CC 06-07-2022 Oral Communications_Additional Written CommunicationsFrom:Kirsten Squarcia
To:Lauren Sapudar
Subject:FW: Cupertino PUBLIC COMMENT - Comments Santa Clara County Agenda Item #29 Lehigh
Date:Tuesday, June 7, 2022 8:16:05 PM
Attachments:2022-6-6 BOS LEHIGH VIOLATIONS COMMENTS.pdf
labor safety NEW.PDF
2013 Lehigh Fire - reduced file size.pdf
Hernandez - lists criminal counts.pdf
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Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
408)777-3225
From:Rhoda Fry fryhouse@earthlink.net>
Sent:Monday,June 6,2022 5:27 PM
To:Cupertino City Manager's Office citymanager@cupertino.org>;City Council
CityCouncil@cupertino.org>;City Clerk CityClerk@cupertino.org>
Subject:Cupertino PUBLIC COMMENT Comments Santa Clara County Agenda Item 29 Lehigh
CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Council,
On June 7,Lehigh will be on the Santa Clara County Board of Supervisors meeting Agenda Item 29.
Attached are my comments and supporting files.
Regards,
Rhoda Fry
From:Jin Hui Bai
To:City Clerk
Subject:Oral Communications
Date:Tuesday, June 7, 2022 7:10:46 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Council:
I have watched the Cupertino Planning Commission meetings and the Housing
Element Strategic Advisory Committee meetings for the past several months.
I appreciate the transparency of these meetings and the ability for residents to voice
their suggestions and concerns on the Housing Element.
I was especially pleased to see the RHNA Site Selection return to the Planning
Commission on May 24th for a second round of discussion, only made possible by
the delay in the Site Selection being discussed by the City Council.
It was also helpful to have the excellent presentation on transportation by Planning
Commission Chair Scharf on May 24th, and the agreement by Luke Connolly, at the
June 6th Strategic Advisory Committee meeting, that transportation issues be
included in the AFFH survey that the City is preparing. Transportation is a vital
concern of low-income residents that cannot remote-work.
Planning Commission Chair Scharf, and Strategic Advisory Committee Chair Moore
have run their meetings in an exemplary manner with plenty of opportunity for
members of the public to speak. But it is clear that everyone is frustrated by the slow
progress.
The delays in Cupertino’s sixth cycle Housing Element are inexcusable. These delays
are caused by a lack of expeditious work by EMC and Cupertino’s Planning
Department. In every meeting, when the chairs of the Planning Commission and
Strategic Advisory Committee try to expedite the process they are told that further
delays are necessary, but without any explanation as to the cause of these delays,
only vague excuses. This is upsetting to members of the public, especially those that
have agreed to have their properties be included as Housing Element Sites.
The Housing Element process is moving along much too slowly. Other cities in the
region already have their draft Housing Elements completed. It will be difficult for the
Planning Commission and the City Council to make up for the delays being caused by
EMC and the Planning Department.
The Mayor and City Manager need to step in and work with both EMC and the
Planning Department to speed things up. These delays are unreasonable,
unacceptable, and inexcusable.
Thank You
Jin Hui Bai
18 year Cupertino Resident
MM DD YYYY ILapo80 .I |9J LulLalL2Q.13l |±9L 113-0270009 lLJPPJ EchangeFD|D * State* Incident Date * Station Incident Number * Exposure * HNo
a Location*
EIIII
Street addrega
Intersection
In front of
Rear of
Adjacent to
EDirections
EMedule ln Section a nA1[eraacive Locacion Specification". Use only for Wildland fire8
I 24o01| LJ STEVENS CREEK
Number/Milepost Pref ix Street or Highway
I_I CUPERTINO
Apt./Suite/Room C`ity
I _ I-LJ
IBL I LJ
Street Type Su€fix
l£±Jl95ol4 I-I I
State Zip Code
C Incident Tape *
Of f -road vehicle or heavy
Incident Type
D Aid Given or Received*
1 EHutual aid received
2 EAutonatic aid recv.
3 Emutual aid given
4 HAutonatic aid given
5 Eother aid given
N EE]None
LILJ
Their FI)ID TheirState
11
The i r
Incident Number
EI Date a Times rfudnight is oooo
check bc»ces if Month Day Year Hr Hip see
8:::T=a:rfi:E: ALAIM always requiredDate. A|am* LQ±] |j]j I 2013||05:42i:15|
ARRIVAI, required, unless canceled or did not arrive
E Arrival* |J±| L2JJ| 2013|!05:54:24!
CONTROLLED Optional, Except for wildland f ires
Econtro]]ed LL LL L__ I, ,LasT UNIT CLEARED, required except for wildland fires
E I:::a:n=t LP±| L£ZJ |L£±±||_±7:50:54__I
E2 Shit t a Alarms
Local Option
EL LqlcT¥ I
Shift or Alarms District
Platoon
E3Special Studies
Local OptionL-L-SpecialStudy ID# §:::;ataiue
F Actions Taken*
lLLl Extinguishment by f ire
Lu Incident command
E] EE ,Provide f ire
Completed Modules
EFire-2IIIIII
S t rue ture - 3
Civil Fire Gas.-4
Fire Serv. Gag.-5
EKS - 6
HazMat-7
Wildland Fire-8
EE]APparatus-9
EE]Persormel-|o
EE]Arson-11
GI Resources *E
Apparatus Personnel
Suppression I OolQ.I I 0032|EmsL--
other L J L i
H1*CagualtiegENone
Deaths Injuries::::ice L- L-
civi|ianL|L I
H2 Detector
Required for Confined Fires.
1 EDetector alert.ed occupants
2EDetector did not alert then
u I uninoun
I Property use* Structures
131 Hchurcb, place of worsbip
161 I Restaurant or cafeteria
162 |Bar/Tavern or nightclub
213 HElementary school or kindergarten
215 EHigh school or junior high
241 HCollege, adult education
311 Hcare facility for the aged
331 HHospical
Outside
124 Eplayground or park
655 Ecrops or orchard
669 HForegt (timberland)
807 HOutdoor storage area
919 EDump or Sanitary landfill
931 EOpen land or field
Fire Department
G2 Estimated Dollar Losses a Values
LOSSES: Required for all fires if known. Optionalfor non fires. None
propertys| oo?1,I oQQL| ooo| I
contentssL I,I ooo|,I OOQJ E
PRE-INCIDENT VAI.UE: optional
property s|_. .J'|. OOQ_I,L. ooo| I
contents sL J'L_ ooo_I,L OOQ.I E
3 Hazardous Materials ReleaseIINone
Natural Gas : Blow leak, ao ovauation oz. Hazmt acciofie
Hpropane gas: <2i ii]. tanic (aB ia hone BBQ grill)II Gasoline : vohlcle fuel canlc or pogtal.l® concaia®r
Kerosene : fuel burning equipment or portable 8torago
EDiegel fuel/fuel Oil:vehicle fuel tank or portableIIII
HOusehold SOIventg : hone/o££ice 8pill, cleanup ol`1y
Motor Oil : £ron engine o= portable contaiaor
Paint: £ron paiac cane totaling < 55 9allonB
Other: Special Eazllat actioaB r®q`iirod or apill > 55g®1.,
341 I clinic,clinic type infirmary
342EDoctor/dentist office
361Hprison or jail, not juvenile
419H 1-or 2-family dwelling
42 9 I Multi-family dwelling
43 9 I Roaming/boarding house
449HCormercial hotel or motel
459EResidential, board and care
4 6 4 I Dor.mitory/barracks
519D Food and beverage sales
936 Evacant lot
938 EGraded/care for plot of land
946 EI-ake, river, Stream
951 HRailroad right of way
960 Hother street
961 HHighway/divided bighway
962 HResidential street/driveway
I Mixed Use Property
Not Mixed
Asseul3ly use
Education use
Medical use
Residential use
Row of stores
Enclosed mall
Bus. a Residential
of I ice useIndustrial use
Military use
Farm use
other mixed use
539 I Household goods,sales,repairs
579 I Motor vehicle/boat Bales/repair
571 I Gas or service station
599 I Bugilless office
615 I Electric generating plant
629 I I.aboratory/science lab
700 I Manufacturing plant
819 HI]ivegtock/poultry storage (barn)
882 I Non-residential parking garage
891 I Warehouse
981 I Construction site
984 I Industrial plant yard
;g:k:gv:nsosn:a:cfe:r:p3=53e¥:; 8ggeb8£+y i f
Propertyuse |679 I
Mine, quarry
NFIRS-1 sion 03
01/27/2013 13-0270009
KI Person/Entity Involved
I.ocal option
[1
LEHIGH SOUTHWEST CEMENT COMPANY
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK
SABAWI
|408 I-|996 I-|4231 I
Area Code Phone Number
11
CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
Apt./Suite/Room city
LEal i95Oi4 I_, I
State zip C.ode
More people involved? Check this box and attach Supplemental Forms (NFIRS-1S) as flecegBary
K2 0uner I i;:: :£e:;r:3:§±3;V:1::a?skip
The rest o£ Chi§ section.
Local Option
11
LEHIGH SOUTHWEST CEMENT COMPANY
CEMENT GROUP
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK
HEIDELBERG
|408 I-|996 I-|4231 I
Area Code Phone Number
Post Of i ice Box
LEI |95oi4 ,_, ,
State zip Code
L-Apt . /Suite/Room
CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
L Remarks
I.ocal option
1. Engine 16, Rescue 14, and Battalion 14 responded to report of a possible vegetation fire
in the hills near Freeway 280. Additional information from County Communications indicated
an updated location at the Lehigh Cement Quarry. Battalion 14 upgraded the response to a
structure response, causing Engine 7 to be attached to the call.
2. Engine 16 and Battalion 14 arrived on scene concurrently at the security gate of the
Lehigh Cement Plant. They were met by an escort car, who escorted both units to the fire
scene approximately 2 miles uphill from the gate. Battalion 14 established Lehigh Incident
Command, and Engine 16 crew arrived to f ind a row of very large dump trucks parked
side-by-side with 4 vehicles fully involved with f ire and two trucks being threatened by
f ire .
3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.
Rescue 14 crew was assigned Water Supply and their personnel evaluated the water sources on
scene, which consisted of water storage tanks and water tenders. Incident Command requested
two additional fire engines.
Engine 7 crew arrived and was assigned to Fire Attack. Battalion 2, Engine 1, and Engine 2
arrived. Battalion 2 was assigned Safety Officer and both Engine 1 and Engine 2 crews were
assigned to Water Supply. These units provided their tank water and provided water shuttle
operat ions .
in agency representative from Lehigh provided a driver who was able to move the two trucks
being threatened by fire. The two outside trucks were moved to a safe location. A
continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting
L Authorization
116475 J
Off icer in charge ID
=:fDEE= -_ I
as of I icer Member making report |Din change.
Salazar, Richard
Signature
Mayf ield, David
lBC I lE16 I L£±] |±±J| 2013|
Position or ranlc Assignment Month Day Year
|c I |E16 |LHLE| 2013|
Position or rank Assignment Month Day Year
43080 01/27/2013 13-0270009
MM DD YYYY CompleteNarrative
I 43080 I |£±J |LJ L2|J I 2013 I I Ilo I I 13-0270009 I I ooo I
FDID * State * Incident Date * Station Incident Number * Exposiire *
Narrative :
1. Engine 16, Rescue 14, and Battalion 14 responded to report of a possible vegetation fire
in the hills near Freeway 280. Additional information from County Communications indicated
an updated location at the Lehigh Cement Quarry. Battalion 14 upgraded the response to a
structure response, causing Engine 7 to be attached to the call.
2. Engine 16 and Battalion 14 arrived on scene concurrently at the security gate of the
Lehigh Cement Plant. They were met by an escort car, who escorted both units to the fire
scene approximately 2 miles uphill from the gate. Battalion 14 established Lehigh Incident
Command, and Engine 16 crew arrived to f ind a row of very large dump trucks parked
side-by-side with 4 vehicles fully involved with f ire and two trucks being threatened by
f ire .
3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.
Rescue 14 crew was assigned Water Supply and their personnel evaluated the water sources on
scene, which consisted of water storage tanks and water tenders. Incident Command requested
two additional fire engines.
Engine 7 crew arrived and was assigned to Fire Attack. Battalion 2, Engine 1, and Engine 2
arrived. Battalion 2 was assigned Safety Officer and both Engine 1 and Engine 2 crews were
assigned to Water Supply. These units provided their tank water and provided water shuttle
operations .
An agency representative f ron Lehigh provided a driver who was able to move the two trucks
being threatened by fire. The two outside trucks were moved to a safe location. A
continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting by
Rescue 14 crew from a stationary tank, and from water pumped into Engine 16's tank overflow
box by two water tenders provided by Lehigh Cement Plant.
We found fuel and hydraulic fluid leaking from all of the burning trucks. A representative
from Lehigh Cement was able to use a bulldozer to build a dike around the leaking f luids for
containment. The fire was brought under control approximately an hour and forty minutes after
Engine 16's crew arrived.
Investigator Davis arrived later and started investigating the cause and origin of the fires.
Pacif ic Gas and Electric was initially notif led and responded to the front gate of the
complex, but they were canceled by the facility's representative because the power lines in
question are on private property and maintained by Lehigh Cement Plant employees.
4. Multiple representatives from Lehigh Cement Plant were present throughout the event to
assist fire department personnel. The City Manager of Cupertino also was notified.
Other three involved vehicle's information:
#2 . Caterpillar, Model 777C, VIN: 4X.00525, year is 2000.
#3 . Caterpillar, Model 777D, VIN: AGC00478, year is 2001
#4 . Caterpillar, Model 777D, BIN: AGC2531, year is 2006
43080 01/27/2013
A i43o8o I lad iE]ij2HJ¥±] Lpei ii3-o27ooog I Ljpp] E]::::::
FDID * State* |nc.ident Date * Station Incident Number * Exposure * ENO Activity
a Property Details
81 I I ENotReBidentialEstimated Number of residential. living units in
building of origin whether or not al.i units
became involved
82 I__ I EBuildings not involved
Number of buildings involved
83 I__ I ENone
Acres burned
(outside f ires) EIIess than one acre
C on-Si te Material g E None ::gp:::eoifc:::::a;:I:.:Z¥s:i!:ifj::::gy cir
or p roduc t 8 ;!:;:::;:I:£e€;::u::Sn:: :£:;r£:::in:n|:3:I ved
Enter up to three codes. Check one
or more boxes for each code entered.
Construction
11
TIIIII±
Bulk Storage or warehouging
ProceEIging or manufacturiag
Packaged goods for sale
Repair or service
Bulk Storage or warehou8ing
ProceEIging or manufacturing
Packaged goods for Bale
Repair or service
Bulk Eltorage or warehouBing
Processing or manufacturing
Packaged 9ood8 for gale
Repair or service
Cause of
D Ignition
D1!83 I Engine area,rurming
Area of I ire origin *
D2 Ezu Undetermined
Heat source *
D3EJ
Item f irgt
D4!1
Undetermined
ignited * 1 E:::a:a:::a:: ::I:b;:::a
Type of material
F] Equipment Involved In Ignition
RlNone 1£ Equipmeat wag Dot involved,Skip toSection a
!NEN_J
Hi Mobile Property InvolvedINone
1 ENoC iavolved ia igaition, but burned
2 Hlnvolved ia lgnitioh, but did not bum
3 E Involved in igrnitloa aad burned
Ecbock box if Chi8 i8 an oxpogure report.Skip to Sect.ion a
1 EInteatioaal
2E
3 EFailure of equipmeDc or heat source
4 EJlct of nature
5 EcauBe under investigation
Cause undetemlned af tor inveBtigatlon
Factors Contributing To Ignition
EL
F2 Equipment power
L-I_ I
Equipment Power Source
F3 Equipment Portability
1 EPortable
2 Hstationary
Portable equipment normally can be
moved by one person, is designed t
be use in multiple locations, and
requires no tools to install.
E3:=i::::::gTo Ignition
Check all applicable boxes
1 EAsleep ENone
2 EPos8ibly impaired by
alcohol or drugs
3 Eonatcended person
4 EPos8ibly mental disabled
5 Ephy8lcally I)i8abled
6 HMultiple persoas involved
7 HAge was a fact.or
::::Tnt::v:::.:f LL
1 EMale 2 EFemale
a Fire suppression Factors
Enter up to three codes. HNone
I___ I
HllllE
I_J
H2 Mobile Property Type a Make
|£PJ !Industrial, constr. , i
Mobile property type
EH Caterpillar
6HK00157
Local Use
Epre-Fire Plan Available
Scare of t.he izif ozmat.ion pre8encod in
this report, nay be baBod upon reports
I roe other AgencleB
HArson report attached
HPolice report attacbedICoroner report attached
DOcher reports attached
lJFIRS-2 Revision 01/19/99
43080 01/27/2013
A ,ro|D43o*8o , ±* L±-E*, yy2YOY13 , ,stab:?n , ,|nc:a:n-toN2:3roo*9 , ,Exposuor:oi E]:::::: Ap:a:r:a:tru:Se:or
a Apparatus or *I)ate and Times Sent Number Use Actions Taken
Resource Check if same as alarm date E o£*Check ONE box for eachapparatusCoindicate
Month I)ay Year Hour Min People its main use at theincident.
