20160906 Late CorrespondenceRECEIVED FROM �.✓�AND MADE MADE A PART OF THE RirCORD AT THE
COUNCIL MEETING OF c [&
OFFICE OF THE CITY GLERK
PAII1_A hAORSPA66i CITY OLER
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CITYOF RANCHO
PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: ACTING CITY CLERK
DATE: SEPTEMBER 6, 2016
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No. Description of Material
F Revised Agreement
Letters from V. Patrick Straub
2 Letter from Douglas Butler; Emails from: Denise Girardi; Thomas
Olson
3 Emails from: Sandra Valeri; Gary Randall; Mayor Pro Tem Campbell;
Email exchange between City Attorney Aleshire, Diane Smith and
Sandra Valeri; Email exchange between Deputy City Manager Yap
and Dawn Donatoni; Email exchange between Deputy City Manager
Yap and Michael Moore; Email exchange between Deputy City
Manager Yap and Dan and Wendy Murdoch; Email exchange between
Deputy City Manager Yap and Craig Handjian; Email exchange
between Deputy City Manager Yap and Joe Tabrisky; Email exchange
between Deputy City Manager Yap and David Potter; Email exchange
between Deputy City Manager Yap and Marcia Lee; Email exchange
between Deputy City Manager Yap and Mark Zoeckler; Email
exchange between Deputy City Manager Yap and Bradley Gardner;
Email exchange between Deputy City Manager Yap and Brent Daniel;
Email exchange between Deputy City Manager Yap and Julie Daniel;
Email exchange between Deputy City Manager Yap and Ken DeLong;
Letter from Jennifer Taggart
Respectfully submitted,
Teri Takaoka
W:\AGENDA\2016 Additions Revisions to agendas\20160906 additions revisions to agenda.doc
LEASE AGREEMENT
This Lease Agreement ("Lease") is made as of September, 2016 ("Effective Date") by and
between the City of Rancho Palos Verdes, a municipal corporation ("Landlord") and the Portuguese
Bend Nursery School, a California non-profit association ("Tenant").
RECITALS:
A. Landlord owns and controls that certain real property commonly known as Abalone Cove Beach
and commonly identified as 5970 Palos Verdes Dr S, Rancho Palos Verdes, CA 90275
("Beach").
B. Tenant operates a non-profit parent participation nursery school.
C. Landlord and Tenant have previously entered into that certain License Agreement dated by
Landlord on September 16, 2015 for the limited use of the certain areas and facilities on the
Beach ("License Agreement") which terminated on June 30, 2016 and is of no current force or
effect.
D. The parties desire to enter into an agreement for Tenant's use of the Beach area as set forth
herein.
NOW, THEREFORE, the parties agree as follows.
AGREEMENT
1. LEASE. Upon the terms and conditions of this Lease, Landlord hereby leases to Tenant and
Tenant leases from Landlord the exclusive right to use the Premises (as defined in Section 2)
from 9 a.m. to 12 noon on Tuesdays, Wednesdays, and Thursdays only ("Regular Hours"). In
addition to Regular Hours, Tenant may use the Premises from time to time for school related
events upon written request to and written approval by, the Director of Recreation and Parks, or
his/her designee ("RP Director") on behalf of Landlord ("Additional Hours")
2. PREMISES.
2.1. Premises. As used herein, the term "Premises" shall mean that portion of the Beach
just east of the lifeguard station, commonly described as the playground area,
consisting of two (2) small sheds, a fenced area, and storage, restroom and kitchen
facilities within the adjacent permanent structure as depicted on Exhibit A attached
hereto and incorporated herein by reference.
2.2. Right to Temporarily Relocate. Upon notice from Landlord that certain improvements
are required on or near the Premises ("Improvements"), Tenant shall temporarily
relocate within ten (10) days of Landlord's notice until the Improvements are completed.
Upon completion of the Improvements, Landlord shall notify Tenant which may
commence to use the Premises.
3. TERM; EARLY TERMINATION; SUSPENSION.
3.1. Term. The term of this Lease ("Term") shall commence on September 1, 2016
("Commencement Date") and terminate on June 30, 2017 ("Termination Date"),
unless sooner terminated pursuant to the terms of this Lease.
0
3.2. Early Termination. Either party may terminate this Lease with or without cause upon
ninety (90) days advance written notice to the other party. Upon Tenant's Default (as
defined in Section 8.1) or if Landlord determines that the continued operation of Tenant
at the Premises poses a health or safety risk to the Participants (as defined in Section
5.2), Landlord may immediately terminate this Lease upon written notice to Tenant.
3.3. Right to Immediately Suspend Lease. In the event that an authorized representative
of Landlord finds that the activities being held on the Premises endanger the health
and/or safety of persons on or near the Premises, or in the event that Landlord
determines that there is a potential emergency or any other risk to the Participants,
Landlord may notify Tenant to cease the activities or cease its use of the Premises, at
Landlord's discretion, and Tenant shall immediately comply.
3.4. Holding Over. Any holding over after the expiration of the Term, with or without the
consent of Landlord, express or implied, shall be construed to be a tenancy from month
to month, cancellable upon thirty (30) days written notice.
4. RENT.
4.1. Annual Rental. For use of the Premises for both Regular Hours and Additional Hours
during the Term, Tenant shall pay to Landlord the sum equal to Fifteen Dollars ($15)
per hour ("Hourly Rate") for actual use of the Premises ("Annual Rent"). Tenant is
obligated to provide the Monthly Reports as specified in Section 4.3. The Annual Rent
shall be calculated in accordance with Section 4.3. The Annual Rent shall be paid by
Tenant within five (5) days of its receipt of the Approved Final Report. All rental to be
paid by Tenant to Landlord shall be in lawful money of the United States of America and
shall be paid without deduction or offset, prior notice or demand.
4.2. Volunteer Credits.
(a) Volunteer Hours. Tenant may apply as a credit at the rate of Twenty -Three Dollars
($23) per hour ("Volunteer Credits") against the Annual Rent for (a) service hours
provided by volunteers for (i) Landlord approved work on the Premises, (ii) regular
maintenance service, and (b) out-of-pocket expenses incurred by Tenant for such
improvements approved by Landlord. To qualify for Volunteer Credits, Tenant shall
provide to Landlord (i) reasonable evidence of the service hours, and (ii)
documentation for out-of-pocket costs. All service work must be performed to
Landlord's reasonable satisfaction. All volunteer hours and expense reimbursements
must be submitted in writing and approved by the RP Director, before being credited
on the Monthly Report. Notwithstanding the foregoing, the total amount of Volunteer
Credits may not exceed fifty percent (50%) of the total Annual Rent due for the Term.
Example: Tenant uses the facility for 200 hours x $15 hour= $3,000. The maximum
amount of the Volunteer Credits may not exceed $1,500 for the Term.
(b) Inclement Weather. In the event that Tenant cannot use the Premises during
Regular Hours due to inclement weather, Tenant shall not be obligated to pay the
Hourly Rate for such time period ("Rained -Out Credits"). However, to qualify for
such exemption, Tenant must report the Rained -Out Days on the Monthly Report as
required in Section 4.3 specifying the specific days and hours.
4.3. Reports. By the fifth (5th) day of the following month during the Term, Tenant shall
provide a detailed summary in a form mutually agreeable to Tenant and Landlord
executed by Tenant verifying the following information for both the preceding month and
year-to-date: (i) total Regular Hours, (ii) hours for Special Events, (iii) any credit for
Rained -Out Credits; and (iv) Volunteer Credits ("Monthly Report"). Tenant shall
promptly provide any supporting documentation requested from time to time by
Landlord. Landlord shall review the Monthly Report and provide any comments within a
reasonable time. At the end of the Term, the final Monthly Report shall include the
calculation of the Annual Rent after reduction for Rained -Out Credits and Volunteer
Credits and be submitted to the RP Director who shall act on behalf of Landlord ("Final
Report"), If the Final Report is not approved by Landlord, Landlord shall promptly notify
Tenant in writing specifying the information in dispute. If Tenant and Landlord do not
agree as to the information and calculation on the Final Report, the parties shall meet to
resolve any amounts in dispute. Landlord shall notify Tenant in writing of its approval of
the Final Report ("Approved Final Report"). Upon receipt of the Approved Final Report
Tenant shall promptly pay the Annual Rent specified therein in accordance with Section
4.1.
4.4. Additional Rental. All monetary obligations of Tenant under this Lease shall be
additional rental and deemed "Rent" for purposes of this Lease.
4.5. Personal Property & Real Property Taxes. Tenant shall pay any and all personal
property taxes assessed against Tenant. To the extent that any ad valorem tax is
imposed, or sought to be imposed, on the Premises (either in the form of a possessory
interest tax or otherwise) as a result of Tenant's use of the Premises, Tenant shall pay
same to Landlord. Any such amounts shall be paid to Landlord within ten (10) days after
receipt of a copy of the tax bill from Landlord. Upon termination of this Lease, Tenant
shall immediately pay to Landlord any final amount of Tenant's share of such taxes and
assessments as determined by Landlord.
