that any aspect of the project, either
individually or cumulatively, may cause a significant effect on the environment,
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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regardless of whether the overall effect of the project is adverse or beneficial[.]” County
Sanitation, supra, 127 Cal.App.4th at p. 1580 (quoting CEQA Guidelines, § 15063(b)(1)).
A lead agency may adopt an MND only if “there is no substantial evidence that the
project will have a significant effect on the environment.” CEQA Guidelines, §
15074(b).
Evidence supporting a fair argument of a significant environmental impact triggers
preparation of an EIR regardless of whether the record contains contrary evidence.
League for Protection of Oakland’s Architectural and Historical Resources v. City of Oakland
(1997) 52 Cal.App.4th 896, 904-905. “Where the question is the sufficiency of the
evidence to support a fair argument, deference to the agency’s determination is not
appropriate[.]” County Sanitation, 127 Cal.App.4th at 1579 (quoting Sierra Club v. County
of Sonoma (1992) 6 Cal.App.4th 1307, 1317-1318).
Further, it is the duty of the lead agency, not the public, to conduct the proper
environmental studies. “The agency should not be allowed to hide behind its own
failure to gather relevant data.” Sundstrom, 202 Cal.App.3d at p. 311. “Deficiencies in
the record may actually enlarge the scope of fair argument by lending a logical
plausibility to a wider range of inferences.” Id; see also Gentry v. City of Murrieta (1995)
36 Cal.App.4th 1359, 1382 (lack of study enlarges the scope of the fair argument which
may be made based on the limited facts in the record).
Thus, refusal to complete recommended studies lowers the already low threshold to
establish a fair argument. The court may not exercise its independent judgment on the
omitted material by determining whether the ultimate decision of the lead agency
would have been affected had the law been followed. Environmental Protection Information
Center v. Cal. Dept. of Forestry (2008) 44 Cal.4th 459, 486 (internal citations and
quotations omitted). The remedy for this deficiency would be for the trial court to
issue a writ of mandate. Id.
Both the review for failure to follow CEQA’s procedures and the fair argument test
are questions of law, thus, the de novo standard of review applies. Vineyard Area
Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal.4th 412, 435.
“Whether the agency’s record contains substantial evidence that would support a fair
argument that the project may have a significant effect on the environment is treated
as a question of law. Consolidated Irrigation Dist., 204 Cal.App.4th at p. 207; Kostka and
Zischke, Practice Under the Environmental Quality Act (2017, 2d ed.) at § 6.76.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
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In an MND context, courts give no deference to the agency. Additionally, the agency
or the court should not weigh expert testimony or decide on the credibility of such
evidence—this is one of the EIR’s responsibilities. As stated in Pocket Protectors v. City of
Sacramento:
Unlike the situation where an EIR has been prepared, neither the lead
agency nor a court may “weigh” conflicting substantial evidence to
determine whether an EIR must be prepared in the first instance.
Guidelines section 15064, subdivision (f)(1) provides in pertinent part: if
a lead agency is presented with a fair argument that a project may have a
significant effect on the environment, the lead agency shall prepare an EIR
even though it may also be presented with other substantial evidence that
the project will not have a significant effect. Thus, as Claremont itself
recognized, [c]onsideration is not to be given contrary evidence
supporting the preparation of a negative declaration.
(2004) 124 Cal.App.4th 903, 935 (internal citations and quotations omitted).
In cases where it is not clear whether there is substantial evidence of significant
environmental impacts, CEQA requires erring on the side of a “preference for
resolving doubts in favor of environmental review.” Mejia v. City of Los Angeles (2005)
130 Cal.App.4th 322, 332 “The foremost principle under CEQA is that the
Legislature intended the act to be interpreted in such manner as to afford the fullest
possible protection to the environment within the reasonable scope of the statutory
language. Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247, 259.
B. There is a Fair Argument that the Project Will Have a Significant Noise
Impact
The very nature of the Project with its massive proposed demolition of an existing
vacant two-story , 10,530-square-foot commercial building and construction of a
massive five-story, 120-room hotel and fast food restaurant with associated parking
(IS/MND, 1-1, 3-1, 4-2) suggests that the Project may have a significant noise impact.
