Dear Mr. Abraham and Mr. Haddad,

I am writing in collaboration with Patricia McPherson, President of Grassroots Coalition, to raise a critical public safety and regulatory compliance issue regarding methane mitigation at Playa Vista Elementary School, located at 13150 Bluff Creek Drive, Los Angeles, CA 90094 (DTSC Site Code #304564).

Site Jurisdiction and Legal Requirements

Playa Vista Elementary School is located within Phase One of the Playa Vista Development. As such, it is legally bound to the mandates of City of Los Angeles Ordinance No. 175790, as codified in the Los Angeles Municipal Code § 91.7104.3.8 (see Attachment 1). This ordinance mandates full compliance with the Playa Vista Methane Prevention, Detection, and Monitoring Program (PVMPDMP), a critical mitigation framework developed in response to extreme subsurface, thermogenic methane and carcinogenic (BTEX, H2S) gas concentrations prevalent in the area. (see Attachment 2).

While the 2013 Operation and Maintenance Agreement (O&M Agreement) between the Department of Toxic Substances Control (DTSC) and the Los Angeles Unified School District (LAUSD) presumably provides oversight for maintenance of the gas mitigation system at Playa Vista Elementary School, it does not preempt or supersede this local ordinance.  No language in the O&M Agreement supersedes existing city laws. Nor has DTSC published any findings confirming that the mitigation system it approved meets or exceeds the PVMPDMP requirements. (see Attachment 3).  It is vital to ensure absolute compliance with these critical safety protocols to protect the health and well-being of the students, staff, the public, and the community.

Regulatory Gaps and Potential Noncompliance

It is deeply concerning that the O&M Agreement states that a “DTSC–approved Mitigation System” has been installed at 13150 Bluff Creek Drive, Los Angeles, California 90094, which is the location for the Playa Vista Elementary School.  It appears that:

§  The O&M Agreement fails to incorporate or reference the Playa Vista Methane Prevention Detection and Monitoring Program (PVMPDMP) as a standard for compliance, which raises serious concerns about its adequacy. 

§  The current system may lack the required and critically important PVMPDMP active ventilation safety features.  Essential components may differ as the PVMPDMP requires specific methane alarms, an underground gravel blanket with requisite depth and spacing for embedded lateral vent lines and vertical vent riser systems. The PVMPDMP includes the deep vent well (50’) system and early warning monitoring and alarm components. Overall, the systems must be kept at least one (1) foot away from groundwater to prevent failure from clogging with water, silt, or microbial activity. The dewatering systems are to be equipped with accurate volume monitoring and necessary emergency response protocols for ascertaining accurate functionality. 

§  There is an urgent need for comprehensive subsurface testing to accurately assess the thermogenic gas levels beneath the Playa Vista Elementary School. Past experiences with LAUSD school sites have revealed significant shortcomings in accurately gauging gas levels due to monitoring devices being clogged by silt, water, and other debris, leading to unreliable readings. 

§  Key decisions today center on pressing issues regarding gas migration and the dangers posed by gas leakage from SoCalGas and Playa del Rey Underground Gas Storage Operations. When Playa Vista Elementary School was approved for development, it was unknown that injected gas into the oilfield for storage (known as reservoir gas) was leaking to the surface.  Notably, in 2010, the SoCalGas and Playa del Rey gas operations were shut down by the California Geologic Energy Management Division (CalGEM) for about a year in an attempt to alleviate the reservoir gas leakage. 

§  Recently, in 2024, CalGEM mandated the shutdown of two SoCalGas and Playa del Rey wells due to persistent reservoir gas leakage to the surface. One well required work-over operations to stop the leak, while the other was abandoned to seal off the gas migration. Alarmingly, both wells are located close to Playa Vista and Playa Vista Elementary School. 

§  The City of Los Angeles' PVMPDMP was not designed to handle the elevated dangers posed by SoCalGas' reservoir gas leaking to the surface. The City of Los Angeles determined that the reservoir gas leakage or migration to the surface would require further assessment and potentially stronger mitigation requirements to offset the heightened dangers. 

§   The issues of known reservoir gas leakage to the surface have not yet been addressed by the City of Los Angeles regarding the Playa Vista site. It is believed that neither LAUSD nor DTSC has included the additional hazard potentials of reservoir gas leakage into the Playa Vista Elementary School site as part of their safety protocol. Playa Vista Elementary School and the entire Playa Vista area are in a zone where the City of Los Angeles determined gas mitigation systems must operate safely; otherwise, the site was deemed too dangerous for development. The same holds true today. 

§  Across the street (Lincoln Blvd.), to the west of the Playa Vista Elementary School site, is State Lands Commission (public trust) property overseen by Playa Vista.  Playa Capital LLC abandoned the oil well known as University City Syndicate, which is within the catch basin used by Playa Vista for runoff and the cleansed freshwater associated with the LARWQCB Clean Up and Abatement Order. Oilfield gases are outgassing over the location of the University City Syndicate, which is believed to be acting as a conduit for the thermogenic outgassing occurring today. 