5. USE: DEFINITION OF PARTICIPANT.
5.1. Use. Tenant shall only use the Premises for the operation of its parent participation
daycare nursery school for Participants (as defined below) and no other purpose.
5.2. Definition of Participant. As used in this Lease, the term "Participant" shall include,
but is not limited to, any person, whether adult or child, who participates for any period
of time in one or more of Tenant's activities consistent with Section 6.1 or is otherwise
on the Premises in affiliation with Tenant for any reason. "Participant" includes a
participant's parent or legal guardian if that participant is a minor.
5.3. Prohibited Uses. Tenant shall not sell or permit to be kept, used, displayed or sold in or
about the Premises (a) pornographic or sexually explicit books, magazines, literature,
films or other printed material, sexual paraphernalia, or other material which would be
considered lewd, obscene or licentious: (b) any article which may be prohibited by
standard forms of fire insurance policies; (c) any controlled substances, narcotics, or the
paraphernalia related to the same; or (d) alcoholic beverages. Tenant shall not do or
permit anything to be done in or about the Premises which will in any way obstruct or
interfere with the rights of other parties or injure or annoy them or use or allow or permit
the Premises to be used for any improper, immoral, unlawful, or objectionable purpose.
Tenant shall not cause, maintain or permit any nuisance in or about the Premises, or
commit or suffer to be committed any waste upon the Premises.
6. TENANT'S OBLIGATIONS. At Tenant's sole cost and expense, Tenant shall comply with all of
the following covenants:
A. Comply with and abide by all applicable rules and regulations adopted by Landlord.
B. Comply with all applicable city, county, state and federal laws, and in the course thereof
obtain and keep in effect all permits and Leases that are required to conduct the
authorized activities on the Premises.
C. Maintain the Premises occupied in a clean and sanitary condition at all times, and report
to Maintenance Superintendent (310-544-5221) all vandalism and/or damage to the
Premises by man-made or natural causes.
D. Operate without interfering with the public use of the Premises.
E. Promptly remove any person including any officer, employee, agent, volunteer or
Participant who fails to conduct the authorized activities on the Premises in the manner
described in this Lease.
F. Not utilize or allow any of its officials, officers, employees, agents and volunteers to
utilize any vehicle exceeding 6,000 pounds gross vehicle weight within any area other
than the upper parking lot, so that such vehicles are precluded from the entire Abalone
Cove Beach, including the lower parking area that is located adjacent to the Abalone
Cove Beach.
G. Not allow more than seven (7) vehicles belonging to Tenant or its officials, officers,
employees, agents, volunteers or Participants to be parked in the "on beach" parking
lot.
H. Require that all vehicles used for the purpose of delivering or retrieving Participants
shall be parked off the road in the cleared space provided at the ingress/egress gate.
I. Keep the road and its access clear at all times for Landlord and emergency vehicles.
J. Promptly repair or cause to be repaired any and all damaged property arising out of the
conduct of Tenant's activities on the Premises.
K. Upon termination of this Lease for any reason, restore the Premises to the condition
that existed prior to the Commencement Date, other than as a result of ordinary wear
and tear and damage or destruction from forces beyond the control of Tenant.
L. Provide all security devices reasonably necessary for the protection of the fixtures and
personal property used in the conduct of the authorized activities of Tenant from theft,
burglary or vandalism, provided written approval for the installation thereof is first
obtained from the RP Director.
M. Not display advertising signs on or near the Premises other than signage displaying the
name of Tenant.
N. Employ an independent lifeguard any time Tenant activities are in or near the water or
any time Tenant's Participants who are minors have reasonable access to the water.
O. Permit the RP Director or other authorized representatives of Landlord to enter the
Premises at any time.
7. ALTERATIONS AND IMPROVEMENTS. Tenant accepts the Premises in the state and
condition as of the Commencement Date and waives any and all demands upon Landlord for
alteration or improvement thereof. Tenant shall make no alterations or improvements to the
4
Premises without the written prior approval of the RP Director acting on behalf of Landlord.
Tenant shall keep the Premises free from any liens arising out of any work performed, materials
furnished or obligation incurred by Tenant or on behalf of Tenant. Tenant shall pay or cause to
be paid any and all such claims or demands before any action is brought to enforce same
against the Premises. Notwithstanding anything to the contrary in this Lease, any and all
alterations, additions, or betterments to the Premises by Tenant shall become the property of
Landlord upon termination of this Lease and Landlord shall have no obligation to reimburse or
compensate Tenant for such improvements.
8. DEFAULT.
8.1. Default by Tenant. The occurrence of any one or more of the following events shall
constitute a default and breach of this Lease by Tenant ("Default"):
(a) The failure by Tenant to make any payment of Rent or any other payment required to
be made by Tenant hereunder, as and when due, where such failure shall continue
for a period of three (3) days after written notice by Landlord to Tenant; or
(b) A failure by Tenant to observe or perform any of the covenants, conditions or
provisions of this Lease to be observed or performed by Tenant, where such failure
shall continue for a period of fifteen (15) days after written notice by Landlord to
Tenant; provided, however, that if the nature of the default involves such that more
than fifteen (15) days are reasonably required for its cure, then Tenant shall not be
deemed to be in default if Tenant commences such cure within such fifteen (15) day
period and thereafter diligently prosecutes said cure to completion.
Any notice required to be given by Landlord under this Section 8 shall be in lieu of and not
in addition to any notice required under Section 1161 of the California Code of Civil
Procedure.
8.2. Remedies. In the event of any Default by Tenant, Landlord may at any time thereafter,
without further notice or demand, rectify or cure such Default, and any sums expended
by Landlord for such purposes shall be paid by Tenant to Landlord upon demand and
as additional rental hereunder. In the event of any such Default by Tenant, Landlord
shall have the right (i) to continue this Lease in full force and effect and enforce all of its
rights and remedies hereunder, including the right to recover the rental as it becomes
due under this Lease, or (ii) Landlord shall have the right at any time thereafter to elect
to terminate the Lease and Tenant's right to possession thereunder. Upon such
termination, Landlord shall have the right to recover from Tenant:
(a) The worth at the time of award of the unpaid rental which had been earned at
the time of termination;
(b) The worth at the time of award of the amount by which the unpaid rental which
would have been earned after termination until the time of award exceeds the
amount of such rental loss that Tenant proves could have been reasonably
avoided;
(c) The worth at the time of award of the amount by which the unpaid rental for the
balance of the term after the time of award exceeds the amount of such rental
loss that Tenant proves could be reasonably avoided; and
(d) Any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant's failure to perform its obligations under the lease
or which in the ordinary course of things would be likely to result therefrom.
The "worth at the time of award" of the amounts referred to in subparagraphs
(i) and (ii) above shall be computed by allowing interest at three percent (3%) over the
prime rate then being charged by Bank of America, N.A. but in no event greater than the
maximum rate permitted by law. The worth at the time of award of the amount referred
to in subparagraph (iii) above shall be computed by discounting such amount at the
discount rate of the Federal Reserve Bank of San Francisco at the time of award plus
one percent (1 %), but in no event greater than ten percent (10%).
As used herein "rental" or "rent" shall be the fair market rental set forth in
Section 1.8, including the other sums payable hereunder which are designated "rent",
"rental" or "additional rental" and any other sums payable hereunder on a regular
basis.
Such efforts as Landlord may make to mitigate the damages caused by Tenant's
breach of this Lease shall not constitute a waiver of Landlord's right to recover damages
against Tenant hereunder, nor shall anything herein contained affect Landlord's right to
indemnification against Tenant for any liability arising prior to the termination of this
Lease for personal injuries or property damage, and Tenant hereby agrees to indemnify
and hold Landlord harmless from any such injuries and damages, including all
attorney's fees and costs incurred by Landlord in defending any action brought against
Landlord for any recovery thereof, and in enforcing the terms and provisions of this
indemnification against Tenant.
Notwithstanding any of the foregoing, the Default of this Lease by Tenant shall
not constitute a termination of this Lease, or of Tenant's right of possession hereunder,
unless and until Landlord elects to do so, and until such time Landlord shall have the
right to enforce all of its rights and remedies under this Lease, including the right to
recover rent, and all other payments to be made by Tenant hereunder, as they become
due. Failure of Landlord to terminate this Lease shall not prevent Landlord from later
terminating this Lease or constitute a waiver of Landlord's right to do so, including the
prosecution of any unlawful detainer action against Tenant.
8.3. No Waiver. The waiver by Landlord of any term, covenant or condition shall not be
deemed to be a waiver of such term, covenant or condition on any subsequent breach
of the same or any other term, covenant or condition in this Lease. Acceptance of late
payment of Rent by Landlord shall not be deemed a waiver of any preceding breach by
Tenant of any term, covenant or condition of this Lease.
8.4. Landlord's Default. Landlord shall not be in default unless Landlord fails to perform
obligations required of Landlord within a reasonable time, but in no event later than
fifteen (15) days after written notice by Tenant to Landlord, specifying wherein Landlord
has failed to perform such obligation; provided, however, that if the nature of Landlord's
obligation is such that more than thirty fifteen (15) days are required for performance
then Landlord shall not be deemed in default if Landlord commences performance
within a fifteen (15) day period and thereafter diligently prosecutes the same to
completion. Tenant shall have the right to terminate this Lease as a result of Landlord's
default but not to any damages.