Furthermore, the IS/MND states that there are noise sensitive residential uses located
to the north of the Project Site, it fails to account for other potential noise-sensitive
receptors, such as the residential uses located to the southwest of the Project Site,
Chùa Diệu Pháp Liên Hoa, a place of worship located approximately 588 feet from
the Project Site, or Concentra Urgent Care and Robert Hennessy, both medical offices
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
Page 14 of 17
located approximately 478 feet from the Project Site, according to Google Maps.
Therefore, the IS/MND must be revised and recirculated to adequately account for
the numerous sensitive noise receptors located within the vicinity of the Project Site
and mitigate the Project’s potential impacts.
C. There is a Fair Argument that the Project Will Have a Significant
Transportation Impact
There is a fair argument that the Project will have a significant transportation impact.
As a preliminary matter, the IS/MND states that the “Project would generate 135 new
AM peak hour trips, 101 new PM peak hour trips, and 1,317 new weekday daily trips
(Iteris 2022a).” IS/MND, 5-20. Even further, given the Project’s proposed intensive
use which will include a 67,715-square-foot, 120-room hotel, a 1,200-square-foot walk-
up and drive-thru fast food restaurant, and associated parking to be constructed at the
Project Site which is currently occupied by a vacant, 10,530-square-foot commercial
building, this further suggests the Project will have a significant transportation impact.
In the IS/MND’s Question B Transportation analysis of whether the project would
conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b), the
IS/MND analyzes the Type 1: Transit Priority Area (“TPA”) Screening threshold.
IS/MND, supra, at p. 5-76. Per the Transportation analysis, The City Guidelines states
that a presumption of less than significant impact would not apply if various factors
are true, including if the Project has a Floor Area Ratio (“FAR”) of less than 0.75.
Thus, the Transportation analysis concludes that “the Proposed Project’s FAR is 0.98,
so the FAR exceeds 0.75.” Id. However, this conclusion is flawed.
Based on the IS/MND’s Appendix I VMT Screening Analysis (“Transportation
Report”) prepared by Iteris on December 13, 2022, the estimated FAR for the Project
is 0.98. IS/MND Appendix I, p. 182. However, according to the City’s October 18,
2023 Notice of Intent (“NOI”) to Adopt a Mitigated Negative Declaration and Notice
of Public Hearing, the Project Applicant is seeking the City’s approval of, among other
things, a Conditional Use Permit (“CUP”) “to allow for a Floor Area Ratio (FAR)
greater than permitted by the Zoning Code (0.98 proposed, 0.50 permitted). NOI, 1
[emphasis added.] However, the IS/MND and its Appendix I Transportation Report
rely upon a FAR that has yet to be approved via a CUP. However, merely relying upon
a proposed FAR that must be approved via the CUP is insufficient to conclude that the
Project can be screened out of the VMT analysis. Even further, according to the
IS/MND itself, the Project is seeking a CUP to allow for an FAR of 0.97, which is
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
Page 15 of 17
different from what is stated in the other portions of the IS/MND, the Transportation
Report, or the NOI. Therefore, this number is inconsistent with what was stated in the
screening analysis of the Transportation analysis.
Based on the foregoing, the City should require that a VMT analysis be conducted that
adequately assesses the Project’s potential transportation analysis, and the IS/MND
should be revised and recirculated accordingly.
D. There is a Fair Argument that the Project Will Have a Significant Tribal
Cultural Resources Impact
The IS/MND finds that the Project has the potential to impact a resource determined
to be significant pursuant to the criteria set forth in PRC section 5024.1(c). IS/MND,
5-79-5-80. Thus, the IS/MND proposes mitigation measure MM 18-1 to mitigate such
impact. Id. Specifically, MM 18-1 states:
Prior to the issuance of any grading permit in which native soil, as
identified by the geotechnical report prepared for the project, is disturbed,
the property owner/developer or contractor as designee shall
provide evidence in the form of an executed Agreement to the City
of Anaheim Planning and Building department that they have retained
a qualified Native American tribal monitor to provide third-party
monitoring during excavation and grading activities in native
sediment and to recover and catalogue tribal resources as necessary. The
tribal monitor shall be from or approved by the Gabrieleño Band of
Mission Indians – Kizh Nation. The agreement shall include (i)
professional qualifications of Native American monitor; (ii) detailed scope
of services to be provided including but not limited to pre-construction
education, observation, evaluation, protection, salvage, notification,
and/or curation requirements, as applicable, with final
documentation/report to Public Works Inspector; (iii) contact
information; (iv) communication protocols between Contractor and
Monitor for scheduling to facilitate timely performance; (v)
acknowledgment that if the tribal monitor is unavailable or unresponsive
based on terms stipulated in the agreement, property owner/developer or
contractor as designee may contract with another qualified tribal
monitor acceptable to the City. The selection of the qualified
professional(s) shall be subject to City acceptance based on generally
accepted professional qualifications and certifications, as applicable. The
cover sheet of the grading plans shall include a note to identify that third
party tribal monitoring is required during excavation and grading activities
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
Page 16 of 17
in accordance the with City approved Agreement. Contact information
for approved tribal monitor shall be provided by the contractor to the City
inspector at the pre-construction meeting.