E ID1872 I Dispatch EE|L||jz||J4±2| 106:25 I E LJ Esuppregsion LHLJ
Txpe L22J Arrival ill|L||iz|||£±2| 106:25 I HEMS LJLJclear EELjL4L±,o7:13 ,Eother
E] ID1874 I ' =.= t;' ' , `E L|illsuppression LqLJ
Type EL Arrival EE[L[,jz,|j4±2L ,05:54 ,EEMS LJLJclear EE|LjL4,,±±±] ,17:o5 ,Eother
E ID|DTlrv I Dispatch En|L||j]||j4±2j 108:051 E L|Esuppregs±on Lil LJ
Type EL Arrival m|+||±Z||J4±±| 108:43 I HEMS LJLJclear ELjL4,L±,17:14 ,Eother
E IDIE71 I Dispatch rm|+||jz||±±2j lo6:o31 E L|ESuppresBion Lzfl LJ
Type Lfl Arrival EE|L| 27|+4±2| 106:Ill EEMS LJLJclear EgLJLflL-1o8:581 Eother
E II)E721 Dispatch RI |L||JZ||J4±!j 106:051 E LH illsuppresgion LJ4 LJ
Type LEL Arrival I+I 27L± 106:15 I HEMS LJLJclear EELjL4L±,o7:56 ,Eother
E IDIE75 I Dispatch EE|L||jz||£±2] 106:031 E L|illsuppression Lul LJ
Type EL Arrival EIL I I I E"S LJLJclear EE]LjL2Z]L± ,o6:o5 Eother
E IDIE76 I Dispatch EE|L|L¥||J4±2| 105:431 E L|Esuppresgion LHLJ
Type LEL Arrival EE] 127L±105:54 HEMS LJLJclear EgLjL4,L± ,14:47 Eother
E IDIE77 I Di8patchillLjLpr|l 2013| 105:51 I E L|EESuppre8sion L±LJ
Type Lfl Arrival 127| 2013| |05:56 EEHS LJLJclear EELjL4lL± ,o8:57 Eother
E IDIE77 ITypeLEL I]iBpatch mLtl|±z||+±±±j 112:32 IArrivalill|L|L2J|||4±2|112:32I E Lu E]Suppregs±onHEMS Lzfl LJLJLJ
Clear EB|L|LZJl|±±±| 117:Sol Eother
43080 01/27/2013 13-0270009
A ,FD|D43o*80 , ±* L±-E*, yy2YOY13, ,scat:?A , ,|nc:a:n-toN2:3roo*g , =:qL E]:::::: Ap:p:a:r:a:tru:Be:or
8 Apparatus or *Date and Times Sent Number Use Actions Taken
Resource Check if same as alarm date E of*Check ONE box for eachapparatustoindicate
Month I)ay year Hour Min People its main use at theincident.
E IDIE79 I Dispatch EE|+||JZJ|JP±2] 112:321 E L|illsuppreBsion Lzal LJ
Type Lfl Arrival illLJL41 20131112:32 I HEMS LJLJClear ELJLql 20131|12:32 I E0ther
E IDIR74 I I)igpatchEELJL4120131105:43 I E L|illsuppregeion LdLJ
Type lfl Arrival EE|Lfl|jz||J4±2| 105:57 I HRIS LJLJclear EELjL4L±,o8:58 ,Eother
E] IDIR74 I Dispatch rm|+||jz||jp±±] lil:421 E L|fflsuppressfon Lul LJ
Type Lfl Arrival EB|L||JZ||J4±2| 112:37 I EEMS LJLJClear EILJL4120131117:06 I Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBBion LJLJ
Type LL Arrival ELLLLL_ I I EEHS LJLJclear ELJLJL-I I Eother
E IDl I I)i8patch I LJLJL-I I I LL ESuppreg8ion LJLJ
Type LL Arrival LJLJ| I I I EEMS LJLJclear E|..JLJ|L-I I Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBgion LJLJ
Type LL Arrival ELJLJL-I I EEHS LJLJclear DLLLL,i_ , ,Eother
E IDl I I,±gpatch ELLLLL_ I ,I LL Esuppression LJLJ
Type LJ Arrival ELLLLL_ I ,EEMS LJLJclear ELJLJ|L-I Eother
E 11)I I Dispatch |LJLJ' I I I I LL ESuppreBsion LJLJ
Type LL Arrival |L I 11 HEMS LJLJclear ELJLJL-I Eother
E IDl I Dispatch ELLLLL_ , I I LL ESuppregsion LJLJ
Tape LL Arrival I I I I E"S LJLJclear ELJLJL-|Eother
Type of Apparatus or Resources
Ground Fire Suppression Marine Equipment More Apparatus?
11 Engine 51 Fire boat with pump Use Additional
12 Truck or aerial 52 Boat, no pump Sheets
:; :::::rt:u:Fper cchination s5u°p:::±tneE;P:::aetnuts ' Other other
:: =:u£3±::=:I:u::::::±oann: :::::±ght±ng) :: :::::h::: :::a::::a Support :: :::::eo::=dc::Bt
Heavy Ground Equipment 60 Support apparatuBJ Other 93 HazMat unit
21 Dozer or plow Medical a Rescue 94 Type 1 hand crew
22 Tractor 71 Rescue unit 95 Type 2 baad Crew
24 Tanker or tender 72 urban search a rescue unit 99 Privately owned vehicle
20 IIeavy equipment, other 73 High angle rescue unit 00 Other apparatus/resource
A:1:r::::f:t::::rf|xed wing tanker ;; :::L¥a::and rescue unit,other : ::::termLned
43 Helicopter
40 Aircraft, other NFIRS-9 Revision 11/17/98
Fire Department 43080 01/27/2013 13-0270009
MM DD YYYYA ,ro|D43o.8o , ±, L±.haLgJ.L=LQ±=J ±:+ ,Ice:i-to=Jroo,9 , ±g:+. E]:i:NFIRS - 11
Argon
8 Agency Referred TO INone
Agency Name
I 1-I I-L I
Agency Phone Number
TIIIIIE
Their FDID
C Cage Status
1 Hlnve8tigation open
2 Elnvestigation closed
3 HlnveBtigation inactive
:El::::::n;:::::::;:ional
D Availability of Material First Ignited
1 |TranBport to Scene
2 illAvailable at scene
U Hunhaoun
E Suspected Motivation Facto
11 I Extortion
12 ELabor unrest
13 ElnBurance fraud
14 I Intimidation
15 HVoid contract/lease
21 Epersonal
22|H
23DI
g Check up to three factors
42 I vanity/recognition
te crime 43 DThrills
gtitutional 44 H Attention/sy"patby
45 I sexual excitement
51 EHoricide
vil unrest 52 ESuicide
replay/curiosity 53 I DoneBtic violence
54 HBurglary
61 I Homicide concealment
62 I Burglary concealment
63 EAuto theft con8ealment
64 EDegtroy records/evidence
00 H other motivation
UU BI Unknown motivation
F Apparent Group
1 HTerrorist group
2 I Gang
Involvement
Check up to
three facto
3 I Anti-goverrment group
4 I Outlaw motorcycle organiation
5 H0rganized crime
6 HRacial/ethnic hate group
7 EReligious hate group
8 Esexual preference hate group
0 Bother group
N ENo Group involvement, acted al
U I Unknoun
H Incendiary Devices Select one from each category
CONTAINER NN I None
11 EBottle (Glass) 14 Epre8surized container 17 EBox
12 EBottle (Plastic) 15 Ecan 00 Eother container
13 HJug 16 EGasoline or fuel can UUHunknown
IGINITIORT/DEI.AY DEVICE EN I None
Gi Entry Method
mlllE Unknoun
11 Hwick or Fuse
12 Dcandle
13 I cigarette a Matchl)ook
14 I Electronic Coxponent
15 EHechanical Device
16 ERenote Control
17 ERoad flare/fuse
18 Echemical Coxponent
19 I Trailer/Streamer
20 H0peh flame Source
00 Hother delay device
UU H unknown
G2 Extent of Fire Involveme|it
L-I Fully involved
on Arlival
I Other Investigative Information
Check all that apply
1 ECode violations
2 Estructure for sale
3 I structure vacant
4 Eother crimes involved
5 EIllicit drug activity
6 Hchange in insurance
7 I Financial problem
8 EE criminal/civil
actions pending
FUEIJ
11 E Ordinary Combustibles
12 I Flarmable gas
14 EIgnitable liquid
15 I Ignitable Solid
Property Oimership
t:{IIIIIII
private
Ci ty , town , vi 1 lage , local
County or parish
State or province
Federal
Foreign
Military
Other
16 I pyrotechnic material
17 E Explosive material
00 E0ther mterial
UU B] Unknorm
EN I None
Initial Observations
Check all that apply
Ewiadows ajar 5 I Fire department forced entry
EDoors ajar 6 nForced eatry erior co FD arrival
EDoors locked 7 Hsecurity Byscem activated
EDoorg unlocked 8 I Secul.icy present, (didn't activate)
L Laboratory used
lit.ocal 3DATF
2Estate 4EFBI
Cbeck all that apply
5 Bother 6 Dprivate
Federal NHNone
NFIRS-11 Revision 11/17/98
01 / 27 / 2.OL3
i
E CRIME D CITED & RELEASED BATS NUMBER CASESANTA CLARA COUNTY
FIRE DEPARTMENTCA-0432000 I ARREST I INJURy 1 3-0270009 G 'NST
DOFFICER DBOOKED
EFELONy EMISDEMEANOR DINFRACTloN ESERv|cE I F'REARMTYPE I EYo%Ec8:F E#igR/5EET E&#E#?UTT'N
REPORT TYPE ocCuRRED DATE451(d)P.C.ArsontopropertyoNORFROM01/27/13 TIME DAY
0100 Sun0542Sun
N OF EVENT To 01/27/13
24001 Stevens creek BIvd, Cupertino, CA 95014 REpqRTED 01/27/13 0542 Su n
:V'=_V'C"Ess :5.,=%Efi8RT'NGPARTY I 34ogo6Gc. vEHicLE# RECoRDER# DATE TIMEW. - W'TNBATS
V
LAST. FIRST, MIDDIE D STATE OF CA RACE SEN o0B H.T I i
ENTRYNEEDEDI
LEHIGH Hansom Cement Plant PRIMARY LANGUAGE 1] OTHER_
a ENGLISH I SPANISH D VIE.TNAMESE
DISPOSITION CTIM ADVISED. H SEXUAL ASSAULT DVICTIM AVITNESBABS lsTANCE DDO ME STIC VIOLENCEVlADDRESS
Clrv STATE ZIP PHONE972653-5500
I ARRESTDUNfollNOEDBACTivEFrtyAI3SONIINITIACTIVEF/USlilFTINVESTIINACTnrfeBTODAFORcOMpulNTaINFORIAT10N 24001 Stevens Creek BIvd.Cupertino CA 95014
EMPLOYER
I:ccupATioN I SSN I DLNu.MBER I ST:ne
WORK ADDRESS CITY STATE ZIP PHONE4089964211
VICTIM INFof`VATION. D NON DI LOSURE(WllEREAPPLICABLE) DINJURY HSART t]BL000 EURlNE I PHOTOGRAptls
W1
LAST, FIRST. MIDDLE I STATE OF CA FIACE SEX DOE HT WTONLY.N0CRIMEaTO0F`lcINiuREPOR,ICLEARED/CLOSED1]cLOSEl)BtEXCEPTION:W M - 6 -01 240
PRIMARY LANGUAGE I OTHER_EENGLISHISPANISHIVIETNAMESE
AS AULT nvicTiM AVITNEss A§sl§TANCE DDOMESTicvioLENCEVICTIM AOVISED` a SEXUALADDRESS
CITY STATE ZIP Pl10NE
a DEATH OFOFFENDERBPROSECUTION I'-'IIIL CA -..
EMPLOYERLEHIGH Hanson CevroRKADDREss OCCUPATION SSN DL NUMBER STATE
DECIIN8OIvlcT"REFUScOrocOOpERATE ent Pla nt HR CA
BIvd.
CITY STATE ZIP95014 PHONE
I JUVENILEN0Custooy(NOTREFEREOTOJPD)COPIESICAMPBEILPO0LOSGAfosPOHLOSALTOSPOBSAMJo9EPD 24001 Stevens Cree Cupertino CA ---___ _
NFORVATION. H NON DISCLOSuREOwHEREAPPLICABLE) I INJURY D SART DBLOOD I] uR lNE DplloT OGRAPHSVICTIM IvroTiMVEHIK;iE yEAF`
MAKE M O0EL BODY TYPE COLOR LICENSE/VIN I STA"
iNFORATroN
:°vTc:ME(LAST FIRS"lDDLF) ADDRESS CITY/STATE ZIP I DAMAGETovEH|CLE
VIC" VEllICLE WAS. D STOLEN D MPOuNDED DSTORED BSECuRED AT SCENE H RELEASED TO OWNER D HELD FOR PRINTS . PRINTED
PROPERTY CODES UCR PF`OPERTY CODES
D SHEFtlFF OEPTDJPDtJO^BCouRTBarHERO"ERFORMSBJCRDOvOHATEBELOERDCHILDB118G<3dOANGBPHOTOSCENEDFINOEf`PRINTSOORuCFIELOTESTBPROPERTYaEVIDENCEDDIAORAMt]CF`lMELAJ3
D= Destroyed/ Damaged/ VandL=lostS=StolenR=Recovered(PreviouslyStole8=BothStolenandRecoveredallzed 3= Seuwr:nrycyINC=Clathingandn,:::Offl=ilyE:t.::F=rvs/Radiosotes/ Etc. G= FlreamsH=Household GoodsFursl=ConsumableGoodsenvehicleJ=LivestockmentK=Miscellaneous/Stereos/Etc.
M 0 unkown Suspect(s) purposefully ignited four packed dump trucks.
lTEM#ODE QIY BRAND MODEL DESCRIPTION OF PROPERTY SERIAL #VALUE
C1DK
1 CAT 7858 064 Dump Truck 6HK00157 1.5M
1DK 1 CAT 777C 070 Dump Truck 4XJ00525 1.3M1.3M
1DK1DK 1 CAT 777C 071 Dump Truck AGC00478
1 CAT 777C 079 Dump Truck AGC2531 1.3M
ADDITIONAL OFFICERSASsoCIATED CASE NUMBERs BATS ENTFrv 8v: OATE PF`ceEssEDSCCSC#130660099W ME)EF` o^ Po OF
5faF;i:9BA;E7{t EPROH" il;3u.M% ;H;FTH^:"HR aA;E,27,.3 \ EN
`°ftffi3} °5 B® ,
.
Rev. 04#010
REPORTTYPE H SUPPLEMENTAI SuSPECT PAGE
SANTA CLARA COUNTY
FIRE DEPARTMENT
CA-0432000
BATS NUMBER CASE
13-0270009
COMPLAINT REVIEW . INFOONLY E AT LARGE H SEE JCRI crrEDI BcOKED
IA§T. FiRST, MiDDue
iNntRPRETER a spAVlsH E viETNAMESE
NEEDED: D OTHER
RELATIONSHIP T0 VICTIM
Employ®®
ADDRESS--_--------I-_-
BUSINESS ADDF{ESS/SCHOOL NAME AND ADDRESS
COL NUMBER:__
CLOTHING
HAIR STYLE
B AFRO
B BALD/ SHAVED
I BRAiDEO
D COLLAR
I CREW CUT
H LONG
D PONY TAIL
IJ PUNK
I SHORT
I CONIACTS
D GLASSES
D SUNGLASSES
WORK ADDRESS
COL NUMBER
CLOTHING
llAIR STYLE
D AFRO
I BALD/ StIAVED
I BRAIDED
D COLLAR
D CREW CuT
I LONG
D PONY TAIL
D PUNK
I SHORT
0 CONTACTS
I GLjrssEs
1] SUNGLASSES
HAIR TYPE
I RECEEDINGI sTfouGm
=#AGV/YT/oC#pRELEY
n BOOKED
LAST, FIRST, MIDDLE
HAIR TYPE
B RECEEDING
I STENGHT
H WAW/ CURLy
d "ev ToupEE
SuSPECT VIHICLE INFORMATloN
SUSPECT #
ADDmoNAL iDENTiFIEFzs :H LOWERED
FACIAL HAIR
I BEue
B CLEAN SHAVENI FU INCHu
H GOATEE
D LOWER LIP
I MUSTACHE
I SIDE BURNS
D UNstIAVEN
CLOTHINO
I CAP/ HAT
D GLOVES
I MASK
FACIAL HAIR
I BEARD
q CLEAN SHAVENI FU INCHU
D GOATEE
I LOWEB LIP
I MuSTACHE
I SIDE BURNS
I UNSHAVEN
RAISED H SPECIAL
R/0 RIME (LAST. FIBST. MIDDLE) I SAME AS SUSPECT #
SUSPECT vEHicLE WAs: n STOLEN
OFFICER.S NAME
Davis D7711
I IMPOUNDED
a PROP.115
BUILD
I HEAVY
a MEDIUMI Muscuun
H POT BELLYI 8INL
D THIN
TEETtl
I COLD
I MISSING
H BOTTENI sllvER
COMPLAINT
UNIQUE IDENTIFIER (CII#)
COMPLEXION
H ACNE/ POCKED
B OARl(
I FRECKLED
D LIGHT
E MEDIUM
APPERANCE
D BODY ODOR
E3|SffispE,DiRTv
I WELL CROONED
I A00lTIONAL
DESCRIPTION
SEE NARRATIVE
REVIEW H
WEAPONS
I CuTTINC INST.