9. INDEMNITY. Tenant shall defend, indemnify and hold harmless Landlord and its officials,
officers, employees, and agents free and harmless from all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, of
any kind or nature) including actual attorneys' fees, experts' fees, or court costs incurred by
Landlord, to the extent arising out of or in any way connected with, in whole or in part, the
negligent or other wrongful or reckless acts, omissions or willful misconduct of Tenant or any of
Tenant's officials, officers, employees, agents, volunteers and Participants in the use of the
Premises, except for such loss or damage arising from the sole negligence or willful misconduct
of Landlord.
10. TENANT'S INSURANCE. During the Term, Tenant shall at all times obtain, maintain, and keep
in full force and effect, a policy or policies of general liability insurance with minimum limits of
One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000)
general aggregate for bodily injury, death, loss or property damage in relation to this Lease. The
general liability insurance shall contain endorsements naming Landlord and its officers, officials,
agents and employees as additional insureds.
a. Tenant shall at all times during the term of this Lease obtain, maintain, and keep in full
force and effect, a policy or policies of Automobile Liability Insurance as required by law.
b. Tenant shall at all times during the term of this Lease obtain, maintain, and keep in full
force and effect Workers' Compensation insurance as required by the law.
c. All insurance policies shall be issued by an insurer admitted to do business in the State
of California and rated in A.M. Best's Insurance Guide with a rating of A.VII or better.
d. All insurance policies shall provide that insurance coverage shall not be cancelled by
the insurance carrier without thirty (30) days prior written notice to Landlord or ten (10)
days if cancellation is due to nonpayment of premium. Tenant agrees that it will not
cancel or reduce said insurance coverage.
e. Tenant agrees that if it does not keep the required insurance in full force and effect
throughout the full term of this Lease, Landlord may immediately terminate this Lease.
f. Tenant shall file with Landlord prior to commencement of this Lease either certified
copies of said policies or certificates of insurance executed by the company or
companies issuing the policies, certifying that the policies are in force in the required
amounts. At all times during the term of this Lease, Tenant shall maintain on file with
Landlord Clerk the certified copies of the policies or the certificates of insurance
showing that the aforesaid policies are in effect in the required amounts.
g. The insurance provided by Tenant shall be primary to any coverage available to
Landlord. The insurance policies (other than Workers' Compensation) shall include
provisions for waiver of subrogation.
11. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublease all or any
portion of the Premises in any way without the prior written consent of Landlord which may be
withheld in Landlord's sole discretion. Any attempted assignment or sublease without
Landlord's prior written consent shall be null and void, and Tenant shall hold harmless, defend
and indemnify Landlord and its officers, officials, employees, agents and representatives with
respect to any claim, demand or action arising from any unauthorized assignment or sublease.
12. INDEPENDENT CONTRACTOR; NO PARTNERSHIP. Tenant is and shall at all times remain,
as to Landlord, a wholly independent contractor. Neither Landlord nor any of its agents shall
have control over the conduct of Tenant or any of Tenant's employees, except as herein set
forth. Tenant shall have no power to incur any debt, obligation, or liability on behalf of Landlord
or otherwise act on behalf of Landlord as an agent. Tenant shall not, at any time or in any
manner, represent that it or any of its officials, officers, agents, employees, volunteers or
Participants are in any manner agents or employees of Landlord. Tenant shall fully comply with
all Workers' Compensation laws regarding Tenant and its employees. Tenant further agrees to
indemnify and hold Landlord harmless from any failure of Tenant to comply with applicable
Workers' Compensation laws. Furthermore, the relationship of the parties is that of Landlord
and Tenant. Landlord does not in anyway or for any purpose become a partner of Tenant in the
conduct of Tenant's activities, programs, services, or charitable purposes or activities.
13. NOTICE. Except as otherwise required by law, any notice, request, direction, demand, consent,
waiver, approval or other communication required or permitted to be given hereunder shall not
be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified
mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such
other address as either party may hereafter notify the other in writing as aforementioned.
Landlord: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: Daniel Trautner, Deputy Director, Recreation and
Parks Department
With copy to: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn: City Attorney
Tenant: Portuguese Bend Nursery School
3420 Palos Verdes Drive West
Rancho Palos Verdes, CA 90275
Attn: Sandy Holderman, Director
With copy to: Portuguese Bend Nursery School
308 Lois Lane
San Pedro, CA 90732
Attn: Caitlin Blancy, President
Either party may change the address set forth herein by written notice sent as provided
hereinabove. Any notice or demand given by certified mail, return receipt requested, shall be
effective two (2) days after the mailing.
14. NONDISCRIMINATION. Tenant herein covenants for itself, its heirs, executors, administrators
and assigns and all persons claiming under or through it, and this Lease is made and accepted
upon and subject to the condition that there shall be no discrimination against or segregation of
any person or group of persons on account of race, sex, marital status, color, creed, national
origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment
of the Premises herein leased, nor shall Tenant itself, or any person claiming under or through
it, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees,
subtenants or vendees in the Premises.
15. MISCELLANEOUS.
W
15.1. Entry and Inspection. Tenant shall permit Landlord and its agents to enter into and
upon the Premises at all reasonable times for the purpose of inspecting the same for
compliance with applicable municipal or other laws, rule, and regulations, for the
purpose of assuring that Tenant is complying with the terms and conditions of this
Lease, for the purpose of confirming maintenance of the Premises as required by this
Lease, and/or to evaluate the completion of work requested and undertaken by Tenant
(including compliance with correction notices, if any), or for the purpose of posting
notices of non -liability for alterations, additions or repairs, or for the purpose of placing
upon the Premises any usual or ordinary signs or any signs for public safety as
determined by Landlord. Landlord shall be permitted to do any of the above without any
liability to Tenant for any loss of occupation or quiet enjoyment of the Premises.
15.2. Estoppel Certificate. Upon written request of Landlord, Tenant agrees, within ten (10)
days to deliver such estoppel certificate in the form reasonable required by Landlord.
15.3. Applicable Law. California law shall apply to this Lease and Los Angeles County shall
be the proper venue for any litigation.
15.4. Successors & Assigns. All covenants shall, subject to the provisions as to
assignment, apply to and bind the heirs, successors, executors, administrators and
assigns of the parties.
15.5. Integrated Agreement. This Lease represents the entire and integrated Lease
between Landlord and Tenant and supersedes all prior negotiations, representations or
leases, either written or oral, including but not limited to, the License Agreement.
15.6. Amendment. This Lease may be modified or amended, or provisions only by a
subsequent written document executed by both parties.
15.7. Interpretation. This Lease shall be interpreted as if drafted by both parties.
15.8. Severability. If any term or portion of this Lease is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Lease shall continue in full force and effect.
15.9. Authority. Tenant represents that each individual executing this Lease on behalf of
Tenant is duly authorized to execute and deliver this Lease on behalf of Tenant, in
accordance with a duly adopted resolution of the Board of Directors, and that this Lease
is binding upon Tenant in accordance with its terms. Tenant represents and warrants to
Landlord that the entering into this Lease does not violate any provisions of any other
agreement to which Tenant is bound.
15.10. Attorney's Fees. In the event that any action or proceeding is brought by either party
to enforce any term or provision of this Lease, the prevailing party shall recover its
reasonable attorneys' fees and costs incurred with respect thereto.
15.11. Waiver. No delay or omission in the exercise of any right or remedy by a non -defaulting
party shall impair such right or remedy or be construed as a waiver. A party's consent to
or approval of any act by the other party requiring the party's consent or approval shall
not be deemed to waive or render unnecessary the other party's consent to or approval
of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of
this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the Effective Date.
TENANT: LANDLORD:
PORTUGUESE BEND NURSERY SCHOOL, RANCHO PALOS VERDES,
a California non-profit association a municipal corporation
Sandy Holderman, Director
10
0
Brian Campbell, Mayor Pro Tem
ATTEST
Carla Morreale, City Clerk
Dated: 12016
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David Aleshire, City Attorney
EXHIBIT A
DEPICTION OF PREMISES
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iwc'-`47'9,�l�i�y
COMMUNITY DEVELOPMENT
C) if=�!i'
August 23, 2016 �"
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Dear CDD:
I am writing concerning your public notice of a hearing that will consider a revision to Terranea
resort and Spa's request to erect a 765 square foot outdoor pool kitchen. Regrettably, I will be
unable to attend the hearing.
I am a neighbor of Terranea, and I patronize their golf course, restaurants and lodging. I
delighted that they are our neighbor.
I have no issue with the addition of an outdoor kitchen. I do have a problem with the increased
traffic and subsequent noise it produces in our backyard. While one must expect noise when
one's property backs up to major street, the traffic volume and accompanying noise have made
me abandon most of the time I might spend in my backyard.
As our neighbor improves their resort and makes it more attractive there must be an increase
in the volume of traffic. Hence, it would seem appropriate that the city (based upon additional
tax revenues received from Terranea) and or Terranea resort should both consider helping in
the noise abatement for those of us who have homes that back up to Palos Verdes Drive West
in the Sea Bluff community.