IS/MND, 5-80-5-81. [Emphasis added.]
However, this measure is illusory, improperly deferred, and fails to adequately mitigate
the Project’s impact.
CEQA mitigation measures proposed and adopted are required to describe what
actions will be taken to reduce or avoid an environmental impact. CEQA Guidelines §
15126.4(a)(1)(B) (providing “[f]ormulation of mitigation measures should not be
deferred until some future time”.) While the same Guidelines section 15126.5(a)(1)(B)
acknowledges an exception to the rule against deferrals, such exception is narrowly
proscribed to situations where it is impractical or infeasible to include those details
during the project's environmental review. Moreover, CEQA allows deferral of details
of mitigation measures only “when it is impractical or infeasible to include those details
during the project’s environmental review.” (Id.) CEQA further requires: “that the
agency (1) commits itself to the mitigation, (2) adopts specific performance standards
the mitigation will achieve, and (3) identifies the type(s) of potential action(s) that can
feasibly achieve that performance standard…” Guidelines § 15126.4(a)(1)(B).
Here, this mitigation measure language is illusory because it requires that the City and
the property owner/developer or contractor execute an Agreement at some time
“prior to the issuance of any grading permit.” However, the IS/MND provides no
justification for why this referenced Agreement cannot be executed prior to the
Project’s approval, and it provides no date certain for when this will take place.
Furthermore, the mitigation measure’s requirement that a qualified Native American
tribal monitor be retained and that the future Agreement provide the monitor’s
qualifications at some later date after the Project has been approved is illusory.
In addition, nothing in this mitigation measures suggests the adoption of specific
performance standards that this proposed mitigation will achieve. For the foregoing
reasons, the mitigation measures is illusory, deferred, and fails to adopt specific
performance standards. Thus, there is a fair argument that the Project will have a
significant tribal cultural resources impact.
City of Anaheim – La Quinta Inn & Suites
December 4, 2023
Page 17 of 17
IV. CONCLUSION
Based on the foregoing, the City should prepare an Environmental Impact Report for
the Project since there is a fair argument that the Project will result in significant
environmental impacts. However, at the very least, the City must revise the IS/MND
for the Project to address the aforementioned concerns.
Sincerely,
____________________________
Stephanie Papayanis
Attorneys for Western States
Regional Council of Carpenters
Attached:
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and
Considerations for Greenhouse Gas Modeling (Exhibit A);
Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B); and
Air Quality and GHG Expert Matt Hagemann CV (Exhibit C).
EXHIBIT A
1
2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
mhagemann@swape.com
Paul E. Rosenfeld, PhD
(310) 795-2335
prosenfeld@swape.com
March 8, 2021
Mitchell M. Tsai
155 South El Molino, Suite 104
Pasadena, CA 91101
Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling
Dear Mr. Tsai,
Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report
explaining the significance of worker trips required for construction of land use development projects with
respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for
local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the
potential GHG impacts.
Worker Trips and Greenhouse Gas Calculations
The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model
designed to provide a uniform platform for government agencies, land use planners, and environmental
professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both
construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related
emissions associated with land use projects resulting from off-road construction equipment; on-road mobile
equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition,
truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating
activities; and paving.2
The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated
with the on-road vehicle trips required to transport workers to and from the Project site during construction.3
1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home.
2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home.
3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/01 user-39-s-guide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34.