§  Another Playa Vista abandoned oil well is within the Playa Vista site, adjacent to the Playa Vista Elementary School site.  The disposition of this well is unknown. 

§  There has been and continues to be an alarming lack of public disclosure regarding this critical safety issue. Playa Vista Elementary School is situated in a “Level III” methane hazard zone, which is classified as the highest risk category under city law. This designation mandates the most stringent mitigation measures, as outlined in LAMC § 91.7104.3.8.  Disturbingly, parents, staff, students, and the community remain uninformed about this serious risk, raising profound concerns about safety and transparency. 

§  All requests for a DTSC public outreach program have gone unanswered, exacerbating the community’s lack of awareness regarding these critical safety concerns.

Background and Regulatory Conflict with Specific Mandates

Playa Vista Elementary School is located within the “First Phase Playa Vista Project,” a zone designated by the City of Los Angeles for having areas of methane concentrations that exceed 12,500 ppmv (a “Level III” classification). This classification mandates the highest level of mitigation safety requirements under the PVMPDMP, which was approved on January 31, 2001.  

According to City of Los Angeles Ordinance No. 175790, it explicitly states:

91.7104.3.8.  Buildings Located in the First Phase Playa Vista Project.  The First Phase Playa Vista project, as approved by the City on September 21, 1993, and December 8, 1995, shall comply with the methane mitigation program as required by the Department pursuant to the Methane Prevention, Detection, and Monitoring Program approved by the Department on January 31, 2001, in lieu of the requirements of this division. (Attachment 1, pg. 9).

Yet, a troubling discrepancy arises in the findings of LAUSD’s 2024 Annual Gas Mitigation Inspection Report submitted to the DTSC (see Attachment 4). The report indicates that Playa Vista Elementary School is being managed solely under the O&M Agreement, failing to recognize or reference compliance with the essential requirements of the PVMPDMP. This oversight raises critical concerns regarding the safety and regulatory compliance of Playa Vista Elementary School.

The O&M Agreement was executed pursuant to California Health & Safety Code § 25355.5(a)(1)(C). While it grants DTSC the authority to oversee remediation and monitoring, it does not preempt or override municipal law or exempt Playa Vista Elementary School from Ordinance 175790.

Critically important is concern over the language in the O&M Agreement, particularly citing the term "Remediation”.  It seems that the DTSC believes that the gas mitigation system, for which it has oversight, is related to the Los Angeles Regional Water Quality Control Board’s (LARWQCB) Clean-up and Abatement Order concerning the historic contamination from the Howard Hughes/McDonnell Douglas Aircraft site which has ongoing “Remediation” of that portion of the site’s contamination.

To be clear, it is essential to note that the gas mitigation required by the PVMPDMP is not "remediation" and is not related to the LARWQCB's Clean-up and Abatement [remediation] Order for the Playa Vista site.

Instead, the PVMPDMP focuses on mitigating the perpetually highly hazardous outgassing from thermogenic oilfield gas.  These gases do not go away. While the volume of gases migrating to the surface may vary at any given time, outgassing is perpetual. In fact, it has been documented that their concentrations have been increasing in volume since the initial studies conducted by Exploration Technologies Inc. during the 2000-2001 timeframe.

This apparent confusion by DTSC and/or LAUSD is concerning due to the joint statement that the gas mitigation systems could be shut down. Fortunately, the principal of Playa Vista Elementary School stepped in, recognizing the importance of informing the parents and community about the situation.

In the meantime, 1) parents still have not been informed, 2) no public outreach or informational session has taken place, and 3) a portion of the PVMPDMP has been handed over to LAUSD for oversight, specifically, the dewatering of the gas mitigation systems to prevent system failure.

Both DTSC and LAUSD are aware of the clogging with water of the gas mitigation systems that has already occurred and reported it rather anecdotally in their reports.  This raises immense red flags as both DTSC and LAUSD appear to be unaware that the ability of the oilfield gas mitigation systems to perform at all depends upon keeping ALL WATER OUT OF THE SYSTEMS. It is well established that the gas mitigation systems fail when water, silt, or biological growth enters the delicate systems.

The PVMPDMP is not advisory. It is the controlling legal framework for methane mitigation in Playa Vista Phase One buildings, and it must be followed, regardless of any subsequent state agency agreements or regulatory actions, unless specifically exempted by law.

The current DTSC-approved system appears to lack fundamental PVMPDMP safeguards, including but not limited to:

§  Methane alarms and monitoring devices

§  50-foot gravel (LA Riverbed) deep vent wells

§  Impervious membranes

§  Subsurface utility seals

§  Emergency procedures approved by the Los Angeles Department of Building and Safety and the Fire Department

§  Regular public disclosures and reporting

These omissions suggest a dangerously inadequate methane risk management strategy that may pose direct health risks to the school community, who may not be aware that the site sits atop a known, active methane seep zone. 