I HANDS/ FEET
I REVOLVER
D R'FLE
D SEMI AUTO
H SHOT GllN
B SIMULATED
T UNKNOWN
D OTt'ER
lNFOONLY DATLARGE
RELATIONSHIP TO VICTIM
Bu'LD
I IIEAVY
I MEDIUMI
Muscuijue
DpOT
BELLY
B ShLALL
tJ THIN
TEETll
D GOLD
I MISSING
I ROTTEN
I S'LVER
pA'NT I
1 AODRESS
D STORED I
lD NUMBER
50195
COMPLEXION
D ACNE/ POCKED
B DARK
D FRECKLED
I L'Gl|T
I MEDIUM
APPERANCE
a BOOT ODOR
I D]SGulsE
C] UNKEMPT/ DIRTY
0 WELL GROOuED
I ADDmoNAL
DESCRIPTloN
SEE tIARRATIVE
SPECIAL WHEELS H
CITY/ STATE ZIP
sEcuRED AT SCENE I RELEASED
SCARS, MARKS. TATTOOS. ETC.
CODE:
rdc: .
DESC:
H ADD.L SEE NARRATIVE
CODE: S= SCAR M= MAF`K
P= PIERCING T= TATTOO
quB= MISSING BODY PARTS
UNDER THE INFLUENCE
H AlcoholI
D OTHER:
DVMC I
INTERPRETER I SPANISH I VIETNAMESE
NEEDED: I OTHER
UNIQUE IDENTIFIER (CII#)
WEAPONS
I CUTTING INST.
I HANDS/ FEET
I REVOLVER
I RIFIE
I SEMI AUTO
I SHOT GUN
I SIMULATED
I UNKNOWN
tJ OTHER
ROOF/ T-TOP
TOOWNER I HELD
SCARS, MARKS. TATTOOS. ETC.
CODE:
LOC:
DESC:
I ADO'L SEE NARRATIVE
CODE: S= SCAR M= MARK
P= PIEF=CINO T= TATTOO
MB= MISSING BODY PARTS
UNDER THE INFLUENCEII
tJ OTHER:
DAVAGE TO VEHICLE
FOR PRINTS IJ PRINTED
MAKE
ADDRESS
ADDRESS
MAKE
CITY
CITY
C'TY
MODEL
MODEL
MODEL
ZIP
ZIP
COLOR
COLOR
COLOR
LICENSE
LICENSE
LICENSE
STATE
STATE
STATE
-
MAKE MODEL COLOR LICENSE STATE
ADDRESS CITY ZIP
MODEL COLOR LICENSE STATE
ADDF`ESS
MODEL COLOR LICENSE STATE
ADDRESS CITY Ztp
HT WT
MAKE
ADDRESS
MAKE
MODEL
MODEL
CITY
09
COLOR
COLOR
ZIF'
LICENSE
LICENSE
STATE
STATE
ADDF`ESS
YEAR MAKE
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COLOR LICENSE STATE
HT
MAKE MODEL COLOR LICENSE STATE
ADDRESS CITY ZIP
MAKE MODEL COLOR LICENSE STATE
ADDRESS CITY ZIP
MAKE MODEL COLOR LICENSE STATE
ADDF`ESS CITY ZIP
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MAKE
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MAKE
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MAKE
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CITY
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MODEL
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MODEL
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ZJP
COLOR
COLOR
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LICENSE
LICENSE
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STATE
STATE
MAKE
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MAKE
ADDRESS
CITY
C'TY
CITY
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MODEL
MODEL
ZIP
Z'P
ZIP
COLOR
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LICENSE
LICENSE
LICENSE
STATE
STATE
STATE
BOB VVT
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CITY ZIP
MAKE
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STATE
STATE
STATE
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:
Bats Report ID #
Case # 130270009
Page #
I Supplemental Report
Attachments:
• Property Report
• DVD containing copy of photographs of the scene
• Copy of LEIHGH visitor sign-h sheets for 1/25/13 to 1/27/13
• Letter from Turner construction crew
• Copy of photographs of vehicles from LEHGH photo radar camera
• LEHIGH Mobile Equipment List
• Registration information for 6NLNO81
• Registration information for 4MUZ954
• Statements from witnesses taken by (07) :=====_
• Statements from witnesses taken by (W1) -
• Terminationletterfor(05)I-T- _-i
• Google Earth Map of the scene
Svnopsis:
|¥¥,#£¥£:s:e:i#=£tt:ELiel:ar:gf:ii=±ul:c:t,edffiunT=i#c#e±a:a:::#a:oT
Securitv:
:eo=:H#¥¥::£ee;::ars:ft;i:=y¥dun:¥vlBednv=::#h:f=th=ee#:T=¥=arty:£|:L=m#th2:4ut
an employee pass.
Weather:
The weather conditions were taken from (!±.ng?;_/ / www.wundergrormd.com.). The temperature was
46F, humidity of 77%, dear with calm winds.
BATS Entry By:
REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Otlier:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#Recorder# Date:Time:
Bats Report ID #
Case # 13-0270009
Page #
I Supplemental Report
Scene Descriptiong
!Ebi;5igiT:H::#g:::a¥ffi::i:::fri:q:in:=f#e:ii:d;:i::get;oi¥;Pus¥pi:i¥::r:ii¥:ygias::o:nt,a
Preserve to the north.
The involved dump tmcks were located in the quarry approximately two and a half miles past the
;nartrk¥dc:i%feg;g[ud¥ZthTehiiso;rsthae€::tc=:ae:PoTr£:::te([syee68?£;:#°G°o:;::.£Irhf:dM;#tygfro,Woweroe/
the lot.)
Utilityseryi±
Pacific Gas and Electric, (PG&E) provides electricity to this area using overhead wiring, transformers,
gdth:°arweearopf°#:::::;d.andmalntalnedbyLEIHGHQuarry.Nootherutilityservicewa§provided
Fire Protection S stems:
No fire protection systems were provided in this area.
I_nvestigat±jQpi
:awu::i:Svpe:tbg£€obny€an±av€±aroan€:eTetyancd°:Fsummectabhy°3:E°alr[:Snp€nhide:°scal°:d:.Ctcahifi:fes°£a8z=Tt:ted
§ou¥i;:a:hcu;£&Igi;b§i:¥E%¥ej::¥£i?i:ciisgj€ik:#±¥ig;;:tie:a:ai#i|e:1;g¥ij:iiii°;rio::c|:i;i:hnid;j°:jet
64.
BATS Entry By:
REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#Recorder# Date :Time:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
EryitigationcontinueL±
;:tt:epchic£:D±Cfg:#£c:fdsfii:¥th¥*::F:F¥ojL°:aop*°S°::itee=f;;[esrfbF:i¥#t°cfh:i:a:=hs:£ed#t:o{:?the
circuit between the batteries and the electrical components of the dulnp truck.
The area of fire origin is located between the rear driver's side of truck number 70 and the rear
passenger's area of fuck number 79. The following fire and heat patterns support this area of fireorigin.
Truck number 71 was located on the east side of the scene. This truck sustained heat and fire damage
i°hFreeg:fer±±d;i¥u¥tgn¥asi°ocraeteh€aatpfr:#aje±:::rd:itaaestfr°ofn:.uikh:0:%vpear§:;edne8::'esssf£&e;d
duetoheatandfiredamageandthetiresonthepassenger'ssidewereingoodconditionwithnoheat
or fire damage. The fire patterns support the fire traLveling towards truck 71 from tmck 70.
Truck number 70 was located on the west side of truck 71 and the east side of truck 79. This tnick
sustained major heat and fire damage to both the driver and passenger's side. All of the tires failed
g:ego:::a:t:#fr:;e,€ffi:g:n!i:i:h::esfilr:efi:etaefeeintso¥edp?vfffsfesid::i#::re:.£;oi:d¥Edu:y;fg:n;:
from tmck 70.
F¥Eafsns:eu=g:ee;:;7;Ld::aals±iiaieSra:se£?:;:idd¥£¥r;ian=a§t:71°E::n±:fe=to¥:Ssut::h¥¥adghe;n8:se:ds:d5::::desg:geri°e
iuasj:rnegdt::r=£seaigd6grfodmanthag;a¥::ngeer,€:rde:':fsfeckT7hg:firepattemssupportthefire
Truck number 64 was located on the west side of the scene. This truck sustained heat and fire
gLfearg:::d:efiaes::narg:rf'S±dcke'6¥|=±arYnaesd]°=:::dh:£P££Eraetefy£°augrefae:nwasetgfog¥h7:';'assenger
side tires sustained heat and fire damage and the tires on the driver's side were in good condition
with no heat or fire damage. The fire patterns support the fire traveling towards truck 64 from truck
79.
BATS Entry By:
REV- 04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#Recorder# Date : Tim e:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
_I_nvestiga_tipncontinuLedi
i:ee±e:::od:;±:7=dac;:d:jg¥nfdpsoEr:e::eeof£:e:o;#e:s;¥:¥:in:geffar#sffiT:gfu7gLsan±Z9L#:df:eere
There were no heat sources found in the area of fire origin. The dump trucks did not have any
electrical components in this area.
#oeulddug£Pm¥act¥thweeieeft:::dceano€#tipopne::ggdf3ryaapire°£=?::[iyfi£::u£:fa°Lt:#hee:ir:'sL:Smbiy.
I have concluded this to be an Arson Fire deliberately set by unidentified suspect(s).
Statements of (07
[Q2u¥#e#eedfoffienwe:?tsidentifiedhfmselfastheQuarryManagerforLEH|GH
£?pE==!#km=fj#:a¥#T=##oig#:;d:¥-f#?r:fJFo::ie
with no known malfunctions. He confirmed the dump truck's master battery switch were in the`'OFF" position.
;:|eEuleexi#tho:;eaoi¥ryep#:#j=ee:o=£T:c:t#::£=iup¥tEh=a=#noTe
i#jE==p::gt#¥:c=p:1e;ooof:E:o¥Tit:od:o==o?oe##E:=E:iar:h#es::=h
Human Resources Manager, for details on the employees who were terminated.
gEe:Ed:led#i#::lg¥T;ee:q:u:¥:n¥oge¥i?::h::el#y=:isiiiF:nil:lTeb#g:rhi¥de
BATS Entry By:
REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Date:
Narrative Report
Santa Clara County
Fire Department
cArd4320oo
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :
Continued:
Time:
Bats R®port ID #
Case # 13-0270009
Page #
I Supplemental Report
i:gH###£d:I:coesul:dc#e#5#3t#;#:gt°#e£::ownh?sgc¥toTcha#+;i:#
i£#t:±:=:=::=:#g:=Cer¥:tae+en°:g£:eu:fthfep;:P£+'#TCLner¥ere=fd°efdth£:e£#:
I:hew=##Edff|¥ip¥iigthif#¥?g*¥=¥:¥fettn¥1:ni:e:i?jro¥idifii¥c:=arTith:ae
wa§commonknowledgeandmostemployeesknewtherewasnolongeracamerainthisarea.
i;%%E::#e:;£uo#::±=£sf:p¥dr:kartssiysi:g:sedeu:pn:gft:iEva:p?oge::d::#;ds=fa
(07)a|lnsaidhewouldmakearrangementsformetoreceivecopiesofthevideofootageand
anyphotographsfromtheirphotoradarsystem.(SeeAifechme7'if..Copyo/photographeo/¢efri.cJesfom
LEIflGH photo radar camera).
Statements ofW1 __-==
[Li#g:+ewddany{::::±¥ar¥hhi°sfsdt::ifiidts¥]fastheH-nResourcesManagerfor
gv]:beeT=vdeLjrfuip:odygga¥eedHVlTthanmEe£°v¥n=i#apg:£[#)GiH::#aefntho:e
received any threats from any of the terminated employees.
#L::=::::m#n:veguefdfet#:g:eek±#+¥:rbs±+th#e2:#:e:¥:s¥;sox:T{:u
shcot ybu."
R®portjng officer Davis #50`95
£
cjic# D77ll Date: 01ra7/13
FlychouedFlry+ - Dqfud44_
BATS Entry By:
REV- 04/2010
Processed
Date:_ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :
Continued:
Time:
Bats Report lD #
Case # 13ro270009
Page #
I Suppl®mental Report
owl) -said (08) ----- '= called him and notified him of the heat. (W1) -
£t;::::se:#;#f(8;)e¥aw£°(#:ii:i,themddent.(SecAfroch„ie7!£.Stefementsfrm
££necfu¥[LTeFgLn#g¥3::#+tr£EOLg;euE:#¥ZL=:I::::::ed¥fiee:;thied±or
i:;en:i(EOFF:tari£¥[!:I,:¥¥iio:|¥:±dt:ei;ff:[i;#:;:fiT#¥er:Hfoer
(W1) -said (o5) EID
(05) -=---'J|.)
##d¥SEeds(ar9d3,)(=wWo¥k:#thaetefneniepc)e:tb=£2;£°:e2£:C:i:Lee°f:rhiisuLa=ia°igand
maintaining equipment in the cement plant and quarry.
#dL|ar=qgpdJ8:t)aEwiiHaht:dh;mdJnTteh2e°:2dbfre:caiu|84°;=:==Le=alceetyhiLsseues
termination.
(W1) -said out of the five people terminated in the past year, .I+=-I-:-=, ±'
gettharterfumEousfoett#:dTEeasbt:Te¥asenh°atsJ::#=ddYe¥eanv;erydruepasft±gmdgy:n¥re#8fg
and
against him or the quarry surounding their termination.
Injuries:
This fire caused no injuries.
BATS Entry By:
REV- 04/2010
Processed
Date:~ Copie§To: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA0432000
34090.6 GC- VEHICLE#
Evidence:
Recorder# Date :Time:
Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
• JD-1: DVD containing video and photographs of the fire scene
• JD-2: Sample of dump truck tire
P.L.E.O.
• ATF Special Agent Barbara Maxwell (Assist)
Ei_spositiQni
£=:[t:=rfi:::b¥ee:e:er:!g:e:::t:=su::ep!er:e:stfra:lefecoraii=:li=::ap=::ardi¥n#c#:aa::T#sga:a;:Tand
R®i)ortlng officer Davis #50195
£
Cj|C# I)7711 Date: 01#7/13ul
FtyENfuFyNjed F!. Dqdali
BATS Entry By:
REV-04/2010
Processed
Date:~ CoplesTo: _DA _Court _Other:
DPW _JPD _S/OoTPD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Recorder# Date:
On 11 / 22 / 13, I interviewed
of his statements.
Statement from
Time:
Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
(01) =L==at the Saratoga Fire Station. The following is a summary
at Lehigh for approximately
::[p::.:
(01)-=saidhehaswo
the cmsher operations.
(01 ) -escribed the
On this date an argument
ten years. He has been responsible for
_ , _ _._ _ .... L.._.___ 1.-1-_^^ L-I
;n+w,1,
isnal:
said he was later called
(07)==_.i_endavl)
At the completion of themisconduct. (01) -
-_offrce.(SeeAltachment:Statemch{sfromwitnessestakenby
stigation (_0|) I+ T=and (O_2) ±===_. _=vyere terTir?_t:d for1.1,heubrought his termination to a Skelly Hearing, which occured on
- He said he was aware I interviewed (05)
i;::::e:dfff¥;i:i#ei:b¥argeh¥:dea:T::hfhiva::eF:grfioe:ea?i:::tt#::s:d#h:eo
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#Recordel#Date: Time:
Bats Report lD #
Case # 130270009
Page #
I Supplemontal Report
(01) EPraid he thins it dyould have to be an "Inside job". He thinks it would have to be someone
gt°kknknoewwanthyeoen:#3e:':sS#ve:,:ees#s:Wri°ggfte¥:eTdwithinthequany.Hesaldhereallydid
(01)D'Vazdidnothaveanyj
CASE DISPOSITION:
To original report.
additional information and the interview was concluded.