The traffic volume has dramatically increased when contrasted with the pre-Terranea period.
In fact there was a very bad accident that occurred at the corner of Palos Verdes Drive West
and Sea Hill Road last Friday afternoon. Apparently it is not a well designed intersection.
Your consideration and assistance in this matter is greatly appreciated.
`Very Tru Youra
V. Patri< traub
Aug 26 2016 09:58 Douglas Butler page I
Rancho Crest Homeowners Association
c/o Douglas Butler, President
5417 Valley View Road
Rancho Palos Verdes, California 90275-5092
home
cell
fax
August 10, 2016
Via Fax 310 544 5292
Nicole Jules
Deputy Director
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes CA 90275
Re: City Council Agenda Sept 6, 2016
Update on Del Cerro Parking Plar
Dear Ms. Jules:
'RE( =,
THe Rancl-o Crest Homeowners Association (Valley View Road) is
happy with the existing Del Cerro Parking Plan.
However we would like a red curb for 100 feet on the North Eas-_
corner of Crenshaw Blvd. and Valley View Road. This would make
it much easier to exit Valley View Road onto Crenshaw Blvd.
There continues to be a problem with speeding on Crenshaw Blvd,
South of Crest Road. We would like posted speed limit signs on
Crenshaw Blvd.
Also we would like a painted crosswalk across Crenshaw Blvd. at
--he South Side of Valley View Road.
Sincerely,
Douglas Butler
President, Rancho Crest
Homeowners Association
From: Denise Girardi [mailto:dhgirardi@cox.net]
Sent: Tuesday, September 06, 2016 1:14 PM
To: Nicole Jules <NicoleJ@rpvca.gov>
Subject: Crenshaw Boulevard Status
Dear Nicole,
I wanted to inform you of what I have observed regarding the changes to Crenshaw Boulevard for tonight's City Council
meeting.
The new plan seems to be working very well. Occasionally, I have observed cars double-parking on Crenshaw waiting for a
parking spot to open up. I have no knowledge of any safety incidents that might have occurred because of the double-parking,
but the City might want to address that issue.
One of my neighbors on Burrell Lane mentioned to me this morning that she has seen people smoking on the trail, usually after
dark.
The fire hazard is my biggest concern. I believe the Sheriff and Park Rangers are patrolling for this type of activity, but they are
limited in how often they are on Crenshaw and the trail.
Lastly, one of our Park Place residents has issues with the dedicated parking spaces on Park Place which he has separately
brought to your attention and the City Council's. My husband, John Girardi, and I fully support your attempts to resolve this
for the homeowner.
Overall, the changes to Crenshaw have made a very positive impact on safety for our neighborhood. Thank you for your
dedication and help in implementing them.
Best regards,
Denise Girardi
5 Burrell Lane, RPV
) I
From:
Sent:
To:
Subject:
Attachments:
Late correspondence... for item #2
310-544-5275
Nicole Jules
Tuesday, September 06, 2016 4:17 PM
Nathan Zweizig; Teresa Takaoka
FW: Park Place (street at Del Cerro Park) very serious dangerous and adverse impact
needing immediate Council action
Bullet Points for City Council Meeting Sept 6 2016.docx; Park Place HOA Letter to RPV
Traffic Safety Committee.pdf
From: pvpprof [mailto:pvpprof@gmail.com]
Sent: Tuesday, September 06, 2016 2:40 PM
To: Ken Dyda <Ken.Dyda@rpvca.gov>; Brian Campbell <BrianC@rpvca.gov>; Brian Campbell <BrianC@rpvca.gov>;
Anthony Misetich <AnthonyM@rpvca.gov>; Anthony Misetich <AnthonyM@rpvca.gov>; Jerry Duhovic
<JerryD@rpvca.gov>; Jerry Duhovic <JerryD@rpvca.gov>; Susan Brooks <SusanB@rpvca.gov>; Susan Brooks
<SusanB@rpvca.gov>
Cc: Doug Willmore <DWiIImore@rpvca.gov>; Nicole Jules <NicoleJ@rpvca.gov>; Michael Throne <MichaelT@rpvca.gov>
Subject: Re: Park Place (street at Del Cerro Park) very serious dangerous and adverse impact needing immediate Council
action
Good afternoon RPV City Council.
I am attaching talking points for my opportunity to speak with you tonight. I have also attached the letter to the
City of RPV prepared by the President of our HOA, Mr. Steven Anderson.
I am very hopeful that you'll come to understand the depth and breadth of problems we have on Park Place at
Del Cerro Park. And I do hope for a Council motion to further study all these huge problems and
find solutions as soon as possible.
Additionally, for the staff report on Crenshaw and neighborhoods for tonight's meeting, there is a copy of a e-
mail from me - though it is not of any substance as the many sent to the City of RPV since January 2016. Any
and all of these e-mails could and should have used - many with attached pictures and video. As is commonly
said, 'a picture can (and does) tell a 1000 words. I ask that the Council request from Nicole Jules and receive
and review each of these - especially with video and picture support. This can easily be accomplished by Ms.
Jules preparing an on-line site and post these e-mails and picture there for the Council to have
and review. Without these materials, the Council would be lacking substantive information.
The URL for the report to be discussed tonight is:
http://rpv.granicus.com/MetaViewer.php?view id=5&event id=724&meta id=29925
Very best regards,
Thomas Olson
Park Place HOA
On Mon, Sep 5, 2016 at 11:40 PM, pvpprof <pvpprofcr gm.,wrote:
Dear esteemed City Council Members,
I am writing to share a video of just one of hundreds and hundreds of dangerous and adverse impacting
events - all very much alike. This video is but one that that I and my neighbors see repeated essentially every
minute of every daylight and some evening hour of every day during the year. The same adverse driving and
safety and parking incidents all occur on Park Place - the street immediately north of Del Cerro Park.
In this video you see a white van parked for some time literally blocking ingress and egress to and from my
driveway. I decided to video this for you as but one example of what I and my neighbors must confront every
day. I did so as I needed to approach the van to 'ask' (very cautiously) the driver to move so that I could leave
my home. You will see this white van move forward as I approach the end of my driveway.
The van moves enough to allow me to drive out from my home to the street, and I do this some minutes later
when I turn off the video. This said, however, you will see that the van does not clear the area - for as it
moves from blocking my driveway, to 'park at the red curb'. This creates further problems for more and more
vehicles entering onto Park Place and trying to turn around. However, as the van is illegally 'red curb' parked,
the vehicles trying to turn around cannot do so in one continuous 'loop' - they must start to turn, back-up, and
then finish the turn -around - creating more time and safety hazards. Additionally, as you can see after the van
moves, there then is a continuous flow of, by my count, 11 vehicles entering, trying to turn around and then
drive east on Park Place toward Crenshaw. The time of this video action is approximately 2 (two) minute or
so. At this rate, the volume of vehicles would be at a rate of 1,000s and 1,OOOs of vehicles per day.
Park Place is a 1 block long cul-de-sac street. And I'll wonder for each Council member if any of you, or for
that manner anyone, can imagine, let alone feel, what it would be like living on a one block cul -d -sac intended
to minimize traffic flow? Should any citizen in RPV be subjected to this kind of adverse situation on a 1
block long cul-de-sac?
As you can all very likely understand, this is very stressing and substantive evidence of loss of personal and
property rights with accompanying increasing fear of personal safety. I have been assaulted (w Sheriff
reports) a number of times, and I am very afraid of approaching anyone parked blocking my driveway, double-
parked inhibiting ingress or egress, or in any other way. My - and my entire family's - quality of life is dismal
at my/our dream home on Park Place. And I dearly hope that I and others don't need to suffer more serious
injury or death before the City of RPV takes immediate and corrective measures to eliminate.
Park Place is a very disturbing location now. There are 1,OOOs of adverse 'incidents' demonstrating threats
to safety including assault, huge traffic flow jams and intense competition for parking including confrontations
between out of town 'visitors' with local RPV residents.
We at Park Place have been beset with continuing and persistent dangerous and adverse impact re:
1. significant averse safety w aggressive and maligning behaviors & assaults,
2. huge traffic flow (minimum greater thanl,000 vehicles per day) and
3. aggressive and competing parking and other adverse/threatening behaviors.
Unfortunately, I have health challenges too and am handicapped. Nonetheless, someone must speak for us,
and I will trying to attend the City Council meeting tomorrow night, September 6, 2016. And I hope to have
the opportunity in a very short period of speaking time to inform the Council of what seemingly is not being
described in the recent staff report scheduled. This is a very dangerous and always present and occurring
'situation' that must be addressed immediately with significant solutions.
As this is but one video, I ask Nicole Jules to post the I Os and I Os and I Os of pictures and video that I have
provided the City as evidence and examples of our plight at Park Place just over the past months.
Will the City please ask Ms. Jules to do this for you all to see a'visual history'?
If there is some or any difficulty in seeing or receiving the video that was to be 'attached' /'forwarded' with this
e-mail, please let me know by reply e-mail as soon as possible. And I will then do whatever is necessary to
drive to the City Hall and share this video with Staff in whatever way works so that they can share with you.