2
Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”)
associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod
calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT,
including personal vehicles for worker commuting.4
Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip
length (see excerpt below):
“VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n
Where:
n = Number of land uses being modeled.”5
Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following
equation (see excerpt below):
“Emissionspollutant = VMT * EFrunning,pollutant
Where:
Emissionspollutant = emissions from vehicle running for each pollutant
VMT = vehicle miles traveled
EFrunning,pollutant = emission factor for running emissions.”6
Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT
and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running
emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall
trip length, by way of a local hire requirement or otherwise.
Default Worker Trip Parameters and Potential Local Hire Requirements
As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to
calculate emissions associated with the on-road vehicle trips required to transport workers to and from the
Project site during construction.7 In order to understand how local hire requirements and associated worker trip
length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker
trip parameters. CalEEMod provides recommended default values based on site-specific information, such as
land use type, meteorological data, total lot acreage, project type and typical equipment associated with project
type. If more specific project information is known, the user can change the default values and input project-
specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by
substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the
4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15.
5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 23.
6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 15.
7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/01 user-39-s-guide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34.
8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9.
5
Disclaimer
SWAPE has received limited discovery. Additional information may become available in the future; thus, we
retain the right to revise or amend this report when additional information becomes available. Our professional
services have been performed using that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable environmental consultants practicing in this or similar localities at the time of
service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and
protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which
were limited to information that was reasonably accessible at the time of the work, and may contain
informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of
information obtained or provided by third parties.
Sincerely,
Matt Hagemann, P.G., C.Hg.
Paul E. Rosenfeld, Ph.D.
Location Type Location Name Rural H-W
(miles)
Urban H-W
(miles)
Air Basin Great Basin 16.8 10.8
Air Basin Lake County 16.8 10.8
Air Basin Lake Tahoe 16.8 10.8
Air Basin Mojave Desert 16.8 10.8
Air Basin Mountain 16.8 10.8
Air Basin North Central 17.1 12.3
Air Basin North Coast 16.8 10.8
Air Basin Northeast 16.8 10.8
Air Basin Sacramento 16.8 10.8
Air Basin Salton Sea 14.6 11
Air Basin San Diego 16.8 10.8
Air Basin San Francisco
10.8 10.8
Air Basin San Joaquin 16.8 10.8
Air Basin South Central 16.8 10.8
Air Basin South Coast 19.8 14.7
Air District Amador County 16.8 10.8
Air District Antelope Valley 16.8 10.8
Air District Bay Area AQMD 10.8 10.8
Air District Butte County 12.54 12.54
Air District Calaveras
16.8 10.8
Air District Colusa County 16.8 10.8
Air District El Dorado
16.8 10.8
Air District Feather River 16.8 10.8
Air District Glenn County 16.8 10.8
Air District Great Basin 16.8 10.8
Air District Imperial County 10.2 7.3
Air District Kern County 16.8 10.8
Air District Lake County 16.8 10.8
Air District Lassen County 16.8 10.8
Air District Mariposa
16.8 10.8
Air District Mendocino
16.8 10.8
Air District Modoc County 16.8 10.8
Air District Mojave Desert 16.8 10.8
Air District Monterey Bay
16.8 10.8
Air District North Coast
16.8 10.8
Air District Northern Sierra 16.8 10.8
Air District Northern
16.8 10.8
Air District Placer County 16.8 10.8
Air District Sacramento 15 10
Attachment A
Air District San Diego
16.8 10.8
Air District San Joaquin
16.8 10.8
Air District San Luis Obispo
13 13
Air District Santa Barbara
8.3 8.3
Air District Shasta County 16.8 10.8
Air District Siskiyou County
16.8 10.8
Air District South Coast 19.8 14.7
Air District Tehama County 16.8 10.8
Air District Tuolumne 16.8 10.8
Air District Ventura County 16.8 10.8
Air District Yolo/Solano 15 10
County Alameda 10.8 10.8
County Alpine 16.8 10.8
County Amador 16.8 10.8
County Butte 12.54 12.54
County Calaveras 16.8 10.8
County Colusa 16.8 10.8
County Contra Costa 10.8 10.8
County Del Norte 16.8 10.8
County El Dorado-Lake 16.8 10.8