Differentiating Methane and Oilfield Gas Risks at Playa Vista Elementary School from the Water Board’s Remediation — Critical RED FLAG Oversights Reiterated

It is imperative to clearly differentiate the risks associated with methane and oilfield gas at Playa Vista Elementary School from the volatile organic compounds (VOCs) and other toxic compounds in groundwater that are addressed by the Los Angeles Regional Water Quality Control Board’s (LARWQCB) Clean Up and Abatement Order. This order primarily targets remediating the historical groundwater contamination stemming from the former Howard Hughes/McDonnell Douglas aircraft operations in the area. It does not account for the geological hazards posed by methane, BTEX compounds (benzene, toluene, ethylbenzene, and xylene), hydrogen sulfide, or other subsurface gases that the Playa Vista Methane Prevention Detection and Monitoring Program (PVMPDMP) attempts to address. It is also important to note that the PVMPDMP has methane mitigation systems that were considered experimental. If they did not work, the site was considered too dangerous to develop.  Accountability is required to protect the public and the environment.

Despite this, it appears DTSC has relied primarily on the Water Board’s groundwater remediation framework while failing to implement the specific methane safety protocols mandated by the PVMPDMP. This suggests a serious regulatory gap and oversight. LARWQCB has never been part of the oversight for the oilfield gas mitigation systems. When DTSC/LAUSD requested LARWQCB assume their role concerning the dewatering of the Playa Vista Elementary School site's mitigation, it appears that neither DTSC nor LAUSD understood that the “Dewatering” oversight requested was directly a part of the PVMPDMP.  This omission is especially alarming because neither DTSC nor LAUSD clarified to the Waterboard the critical importance of the "Dewatering" necessary to keep the gas mitigation systems operational.

Moreover, it appears that DTSC/LAUSD did not assess or consider the in-depth geological and methane migration assessments conducted by the City’s independent oil and gas experts, Exploration Technologies Inc. (ETI). The insights from these experts constituted the scientific foundation for the requirements of the PVMPDMP.  Lack of incorporation of the ETI studies severely undermines the protective measures intended by the City of Los Angeles and raises urgent concerns about the effectiveness of the existing regulatory framework.

Human Impact — A Personal Account

This issue is not just a theoretical concern; it is deeply personal.  As a long-term resident of Fountain Park Apartments, part of the Playa Vista Phase One community, I have witnessed the devastating consequences of methane noncompliance firsthand. My family lived in the Fountain Park Apartments complex for over 20 years without ever being informed of its dangerous “Level III” methane hazard status. 

During my family's time at the Fountain Park Apartments, we suffered from a range of unexplained health issues that surfaced only after moving in. Tragically, some residents lost their lives, and we are left to wonder if these health crises were linked to the inadequate methane mitigation systems and prolonged exposure to toxic gases, including BTEX compounds and hydrogen sulfide. This situation highlights the grave impact that negligence can have on the lives of the innocent.

Public Health Consequences — A Legal Reality

A class action lawsuit has recently been filed against the property owners of the Fountain Park Apartments, highlighting their willful failure to comply with the PVMPDMP and their reckless endangerment of residents by subjecting them to hazardous living conditions.  (see Attachment 5).

Requests for Immediate Action 

We strongly urge DTSC to take prompt and decisive action to:

1. Conduct a thorough review and evaluation of the current mitigation system at Playa Vista Elementary School to ensure it fully complies with the PVMPDMP requirements. 

2. Collaborate closely with LADBS and the Fire Department to guarantee that Playa Vista Elementary School is brought into full compliance with all provisions of Ordinance 175790. 

3. Publicly disclose and communicate whether DTSC has conducted an assessment of the Playa Vista Elementary School site under the PVMPDMP framework, or if the agency considers the DTSC-approved Mitigation System to be equivalent to or superior to the PVMPDMP, and on what basis. 

4. Proactively inform the Playa Vista Elementary School staff, families, and the community about the potential risks posed by methane, details regarding Playa Vista Elementary School’s mitigation system, and any gaps between DTSC and City requirements. 

5. Immediately initiate a joint public outreach program involving DTSC and LAUSD to address these critical issues. 

Conclusion

The dangers associated with methane and other subsurface gases are not only well-documented but can also be life-threatening. City Ordinance 175790 and the PVMPDMP requirements are not optional and exist for a reason — to protect the health and safety of the community. These essential standards should not be overlooked or replaced by later state-level agreements that fail to address or ensure that their "DTSC-approved Mitigation System" in the O&M Agreement is equivalent to or superior to the PVMPDMP.

We appreciate your prompt attention to this crucial issue. We are eager to discuss this further at your earliest convenience, as we are dedicated to safeguarding public health and upholding regulatory integrity in methane-sensitive regions such as Playa Vista. Your collaboration is vital in addressing these concerns effectively. 

Sincerely,

Shontel Johnson
Former Resident, Fountain Park Apartments

Patricia McPherson
President, Grassroots Coalition

1. City of Los Angeles Ordinance No. 175790
2. Playa Vista Methane Prevention, Detection, and Monitoring Program (PVMPDMP)
3. 2013 DTSC – LAUSD Operation and Maintenance Agreement
4. 2024 Annual Gas Mitigation System Inspection Report
5. Class Action Complaint – Fountain Park Apartments (June 30, 2025)