Best regards,
Thomas Olson
Park Place HOA
City Council Meeting, September 6, 2016
1. Quitclaim, dated 10/30/1979, for "public park" (known today as Del Cerro) states specific
requirements. THERE IS NO PARKING REQUIREMENT.
2. No known legal basis for parking stalls on Park Place at Del Cerro Park.
3. ROAD Deed for Park Place street, June 1980, includes very detailed 'map' with specific measurements.
THERE IS NO PARKING authorized or approved or granted here.
4. Reference Steven Anderson (PVPP HOA President) letter dated April 25, 2016:
It would be unreasonable to deny that this amount of traffic flow funneled down Park
Place as a result of the new parking restrictions implemented by the City, and in
such close proximity to the residences on the street, presents a true threat to the
safety and security of Park Place residents and diminishes their rights to the
quiet enjoyment of their properties. The only way to remedy these issues is to grant
the Park Place residents' request for RVP permit parking on the street. In addition, it is
in the best interest of all RPV residents for the Committee to grant this relief to avoid the
potential of any liability the City could face should this enhanced traffic flow caused
by City policies result in injury to residents or others on Park Place.
An unintended consequence of the new parking restrictions has been to shift to Park
Place the traffic and congestion that had been occurring on and around the Crenshaw
extension (e.g., cars repeatedly driving the length of the extension looking for a parking
spot and then making a three-point U-turn at the end of the extension to drive back out
when no spot was available).
I can confirm... concerns with the traffic and congestion on Park Place as a
result of the new parking restrictions implemented by the City are very real.
... In the span of about 10 minutes, I saw approximately15 vehicles turn from
Crenshaw onto Park Place, proceed up the street to look for an open parking stall
(which were all filled), make a U-turn in the tight circle at the end of the street that
abuts the driveways for residences 1 and 3 Park Place, and then proceed back
out to Crenshaw. In addition, while most of these cars were making the U-turn, I
observed the young children of our newest HOA member, Benny Da (No. 3), who 1
understand are ages 3 and 6, playing at the end of their driveway within about three feet
of the passing cars.
The current conditions interfere with the rights of the Park Place residents to the
quiet enjoyment of their properties.
5. City of RPV has done the following re approving / not approving Permit Parking for
Park Place:
a. approved with Petition — Jan to March 2016;
99998-00012/8328746.1 reference Quinn Emanuel Law
b. disapproved because of incorrect statement #10 in first 2016 survey -- the H&A
Report
c. stated it would conduct a second survey -- by yet to be identified consultant —
which indicates some of each parking stall is "in the park," and some of each stall is not.
d. City Manager states he will be working to find solution to allow.
e. No solution has yet been presented.
6. Key elements include no known approval for parking stalls — ever.
7. No City of RPV traffic study for Park Place
8. Summary: Loss of Park Place homeowner rights to quiet enjoyment of their
properties; lack of specific confirmation of approval of parking stalls; and no statement
of any Deed that describes parking -- demonstrates Park Place needs to be RPV
Neighborhood Parking Permit Only, just as are all the other 100s of properties
proximate to Del Cerro Park.
99998-00012/8328746.1 reference Quinn Emanuel Law
86Soul:h Figuez0n Street, loth Floor, Los Augeles, C: diforr[ia 900K7 -1S43 TEL 613) 443-3-00 FAX (213)
WRITER'S EMAIL ADDRESS
stevenanderson@quinnemanuel.com
April 25, 2016
VIA E-MAIL,
TRAFFIC@RPVCA.GOV
Rancho Palos Verdes Traffic Safety
Commission
Rancho Palos Verdes City Hall
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: Park Place HOA Request for RPV Permit Parking for Park Place
Dear Traffic Committee Members:
I am the president of the Park Place Homeowners Association (covering Burrell Lane and Park
Place) since the start of 2016. I want to express on behalf of our HOA how grateful we are for
all the parking restrictions that have been implemented in the past several months by the City —
the red striping on the Crenshaw extension to Burma Road, the red striping on portions of
Crenshaw and the entrance to Park Place, and the provision of RPV permit parking on streets
covered by the Del Cerro and Island View HOAs. These restrictions have eliminated all of the
traffic and congestion on and around the Crenshaw extension and have significantly enhanced
the safety and security of our HOA members on Burrell Lane, as well as for the members of the
Del Cerro and Island View HOAs.
Unfortunately, however, the residents on one street among all of the streets of these three HOAs
have not received the same benefits of safety and security from the new parking restrictions —
those on Park Place. This needs to be rectified by the provision of RPV permit parking for that
street, as these residents have requested.
An unintended consequence of the new parking restrictions has been to shift to Park Place the
traffic and congestion that had been occurring on and around the Crenshaw extension (e.g., cars
repeatedly driving the length of the extension looking for a parking spot and then making a three-
point U-turn at the end of the extension to drive back out when no spot was available). I
understand that there has been some discussions on this issue between a member of our HOA on
Park Place, Dr. Thomas Olson, and Ms. Jules. I also understand that Ms. Jules has submitted a
llin emantlel unilhart a, sullivall, lip
„Nf,.t) YOP.M .SAN l R . (, t::,.�G; , ILL:,�i:� VALLEY I' If;';A(0 lti 1SMNU t .\, C ;iU„Y.;;: SLA'r i'LF.
99999-09213n90783p � ;i �O N : TOK :: MIANo.F.E "O : %f c ,W ! 11AMr` ;�:� _ ,a.itis l n-�.. c. I su ,N. ”'; r': , ; i��,�� . r,...i: � _Ls
recommendation to the Committee to deny the Park Place resident's request for RPV permit
parking. I can confirm, however, that concerns with the traffic and congestion on Park Place as a
result of the new parking restrictions implemented by the City are very real.
Indeed, yesterday morning I walked over to Park Place from Burrell at about 10:00 am to
observe for myself the current conditions. In the span of about 10 minutes, I saw approximately
15 vehicles turn from Crenshaw onto Park Place, proceed up the street to look for an open
parking stall (which were all filled), make a U-turn in the tight circle at the end of the street that
abuts the driveways for residences 1 and 3 Park Place, and then proceed back out to Crenshaw.
In addition, while most of these cars were making the U-turn, I observed the young children of
our newest HOA member, Benny Da (No. 3), who I understand are ages 3 and 6, playing at the
end of their driveway within about three feet of the passing cars.
It would be unreasonable to deny that this amount of traffic flow funneled down Park Place as a
result of the new parking restrictions implemented by the City, and in such close proximity to the
residences on the street, presents a true threat to the safety and security of Park Place residents
and diminishes their rights to the quiet enjoyment of their properties. The only way to remedy
these issues is to grant the Park Place residents' request for RVP permit parking on the street. In
addition, it is in the best interest of all RPV residents for the Committee to grant this relief to
avoid the potential of any liability the City could face should this enhanced traffic flow caused
by City policies result in injury to residents or others on Park Place.
It is also in the best interest of all RPV residents to ensure that the parking stalls intended for
visitors to Del Cerro Park are available for all RPV residents who wish to enjoy it. When I first
arrived at Park Place yesterday morning, all of the parking stalls were filled. Yet, I observed
only one family playing in the park and one individual enjoying the view from the cliff. So
clearly, all of the remaining parking stalls were filled by visitors to the Preserve. And, in the
one or two instances when hikers came back from the trailhead of the Preserve and backed out of
a parking stall on Park Place, the people who pulled into the stall right behind them also headed
toward the Preserve. Again, the only way to protect the rights of all RPV residents to visit and
enjoy Del Cerro Park is to grant the Park Place residents' request for RPV permit parking on
Park Place.
Finally, I note that the Harris & Associates report dated April 18, 2016 ("H&A") that was
commissioned by the Committee identifies the covenants and conditions of the property transfer
from the United States that created Del Cerro Park, the first of which is "[u]se of the property is
specific for public park and recreational purposes." H&A at 2 (Item 4). The report also indicates
that the Del Cerro Park property will "[r]evert to USA if determined ... [there is a] [b]reach of
any of the conditions and covenants of the property transfer." Id. While I have not researched
this issue, the Committee should consider, for the benefit of all residents of RPV, whether the
primary use of the parking stalls on Park Place for visitors to the Preserve rather than visitors to
Del Cerro Park, as currently permitted by the City, creates a breach of the covenants and
conditions of the property transfer from the United States. Of course, the Committee could
eliminate this risk entirely simply by granting the Park Place residents' request for RPV permit
parking on Park Place.
99999-09213/7907836.1 2
For all of the foregoing reasons, the Traffic Safety Committee should grant the Park Place
residents' request.
Very truly yours,
t
Steven M. Anderson
SMA
cc: Nicole Jules, Park Place HOA (all via e-mail)
99999-09213!7907836.1
99999-09213/7907836.1
From:
Sandra Valeri <smhvaleri@cox.net>
Sent:
Thursday, September 01, 2016 7:24 PM
To:
Gabriella Yap; Doug Willmore; CC
Cc:
Edmundo Hummel; Herb Stark
Subject:
Comments on staff report regarding communications by public officials.