County El Dorado-16.8 10.8
County Fresno 16.8 10.8
County Glenn 16.8 10.8
County Humboldt 16.8 10.8
County Imperial 10.2 7.3
County Inyo 16.8 10.8
County Kern-Mojave 16.8 10.8
County Kern-San 16.8 10.8
County Kings 16.8 10.8
County Lake 16.8 10.8
County Lassen 16.8 10.8
County Los Angeles-16.8 10.8
County Los Angeles-19.8 14.7
County Madera 16.8 10.8
County Marin 10.8 10.8
County Mariposa 16.8 10.8
County Mendocino-16.8 10.8
County Mendocino-16.8 10.8
County Mendocino-16.8 10.8
County Mendocino-16.8 10.8
County Merced 16.8 10.8
County Modoc 16.8 10.8
County Mono 16.8 10.8
County Monterey 16.8 10.8
County Napa 10.8 10.8
County Nevada 16.8 10.8
County Orange 19.8 14.7
County Placer-Lake 16.8 10.8
County Placer-Mountain 16.8 10.8
County Placer-16.8 10.8
County Plumas 16.8 10.8
County Riverside-16.8 10.8
County Riverside-
19.8 14.7
County Riverside-Salton 14.6 11
County Riverside-South 19.8 14.7
County Sacramento 15 10
County San Benito 16.8 10.8
County San Bernardino-
16.8 10.8
County San Bernardino-
19.8 14.7
County San Diego 16.8 10.8
County San Francisco 10.8 10.8
County San Joaquin 16.8 10.8
County San Luis Obispo 13 13
County San Mateo 10.8 10.8
County Santa Barbara-
8.3 8.3
County Santa Barbara-
8.3 8.3
County Santa Clara 10.8 10.8
County Santa Cruz 16.8 10.8
County Shasta 16.8 10.8
County Sierra 16.8 10.8
County Siskiyou 16.8 10.8
County Solano-15 10
County Solano-San 16.8 10.8
County Sonoma-North 16.8 10.8
County Sonoma-San 10.8 10.8
County Stanislaus 16.8 10.8
County Sutter 16.8 10.8
County Tehama 16.8 10.8
County Trinity 16.8 10.8
County Tulare 16.8 10.8
County Tuolumne 16.8 10.8
County Ventura 16.8 10.8
County Yolo 15 10
County Yuba 16.8 10.8
Statewide Statewide 16.8 10.8
Air Basin Rural (miles)Urban (miles)
Great Basin Valleys 16.8 10.8
Lake County 16.8 10.8
Lake Tahoe 16.8 10.8
Mojave Desert 16.8 10.8
Mountain Counties 16.8 10.8
North Central Coast 17.1 12.3
North Coast 16.8 10.8
Northeast Plateau 16.8 10.8
Sacramento Valley 16.8 10.8
Salton Sea 14.6 11
San Diego 16.8 10.8
San Francisco Bay Area 10.8 10.8
San Joaquin Valley 16.8 10.8
South Central Coast 16.8 10.8
South Coast 19.8 14.7
Average 16.47 11.17
Mininum 10.80 10.80
Maximum 19.80 14.70
Range 9.00 3.90
Worker Trip Length by Air Basin
11.0 Vegetation
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:52 PMPage 44 of 44
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Annual
11.0 Vegetation
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:54 PMPage 35 of 35
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Summer
11.0 Vegetation
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:49 PMPage 35 of 35
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Winter
11.0 Vegetation
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:26 PMPage 44 of 44
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Annual
11.0 Vegetation
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:29 PMPage 35 of 35
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Summer
11.0 Vegetation
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type
Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type
User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:30 PMPage 35 of 35
Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Winter
Total Construction GHG Emissions (MT CO2e)3,623
Amortized (MT CO2e/year) 120.77
Total Construction GHG Emissions (MT CO2e)3,024
Amortized (MT CO2e/year) 100.80
% Decrease in Construction-related GHG Emissions 17%
Local Hire Provision Net Change
With Local Hire Provision
Without Local Hire Provision
Attachment C
EXHIBIT B
SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.
Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: prosenfeld@swape.com
Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling
Principal Environmental Chemist Risk Assessment & Remediation Specialist
Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.
M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.
B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.
Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for
evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and
transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.
Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills,
boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial
and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to
evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities.
Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites
containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents,
pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate,
asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among
other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is
an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance
impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld
directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about
pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on
more than ten cases involving exposure to air contaminants from industrial sources.
Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019
Professional History:
Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner
UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher)
UCLA School of Public Health; 2003 to 2006; Adjunct Professor
UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator
UCLA Institute of the Environment, 2001-2002; Research Associate
Komex H2O Science, 2001 to 2003; Senior Remediation Scientist
National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor
Anteon Corp., San Diego, 2000-2001; Remediation Project Manager
Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager
Bechtel, San Diego, California, 1999 – 2000; Risk Assessor
King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist
Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist
Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist
Publications:
Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil
Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48
Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property
Value. Journal of Real Estate Research. 27(3):321-342
Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C.,
(2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated
Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.
Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.
Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and
Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.
Procedia Environmental Sciences. 113–125.
Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and
Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal
of Environmental Health. 73(6), 34-46.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living
near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air
Pollution, 123 (17), 319-327.
Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid
Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two
Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins
And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527-
000530.
Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near
a Former Wood Treatment Facility. Environmental Research. 105, 194-197.
Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for
Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.
Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater,
Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.
Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food,
Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science
and Technology. 49(9),171-178.
Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme
For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC)
2004. New Orleans, October 2-6, 2004.
Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities,
and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science
and Technology, 49( 9), 171-178.
Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from
Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.
Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using
High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management
Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.
Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water
Soil and Air Pollution. 127(1-4), 173-191.
Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal
of Environmental Quality. 29, 1662-1668.
Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor
emissions and microbial activity. Water Environment Research. 73(4), 363-367.
Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and
Biosolids Odorants. Water Environment Research, 73, 388-393.
Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.
Water Environment Research. 131(1-4), 247-262.
Paul E. Rosenfeld, Ph.D. Page 4 of 10 June 2019
Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and
distributed by the City of Redmond, Washington State.
Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).
Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users
Network, 7(1).
Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids
Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.
Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters
thesis reprinted by the Sierra County Economic Council. Sierra County, California.
Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third
World. Bachelors Thesis. University of California.
Presentations:
Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile
organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American
Chemical Society. Lecture conducted from Santa Clara, CA.
Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.;
Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.
Urban Environmental Pollution. Lecture conducted from Boston, MA.
Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse,
R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis,
Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.
Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS)
Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United
States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted
from Tuscon, AZ.
Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United
States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the
United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting . Lecture
conducted from Tuscon, AZ.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in
populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air
Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and
Management of Air Pollution. Lecture conducted from Tallinn, Estonia.
Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing
Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from
University of Massachusetts, Amherst MA.
Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A
Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant . The 23rd Annual International
Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst
MA.
Paul E. Rosenfeld, Ph.D. Page 5 of 10 June 2019
Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment
Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted
from University of Massachusetts, Amherst MA.
Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3-
Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting . Lecture
conducted from San Diego, CA.
Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala,
Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And
Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on
Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia
Hotel in Oslo Norway.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And
Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting &
Exposition. Lecture conducted from Boston Massachusetts.
Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel,
Philadelphia, PA.
Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human
Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton
Hotel, Irvine California.
Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA
Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.
Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater
Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.
Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from
Sheraton Oceanfront Hotel, Virginia Beach, Virginia.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related
Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.
Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human
Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and
Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability
and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental
Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.
Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.
Lecture conducted from Phoenix Arizona.
Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.
Meeting of tribal representatives. Lecture conducted from Parker, AZ.
Paul E. Rosenfeld, Ph.D. Page 6 of 10 June 2019
Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.
Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento,
California.
Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh
International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical
Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus
Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.
Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California
CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.
Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA
Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and
Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water
Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.
Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association . Lecture
conducted from Barcelona Spain.
Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.
Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..
Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a
Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from
Indianapolis, Maryland.
Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water
Environment Federation. Lecture conducted from Anaheim California.
Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted
from Ocean Shores, California.
Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery
Association. Lecture conducted from Sacramento California.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur
Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th
Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue
Washington.
Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil
Science Society of America. Lecture conducted from Salt Lake City Utah.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from
Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington.
Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from
Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.
Paul E. Rosenfeld, Ph.D. Page 7 of 10 June 2019
Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur
Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th
Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue
Washington.
Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three
Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim
California.
Teaching Experience:
UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science
100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on
the health effects of environmental contaminants.
National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New
Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage
tanks.
National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1,
2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.
California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San
Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.
UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation
Technologies focusing on Groundwater Remediation.
University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry,
Organic Soil Amendments, and Soil Stability.
U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.
Academic Grants Awarded:
California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.
Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.
Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.
Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.
King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of
Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on
VOC emissions. 1998.
Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of
polymers and ash on VOC emissions from biosolids. 1997.
James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered
Poplar trees with resistance to round-up. 1996.