BATS Entry By:
REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa clara County
Fire Department
CA-0432000
Bats Report lD #
Case # 13ro270009
Page #
INVESTIGATION:
gs::hfh:etL;I;t¥:,#EFthteff:d#m;F&ha£¥ntneffrn;:#:od±r¥#EE==
I
ffo£:./%3i#Ppr:=da±e[ae]i3#gfact°£fae#t:d(06)-andinterviewedhinoverthe
Statement from _--____
``
E=L;g;g:tgo:t:Zap:,:i;:::dhiosurte£:g::cfof:a£Lpnr::Lm::ed]yd:£3noot:::s#onkge:putsou:]sotuon63
(06) ±said approxiritely 20 minutes later he head a second explosion. He said he got back
;uh:iihb:en:L=nd*::o:ke:;o#iggr:ena-:::sn::h:sed*d::toa:i:eu:txf!s!¥ohs:o::es:cn=::e|b:aew%assln:o:iTeeF£¥
blasting. (06)±i_ventfoack to bed.
I
Approximately 30 minutes later, (06) -said he heard another explosion. This time he said he
:°ar95e#eti:S#;:dw°ai£#fise¥ieo#h¥Ze=£;a%ua#de#:s±eo:.£thTnrfsfr;:sEee%euaae(s9€)x=
and this explosion produced a large amount of fire which he could see from his window.
I
(06) - called 9-1-1 to report the fire, the dispatcher told him they had already received the call
and the fire deparinent was responding.
(06) -did not have ahy additional information and the interview was concluded.
CASE DISPOSITION: :
To original report.
BATS Entry By:
REV-04/2010
Date: Copies To: _DA _Court _Other:
DPW JPD S/O or pD
Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090,6 GC- VEHICLE#ecorder# Date:
REPORT:
INVESTIGATION:
Time:
Bats Report lD #
Case # 13J)270009
Page #
I Supplemental Report
On 02/ 13/ 13, I checked the santa clara county Fire Department Anonymous Hotline and retrieved aI , ,1 ,(08)` -± said he nigh-t have some information that::S#:s::sf:i:yth(e°£)surrounding the Lehigh Quany.
a:og:`[(3o/81)3iv:tv£Pors:o:ad::iya:4f%uho°#i'g[s::tnet£Cet:g(°8)-andinterviewedhimoverthe
Statement from --ir+ +
L:j4(:::,o-y=rapo=if:i3o:rs,h¥:i:::gegL=:Ethgeehpgr¥:¥heec;:¥Tg¥(aop85rgd?arl3
(08) -explained, (P1) -and (020) a-had worked together at the cement plant
€S±i:ier±°rgifuhipfd°sfbyo¥atbe£°dr:wthaeyy#e=ewtro¥ferreduptothequany.Both(01)-and
i
g+EEei:::da;k;#[¥ez£;ti#:ir::'o'n#¥:¥;:;:2;or=uLfo:q::¥dsko¥:!ri!
3, he watched (020)-arrive at work and he Was dn::±±ELFO-8')Ill-h-e i-ad bo-ught -car from him because -did not
have a job and he needed the money from the sale of his car.
(08) ± said on 1/30vehicle. (020) =LL= told
Roportjng officer Davis #50195
i
cj|c# I)7711 I)ate:lu2„S/131
Revi®wedPeT\I..-,,
BATS Entry By:
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DPW JP0 S/O or pD
Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:
Bats Report ID #
Case # 13-0270009
Page #
t] Supplem®ntal Report
Statement from
(
L%:#Eofahaetipg:di:ooit##oo::th;:::eeiffith¥;:otiw:aas:#egl&e,hE¥#ew:=t::
(08)-didnothavea]iyadditionalinformationandtheinterviewwasconduded.
CASE DISPOSITION: ;
To original report.
BATS Entry By:
REV- 04/2010
Processed
Date: Copies To: _ DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santai Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#Recorde# Date : Tim e:
Bats Report lD #
Case # 13rg270009
Page #
Supplemental Report
SUPPLEMENTAL REPQRT:
I
INVESTIGATION:
1
fte°£/e2;!::'Laetf8fr8=id#4i°ehe°murps)'ose¥sSwpfoa:i::::dB#::nad¥e:twoe:]o¥t:£ecr°;A,u2Cot=£.
ChOctober9th2012,anarFTenthadtakenplaceinthequarrygaragelunchroombeforethestaLrtot
the shift. (01) Li--LL ,L vyas upset at another employee over his coffee and said,.:`If prtyo,n_e.` _
ou."-At the completion-of -the Human Resources investigation (01 ) -
were terminated for their misconduct during the incident.
touches my coffee 1'11-and(02)
assT:t:£e£±ealfrAe8inje¥ti?;awtieoHh¥\d[£nterviewedthefollowingemployeestogarnanyirformationto
(011) _=i-__ =:i:i, (012) _--=_, (013) +(017)C=J=-,-J(018)===L-._+(019)j=LL==,and(020)
:t:esf:g:tit.8Th¥=th=P±i#y¥¥€:orh:i:L=?H+:h::o¥::¥J:±:m=[¥#ahon
#J=tl#JE!
Statement from
Duringaninterviewwith(q)15)-L±=-=heprovidedthefollowingstatement.
I
;%:;ffii:d£:L¥:##Htl#fa¥tlp}¥:;:=er:oS£%i5:ifu#%:rtkoeddrfv°erd¥p8hrfuf%
I
could have been involved with the fire. He
(
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DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder# Date : Tim e:
Continued:
hasJ;vi-d-:n¥roving(05)+(015)-said he
Statement from
Bats Report lD #
Case # 130270009
Page #
Supplomental Report
seen (05) =-_- .a__ _-_ at the quarry since his termination and has no
started or was involved with the fire.
terrination.
1 . 1 ..... 1 L _ _ ______ _ , .I.__ _I.__ _I-_-.I :I // il ()` ^^iJ i/ iJ` I -_ fLr]t±and|was vefy, qti.[sppkeT .a,b:Sit _if.__ !9_1_?)_ I£SL±dJe:i ±,*:i
1 attichde as if the company was out to get him. He said (05)
without any problems by using his employee permit on his
t=t:PireanQud£about his termination
known for losing his
i-.Lio=-could get intoV=#d£.e£%]£!Eg£#+:sda}Sons::bhina;:anye`VI-dencetosuppori(05)-wasinvo|ved
R®portlng officer Davis #50195 I
/'
I
cjic# D771l Date: (o2"3
-::;.: H, ..-,..
BATS Entry By:
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DPW _JPD _S/OorpD
:)pi=::darwy?r§:dtht|8:thiri:EiE:dce(8;3)t=°::;::£Lfi:i¥:=S
know who started the fire but thinks it may have been an erpployee that
sa`y (01) -would not do that type of thing.
(020)±_said he and
before they were transferre
(020) ± said he did nwas upset with the quarry, maybe someone who had been terminated. (020) -Said, it was not\_ --,--- __ __ _
I . , ,I ,,,, 1 . _(01 ) - and continued
(020)=i-_said
:I- -: ------- uL t.
was always out to get
=¥algFeedco°e¥:#yh
a possibility.
invesdgation to support th
P.L.E.O.
5)=LLo_wasanoutspgk:n__.einployeewhothoughtthecompany.1,,1
son he could think of who was responsible for thi.s fire_is p.ossibly (05)
¥y::h#¥c:esgsfjp¥e:n£:gds,te:;u,5pETtp¥£vc;¥]£r:=:e:t#£T:e::
a
uELmEERI±HHHRIEmRERErmiHE
fi::=j=L"haed=8tigeeto#farthpe]°Zies::f;g#utb£#e(S[|o=t#o¥)t£r involvement in the crime of arson.
• ATF Special Agent BLbara Maxwell
CASE DISPOSITION:
To original report.
BATS Entry By:
REV-04/2010
Processed
Date:_ Copio§To: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#eco rder# Date :Time:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
SUPPLEMENTAL REP
ATTACHMENTS:
• Copy of FirstAlarm
INVESTIGATION:
On 02/25/13, I was
Stevens Creek Blvd.
ervice Order
Rural Metl.o had video surveillance of vehicular traffic traveling on
passing in front of the Santa Clara County Fire Station #7. Santa Clara County
ed to the front of Fire Statiori #7. The camera is pointed north towards
advisiq
Fire Station #7 is loc;ted at'22620 Stevens Creek Blvd., Cuperti-no, CA. 95014. The video surveillance:q[jis taken from a camera att
Stevens Creek Blvd.
This surveillance captures
ate::in:;I:o:y=:a;i:leg;tt]ai:#;:I::en£:ty:;e±i;;d;r:e:n::st:s;ft:Ro:re£:;hi£:g£¥cote:n;d]:Cti:f[|:sdtkmf|ff::_ ,-,, \ - . A --- 1security needs. Mr.
1 / 27/13 at 1700 hours.
fic traveling east and west on Stevens Creek Blvd. as the traffic passes
Anddrson re`trieved-the video surveillance from 1/26/13 at 1700 hours to
I secured the video onto
Evidence:
a DVD-R and
• JD-3: DVD containin{
hours on 1 / 27 / 13 wi
CASE DISPOSITION:
To original report.
logged it into evidence as JD-3.
video of Stevens Creek Traffic from 1700 hours on 1 / 26 / 13 to 1700
the First Alarm Service Order.
R®i)olting officer Dav|is #50195
f p,oc®!
cjic# I)7711 Date:Ozfl5/13
Rovlewed a .DerfyJde/I
BATS Entry By:
•,
DaIte:_
REV-04/2010
CoplesTo: _DA _Court _Other:
DPW JPD S/O or pD
Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Rocorder# Date:
REPORT:
ATTACHMENTS:
• Deputy Tarazi'sre
• Lehighworkorder
• LehighLetter of T
• U.S Departmentof
INVESTIGATION:
# 13-066-0099W
92429 and #8693922
Time:
nation of (05) -I-I I I I I Ipr
or Case# l^rEMD 13-5
Bats Report lD #
Case # 134270009
Page #
I Supplem®ntal Report
Content of Fax:
I would Eke to know Y*y?.?
Sewstap.y^€€ q±e work roti#tior or, work ordei #8692429, #8693922 and son±e o_quer documentsL._ ...__I. __ LL^ ..^11^. _.^n ------- i /ilrr`rL'eWhy?????.. These work ord
as an electician) and
dates of 10/15/2012
Cupertho? The shooting
company expect someone
????? Can you explain on the eat_e_ty_peeapg please. _-i---i-i
to LL L.T T toworkontherollerpress...i = -. __I(works
¥t2:r:2g,h(;th¥::-¥p¥R;¥o%)roT¥jrs¥faeth#?¥;erp#:
:i-a-rri-i:ia;e=s-.Ifsomeonesiartsanothershootivng,hopefullyagaln§t'managers.
keys__s_tigationcontinHed
Sgt. Brown notified Sgt. M
the incident because Sgt. L
jurisdiction.
t ahother gunfue,- to st-art doing- something in human resources
rc Lehmarm, also with the Santa Clara County Sheriff`s Department, of
arm is assigned to the Westside Substation- and the incident is in his
R®portlng offlcer Davis #5ol95
cP p,oces
cjic# D77ll Oato:UJ„6/IJ
Revieved\BVT`.-_\V[REarid.Jall
BATS Entry By:
-
1Da)te,_
REV-04/2010
CoplesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Investi ation Continue
ecorder#
:_I:i:::i::=_:_;-::_=i::_::;:
7
I met with Sgt. Le
outlined in the fax
gearbox, which failI verified with (W1)
terfuated over. (S
This coinplaint stated he w
Time:
Bats Report lD #
Case # 13J)270009
Page #
I Supplemontal Report
hfep;°o¥eodrd:res#nce°Piei::nwan°:E]:::::Ss:::unthiLge#:hmgv#
•ber |&th 2ou2. (See attachment, Lehigh work ord?r_ #.86f£243!3 _and. ||f2f3922.)this was the same movabla gr_arbox (05)_=-- -T_ wasighLetterofTerminhonof(05):=:T=_„)
i#s.EeF¥£fo?¥,igeedfgF2ygj,f2iTi_±..S{F+_:£°¥i,TFP=[5¥;(£°#^onEnfu##3.¥.3
wrongfully terminated and requested his termination be appealed.
;§:After reviewing the facts
#8693922, and the comp
the fax was set anonymo FTEui
ntained in the anonymously sent fax, Lehigh work orders #8692429,
filed with the U.S. Department of Labor. I found evidence to supportby(05)LL==.becauseofhistermination.
g1:o:3!':2::i:r3:,|c|!|hv:e:d:ea:raefT#a:oi=ys:ca!g|eeri:;;E!,e¥rwia:s:t:S?¥Entif:e_f_€?. . He said
dedu a §parish translator. I tried to tell (05) =. _ . I. Want:d t8
ination `from Lehigh, because of the language barrier he did not
Gabrielle Solleder who works for Alcohol, Tobacco, Firearm, and
(65-)-====-:_:has lot retuumed our call as of the completion of this
speak to-him about his
did not speak English_ and
iinderstand what I was
I contacted Special Agen+ `-``LL` --.- _ -r__-- _ _a___ _
:#:sige5S,Di:EE:;nt#TeFf)[,godf:re¥augT:esqpu¥£g`oEie:oa::iianche;rscpina::£gecnis&`:e£::11 / 11_ _ _______1_1:__ _I .L;-his termination from Lehig
report.
CASE DISPOSITION:
To original report.
Reporting offlcor Davi.s #50195
I
(lof Pro®RAte:_
cjic# lJ771l Data:03„6/lJ
\ReviewedB .\ -
'.'> -.
BATS Entry By:REV-04/2010 Da
I
CoplosTo: _DA _Court _Otlier.
DPW _JPD _S/OorpD
Date:
Narrative Report
Santa clara County
Fire Department
cAro432OOO
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Recorder# Date: Time:
REPORT:
INVESTIGATION:
Cia 04/ 17/ 13 at appro)
Bats Report lD #
Case # 13-0270009
Page #
Supplemental Report
y 1000 hours, ATF Special Agent Gabrielle Soueder and I interviewed-,,'rfof5)-===
;:f|:rgdgg:scuoE-dJoa:af#m:Ftse:D;#5t!ff¥:£ube-51t:::CneasTt:mm5ese4WTf:
+
Statement from (05
e has worked for Lehi-ii-a-departments whilt he-was`employed. He has worked in the Pack
and Crush Department. He has been respousipl: for servicing and.-,-i:di:ie:
worked in several
House, Maintenance
gh Quarry since October 8, 2001. He said he has
i:eYfu;:I;Lh;a':th~a:c-i:e-s;s~Vy=:dq[¥ii!±±tai°::£dal;[narthe[easq#ii°:)qFsaid-overhisbmeatthequarry
esponsibility in the quarry was maintenance of equipment ensuring the1\` ,-,-.-. _'T.___._ I-TT _ _ _ I . I.