Dear Gabriella and Doug,
I have been reading the staff report regarding clarification on when Council members can use their titles,
etc.
Regarding the main topic, I think it is assumed that when someone uses their title, they are speaking on
behalf of that organization, whether they say so explicitly or not. For example, if the Chief of Staff for Eric
Garrett published a letter or press release with his title on it, you would assume that he was speaking on behalf
of the Mayor's office and not just as a private citizen. Personally I volunteer with several organizations, and
have held Board positions for many years. I know that I should not use my position or title except when I am
speaking on behalf of that organization. I can speak or contact anyone I choose as a private citizen, but I do not
use any title related to my volunteer work. This is rudimentary. If this extremely basic concept is not clearly
specified in the city protocol, then it should be amended to make it abundantly clear that no one should ever use
their title except when speaking on behalf of the city.
I also want to address several errors and misstatements in the letter from Elena Q. Gerli:
1) Ms. Gerli incorrectly states that PVPUSD "has a school and soccer fields in the Ladera Linda community".
This is false. PVPUSD has no school at the site, in fact no buildings at all, only soccer fields which are leased to
AYSO.
2) Ms. Gerli states that AYSO "periodically levels the fields with new soil", implying that the dirt was brought
in for that reason. Yet none of this dirt has ever been used to level any fields at all, again questioning the
purpose for dumping it here and then immeciately compacting it with a backhoe.
3) Ms. Gerli states that approximately 1100 cubic feet of soil was deposited at the site. This is grossly incorrect.
AYSO has stated that approximately 1100 cubic yards of dirt was imported, this is a difference of a factor of 9!
Also this quantity has never been independently verified. It is just what AYSO admits to bringing in. Since they
did not procure ANY of the legally required permits, we have no absolute proof of how much dirt really was
imported to the site.
4) Ms, Gerli states that the Ladera Linda HOA was conducting it's own investigation into the issue. This is
false. There was a single meeting that our HOA president attended along with other members of the community
(including myself) with representatives of RPV city, PVPUSD, and AYSO. We talked about several issues
regarding use and maintenance of the fields, but the dirt deposit was not discussed in that meeting. The HOA
did not conduct their own investigation. The dirt pile problem has been addressed only by an informal group of
residents. As Mr Willmore notes, residents have been contacting the city about this issue since the dirt was first
dumped in April 2015.
6) Ms. Gerli states that PVPUSD had authorized AYSO to dump this dirt. But PVPUSD has publicly stated that
they did not authorize the dump of 1100 cubic yards of dirt on the site.
7) Ms. Gerli includes a copy of an email that contained what Mr Campbell "considered an unusual amount of
'inside information"'. But this information came from a media release from the DTSC. It was publicly available
on the DTSC website. The background information section should be amended to reflect this true source of the
information. There was no inside information.
Mr. Campbell's allegations were completely unfounded. It was completely irresponsible for Mr.
Campbell to make this ludicrous assertion. His inflammatory mischaracterization of publicly available
information as being "inside information" is what gave rise to his comments being investigated as a complaint.
Did Mr. Campbell ever make ANY kind of effort to determine the source of the information before leaping to
his wild accusations? Did he really think that questioning if a police officer was inappropriately using their
office or was sharing "inside information " wouldn't lead to a complaint being filed? Please tell us what was his
purpose in contacting Captain Beringer about this fi not to raise a red flag with him? I hope that Mr. Campbell
will be more careful and check his facts before he accuses another resident of something like this.
I would like to know if anyone has investigated if Mr. Campbell was acting at the behest of AYSO or
PVPUSD when he contacted Captain Beringer with his false allegations regarding Mr. Hummel's supposed
insider information? Never once has Mr. Campbell ever taken any action on this matter when residents reached
out to the city with questions and concerns. He never made any effort to contact AYSO or PVPUSD to obtain
answers for his residents regarding the source of the dirt, if it had been tested, if hauling permits existed, or why
it was imported. It is worth questioning why the one and only action he has ever taken was to question the
involvement of a resident in the investigation. Why was he so indifferent to the residents he is suppose to be
serving, but he was so eager to accuse a resident of misusing their public office and question their involvement
once an investigation was initiated. Why didn't Mr. Campbell ever make any effort to get any answers for the
people he is suppose to serve?
Sincerely, Sandy Valeri
Attached is a copy of the DTSC media release - source of the notorious "inside information" - made
publicly available to the world on April 29, 2016:
In response to recent complaints received by the Department of Toxic Substances
Control (DTSC), investigators served search warrants at multiple locations in Rancho
Palos Verdes on Wednesday related to an investigation of soil deposited at the Ladera
Linda Park soccer fields by the Palos Verdes American Youth Soccer Organization
(PVAYSO).
DTSC wants to determine if the soil poses a threat to the community and the children
who play on the soccer fields. DTSC collected soil samples at the soccer fields. The
samples will be analyzed for hazardous waste. The soccer organization leases the
property from the Palos Verdes Peninsula Unified School District (PVPUSD).
DTSC has been working in close partnership with members of the US Environmental
Protection Agency, the South Coast Air Quality Management District (SCAQMD), the
Los Angeles County District Attorney's office, and the Los Angeles County Fire
Department's Certified Unified Program Agency (CUPA) in this investigation.
Hansen Pang, Chief Investigator
California Dept. of Toxic Substances Control
Office of Criminal Investigations
From: Ken DeLong <ken.delong@verizon.net>
Sent: Friday, September 02, 2016 12:27 PM
To: CC
Subject: Concerning the Council Agenda for September 7, 2016 - #3 Council Protocols #14.
Attachments: AYSO Soil Dumped at Ladera Linda - EMAIL Obtained Through Public Records Request
May 12.docx
This matter as presented is an over reaching mixing of unrelated matters. Protocol 14 is like many RPV Municipal codes
poorly written and confusing. Why is this matter now so critical when there are many matters of consequence before
this Council?
That Mayor Pro Tem Campbell did not violate any of RPV's confusing Protocols is clear. Why is this question on this
agenda as it infers that there may be a problem when it is obvious there are no violations of RPV's confusing Protocols
by Mayor Pro Tem Campbell.
In so far as Recommendation #5 writing a memorandum to have a supposed complaint to the LASD expunged from LASD
Lieutenant Hummel's file is silly when it has already been determined that no complaint has been filed by Mayor Pro
Tem Campbell or any other RPV representative with the Sheriff's office concerning Lieutenant Hummel any anyone else
for that matter. It would seem that RPV should not be involved in internal LASD procedures without knowing all of the
facts.
Attached is a posting by Sandy Valeri / May 19 and others on the "Nextdoor" website. While not written personally by
Lieutenant Hummel our belief is that Ms. Valeri is a close associate of Mr. Hummel and he made similar derogatory
comments of Mayor Pro Tem Campbell at a recent Council meeting. As a side issue, Mr. Hummel seems to be the #1
activist opposing the possible "soiled dirt" at Ladera Linda and while Hummel may claim that it has been proven that the
"Dirt" at Ladera Linda is "toxic" that is not a proven matter. To be determined is whether or not Hummel's actions have
been a positive or a negative impact on our community.
So far, testing by independent "soil testers" has found no evidence of "toxic soil." The Ladera Linda soil issue remains
unresolved because of the delay by the DTSC in providing soil test results. I am sure the Council is aware of
Assemblyman Hadley's efforts to assist our community in getting a resolution from the DTSC.
Ken DeLong
1 J.
AYSO Soil Dumped at Ladera Linda - EMAIL Obtained Through Public Records Request
Ed Hummel from Seaview - 12 May
W
_" ,
This email along with other incriminating emails was obtained from PVPUSD. Key points in the
email from David Shack (ALTA Environmental) to Deputy Superintendent Lydia Cano dated
Nov. 11, 2015 are:
- The levels of DDT present would not be acceptable at any LAUSD property.
- There were likely multiple sources of soil, not the single Torrance source PVPUSD has
claimed.
- Asbestos was found in building material which included roofing and sewer lines.
- The presence of asbestos meant PVPUSD was supposed to complete a contamination
assessment, develop a clean-up plan and execute the plan.
- Alta said it was "prudent to restrict access to the upper field area."
Instead, PVPUSD and AYSO concealed the Alta results and had the soil re -tested.
Then, on Jan. 6, 2016, Superintendent Don Austin sent the attached tweet.
Kinda makes the official letter from Don Austin and Brent Daniel declaring the soil "Clean and
Safe" look a little.... disingenuous.
Edited on 5 Jun • Shared with Seaview + 9 nearby neighborhoods in General
Thank •8 Rely -37
Barry, Stephen, Lisa, and 5 others thanked Ed
Stephen Katz from Seaview • 12 May
Good call, Ed!
Thank
Ed thanked Stephen
Flo Fenton from Seaview • 13 May
Thanks again, Flo
Thank
Ed thanked Flo
Sandy Valeri from Seaview • 19 May
Thank
Susan, Lisa, Erica, and 1 other thanked Sandy
Lew Adelman from South Shores • 20 May
Sandy, if this is true, aren't you attacking a whistle blower as well? Have you read the report?