United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the
Tahoe National Forest. 1995.
Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts
in West Indies. 1993
Paul E. Rosenfeld, Ph.D. Page 8 of 10 June 2019
Deposition and/or Trial Testimony:
In the United States District Court For The District of New Jersey
Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.
Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
In the United States District Court of Southern District of Texas Galveston Division
M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido”
Defendant.
Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237
Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica
Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants
Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica
The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants
Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19
In United States District Court For The District of Colorado
Bells et al. Plaintiff vs. The 3M Company et al., Defendants
Case: No 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District
Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants
Cause No 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa
Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants
Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois
Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants
Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In The Superior Court of the State of California, For The County of Los Angeles
Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC
Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division
Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants
Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
Paul E. Rosenfeld, Ph.D. Page 9 of 10 June 2019
In The Superior Court of the State of Washington, County of Snohomish
Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants
Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda
Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants
Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants
Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants
Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants
Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.
Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Third Judicial District County of Dona Ana, New Mexico
Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward
DeRuyter, Defendants
Rosenfeld Deposition: July 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant
Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida
Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.
Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the United States District Court Western District of Oklahoma
Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City
Landfill, et al. Defendants.
Case No. 5:12-cv-01152-C
Rosenfeld Deposition: July 2014
Paul E. Rosenfeld, Ph.D. Page 10 of 10 June 2019
In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.
Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants
Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987)
Rosenfeld Deposition: October 2012
In the United States District Court of Southern District of Texas Galveston Division
Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and
on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant.
Case 3:10-cv-00622
Rosenfeld Deposition: February 2012
Rosenfeld Trial: April 2013
In the Circuit Court of Baltimore County Maryland
Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants
Case Number: 03-C-12-012487 OT
Rosenfeld Deposition: September 2013
EXHIBIT C
1640 5th St.., Suite 204 Santa
Santa Monica, California 90401
Tel: (949) 887‐9013
Email: mhagemann@swape.com
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
Geologic and Hydrogeologic Characterization
Industrial Stormwater Compliance
Investigation and Remediation Strategies
Litigation Support and Testifying Expert
CEQA Review
Education:
M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.
B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.
Professional Certifications:
California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
Professional Experience:
Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine
years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science
Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from
perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of
the assessment of seven major military facilities undergoing base closure. He led numerous enforcement
actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working
with permit holders to improve hydrogeologic characterization and water quality monitoring.
Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the
application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt
has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of
Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques.
Positions Matt has held include:
•Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present);
•Geology Instructor, Golden West College, 2010 – 2014;
•Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003);
• Executive Director, Orange Coast Watch (2001 – 2004);
• Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989–
1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000);
• Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 –
1998);
• Instructor, College of Marin, Department of Science (1990 – 1995);
• Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).
Senior Regulatory and Litigation Support Analyst:
With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 100 environmental impact reports
since 2003 under CEQA that identify significant issues with regard to hazardous waste, water
resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic
hazards. Make recommendations for additional mitigation measures to lead agencies at the
local and county level to include additional characterization of health risks and
implementation of protective measures to reduce worker exposure to hazards from toxins
and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at industrial facilities.
• Manager of a project to provide technical assistance to a community adjacent to a former
Naval shipyard under a grant from the U.S. EPA.
• Technical assistance and litigation support for vapor intrusion concerns.
• Lead analyst and testifying expert in the review of environmental issues in license applications
for large solar power plants before the California Energy Commission.
• Manager of a project to evaluate numerous formerly used military sites in the western U.S.
• Manager of a comprehensive evaluation of potential sources of perchlorate contamination in
Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the
review of releases of gasoline to sources drinking water at major refineries and hundreds of gas
stations throughout California.
• Expert witness on two cases involving MTBE litigation.
• Expert witness and litigation support on the impact of air toxins and hazards at a school.
• Expert witness in litigation at a former plywood plant.
With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony
by the former U.S. EPA Administrator and General Counsel.
• Senior researcher in the development of a comprehensive, electronically interactive chronology
of MTBE use, research, and regulation.
• Senior researcher in the development of a comprehensive, electronically interactive chronology
of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking
water treatment, results of which were published in newspapers nationwide and in testimony
against provisions of an energy bill that would limit liability for oil companies.
• Research to support litigation to restore drinking water supplies that have been contaminated by
MTBE in California and New York.
2
• Expert witness testimony in a case of oil production‐related contamination in Mississippi.