;;po,p::p`?.:pi:nakof:tf:Ei;cT:i;:ig!alar;:a#re:=pfT:og::i:;;eLseig:Hi:etfar#!d¥:te:rarT:e:i:::btc:a:::fi
|`enr:dueDnst€
i:o:vy:|epth:::L£¥e=ep¥t:yti:::pa::s:b=dfohre£Lfnnt:t=#geethT,TROT]eeLrrsreeas::,°gut
(05)=±L=saidhis
einploin€nt because of thi
#:)e¥h:#hhee#aass
was the only one terminate
When asked about the me sage sent to the Mine Safe.ty epq Health Administration (MSHA), (SeeI__ L1____1i37. i6-5-)-i: _said h`e did send an anonymous message to them1,\Jl'*rr,",„.`,`.'.I.-'-rv' --_--_--_-.---, _r.+_' ` ^\` _ _ \J
Pnuctiuc:rddf££:t3o]u°t°ZsS:##:nth:gfFseke:gesfah8yei:Pfk=aagbe°r¥t;f¥:hi#Cw°et:Te#gsp¥::,::t:e:a
;fi:;;€e:S=fyriiLe£-]`i~e-:!85:#h±mialfshoeft::adiyd[fi:v:°n::'-hechare:kbahij
eived any verification or clarification on the facts surounding this
sxpplemental report _ qqt_ejd 3/
yohm:Tgan¥:g:iebaa¥:t_o¥±.:o:_ij±Tth=+Fii¥:;=Et,?ayri#SL=nESL:it:h:pauyfuali:vq[eiui:JjEe;id:bali
from (05) =iii_- - Or
message.
rec
R®port]ng officer Davis #50195
III
+
cjic# I)7711 Date:10El/lJ
Reviewed-`B±-"D&to3kb/i
BATS Entry By:
REV-04/2010
Processed
Date: Copies To: _DA _Court _Other:
DPW _JPD _S/Oorpo
Date:
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder#Date: Time:
Continued:
was involved withIasked(05)==- jfhe
not allowed on the prop
would see him or his ve
asked him if I saw his vehic.=== said he has never
I asked (05) T=Tu =_i f he
the fires at
Bats Report ID #
Case # 130270009
Page #
Suppl®mental Report
Lehigh. He said he was terminated and
rie continued to say he was not irnvolved with the fires. I asked if I
on any security videos the days surrounding the fires. He Said no. II - - . 1 . . 1 ^ ,r\~\-e ii-in-:`s:in-ly`videos could it`be someone erse driving his truck? (05)
loaned his truck out, he is the only person who drives it.
would be willing to submit to a polygraph examination to help support
polygraph wvas admissible iri c6tiit.-I explained to him it was not1,,,,,_I, , \, JL
£°fiw:::oufedt:e¥:¥yanhi;Sp;t:gin(::!f#¥:3:::Submittoa
his statements, he ?ske.q .if pre
;g;s:3lhee==:g:i.it|`:oi
tch::
residence.
led (05) ±c,i-i several tines and left messages on his ceu phone
polygraph examination. I did not receive a return call from him. On._-...-.1T
;b.:o±_o¥m_ts6o_6[bLne#es::oero::%easc=t#ek.ro%ti±tngEFas¥_e4,g[:i:¥:od[£;.:g_ _ _ _ , , , 1 1 , ,
During the month of July I
requesting a date to facility
:th:e::::1iAeg?:trs!::ey:ir:f¥e#ggeff:Cd::;acE:wf?.F!:#f:al±:¥.e,Tf:e|Thios|Wb:r;c:keoen?¥:o:
and identified myself askin
some movement inside the
Ei;jj:;a;;ai:+fo;:i;e;-r;Li;a:1-SfLe_:-£:ai::I:.1ffi::iij:ians:vefrFeFp:on:i:::tho:ednoeodrios::ocr,uld
(05) a. -DE--
BATS Entry By:
REV- 04/2010
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Date: CoplesTo: _ DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Bats Report ID #
Case # 13-0270009
Page #Fire DepartmentCA0432000340906GC-VEHICLE#) 4! ue I,Recorder#Date:Time:
Statement from (05) _
F Supplemental Report
________11____-Continued:wfthfstermination.Hetoldmethat(°5)e!he:pu:see:e:n::g!(n#:ot::uthpeFo|ayp::Fh=:it:as::n=ttoapolygraph-_
I was contacted by an attordaidwewereatexaminationand(05)-I
::ns=?v:ibfeer#e:£m°#gr±i;dioi{e:otthfua;ee±8eidrfj:[t§L#eg:Le:b¥¥aFu:¥:j2£(!£1:3=ac:#Co:mti#a;:-18g)nl¥:vehicle.
{asiE#d:ti°tifeontLL+#L=g:ntryb#edidnHAhewifi#¥enrfTst¥in¥w¥,¥i::riitl:ii
FeLognhe,Tod;.je:rv;e;:sErser£Ftr;e;,::jF¥::ELg¥:;i.;t±]vyF6[;]r3e,VI£=v€=#thvI:d£oeo#eh:ofto#stetho:` 1_._ __--__-I____ -..=L1-|L^ ,~.,-_, /nt=\
i;-;6asdre-;=oa:-*:ei¥£:shhee:aasd:eayatuhpesehta:Vneerv±:Siot=iF#EL±°:i.. . \ , .1 _ ,____L _._L_ _i
:r-a-a-o-;;-%f--L-e-fi-:I betau;e 6f his expefience with the quarry. (05)1 _ I_ _ _
=anh:gerfe¥pS:
=¥i::s:::t][=i:::::gr:e:e:dc:i:::i::t:tahipsoclgn=:Lhteasstl:Ttn=gsoauLm::1¥llee=:::later
Processed
Date: Copies To: _
laycht and the wor
To original report.
Repofting Officer Davis #50195
II
cj|c# D7711 Dife:-Il'„In3
Datedall
BATS Entry By:
REV-04/2010
DA _Court _Other:
DPW _JPD _S/OorpD
1
From: Rhoda Fry, Cupertino Resident
To: Board of Supervisors
RE: Agenda Item #29. Under advisement from January 25, 2022 (Item No. 14): Receive report from
the Office of the County Counsel and the Department of Planning and Development relating to list of
all noticed violations of permits, laws, statutes, regulations, ordinances, consent decrees, or other
court actions involving Lehigh Cement Plant and Quarry over the ten year period January 1, 2012
through December 31, 2021. (ID# 111274)
Dear Board of Supervisors,
Thank you for looking at the comprehensive list of Lehigh’s noticed violations and other actions.
It is troubling that the County has not levied fines. Furthermore, a number of items that should have
been violations were never officially noticed. Below please find corrections, additions and comments
pertaining to the report.
With respect to Lehigh’s illegally-built 40-foot wide road within jurisdictional Cupertino, Lehigh
paid the City of Cupertino over $150,000 in penalties for grading and removing protected trees
without a permit. The report mentions only a $100 administrative fine. Additionally, Lehigh has
already planted 49 large replacement trees on site per Cupertino’s Protected Tree Ordinance.
What we don’t glean from this agenda item is, how bad is it? I will tell you that it is bad. T he $5M
settlement for water quality violations with the EPA, DOJ, California AG (under Kamala Harris) was
a landmark case. And Lehigh Cupertino has the very worst labor-safety record among California’s 8
cement plants. From 2017 to 2019, Lehigh had $1.4M in proposed federal fines vs Mitsubishi’s
$28K, which had about the same number of employee hours – that’s a factor of fifty! Attached you’ll
find a comparative report of Lehigh’s egregious record of safety violations. I first raised labor-safety
concerns when Liz Kniss represented District 5 and have continued to do so ever since.
AIR QUALITY: On the very night of one of Supervisor Simitian’s quarry town halls in Cupertino,
there was a massive brown pollution cloud over the cement plant. As was typical, BAAQMD
reported that it was a borderline case and there was no violation. My colleagues and I have lodged a
variety of complaints over the years and no violation was recorded because BAAQMD staff was not
there to observe the incident and refused to install inexpensive recording devices.
Over several years, I had begged BAAQMD to reduce dust from quarry-blasting. Dust was neither
modeled nor measured because the Title V Air Permit statement of basis claimed all dust remained in
the pit, which photographic evidence refuted. Staff committed to look into less invasive quarry-
blasting, but it never happened. The United States Geological Survey (USGS) lists these blasts on
their online database. Some blasts shook homes within a 2.5 mile radius of the quarry and measured
2.4 magnitude. Additionally, in a phone call between the State Geologist, the late Bill Almon of Los
Altos Hills, and myself, the State would not guarantee that these blasts along the onsite Berrocal
Fault would be incapable of causing earthquakes within the San Andreas fault zone.
Within the past year or so BAAQMD staff, management, lead counsel, and head executive have
retired.
DELIBERATELY SET FIRES: In 1993, 1999, and 2013 there were significant fires. The 1993 fire
burned Kaiser Aluminum buildings which had been used during WWII for research and
manufacturing of bombs. Kaiser Aluminum also received fines for the improper storage of hazardous
materials. These deliberately set fires were a public nuisance to residents as they could smell the
smoke and fire department resources were siphoned from other potential emergencies. Attached is
the 2013 fire investigation report which provides insight into Lehigh’s corporate culture.
2
CRIMINAL CASES AGAINST FORMER LEHIGH MANAGERS: So why should we care about
criminal cases against former Lehigh managers? Lehigh managers hired an unlicensed contractor for
major drainage work and took kickbacks from that contractor. To my knowledge, there has been no
verification from the County that this work was conducted in a workmanship-like manner. When
valuating the land, the County should take into account that this work might need to be repaired. So
far, one person has been sentenced to a year in county jail, while others are awaiting sentencing. The
County press release is here: https://countyda.sccgov.org/news/news-release/former-manager-
permanente-cement-plant-convicted-bribery For criminal cases, see C1922989, B1901033,
B1902597, which are against 7 individuals and companies: The People of the State of California vs.
SABAWI, ALA SAMIR; RASCOM; INDUSTRIAL WORKFORCE INC.; SEGURA, ROBERT
ANTHONY; YANEZ, JUAN PEDRO; Saffari, Mohammed Reza; and DELVALLEFAVELA,
RICARDO. The attached court document provides insight into these cases.
EXAMPLES OF VIOLATIONS THAT THE COUNTY HAS NOT RECORDED:
1. Failure to conduct a wildlife survey prior to building the illegal 40 -foot wide road that was built
during bird-nesting season and destroyed approximately 56 trees (see:
https://www.cupertino.org/home/showdocument?id=23406)
2. Lehigh made major structural repairs to its cement silos that had been spalling without applying
for building permits. Now the County has no visibility as to the structural work that has been done.
Spalling is when water gets into a concrete building and starts to rust the structural reinforced steel
bars (rebar) which then expand and cause chunks of concrete to fall off of the building, potentially
injuring people and damaging vehicles nearby.
3. Lehigh failed to report a 6 million gallon chlorinated water spill into Permanente Creek to the
California State Office of Emergency Services (OES). The County is responsible for enforcement.
Consequently, there is no record of this spill in the OES database.
CUPERTINO COLLECTS PENALTIES FROM LEHIGH: The report leaves an inaccurate
impression of fines paid to The City of Cupertino, “1 violation with 4 counts with an administrative
citation fee of $100.” https://district5.sccgov.org/press-releases/county-issues-ten-year-compilation-
lehigh-violations Because I was shocked to read that Lehigh had paid Cupertino only $100, I put in
an inquiry into Chad Mosley, Cupertino Assistant Director of Public Works/City Engineer. I have
summarized below.
Lehigh has actually paid Cupertino over $150,000 in penalties and Lehigh has completed its
restitution for tree replacement on site.
- Approximately $128K penalty fees paid for retroactive tree permit
(tree permit would have been about $6K; the total permit was $134,946.)
- Approximately $23K penalty fees paid for retroactive grading permit
(grading permit would have been about $23K; the total permit was $46,494)
Specifically, Lehigh has already planted 49 replacement trees on site per the Protected Tree
Ordinance. (20x 36”-box Coast Live Oak, 1x 36”-box Interior Live Oak, 23x 24”-box Blue Oak, 5x
24”-box California Buckeye). The erosion issues have been repaired; the haul road reversion grading
design has yet to be finalized.
3
HEIDELBERGCEMENT’S CHAIMAN COMMENTS ON LEHIGH PERMANENTE SITE:
Finally, please consider HeidelbergCement’s attitude toward our community as its Chairman Bernd
Scheifele, commented on the Permanente quarry and cement plant during a financial analyst call
8/1/2017
“Heidelberg has the luxury to run 3 cement plants in a very nice part of North America in
California. But California is not very friendly to heavy industry, meaning operation costs in
California are extremely high because I think we spend -- or each year, at least 2 million or 3
million [EURO] for lawyers who fight the Sierra Club which I'm not sure whether you're
aware, you know the Sierra Club, this is a kind of ecologist, grass-root movement in U.S. and
they are trying to sue us on whatever is happening. So this is not an easy environment. Our
cement plant in Permanente is based in Cupertino. We have an excellent view on the new
Apple headquarter. So that's a very nice area. The problem is our neighbors are all these
Silicon Valley freaks, these multimillionaires and they love if our trucks come and go from the
cement plant, so that makes the whole operational environment a little bit difficult, but tells
you a little bit about the intrinsic real estate value of that piece of property, I think it is about
2000 hectares or whatever. So it's a huge site.
And we had always problems to run the plant, also to find the right personnel, because it is for
us extremely difficult to find a decent plant manager and production manage r because living
costs in Cupertino are sky high. That's the one part. So we have a little bit of people issue and
the other point is we had an extremely wet weather and production problems. And to make a
long story short, Heidelberg, we were aggressive. We finally decided to change plant
management in a very broad range. We fired the plant manager, the production manager and
the maintenance repair manager and brought 3 new guys in. And I'm watching the KPIs now
with a lot of attention and our production volumes in May and June have already significantly
improved. So we are now on a better trend. Some call it weather-related delays in production.
You can word it that way; that is nice. If you say it also, I would say it was a mix of weather
and a little bit underperformance on the management side. And on the latter, the tolerance in
Heidelberg is relatively low. That's why we moved now on the management side and we're
confident that we will have a better run on the second half.” (HeidelbergCement Half-Year
Financial Report January to June 2017 | Press Conference Call | Analyst Conference Call
August 1 2017. Audio starts at 1:01:14 https://www.heidelbergcement.com/en/half-year-
financial-report-january-to-june-2017-press-conference-call-analyst-conference-call)
REQUESTS OF THE COUNTY:
1. The County should fine Lehigh for noticed violations
2. The County should require remediation for noticed violations
3. The County should notice violations that have not yet been noticed
4. The County should consider all property conditions when valuating the property. The EMSA
should have completed reclamation by now, but silt continues to be removed from the EMSA. The
reclamation plan does not include the Yeager Yard landslide, which could block the creek and cause
a health/safety hazard to downstream homes. Remediation cost of the industrial site and railyard is
unknown. The Financial Assurance Cost Estimate (FACE) is still likely too low. One big change
came from taking $2.5M more in credits for recycling metals than previously.
5. The County must not allow the new Rock Plant to operate. Case law shows that it is not vested and
it will create a deficit of rock for fill. Note that the only reason it got an air permit was because
BAAQMD’s legal department asked staff to recalculate to lower the cancer risk.
Sincerely, Rhoda Fry
attached: Comparative labor-safety report, fire report, portion of criminal case
LEONIDOU &ROSIN
Professional Corporation
A.Robert Rosin (SBN 115245)
Patricia Walsh (SBN 121098)
777 Cuesta Drive,Suite 200
Mountain View,CA 94040
Telephone:650-691-2888
Facsimile:650-691-2889
Email:arrosinPaalr-law.corn,nwalshQalr-law.corn
Attorneys for Plaintiff
M.HERNANDEZ CONSTRUCTION,INC.,dba
HERNANDEZ ENGINEERING
10
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
12
13
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M.HERNANDEZ CONSTRUCTION,INC.,
dba HERNANDEZ ENGINEERING,a
California corporation,
Plaintiff,
vs.
LEHIGH SOUTHWEST CEMENT
COMPANY,a purported California
corporation;
ROBERT ANTHONY SEGURA,JR.,
individually and dba RASCOM;
SURETEC INDEMNITY COMPANY,a
purported California corporation;and
DOES I through 30,inclusive;
Defendants.
)Case No.:17CV314983
)
)
)M.HERNANDEZ CONSTRUCTION)
)INC.'S SETTLEMENT CONFERENCE
)STATEMENT
)
)
)Unlimited Jurisdiction
)
)
)Date:March 24,2021
)Time:9:00 a.m.
)Dept:20
)
)Judge:Honorable Socrates P.Manoukian
)
)TRIAL DATE:APRIL 5,2021
)
)
)
M.HERNANDEZ CONSTRUCTION,INC.'S SETTLEMENT CONFERENCE STATEMENT
S IALRDOCS&3037SIS&00249237.DOCX
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 3/16/2021 4:59 PM
Reviewed By: System System
Case #17CV314983
Envelope: 6046755
17CV314983
Santa Clara – Civil
System System
1 INTRODUCTION
2 M.Hernandez Construction,Inc.dba Hernandez Engineering ("Hernandez Engineering"
3 or "Hernandez"),a subcontractor,is owed $363,111.04 by defendant Robert A.Segura dba
4 RASCOM ("Segura"),inclusive of attorney's fees and interest.Segura admitted his liability for
5 the principal amount of the debt.(Exhibit 1.)Segura's obligation arises from a written subcontract
6 with Hernandez concerning the improvement of a cement plant at the Permanente Quarry in
Cupertino.The project in question is known as the Storm Water Diversion Pipelines A,B,C,and
g D (the "project").
PARTIES TO THIS LITIGATION
10 M.Hernandez Construction,Inc.dba Hernandez Engineering:Hernandez
Engineering is represented by Patricia Walsh of Leonidou &Rosin Professional Corporation.
12 Robert Anthony Segura,Jr.dba RASCOM.Segura's sole proprietorship is represented
13 by Charles Pressman,Esq.,of Fred Puglisi &Associates.
14 Hernandez has dismissed defendant Lehigh Southwest Cement Company,the project
owner,and Suretec Indemnity Company,Segura's license bond surety.
16 BACKGROUND
17 Hernandez Engineering is a licensed engineering contractor.Hernandez Engineering
lg enjoys a stellar reputation in the Bay Area,having decades of experience in public and private
19 works commercial and industrial construction.According to Lehigh's construction manager,
20 Golder Associates,Hernandez Engineering is one of the best contractors with whom Golder has
21 ever worked.