You realize that it says the dirt is clean right? Toxic dump and asbestos filled waste heap is
outlandish. Read the report. Think for yourself.
Ed Hummel from SeaviLvv • 20 May
As usual, it's hard to argue with your intelligent, informed and insightful comments Lew.
Edited on 21 May
Thank
Susan and Erica thanked Ed
Sande Valeri from Seaview • 20 May
Lew, I am thinking for myself. Are you just accepting the District story without any independent
verification? Alta Environmental tested the dirt. District REFUSES to rtelease or post those
results, even though they originally promised that they would. Why not? I have a copy of the
memo that Ed posted here, from Alta, declaring that in fact asbestos was found in their testing.
Why does the district keep denying this? I'm not taking any second hand news; I read Alta'
memo. The District only released Leymaster tests. Those tests were based on insufficient
samples, not per DTSC protocol (please search and read DTSC website to verify this as I did)
And Reviewing the posted Leymaster results, I don't even see that they tested for asbestos,
although it is possible I missed it and it is there.
For over a year Many neighbors have been asking questions regarding the source of the dirt, and
when that could not be provided with any verification or documentation, we asked for testing.
The district agreed and contracted with Alta Envirinmental for this. When District received the
test results, they reneged on promise to post them, and turned over to lawyers instead. So please
don't pretend or believe that district has provided you with all the test results. They have not.
If DTSC, EPA, CUPA and the DA feel there is something to investigate, then I'm interested to
know why, and what they find. It costs them a lot of manpower and money to do this coordinated
investigation. They are also on limited budgets, and won't do this unless they thought there was
something.
If the dirt was so clean then District should have posted the Alta results (which found asbestos)
as they promised, and they should have verified the source of all the dirt as was requested a year
ago.
Thank
Susan, Linda, and Erica thanked Sandy
Sandy Valeri from Seaview • 20 May
Thank
and 1 other thanked Sandy
Lisa Johnson from Seaview • 24 May
What in the world would be Ed's motivation to spend all this time and energy on investigating
this subject if the dirt was clean and there were no shenanigans here?
Thank
Ed and Sandv thanked Lisa
Linda Gordon from Mira Catalina • 25 May
Yep!! Thanks! !
Thank
Lew Adelman from south shores • 25 May
Edited on 25 May
Thank
Dan and David thanked Lew
Sandy Valeri from Seaview • 25 May
Lew, You obviously only read or hear what you want to, and aren't interested in any facts which
undermine your myths.. And most of what you say is simply, factually wrong.
Ed Hummel from Seaview • 25 May
Hi Lew. WOW! Ok.... let me try to address all your points. To be clear, I want AYSO to stay
right where it is. I've actually watched the little kids playing and it's HILARIOUS. BUT, I want
AYSO to be good tenants to PVPUSD and neighbors to the residents that surround the fields. I
also want PVPUSD to be good landlords and monitor what AYSO is doing on their property.
Most importantly, I want those kids to be safe. It's that simple.
When I asked about the soil, watering and new poles, I got an answer to each and thanked Brent
Daniel. But the soil response didn't make any sense, so I asked if it was tested for toxins
BEFORE it was brought in and I asked to see the test results. When I was stonewalled, by Mr.
Daniel and PVPUSD, I began emailing and posting on this site. Eventually, as a last resort, I
complained to local and state agencies.
The soil was, in fact, going to be a parking lot. It was tested for compaction and later compacted
for that purpose according to Louie Hubbert, (former) PVPUSD Dir. of Maintenance and
Operations.
You obviously haven't been keeping up with the testing issue and I doubt explaining it to you
would do any good at this point.
I did delete a posting with the "smoking gun" email from a testing company to Lydia Cano of
PVPUSD because the comments were off topic. I then re -posted it.
If you know of another area were dozens of truckloads of untested, possibly toxic soil were
dumped on children's playing fields, let me know.
I don't have a hidden agenda. I love where I live, paid a lot of money for our house and want to
do EVERYTHING I can to preserve this area and keep it safe for everyone. It really IS that
simple Lew.
Thank
Erica thanked Ed
Lew Adelman from South Shores • 25 May
Thank
Dan and David thanked Lew
Ed Hummel from Seaview • 25 May
You got me Lew ..... I'm speechless.
Thank
Gary Randall from Seaview • 25 May
Lew: You state that Ed took one email from ALTA Engineering to Lydia Cano out of context.
Ed, and many others, would LOVE to put that email in its full context. All we need to do that is
for PVPUSD to release the original test results from ALTA Engineering. We have been waiting
for that since it was originally promised to be released in November.
I have to presume that PVPUSD is an entity funded by property tax dollars ... in other words, as
taxpayers, we have all paid for that report. Don't you wonder at all why we are not being allowed
to see it? And don't you wonder why PVPUSD and/or AYSO hired a second firm and spent even
more money for testing when they already had a report in hand from ALTA?
Edited on 25 May
Thank
and 2 others thanked Gary
Madeleine Mejones from Portuguese Bend • 25 May
All this and I had an illegal dump next door again yesterday only a mile away from this site and
several more happened in the community, the unlicensed dump truck is now parked 50 feet from
my bedroom but the police and the city cannot do a thing about it. - Deep pockets win.
Thank
Terri, Jeff, and Nickole thanked Madeleine
Sandy Valeri from Seaview • 25 May
For clarification, Louie Hubbert was actively employed by PVPUSD as director of Maintenance
when he was contacted and provided the reported information, almost a year ago. Since then he
has left for greener pastures; hence he is now referenced as the (former).
Many LL residents raised objections to the planned parking lot with RPV city officials at the
annual LL HOA meeting in April 2015. I was there. This is when I first became involved in the
issue. I couldn't understand why RPV planning wasn't involved in all that grading activity
adjacent to an active landslide zone, no engineering analysis of potential impact due to all the
tons of dirt deposited or the effects of heavy equipment moving and compacting all that dirt.
There was no oversight whatsoever. In subsequent communications, PVPUSD admin stated that
they would not allow the area to be used as a parking lot, and had stopped the plan. And I
remember AYSO officials stated that they turned the earthwork into a "viewing area" when plans
for a parking lot didn't work out.
Thankfully this is a moot point now. But accuracy is important. Comments from PVPUSD
personnel and admin, RPV, and even AYSO indicate the original desire was to build a parking
lot. Plans changed.
I personally have been in communication with RPV planning department and with PVPUSD
admin regarding this issue for about a year now. But I have only had a couple conversations with
AYSO leaders.
By the way, I believe AYSO is a great organization, and they provide a fantastic program for our
youth. None of this is meant as at attack on AYSO or their leaders. Residents just want
verification that the soils is safe. Between Alta finding asbestos and Leymaster's limited samples,
we don't have that yet. I await the results of testing per SCAQMD protocols.
Thank
Linda thanked Sandy
Gary Randall from Seaview • 26 May
Madeleine: Can you start a new post topic (not under this Ladera Linda soil thread) specifically
addressing your situation in Portuguese Bend? In that new thread, I am sure a number of
residents would be very interested to hear more about who specifically you contacted and what
their responses were. Some might be able to offer suggestions to help. When you do this, you
have the option of which nearby neighborhoods you would like to include - be sure you consider
that and choose a coverage area you think appropriate.
Edited on 26 May
Madeleine McJones from Portuguese Bend • 26 May
Sure thing— but sadly more of my neighbors are involved with the dumping than would like to
stop it! http://www.pbca.commpnt /
Edited on 26 May
Thank
Terri Buono Shepherd from Rolling Hills • 27 May
Dump trucks coming into a private gate community without license plates, dumping unknown
materials and no one else is concerned? Under who's code are they entering? Hold the home
owner accountable and see how quickly the dumping stops.
Edited on 27 May
Thank
Sandy Valeri from Seaview • 3 Jun
Does anyone have an update on this issue? I'm wondering when the comprehensive testing is
going to be performed, and will the results be posted anywhere?
Thank
Lew Adelman from South Shores • 3 Jun
Testing has already been done. It's clean.
Thank
David thanked Lew
Linda Gordon from Mira Catalina • 3 Jun
OMGoodness, Lew!
Thank
Sandy Valeri from Seaview • 3 Jun
Lew, I'm not talking about the Leymaster testing done months ago that only used 3 or 4 samples.
I'm talking about the full testing that DTSC requires. Have they performed full characterization
testing since DTSC,EPA, CUPA and DA served search warrants, and demanded that the district
comply with SCAQMD rule 1403?
That additional testing was required because ALTA found asbestos during their testing. Alta test
showed the dirt was NOT CLEAN.
If Leymaster testing was adequate or sufficient than DISC, EPA and CUPA would not be
requiring more.
According to a District release on May 4, they were going to conduct additional tests as required,
but I haven't seen anything else, and that was a month ago. Just wondering if anyone else has
heard an update regarding the NEW testing.
We don't need to rehash old stuff again. I was hoping for results from the new investigation.