• Lead author for a multi‐volume remedial investigation report for an operating school in Los
Angeles that met strict regulatory requirements and rigorous deadlines.
3
• Development of strategic approaches for cleanup of contaminated sites in consultation with
clients and regulators.
Executive Director:
As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange
County beaches from multiple sources of contamination including urban runoff and the discharge of
wastewater. In reporting to a Board of Directors that included representatives from leading Orange
County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection
of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the
development of countywide water quality permits for the control of urban runoff and permits for the
discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including
Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business
institutions including the Orange County Business Council.
Hydrogeology:
As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to
characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point
Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army
Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of
monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and
groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory
analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation
development through work on four national U.S. EPA workgroups, including the Superfund
Groundwater Technical Forum and the Federal Facilities Forum.
At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of
groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to
show zones of vulnerability, and the results were adopted and published by the State of Hawaii and
County of Maui.
As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the
Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included
the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for
the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities
through designation under the Safe Drinking Water Act. He prepared geologic reports,
conducted public hearings, and responded to public comments from residents who were very
concerned about the impact of designation.
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• Reviewed a number of Environmental Impact Statements for planned major developments,
including large hazardous and solid waste disposal facilities, mine reclamation, and water
transfer.
Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance
with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste.
• Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed
the basis for significant enforcement actions that were developed in close coordination with U.S.
EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.
With the National Park Service, Matt directed service‐wide investigations of contaminant sources to
prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the
Clean Water Act to control military, mining, and landfill contaminants.
• Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and
Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico
and advised park superintendent on appropriate response actions under CERCLA.
• Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a
national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while
serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal
watercraft and snowmobiles, these papers serving as the basis for the development of nation‐
wide policy on the use of these vehicles in National Parks.
• Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water
Action Plan.
Policy:
Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection
Agency, Region 9. Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the
potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking
water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing
to guidance, including the Office of Research and Development publication, Oxygenates in
Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff.
• Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in
negotiations with the Administrator and senior management to better integrate scientific
principles into the policy‐making process.
• Established national protocol for the peer review of scientific documents.
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Geology:
With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for
timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical
models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource
protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the
city of Medford, Oregon.
As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later
listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern
Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling.
• Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.
Teaching:
From 1990 to 1998, Matt taught at least one course per semester at the community college and university
levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in
environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater
contamination.
• Served as a committee member for graduate and undergraduate students.
• Taught courses in environmental geology and oceanography at the College of Marin.
Matt taught physical geology (lecture and lab and introductory geology at Golden West College in
Huntington Beach, California from 2010 to 2014.
Invited Testimony, Reports, Papers and Presentations:
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public
Environmental Law Conference, Eugene, Oregon.
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.
EPA Region 9, San Francisco, California.
Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and
Public Participation. Brownfields 2005, Denver, Coloradao.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las
Vegas, NV (served on conference organizing committee).
Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at
schools in Southern California, Los Angeles.
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Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE
Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.
Presentation to the Ground Water and Environmental Law Conference, National Groundwater
Association.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust,
Phoenix, AZ (served on conference organizing committee).
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy
of Sciences, Irvine, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a
tribal EPA meeting, Pechanga, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a
meeting of tribal repesentatives, Parker, AZ.
Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water
Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.
Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.
Invited presentation to the U.S. EPA Region 9.
Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited
presentation to the California Assembly Natural Resources Committee.
Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of
the National Groundwater Association.
Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a
meeting of the National Groundwater Association.
Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address
Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental
Journalists.
Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater
(and Who Will Pay). Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage
Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and
State Underground Storage Tank Program managers.
Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished
report.
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Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.
Unpublished report.
Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage
Tanks. Unpublished report.
Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related
to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.
VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft
Usage. Water Resources Division, National Park Service, Technical Report.
Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright
Society Biannual Meeting, Asheville, North Carolina.
Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund
Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.
Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air
Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.
Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic
Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui,
October 1996.
Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu,
Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air
and Waste Management Association Publication VIP‐61.
Hagemann, M.F., 1994. Groundwater Characterization and Cleanup at Closing Military Bases
in California. Proceedings, California Groundwater Resources Association Meeting.
Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater
Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of
Groundwater.
Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐
contaminated Groundwater. California Groundwater Resources Association Meeting.
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Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of
Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.
Other Experience:
Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐
2011.
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