22 The Segura/Hernandez Engineering Subcontract
23 Robert A.Segura dba RASCOM executed a lump sum subcontract with Hernandez
24 Engineering on or about November 13,2015.Segura advances the theory that the subcontract
25 with RASCOM,a corporation,but that is false.RASCOM was only licensed as a sole
26 proprietorship at all times relevant hereto.On the subcontract,Segura's CSLB license is listed
27 under Mr.Segura's signature as 1002061.When the parties executed their agreement,this license
2g was issued to a sole proprietorship.This is the only license that was active for an entity named
1
M.HERNANDEZ CONSTRUCTION,INCZS SETTLEMENT CONFERENCE STATEMENT
S IALRDOCS&30373ISI00249237.DOCX
1 RASCOM when the subcontract was signed.RASCOM as a corporation did not become licensed
2 until years later.There is no basis for any contention by Mr.Segura that the subcontract is with
3 RASCOM,a corporation,Hernandez added RASCOM the corporation as a defendant at some
4 point but will dismiss it before trial.
5 Under the original subcontract,Hernandez Engineering agreed to furnish labor,materials,
6 equipment and services for the construction of a sediment basin,outlet box,and storm water
7 diversion pipelines A,B,C and D,at the Lehigh Cement Plant in Cupertino,for a price of
8 $497,000.The work was performed in accordance with plans prepared by Golder.The subconn act
9 price was increased in part by agreement for certain extra work performed by Hernandez that is
10 not the subject of this litigation,without the issuance of formal change orders.'egura paid
11 Hernandez for the original and certain extra work,all of which was completed in early 2016.
12 Except for the work here at issue,Segura paid Hernandez in full.
13 Directives to Hernandez Engineering to Perform the Unpaid Extra Work
14 During Hernandez Engineering's performance,there were many active projects ongoing at
15 the Plant.No other projects involved Hernandez Engineering,but many involved Segura.
16 Apparently due to the demands of the other work,Segura oAen was not available to discuss matters
17 concerning the subject project.With respect to the work at issue that took place in approximately
18 February,March and April 2016,Segura had become so busy with other work at the Lehigh Plant
19 that he told Mariano Hernandez,"just deal with Greg [Fedak]"(Golder's site superintendent).
20 Hernandez Engineering followed Segura's directive and performed the work now at issue as
21 Golder requested.
22 Segura's Promise to Pay for the Extra Work
23 Hernandez presented change order requests to Segura.Segura passed them on to Lehigh
24 and then met with Lehigh to negotiate a final amount.On June 15,2016,Mr.Segura emailed Mr.
26 Hernandez to advise that he had reached a settlement with Lehigh whereby Lehigh agreed to pay
26 Segura $133,868.00 for Hernandez's work here at issue:"The eood news is that the negotiations
27
'The parties never followed and therefore waived the requirements of the change order procedures under the
subcontract.
2
M.HERNANDEZ CONSTRUCTION,INC.'S SETTLEMENT CONFERENCE STATEMENT
S IALRDOCS(30375&5&00249237.DOCX
are over.On vour orisinal extras that totaled $111k we anreed on 65,868.And on the second extras
2 that totaled $73k we anreed on $68k.That is final."(Exhibit 1.)Therefore,a principal sum owed of at
3 least $133,868 is not in dispute.Segura said he would pay Hernandez once the owner paid Segura,as is
4 customary in many construction projects.
5 Segura's Criminal Enterprise at Lehigh Stopped Payments for Work
6 Segura did not pay as promised.Lehigh refused to pay Segura further after discovering that he had
7 committed numerous acts of fraud upon Lehigh together with others (not Hernandez).That fraud is the
8 subject of an ongoing criminal complaint against Segura.(Exhibit 2.)Hernandez pressed Segura for
9 payment.Segura responded only that he had not been paid yet.(Exhibit 3,)
10 LEGAL ANALYSIS
11 Hernandez Engineering's Complaint
12 Hernandez Engineering filed its complaint against Lehigh and Segura in 2017.Against Segura,
13 Hernandez has alleged causes of action for quantum meruit,moneys due,account stated,and breach of
14 contract,
15 Segura's Liability to Hernandez
16 Segura's refusal to issue change orders to Hernandez for work that Segura authorized is a material
17 breach.C.G.Byson v.City of Los Angeles (1957)149 Cal.App.2d 469 (failure to pay undisputed amounts
18 unless other work were performed at no charge constituted a material breach);Smith v.Empire Sanitary
19 District 127 Cal.App.2d 63 (1954).Segura authorized Hernandez to take direction for his work from
20 Golder because Segura couldn't spare the time to administer the project as a competent contractor would
21 have done under these circumstances.If the principal clothes his agent with authority,a person dealing
22 with the agent,in the absence of any conduct on the part of either principal or agent warranting inquiry,is
23 entitled to rely upon that apparent authority.Myers v.Stephens (1965)233 Cal.App.2d 104.
24 The duty of good faith and fair dealing inherent in all contracts requires a party,when exercising
25 its rights under a contract,to act so as not to deprive the other party of the benefit of its bargain.Carma
26 Developers (California),Inc.v.Marathon Development California,Inc.(1992)2 Cal.4th;Third Story
27 Music,Inc.v,Waits (1995)41 Cal.App.4th 798,808."The essence of the good faith covenant is
28 objectively reasonable conduct."Lazar v.Hertz Corp.(1983)143 Cal.App.3d 128,141."A contract will
3
M.HERNANDEZ CONSTRUCTION,INC.'S SETTLEMENT CONFERENCE STATEMENT
S IALRDOCSI3037SIS&00249237.DOCX
not be construed so as to place one party at the mercy of another."Yamanishi v.Bleily &i Collishaw,Inc.
(1972)29 Cal.App.3d 457,462-463.Segura allowed Golder to be his agent for the work at issue,and is
liable for the work that he authorized through Golder.To hold otherwise is a breach of the duty of good
faith and fair dealing.
Hernandez relied upon Segura's instructions and performed the work that Golder directed.Segura
is estopped from disavowing a contractual relationship with Hernandez after the fact."Whenever a party
has,by his own statement or conduct,intentionally and deliberately led another to believe a particular thing
true and to act upon such belief,he is not,in any litigation arising out of such statement or conduct,
permitted to contradict it."Evidence Code $623;DRGIBeverly Hills,Ltd.v.Chopstix Dim Sum Cafe &
10 Takeout III,Ltd.(1994)30 Cal.App.4th 54,60-61.An estoppel may arise although there was no designed
fraud on the part of the person sought to be estopped.To create an equitable estoppel,"it is enough if the
12 party has been induced to refrain from using such means or taking such action as lay in his power,by which
13 he might have retrieved his position and saved himself from loss."Lantsy v.Centex Ho~es (2003)31 Cal.
14 4th 363,384.
15 Estoppel can be used in connection with disputes concerning interpretation of a contract,to bind
16 the party who induced detrimental reliance.Wilson v,Bailey (1937)8 C.2d 416 (party may be estopped
17 by its conduct to raise interpretation contrary to one held by the other party.)Here,Segura induced
18 Hernandez's detrimental reliance by authorizing Hernandez to proceed based upon direction from Golder.
19 Hernandez relied to its detriment upon Segura*s direction.Therefore,Segura will be estopped from refusing
20 to pay Hernandez Engineering.
21 Because Segura authorized Hernandez to accept direction for changes from Golder which resulted
22 in extra work,Hernandez is entitled to recover for the costs it incurred.Angeles Unified School Dist.v.
23 Great American Ins.Co.(2010)49 Cal.4th 739,744;G.Voskanian Construction,Inc.v.Alhambra Unified
24 School Dist.(2012)204 Cal.App.4th 981;McIsaac &Menke v.Cardox Corp.(1961)193 Cal.App.2d
25 661,666-68,672;1st Olympic Corp.v.Hawryluk(1960)185 Cal.App.2d 832,841;C.F.Bolster Co.v.
26 J.C Boespflug etc.Co.(1959)167 Cal.App.2d 143,150-151;Punton v.Sapp Bros.Constr.Co.(1956)
27 143 Cal.App.2d 696,701;
28 Civil Code Section 3300 prescribes the measure of damages for Segura's material breach of contract:
4
M.HERNANDEZ CONSTRUCTION,INC.'S SETTLEMENT CONFERENCE STATEMENT
S:IALRDOCS&30373ISI00249237.DOCX
I the amount which will compensate the party aggrieved [Hernandez Engineering]for
2 all the detriment proximately caused thereby,or which,in the ordinary course of
3 things,would be likely to result therefrom.
4 The "detriment"which Civil Code Section 3300 refers is the "loss or harm"that the
5 plaintiff suffers.Civ.Code I'I 3282.Hernandez is entitled to all the benefits which it would
6 have obtained if the contract had been fully performed by both parties.Civ.Code (3 1512.
7 Segura therefore is entitled to recover for all of the detriment that Segura has caused,
8 including the costs associated with performing extra work.
9 The subcontract permits a prevailing party to recover its attorney's fees.
10
12
13
14
15
16
RECAP OF DAMAGES
Amount
$184,644.00
(C.C.P.I'I 3287(a).)83,016.00
de $13 1032 et se .;90,148.50
Damages
Work Order Total
Interest Qa,10%per Annum
Attorney's Fees (Civ.Co q
1717.)
Costs
Total Damages
5,302.54
$363 111 04
SETTLEMENT DISCUSSIONS
The parties mediated this case over a year ago with Brad Bening,Esq.Segura offered
$20,000 in settlement.More recently,Segura's highest offer was $15,000.Hernandez's bottom
line was $30,000,had that sum been paid without Hernandez incurring additional fees,such as to
prepare for and attend this conference.
20 Dated:March 15,2021
21
LEONIDOU &ROSIN
Professional Corporation
22
23
24
25
26
By
Patricia Walsh
Attorneys for Plaintiff
M.HERNANDEZ CONSTRUCTION,INC.,dba
HERNANDEZ ENGINEERING
27
5
M.HERNANDEZ CONSTRUCTION,INC.'S SETTLEMENT CONFERENCE STATEMENT
S:IALRDOCS&30375&5(00249237.DOCX
Exhibit 1Exhibit1
Ir«&rf
Mariano Hernandez
From:
Sent:
Tor
Subject:
Robert Segura «rasjfgggtbgnwll.com&
rsfednssdsy,June 14 2018 6d9 PM
Medsrxf Hernandez
Re;Update on the Extras
Aminis making nie desperate every thing per pipeliee.so swill coinpiate and resubmit tomorr'ow.The goodnews Isthatthenegotlatiobsareover,On your priginal extras that totaled 111k we agreed on 65wg.turd on the second extras
that totaled 83k we agreed on 68k .This ls final
Sent from my lphone
on Jun 16,2016,at 406 piyt,Marlano Hernend'et &marisnnrahemander-eneineerinrccom&wroter
Hi Robert,
would you update me on possible dates to receive payment for the extra work 9
Thanks
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Exhibit 2Exhibit2
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PALO ALTO COURTHOUSE
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
vs
DOCKET NOS.B1901033 (LEAD)
B1902597
CONSOLIDATED SECOND AMENDED
FELONY COMPLAINT
CASE SUMMARY
RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDI.OTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAFFARI (01/07/1969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240
INDUSTRIAL WORKFORCE INC
4070 NORTH PALM STREET SUITE 703
FULLERTON CA 92835
RAS COM
4070 NORTH PALM STREET,SUITE 703
FULLERTON,CA 92835
JUAN PEDRO YANEZ (04/16/I 980),
17431 MORGAN'S LAKE DR CYPRESS TX 77433
DA NO:190307212
Defendant(s).
CASE SUMMARY
Count Charge
I P C182(a)(4)
Charge Range Defendant
PC694 Ricardo Delvallefavela
Ala Sarnir Sabawi
Mohammed Reza Saffari
Robert Anthony Segura
Industrial Workforce Inc.
Rascom
Allegation Alleg.Effect
2 PC487(a)16m-2y-3y Ricardo Delvallefavela .
Ala Samir Sabawi
Mohammed Reza Saffari
3 PC641.3(a)8m
4 PC487(a)gm
8m
16m-2y-3y
Mohammed Reza Saffari
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Anthony Segura
Industrial Workforce Inc.:
Rase em
5 PC641.3(a)gm Robert Anthony Segura
Industrial Workforce Inc.
6 PC641.3(a)8m
7 PC641.3(a)8m
8 PC641.3(a)8m
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Anthony Segura
Industrial Workforce Inc.
Ricardo Delvallefavela
Ala Samir Sabawi
9 PC641.3(a)8m Robert Anthony Segura
Industrial Workforce Inc.
10 PC641.3(a)8m Ricardo Delvallefavela
Ala Samir Sabawi
11 PC641.3(a)gm
12 PC641.3(a)gm
13 PC641.3(a)gm
14 PC641.3(a)gm
Robert Anthony Segura
Rascom
Ricardo Delvallefavela
Ala Sanur Sabawi
Robert Anthony Segura
Rsscorn
Ricardo Delvsllefavela
Ala Sanur Sabawi
15 P C641.3(a)gm
16 PC641,3(a)8m
Robert Anthony Segura
Industrial Workforce inc.
Ricardo Delvallefavela
Ala Ssmir Sabawi
17 PC641.3(a)Sm Robert Anthony Segura
Industrial Workforce Inc.
18 PC641.3(a)Sm Ricanlo Delval lefavela
Ala Samir Sabawi
19 PC641.3(a)8m Robert Anthony Segura
Industrial Workforce Inc.
20 PC641.3(a)8m Ricardo Delvallefavela
Ala Samir Sabawi
21 PCI 82(a)(4)PC 694
PC 694
22 PC641.3(a)Sm
23 PC641.3(a)16m-2y-3y
24 PC641.3(a)Sm
25 PC641.3(a)8m
26 PC641.3(a)8m
27 PC 641,3(a)8m
28 PC641.3(a)8m
29 PC641.3(a)8m
30 PC641.3(a)8m
3'1 PC641.3(a)8m
32 PC641,3(a)Sm
33 PC641.3(a)8m
34 PC641.3(a)8m
35 PC641.3(a)Sm
36 PC641.3(a)Sm
37 PC641,3(a)Sm
38 PC641.3(a)Sm
Robert Anthony Segura
Juan Pedro Yanez
Rob ert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
39 PC641.3(a)Sm
40 PC641 3(a)Sm
41 PC6419(a)Sm
42 PC641.3(a)Sm
43 PC641.3(a)Sm
Alleg.
Juan Pedm Yanez
Robert AnthonySegura."'uan
Pedro Yanez
'Robert"Anthony Segora
Juan Pedrp Yanez
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Aiithony
Segura„'n'dustrialWorkforce Inc.
Rascom.
PG186;I I(a)(3)I'year
State Prison
10y/120m SP
I Oy'/120m SP
16y/192m SP
10'Ay/1 24m
Ricardo Delvallefave!a.
Ala Samu'abawi
Robert Anthony Segura
Industrial Workforce Inc,
Rascom
Juan Pedro Ysnez
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PALO ALTO COURTHOUSE
THE PEOPLE OF THE STATE OF CALIFORNIA,DOCKET NOS.B1901033 (LEAD)
Plaintiff,B1902597
vs.
RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDLOTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAF FARI (01/07/1 969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240
INDUSTRIAL WORKFORCE INC
4070 NORTH PAI.M STREET SUITE 703
FULLERTON CA 92835
RASCOM
4070 NORTH PALM STREET,SUITS 703
FULLERTON,CA 92835
JUAN PEDRO YANEZ (04/1 6/1980),
17431 MORGAbPS LAKE DR CYPRESS TX 77433
Defendant(s).
CONSOLIDATED SECOND AMENDED
FELONY COMPLAINT
DANG:190307212
~iiro
JUL -8 20)g
Clerk of the Courtsupssor/hea sl ca coarser senla carl
/ass/sr
The undersigned is informed and believes that:
COUNT1
On or about and between June 23,2015 and April 16,2016,in the County of Santa Clara,State of
California,the crime of CONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN
MONEY AND PROPERTY BY'ALSE PRETENSES,in violation of PENAL CODE SECTION
182(a)(4),a Felony,was committed by who did conspire together and with ALA SAMIR SABAWI,
RICARDO DELVALLEFAVELA,ROBERT ANTHONY SEGURA,JR.,INDUSTRIAL
WORKFORCE INC.and RASCOM to cheat and defraud a person,LEHIGH HANSON,INC.,of
property,and to obtain money and property by false pr'etenses and false promises with the Iraudulent
intent to not perform those promises.
OVERT ACT 1
(CJIC-OTH)That thereafler,at and in the County of Santa Clara,State of California and in the
furtherance of the conspiracy and to effect its object,ALA SAMIR SABAWI and RICARDO
DELVALLEFAVELA,the cetnent plant's manager and assistant manager respectively,received
kickbacks Rom ROBERT ANTHONY SEGURA,JR.,the owner of RASCOM and INDUSTIUAL
WQRKFORCE INC ("IWI"),MOHAI ED REZA SAFF ARI,the owner of ADIA INDUSTRIAL
SERVICES ("ADIA")on or about Juno 23,2015 through April 16,2016,trom work that they directed
for LEHIGH HANSON,INC Js the Pennanente Cement Plant and Quarry to those thre~vendor
companies.
OVERT ACT 2
(CJIC-OTH)That thereafter,at and in the County of Santa Clara,State of California and in the
furtherance of the conspiracy and to effect its object,ALA SAMIR SABAWI and RICARDO
DELVALLEFAVELA on or about June 23,2015 through April 16,2016,provided other vendors'ids
to enable RASCOM,IWI,and ADIA to maximize their bids while still being the lowest bid.
OVERT ACT 3
(CJIC-OTH)That thereafter,at and in the County of Santa C[aka,State of California and in the
furtherance o f the conspiracy and to effect its object,ALA SAMIR SABAWI and RICARDO
DELVALLEFAVELA on or about June 23,2015 through April 16,2016,convinced other LEHIGH
HANSON,INC.personnel that RASCOM,IWI,or ADIA had specific skill sets so no alternative vendor
could be used.
OVERT ACT 4
(CJIC-OTH)That thereafter,at and in the County of Santa Clara,State of Califouna and in the
furtherance of the conspiracy and to effect its object,ALA SAMiR SABAWI and RICARDO
DELVALLEFAVELA on or about June 23,2015 through April 16,2016,approved inflated invoices by
RASCOM,IWI and ADIA for jobs that were to be billed on a time and materials basis.
OVERT ACT 5
(CJIC-OTH)That thereaQer,at and in the County of Santa Clara,State of California and in the
furtherance of the conspiracy and to effect its object,ALA SAMIR SABAWI and RICARDO
DELVALLEFAVELA on or about June 23,2015 thmugh April 16,2016,tried to conceal the kickbacks
by setting up a consulting company,C3S CONSULTING LLC,that had a separate bank account and
email address,and invoiced the amount of the kickback payments to RASCOM,IWI,and ADIA,so that
the payments appeared to be for legitimate work by that consulting company.
COUNT 2
On or about and between September 10,2015 and April 16,2016,in the County of Santa Clara,State of
California,the crime of GRAND THEFf OF PERSONAL PROPERTY OF A VALUE OVER NINE
HUNDRED AND FIFTY DOLLARS,in violation of PENAL CODE SECTION 487(a),a Felony,was
committed by RICARDO DELVALLEFAVELA,ALA SAMIR SABAWI and MOHAMMED REZA
SAFFARI who did unlawfully take personal property,money by way of false and/or inflated invoices,
of a value exceeding nine hundred and fifty dollars ($950.00),the property of LEHIGH HANS ON,INC.
COUNT 3
On or about and between September 10,2015 and April 16,2016,in the County of Santa Clara,State of
California,the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE-
VALUE EXCEEDING $1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was
cominitted by MO~D REZA SAFFARI who did,oft'er and give money by check,with a value
exceeding one thousand dollars ($1,000),to an employee of LEHIGH HANS ON,INC.,namely,ALA
SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that employee using and
agreeing to use his or her position for the benefit of MOHAMMED REZA SAFFARI AND ADIA
INDUSTRIAL SERVICES.
COUNT4
On or about and between June 23,2015 and January 25,2016,in the County of Santa Clara,State of
California,the crime of GRAND THEFT OF PERSONAL PROPERTY OF A VALUE OVER PENE
HUNDRED AND FIFTY DOLLARS,in viol ation of PENAL CODE SECTION 487(a),a Felony,was
committed by ALA SAMIR SABAWI,RICARDO DELVALLEFAVELA,ROBERT ANTHONY
SEGURA,JR.,INDUSTRIAL WORKFORCE INC.and RASCOM who did unlawfully take personal
property,money byway of false and/or inflated invoices,of a value exceeding nine hundred and fifty
dollars ($950,00),the property of LEHIGH HANSON,INC.
COUNTS
On or about June 23,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000,00,in violation ofPENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
who did,offer and give money by check,with a value exceeding one thousand dollars ($1,000),to an
employee of LEHIGH HANSON,INC.,namely,ALA SAMIR SABAWI and RICARDO
DELVALLEFAVELA,in return for that employee using and agreeing to use his or her position for the
benefit o f ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC..
COUNT 6
On or about June 23,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBBRY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
tc accept money by check,with a value exceeding one thousand dollars ($1,000),&om a person,other
than his or her employer,namely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL
WORKFORCE INC.other than in trust for the employer,cormptly and without tbe knowledge and
consent of the einployer,in return for using and agreeing to use his or her position for the benefit of
ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 7
On or about July 18,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.snd INDUSTRIAL WORKFORCE INC.,who did,offer and give money by
check,with a value exceeding one thousand dollars ($1,000),to an employee of LEHIGH HANSON,
INC.,namely,ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that
employee using aod agreeing to use his or her position for the benefit of ROBERT ANTHONY
SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 8
On or about July I S,2015,iu the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by check,with a value exceeding one thousand dollars ($1,000)i fium a person,other
than his or her employer,namely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL
WORKFORCE INC.other than in trust for the employer,corruptly and without the knowledge and
consent of the employer,in return for using and agreeing to use his or her position for the benefit of
ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT9
On or about August 19,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.,who did,offer and give inoney by
check,with a value exceeding one thousand dollars ($1,000),to an employee of LEHIGH HANS ON,
INC.,namely,ALA SAMIR SABAWI AND RICHARDO DELVALLEFAVELA,in return for that
employee using and.agreeing to use his or her position for the benefit of ROBERT ANTHONY
SEGURA,JR.and INDUSTRIAL WORKFORCF.INC.
COUNT 10
On or about August 19,2015,in the County of Santa Clara,State of Califonua,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEIGH HANSON,INC„wbo did,solicit,accept,and agree to
accept money by check,with a value exceeding one thousand dollars ($1,000),from a person,other than
his or her employer,namely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE
INC,other than in trust for the employer,corruptly and without the know'ledge and consent of the
employer,in return for using and agreeing to use his or her position.for the benefit of ROBERT
ANTHONY SEGVRA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 11
On or about September 18,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE —VALUB EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and RASCOM,who'did,offer and give money by check,with a value
exceeding one thousand dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,ALA
SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that employee using and
agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA,JR.and
RASCOM.
COUNT 12
Ou or about September 18,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE —VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by check,with a value exceeding one thousand dollars ($1,000),finm a person,other
than his or her employer,munely,ROBERT ANTHONY SEGURA,JR.and RASCOM other than in
trust for the employer,corruptly and without the knowledge and consent of the employer,in return for
using and agreeing to use his or her position fur the benefttof ROBERT ANTHONY SEGURA,JR.and
RASCOM.
COUNT 13
On or about November 13,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and RASCOM,who did,offer and give money by check,with a value
exceeding one thousand dollars ($1,000),to an employee oi'LEHIGH HANSON,INC.,namely,ALA
SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that employee using and
agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA,JR.and
RASCOM.
COUNT 14
On or about November 13,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by checlt,with a value exceeding one thousand dollars ($1,000),&om a person,other
than his or her employer,namely,ROBERT ANTHONY SEGURA,JR.and RASCOM other than in
trust for the employer,corruptly and without the knowledge and consent of the employer,in return for
using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA,JR.and
RASCOM,
COUNT 15
On or about December 9,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000 00,in violation of PENAL CODE SECTION 641 3(a),a'Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.,who did,offer and give money by
check,with a value exceeding one thousand dollars ($1,000),to an einployee of LEHIGH HANSON,
INC.,namely,ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that
employee using and agreeing to use his or her position for the benefi of ROBERT ANTHONY
SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 16
On or about December 9,2015,in the County of Santa Clara,State of
California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was coinmitted by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by cheek,with a value exceeding one thousand dollars ($1,000),fiom a person,other
than his or her employer,namely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL
WORKFORCE INC.other than in trust for the employer,corruptly snd without the knowledge and
consent of the employer,in return for using and agreeing to use his or her position for the benefit of
ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC,
COUNT 17
On or about December 27,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.,who did,ofter and give money by
check,with a value exceeding one thousand dol!ars ($1,000),to an employee of LEHIGH HANS ON,
INC.,namely,ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that
employee using and agreeing to use his or her position for the benefit of ROBERT ANTHONY
SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 18
On or about December 27,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641,3(a),a Felony,was committed by RICARDO DELVALLEFAVELA and
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by check,with a value exceeding one thousand dollars ($1,000),from a person,other
than his or her employer,mnnely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL
WORKFORCE INC.other than in trust for the employer,corruptly snd without the knowledge and
consent of the employer,in return for using and agreeing to use his or her position for the benefit of
ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL WORKFQRCE INC.
COUNT 19
Qn or about January 25,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VAI.UE EXCEEDING
$1000.00;in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA,JR.and INDUSTRIAL WORKFORCE INC.,who did,offer and give money by
check,with a value exceeding one thousand doIlars ($1,000),to an employee of LEHIGH HANSON,
INC.,namely,ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA,in return for that
employee using and agreeing to use his or her position for the benefit of ROBERT ANTHONY
SEGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 20
On or about January 25,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by RICARDO DELVALLEFAVELA snd
ALA SAMIR SABAWI,an employee of LEHIGH HANSON,INC.,who did,solicit,accept,and agree
to accept money by check,with a value exceeding one thousand dollars ($1,000),fium a person,other
than his or her employer,-namely,ROBERT ANTHONY SEGURA,JR.and INDUSTRIAL
WORKFORCE INC.other than in trust for the employer,corruptly and without the knowledge and
consent of the employer,in return for using snd agreeing to use his or her position for the benefit of
ROBERT ANTHONY SFGURA,JR.and INDUSTRIAL WORKFORCE INC.
COUNT 21
On or about and between September 14,2015 snd June 16,2016,in the County of Santa Clara,State of
California,the crime of CONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN
MONEY AND PROPERTY BY FALSE PRETENSES,in violation of PENAL CODE SECTION
182(a)(4),a Felony,was committed by ROBERT ANTHONY SEGURA AND JUAN PEDRO YANEZ
who did conspire together and with others to cheat and defraud a person,LEHIGH HANSON,INC.,of
property,and to obtain money and property by fiilse pretenses and false promises with the Iiaudulent
intent to not perform those promises.
OVERT ACT 1
(CJIC-OTH)That thereafter,at and in the County of County of Santa Clara,State of California and in
the furtherance of the conspiracy and to effect its object,JUAN PEDRO YANEZ,the cement plant's
maintenance manager,on or about on or about November 6,2015 tlirough June 16,2016,received
bribes in the form of checks fium ROBERT ANTHONY SEGURA,JR.and vendor companies owned
by ROBERT ANTHONY SEGURA,JR.for JUAN PEDRO YANEZ's approval of work done by those
vendors for LEHIGH HANS ON,INCJs the Permanente Cement Plant and Quarry by vendors ROBERT
ANTHONY SFGURA,JR.,including the approval of payments for that work..
COUNT 22
On or about September 14,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed byROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HAN SON,INC.,namely,JUAN PEDRO.YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 23
On or about September 14,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),froin a person,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 24
On or about November 6,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000 00,in violation of PENAL CODB SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee ~sing and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT.25
On or about November 6,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dolltus ($1,000),&om a person,other than his or her employer,namely,
ROBBRT ANTHONY SEGURA,JR.other than in trust for the employer,coauptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 26
On or about December 3,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000 00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
10
COUNT 27
On or about December 3,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBFRY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 6413(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),f'rom a person,other than his or her employer,
namely,ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,conuptly and
without the knowledge and consent of the employer,in return for using and agreeing to use his or her
position for the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 2$
On or about December 22,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000,00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,nainely,JUAN PEDRO YANEZ,in
return for that employee using and agreeiug to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 29
On or about December 22,2015,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),&om a person,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR,other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 30
On or about January 19,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 31
On or about January 19,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANS ON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),from a person,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 32
On or about February 10,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000 00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,ofier and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 33
On or about February 10,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was coinmitted by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),from a person,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
12
COUNT 34
On or about March 11,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1000),to an employee of LF HIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
renun for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR,
COUNT 35
On or about March 11,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANS ON,INC.,who did,solicit,accept,and agree to accept money by check,.with a value
exceeding one thousand dollars ($1,000),fi'om a person,other.than his or 'her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the emp]oyer,in rehun for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 36
On or about April 14,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 37
On or about April 14,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),from a person,other than his or her employer,namely,
13
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 38
On or about April 15,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000,00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,'JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 39
On or about April 15,2016,in the County of Santa Clara,State of
California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE -VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was coramitted by JUAN PEDRO YANEZ,an employee
of LFHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),&om a persorr,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,conuptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
COUNT 40
On or about May 5,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY FERSON OFFERING AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC„namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR„
14
COUNT 41
On or about May 5,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE —VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 641.3(a),a Felony,was cotnmitted by JUAN PEDRO YANEZ,an employee
of LEHIGH HANSON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000),fium a person,other than his or her employer,
namely,ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corru'ptly and
without the knowledge and consent of the employer,in return for using and agreeing to use his or her
position for the benefit of ROBERT ANTHONY SEGURA,JR,.
COUNT 42
On or about June 16,2016,in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE -VALUE EXCEEDING
$1000.00,in violation of PENAL CODE SECTION 641.3(a),a Felony,was committed by ROBERT
ANTHONY.SEGURA who did,offer and give money by check,with a value exceeding one thousand
dollars ($1,000),to an employee of LEHIGH HANSON,INC.,namely,JUAN PEDRO YANEZ,in
return for that employee using and agreeing to use his or her position for the benefit of ROBERT
ANTHONY SEGURA,JR..
COUNT 43
On or about June 16,2016;in the County of Santa Clara,State of California,the crime of
COMMERCIAL BRIBERY BY EMPLOYEE —VALUE EXCEEDING $1,000.00,in violation of
PENAL CODE SECTION 6413(a),a Felony,was committed by JUAN PEDRO YANEZ,an employee
of LEHIGH HANS ON,INC.,who did,solicit,accept,and agree to accept money by check,with a value
exceeding one thousand dollars ($1,000);from a person,other than his or her employer,namely,
ROBERT ANTHONY SEGURA,JR.other than in trust for the employer,corruptly and without the
knowledge and consent of the employer,in return for using and agreeing to use his or her position for
the benefit of ROBERT ANTHONY SEGURA,JR..
AGGRAVATED WHITE COLLAR CRIME ENHANCEMENT
It is further alleged that the felony crimes charged in Counts 1-20 are related,that a material element of
the crimes is Iraud and embezzlement,that the crimes involve a pattern of related felony conduct,and
that the pattern of related felony conduct by involves the taking of more than one hundred thousand
15
dog ars ($100,000),but not more than five hundred thousand dofiars ($500,000)within the meaning of
Penal Code sections 186.11(a)(1)and (a)(3).
Any defendant,'ncluding a juvenile,who is convicted of and pleads guilty and no contest to any felony
offense,including any attempt to commit the offense,charged in this'omplaint or information is
required to provide buccal swab samples,right thumbprints and a full palm print impression of each
hand,and any blood speciinens or other biological samples required pursuant to the DNA and Forensic
Identification Database and Data Bank Act of 1998 and Penal Code section 296,et seq.
Further,attached and incorporated by reference are officia reports and documents of a law enforcement
agency which the complainant believes establish probable cause for the arrest and pretrial detention of
defendant RICARDO DELVALLEFAVELA,ALA SAMIR SABAWI,ROBERT ANTHONY
SEGURA,and JUAN PEDRO YANEZ for the above-listed crimes.
Complainant therefore requests that the defendant(s)be dealt with according to law.
I certify under penalty of perjury that the above is true snd correct.
MK.,~
DANIEL
Deputy
(Sanford 0730153C)
Exhibit 3Exhibit3
Rascon Walls Walls/Messages...
ates:6/27/2016 1:02:
No,unfortunately purchasing gave the job to a tola
lly new contractor,on Friday .I'm here trying to ligh
tsstssooesr t it right now but I'm getting no where
Dates:7/1/2016 10:1322 AM
Hi Robert,Can you give me posible (Approximate)
dates for payment and information on sny thing tha
t I need to do on my end to make it happen?Is ther
e any thing (New projects)developing there7 Regs
res
Me
Dates:7/6/2016 9:49:09 AM
Hi Robert,Oid you get my email today,what do you
think7
Me
Dates:7/1 2/201 6 9:02I57 AM
30 of 37 1/9/2018,11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Hi Robert,Oid you get a chance to consider my req
uest?
Dates:7/12/2016 9:13:26 AM
+tsszssocssr
Yes I did Mariano,right now I'm waiting for Lehigh t
o release payment on my invoices from the big job
I did,which are 95 days old already .I'm hoping tha
t they release them today but there is no guarantee
of that.But if and when they release my money I wi
II do something for you .But even then,your going
to have to do a LOT better then 1,300 dollars.I did
not put any money on top of your extras.So for you
to get paid asap and me to wait two months for the
money at no profit will not work for me.
Dates:7/1 2/2016 11;22:56 AM
Can you give me a schedule of payment?I assume
that the invoice for 17.5K gotta be dose to be paid.
Are the other 2 invoices 60 day firm to be paid?Ho
w much you want to profit to make the advanced p
ayment?
Dates:7/1 2/2016 11:26:23 AM
+tsszsscossr
The 17.5 should come within the next 30 days and
the rest in about 68 days.Everyone is on net 75 no
w.There is no more net 55.
Dates:9/7/2016 5:31:10 PM
Hi Robert,I know you are a busy man.I will not tak
e much of your time I just need to know when I can
send a guy to pick up the check.Let me know.Tha
nks
Me
Dates:9/7/2016 5i43:20 PM
31 of 37 1/9/2015,11:37 AM
Rsscon Walls Ble:///C:/Users/Chellie/Documents/Rsscon Walls/Rsscon WsllsrMesssges...
et 5626500467
I'm having problems collecting money from Lehigh.
They have not paid me since July.I have to give th
sm 5 Irxtensive package on supporbng documentst
ron of bifsng hour~s They are going thru some hug Ni/1
e changes that are not friendly to me.So I will give
you an update next week
Dates:9/12/2016 5:39:27 PM
Hi Robert,Whet are the good news
Dates:9/1 3/2016 1:06:07 PM
No,read my last text
+4 5526500467
Dates;9/1 3/2016 1:06:23 PM
Hi Robert,Are we going to have our payment read
y to be picked up by middle of next week7 Let me k
now Thank you
Dates:9/1 3/2016 1:06t40 PM
+t5625500462
I'm having to sue Lshlgh for my money.So I'm goin
g to have to ask you for some patience
Dates:9/1 5/2016 1;52:26 PM
I need to talk to you,I lett you a couple of voice me
ssages.I'm being patient I just need to know what i
s the situation and a real time frame of when we ar
e going to get paid Please call me
Me
32 of 37 1/9/2018,11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Dates:9/1 5/2016 5:00:27 PM
I will call you tomorrow so that we can talk
+16626660467
Dates:9/1 6/2016 6:55:38 PM
Are you still going to call me7
Me
Dates:9/22/201 6 4:19:13 PM
Hi Robert,I left you a voice message Looking for st
atua of final payment.Inst week we agreed to talk t
his week Regards
Dates:9/22/2016 6:44:01 Rhlt
+16626666467
I spoke with my attorney today,he said that Lehigh
has not responded so he sent them an email today
around 3 pm.I will talk to him again tomorrow as m
y bank wants an update as well.Then I will getwith
you .
Dates:9/22/2016 7:05:01 PM
OK thanks look fonvard to hearing from you tomorr
Me
Dates:9/23/2016 6:20:48 PM
What is the good newe7
Me
33 of37 I/9/2018,11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Dates:9/26/2016 9:50:19 AM
M sszesoowr
Ag the pressure in the world ls not going to make L
ehigh move any quicker.I am not holding your mon
ey,Lehigh is.So I promise that as soon as they res
pond,I will update you and as soon es they pay I
will pay you.The continuous phone calls are simply
stressing you and I out So please let me notify yo
u when I have some news.Thank you for your cont
inued patience .
Dates:9/28/2016 3;28:36 PM
Any thing yety
Me
Dates:9/29/2016 5:49:45 PM
Anything yet7
Dates:9/29/2016 5:51:38 PM
etsstssocesr
I'e asked you kindly for patience„,you don't seem
to be doing well with that.So once again,as soon
as I get news,I will convey it to you.I am not holdin
g your money.Lehigh is.
Dater.10/5/2016 7:47:19 AM
Robert I need an update at least once a week regs
rding the status of the situation regardless if somet
hing is happening or not,otherwise I get really nerv
ous.And start thinking about legal adios.So pleas
e do the best you can to inform me like I said regar
dless if something is moving or not Thank you and
good luck
Me
34 of 37 1/9/2018,11:37 AM
I released final settlement on 07/1 2/2016 for payment.
Regards,
Amln Ghamsari,PMP
Projects Manager,
Lehish southwest cement Company
Permanente Plant
24001 Stevens Creek Blvd.
Cupertino,CA 96014
Phone:(406)996-4019
Cell:(406)202-0080
Amin.shamsari-EsrahaniretehiehHanson.com
From:)viarlano Hernandez [mal)to:marlanordhernandez-enoineerino.corn]
Sent:Wednesday,October 05,2016 2:51 PM
To:Ghamsarl-Esfahani,Amin (Cupertino)USA
Subject:FW:Payment (Storm Water Diversion Plpellnes A,6,C,and D
Amln,
In middle of June/2016 Mr.Segura and you met to settle in all the (Extra Work)for this particular project.According
with the last conversation with Mr.Segura the final agreement for our extra work was 5 133,868.00 (one for 4 65,868.00
and the second one for 5 68,000.00)this is the money that we are looking for.As you can see in the email below from
Rebekah (IWI)last payment was made early May 2016.Can you let me know when the extra work was released for
payment on your side?Because if you approved it,let's say end of June/2016 plus 75 days per your payment policy,
payment should have been done mid-September 2016.Any information about this will be greatly appreciated.
Thank you
From:Marlano Hernandez
Sent:Wednesday,September 28,2016 10i47 AM
To:'amin.ehamsari-esfahani@leiehhanson.corn'amin.ehamsari-esfahaniraleiehhanson.corn&
Cc:Fedak,Greg &pree fedaktaeolder.corn&
Subject:Payment (Storm Water Diversion Pipelines A,8,C,and D
Hi Amin,
I'm Mariano Hernandez CEO of Hernandez Engineering.I'm writing to inform you that our
firm built the project Storm Water Diversion Pipelines A,B,C,and D.I assume that the middle
man was RASCOM we finished the project but we had not been paid in full.RASCOM still
owed us close to 150K.Mr.Segura claims that the reason He has not paid us is because Leigh
has not paid RASCOM in full for that particular project.If at all possible I would like to stop by
your office any day (you choose)next week to have an informal chat/meeting so you may feed
me with the particulars on the situation?.
Please reply at your earliest convenience.
Regards
PROOF OF SERVICE
I am a resident of the State of California,over the age of eighteen years,and not a
party to the within action.My business address is Leonidou &Rosin,777 Cuesta Drive,Suite
200,Mountain View,CA 94040.On March 16,2021,I served the within documents:
M.HERNANDEZ CONSTRUCTION,INC.)S SETTLEMENT
CONFERENCE STATEMENT
by electronically serving the above-referenced document(s)through One Legal,
LLC and/or File and ServeXpress,an e-filing provider for Santa Clara County
Superior Court.E-service in this action was completed on all parties listed on the
service list with the Court.This service complies with the Court's order in this
case.
10
12
13
14
15
16
17
David H.Pierce,Esq.
Charles A.Pressman,Esq.
David H.Pierce &Associates PC
15260 Ventura Boulevard,Suite 730
Sherman Oaks,CA 91403-3501
Tel:(818)826-5480
Fax:(818)826-5486
Email s:dpi erce dhpierce.corn
coressman&a.dhoierce.corn
~Attorneys for Defendant and Cross-Defendant ROBERT ANTHONY
SEGURA,JR.individually and dba RASCOM and Defendant
RASCOM,a corporation
18
19
20
21
I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.I declare under penalty of perjury under the laws of the
State of California that the above is true and correct.
Executed on March 16,2021,at Mountain View,
California.
22
23
24
25
Pernilla Hansson
26
27
28
S0ALRDOCSI30375I5'i00249255.DOCX
I
PROOF OF SERVICE
Cement Plant in Cupertino – Most Hazardous in California
Lehigh Hanson HeidelbergCement Group
The Lehigh Hanson cement plant and quarry in Santa Clara County, Cupertino, owned by HeidelbergCement Group of
Germany, have a chronic history of Mining Safety and Health Administration (MSHA) violations.1 For the past decade,
the facility has been fined over $2.2 million by MSHA, accounting for 39% of all MSHA proposed fines among California’s
8 cement plants. Lehigh Cupertino received 26 times more proposed fines than CEMEX Victorville, which had only 16%
fewer hours worked.2 The table below lists California cement plants in order of the average number of hours worked,
demonstrating that when it comes to labor safety, size does not matter. As measured by fines, the three Lehigh cement
plants are among the most unsafe in California with Lehigh Cupertino as California’s most hazardous cement plant.
While MSHA’s goal is to prevent death, illness, and injury from mining and promote safe and healthful workplaces for
U.S. miners, compliance at Lehigh Cupertino remains elusive. Documented injuries and fatalities among 24 miners and
96 plant workers (per 2018 DOL) include: rash on arms and legs from shoveling cement dust; 2nd and 3rd degree burns
on legs from raw meal; burns on 15% of upper extremities from clinker; burns on head and hand from checking plug;
inhalation injuries of 5 people; inundation of gases requiring evacuation; people trapped in elevator at least 5 times
for over an hour; injury after elevator suddenly dropped 3 to 4 feet; broken and crushed feet requiring surgery; hand
injuries requiring stitches; face injuries from flying objects causing lacerations and knocked out teeth; eye injuries;
multiple fires; and driver killed in truck on fire after a loader ran into it. Not included in the MSHA database are the
2017 fatality and the 2011 massacre that killed four people and injured seven, including a woman who was not
affiliated with Lehigh.
“A mine that considers egregious violation records a cost of doing business” -- MSHA3
Additionally, workers are exposed to hazards including industrial and naturally-occurring contaminants detected at
elevated levels in soils and cement kiln dust: arsenic, beryllium, cadmium, chromium, lead, mercury, PCBs, and
selenium.4 In 2015, the EPA found that Lehigh Cupertino failed to report toxic chemicals, such as 169,000 lbs of
chromium compounds manufactured, processed, or released, exposing workers and emergency response teams to
unknown safety hazards. The EPA settlement agreement included a donation of emergency response equipment such as
12 hazmat suits to the Santa Clara County Fire Department.5 In 2019, MSHA levied Lehigh Cupertino with 167 citations
and orders: 3 violations related to inadequate safety-training and 13 violations were “significant and substantial,”
meaning that a hazard had a reasonable likelihood of causing serious injury. Fatalities, injuries, hundreds of fines,
citations, orders, safeguards, warnings of imminent danger and of placing untrained miners in harm’s way, have not
made the plant any safer. In fact, MSHA fines have increased by ten times between 2017/2019 and 2014/2016.
“The location in Cupertino is filthy, probably unhealthy, and most certainly dangerous” -- former employee6
1 Mine Data Retrieval System (MDRS): arlweb.msha.gov/drs/drshome.htm; see also OSHA: www.osha.gov/pls/imis/establishment.html
2 Even when not counting the two worst years for each cement plant, Lehigh Cupertino remains at 39% of all MSHA fines. Actual numbers
on table from MDRS in thousands are: $192; $165; $2,214; $211; $986; $83, $920; $870
3 MSHA News Release, December 2010, submitted to County Board of Supervisors, pdf page 5
www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20110301_PublicCommentResponses.pdf
4 Midpeninsula Regional Open Space District appeal letter to the County 2012 and EPA site assessment. pdf pages 6 and 45
www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20120626_Appeal_MROSD.pdf
5 EPA News Release, “U.S. EPA requires Cupertino cement company to report toxic chemicals, commit to environmental projects ” 9/22/15
archive.epa.gov/epa/newsreleases/us-epa-requires-cupertino-cement-company-report-toxic-chemicals-commit-environmental.html
6 Quotation from Lehigh Hanson Cupertino employee from indeed.com
www.indeed.com/cmp/Lehigh-Hanson/reviews?fcountry=US&floc=Cupertino%2C+CA
Lehigh Hanson Cupertino Hires Non-Union Out-of-State Labor
Lehigh hired Turner Mining Group, a non-union out-of-state company, to do major projects at Lehigh instead of hiring
union local labor at area standard wages.7 While working at Lehigh Cupertino, Turner Construction, a company affiliated
with Turner Mining Group, landed in court for allegedly failing to pay minimum wages for work performed off-the-clock
or overtime wages, failing to provide meal and rest breaks, failing to provide proper wage statements and other counts.8
Lehigh Hanson Cupertino Labor-Safety Fines Have Increased by nearly 10X
The Mining Safety and Health Administration (MSHA) has levied nearly 10 times more in proposed labor-safety penalties
to Lehigh Hanson Cupertino in the past three years ($1,433,573) as compared with the previous three years ($137,583). 9
OSHA fines are also listed below; there was a $93,000 fatality fine in 2017.10
Year/quarter 2019 2018 2017 2016 2015 2014
MSHA Penalty $377,969 $178,522 $877,082 $20,822 $48,406 $78,355
OSHA Penalty -- case open $94,130 -- $23,000 $1,575
Lehigh Hanson Cupertino Arson and Suspicious Fires
- 2013 Arson Fire destroyed 4 large dump trucks deliberately set on fire with unknown ignition device. 10 Santa Clara
County Fire apparatus dispatched with a total of 32 personnel over an 11 hour time period. $7M property damage.
- 1999 Suspicious Fire burned big rig and spread fire to wildland. 4 Santa Clara County Fire apparatus and California
Department of Forestry apparatus.
- 1993 Arson Fire destroyed 22,500 sq. ft. of buildings set on fire with an incendiary device. Santa Clara County Fire
Department onsite for 7 hours with 10 apparatus and 25 personnel. Apparatus from other fire departments (including
helicopters) and the Stevens Creek Volunteer Fire Department.
Lehigh Hanson Cupertino is Out of Compliance with the Federal Clean Air Act and the Clean Water Act11
and is one of California’s Largest Air Polluters
In the State of California, Lehigh Hanson Cupertino is #2 for Sulfur Oxides, #3 for Hydrochloric Acid, #6 for VOCs, #7 for
Nitrogen Oxides, and more.12 Lehigh Cupertino pays the California Air Resources Board over $750,000 every year in fees
for non-attainment pollution. Only two refineries, Chevron in Richmond and Shell in Martinez paid more to pollute.
Lehigh could choose to emit less pollution, but operates under older, more lenient, cement plant emission rules.13
Lehigh Hanson Cupertino emits at least 18 Toxic Air Contaminants (TACs) above Chronic Trigger Levels and is
#1 in Santa Clara County for 13 Toxic Air Contaminants (TACs)
Lehigh is the Top Polluter in Santa Clara County of 1,3-butadiene, Acetaldehyde, Ammonia, Arsenic, Benzene, Cadmium,
Chlorinated dioxins & furans (TCDD), Hydrogen Chloride (HCl), Manganese, Mercury, Naphthalene, Nickel, PAHs
(benzo[a]pyrene equiv), and Polychlorinated biphenyl (PCB). Major Polluter in Santa Clara County of Beryllium,
Hexavalent Chromium, Diesel Exhaust Particulate Matter (not including truck traffic), and Formaldehyde.14
Lehigh Hanson Cupertino Land Use and Water Violations
In 2018, the County issued an NOV for building an illegal 40-foot wide road.15 In 2019, the County and Water Board
issued Notices of Violation (NOV) for sediment in Permanente Creek.16,17 Lehigh also failed water quality objectives.
Does Lehigh Hanson Cupertino Offer Respiratory Equipment or Showers for Their Employees?
7 Turner Mining Group website shows illegal road being built between the Lehigh Hanson Permanente Quarry and Stevens Creek Quar ry
turnermining.com/projects/lehigh-cement-ca/
8 Reformado, Wadi. Northern California Record, Former employee alleges Turner Contracting Inc. violated state labor codes. June 27, 2017.
norcalrecord.com/stories/511130902-former-employee-alleges-turner-contracting-inc-violated-state-labor-codes
9 Mining Safety and Health Administration (MSHA) database arlweb.msha.gov/drs/drshome.htm
10 Occupational Safety and Health Administration (MSHA) database osha.gov/pls/imis/establishment.html
11 EPA Enforcement and Compliance History Online echo.epa.gov
12 California Air Resources Board Mapping Tool 2016 ww3.arb.ca.gov/ei/tools/pollution_map/#
13 Nonvehicular Source Fees 2016/17, Consumer Products and Architectural Coatings Fees ww3.arb.ca.gov/ei/nscpac_fees/nscpac_fees.htm
14 Bay Area Air Quality Management District. “Toxic Inventory for 2016 Sorted by County by City by Plant Name Emissions above Regulation
2, Rule 5 (version 1/6/2010) Chronic Trigger Levels in Table 2-5-1/” excel file:
www.baaqmd.gov/~/media/files/engineering/air-toxics-annual-report/2016/2016_toxic_annual_report-xlsx.xlsx?la=en
15 County NOV 2018 www.sccgov.org/sites/dpd/DocsForms/Documents/2250_NOV_20180817.pdf
16 County NOV 2019 www.sccgov.org/sites/dpd/DocsForms/Documents/PLN19_2250_NOV_20190613.pdf
17 Water Boards NOV 2018 www.losaltosonline.com/news/sections/news/297-news-features/60501-lehigh-faces-water-board-county-
violations-for-permanente-creek-pollution