Thank
Susan thanked Sandy
Lew Adelman from South Shores • 3 Jun
Sandy, Everything you say is absolutely wrong. AYSO has offered to give you information many
times and you have ignored it because complaining on this site is easier or fits your anti school
district agenda. ALL OF YOUR INFORMATION IS WRONG AND YOU ARE SPREADING
MISINFORMATION. 4 tests? Have you read it? You have no idea what is going on. Are you an
environmental engineer? This thread is insane. Not one complainer on this planet has approached
AYSO for answers. Not one. Keep complaining here. It makes total sense when AYSO has made
numerous overtures to educate.
Ed Hummel from Seaview • 4 Jun
Lew .... you're killing me! Either you've been hoodwinked, you're just not paying attention
or ..... well Lew, I'd prefer to think you've been hoodwinked. I have ALL the emails to AYSO's
Brent Daniel and MANY others. The info I asked for was:
- How much soil (truckloads) was moved into the area
- Name of the trucking company(s) that moved the soil
- The company that tested it
His responses were about the great work he does for AYSO and what a great organization it is. I
agreed, thanked him and persisted in asking for responses to my questions. I never received
them.
I also asked AYSO Attorney (and Field Coordinator) Alan Kosoff and PVPUSD Attorney Terry
Tao for information regarding the soil without success.
Most recently, I've emailed AYSO attorney Jennifer Taggart, both on this website and via her
law firm, with the following questions:
- Was the soil was tested before it was brought into Ladera Linda?
- Is that testing required by law?
- Did it all come from the Sharynne Ln. location?
- Does LAUSD allow soil with detectable levels of DDT to be imported to any of their
properties?
I'm still waiting for a response.
BTW, I would assume the results of testing conducted by the Cal. Dept. of Toxic Substances
won't be released until the criminal investigation is complete.
Edited on 4 Jun
Thank
Susan thanked Ed
Lew Adelman from South Shores • 4 Jun
Ed, do you think there is a reason no one is talking to you or the 4-5 people that are attacking
AYSO and pvpusd but everyone else has gotten answers? You have wanted AYSO off those
fields since they signed that extension. You have complained over half a dozen things. You have
defamed good people. AYSO reached out to you in the beginning as you went straight to social
media to cry fire in a movie theater. I'm not hoodwinked. The community at large knows your
play. And it is to rid the park of those kids. People would talk to you if you were polite and
reasonable. AYSO has had zero complaints with Ladera in 15 years. This leadership has reduced
use by 50% there over three years. Within a week of signing the extension you attacked on
Social media. Parking lots, porta potties (that the community wants and AYSO pays for while
not using), trash, sheds, stadium lighting, more power to sprinkler systems, just to name a few.
All ludicrous and false. AYSO reached out to you the second they were informed of your
complaints on this site. The abruptly cut off communication when you asked for their attorney.
AYSO has done nothing wrong and gone out of their way to be forthcoming. Logical people
have a gripe and they go to the source politely. People with an agenda post misinformation and
personal attacks on volunteer leadership on social media. People that want this community great
roll up their sleeves and work together.
Ed Hummel from Seaview • 4 Jun
Once again Lew ... your reasoned, logical, fact -based arguments make it impossible for me
respond. You got me!
Thank
Susan and Linda thanked Ed
Sandy Valeri from Seaview • 4 Jun
Lew,
Why do you think you know anything about who I have contacted? Do you hack my email or
bug my phone or track me?
In fact I have talked with AYSO officials. I have emails to prove it. I asked them for the full
ALTA test results, and for any documentation related to the source of dirt. I haven't gotten any
answers back to those specific questions, But I still have a very respectful open dialogue with
them. I have met with district admin also. I don't post anything that I haven't said directly. I don't
hide behind social media like you.
You state that everyone else already has the answers, Wonderful! If that's true, Please post it here
so we all can see it. Real data is better than feckless posturing.
And just because you asked, I was an engineering project manager, in charge of maintenance and
upgrades for numerous test equipment, test software, and test procedures. I know how to read
and write technical specifications. I read the entire Leymaster test report, not what somebody
tweeted about it. And I read DTSC test protocols. Have you?
All I asked was if anyone knew about results from the NEW testing. I did not attack ayso or
pvpusd. I did not want to rehash all the previous discussions. Yet you continue to bring up the
old stuff that has already been thoroughly discussed here, and you attack me with baseless
assertions. Just because I ask a question? Why are you so threatened by that?
My agenda is to make sure my neighborhood and the environment are safe. I want the dirt fully
tested, and remediated if needed. And I want to know where it all came from.
Honestly I also would like to know why pvpusd decided not to take the required action when
they were informed that they had triggered SCAQMD rule 1403. That decision has adverse
consequences for everyone and everything both downwind and downhill from the site. What was
their reasoning?
There you have it all Lew. That's my entire conspiracy plan. Now that you have uncovered my
nefarious plan and ulterior motive, I hope you are satisfied.
Thank
Susan, Ed, Joe, and 1 other thanked Sandy
Erica Sanchez from Seaview • 4 Jun
Thank you Sandy!
Thank
Susan, Ed, and Linda thanked Erica
Lew Adelman from South Shores • 4 Jun
Again Sandy, wrong. You say you know everything and then you ask questions? The fact that
you don't know what triggers a 1403 and how many samples were taken and on and on and on is
troublesome. You then say post it all on here. Don't you get the point that this isn't a forum for
this? AYSO has in fact met with you. Yet you still say they had planned to build a parking lot
above. Lie. AYSO has sent you emails asking you to stop with the fabrications and come to them
for answers. Yet here we are. Putting this post at the top. You don't want the truth because it
won't serve your purpose of attempting to rile the community over this crusade.
To your specific question regarding any new testing that may or may not happen ..... did you even
read the newspaper article where the agencies said findings will not be released?
To your question on how I know who you have talked to at AYSO ...... weird idea. Ask them. It's
simple guys. AYSO is our community. The largest school age all volunteer program on the hill
by far. The fact that you don't search them out and instead put them on blast on social media is
embarrassing. They shouldn't have to troll the Internet for complaints. Cut it out. Give them
credit for even reaching out to you.
Thank
Dan thanked Lew
Sandy Valeri from Seaview • 4 Jun
Lew. Pvpusd posted a message on their website a month ago saying they were conducting
additional tests. All I did was ask If anyone had heard an update since then. And you go ballistic
with irrational personal attacks.
What do you think I said that was wrong?
I said I had emails that prove I had communicated with ayso, and I said I had a professional
background in engineering. You think these are wrong? I never said ayso was building a parking
lot. In an old post I did say it was an old plan that was since abandoned.
I haven't fabricated anything. I haven't accused anyone of anything.
I have talked with AYSO. But I haven't gotten answers for specific questions regarding source of
soil or ALTA test results from ayso or pvpusd.
Leymaster test report clearly states how many samples they took; you would know that too if you
read it. And we know that pvpusd was informed by Alta that they triggered rule 1403. That was
Alta's determination not mine. Maybe you think Alta is part of your conspiracy theory,
fabricating incriminating data to hurt ayso?
I have stated multiple times that I think ayso is a great organization that provides a wonderful
program for our youth. This is not an attack against ayso or pvpusd. You are making that
accusation, not me. You are inventing a story of me attacking ayso, why? Do you think attacking
me will make the investigation by DTSC, EPA, CUPA and the DA go away?
The purpose of bringing anything to this forum is to share information.
I won't lower myself to your level engaging in personal attacks. there is nothing to be gained by
being rude.
Thank
Susan, Ed, Joe, and 1 other thanked Sandy
Barry Hildebrand from Seaview • 4 Jun
Barry Hildebrand
Mr Adleman, you must be a nit-picker who doesn't understand the difference between a
statement and a question. You just said in response to Sandy Valeri, "Don't you get the point that
this isn't a forum for this? AYSO has in fact met with you" to which I say, SO WHAT? Again
you attack Ms. Valeri with this tripe, "Yet you still say they had planned to build a parking lot
above." Let's get one thing straight; it was the former PVPUSD Director of Maintenance (a Mr
Hubbert) who first uttered something about a parking lot, then a "viewing area" where the soil
was dropped. That poor soul was unsure who told him those various potential outcomes for the
unlawfully delivered soil. Then you said, "AYSO has sent you emails asking you to stop with the
fabrications and come to them for answers." Really! ! ! Are you in a dream -state expecting the
ones who are responsible for bringing the soil in to 'fess up about anything related to the Mystery
Mud?? GET REAL.......... Why did I say Mystery Mud??? Simply because no one is willing to
say where it came from nor share the results of the ALTA Labs' test results (which are shielded
from the public by attorney squads representing both PVPUSD and AYSO. You must know the
old rule; ,it's "attorney-client privilege," but it's really a license to print money.
Thank
Susan, Linda, Erica, and 1 other thanked Barry
Lew Adelman from South Shores • 4 Jun
They've shared all that info with anyone that asked. Well except Ed who wanted to speak with
attorneys. That's what you aren't understanding. The community got the answers when they came
to the source. Sandy was offered this opportunity as well. AYSO can only offer so much before
they pull the offer because social media attacks are easier for some reason and continue.
So to your specific question. Yes. AYSO has always been willing to speak to logical concerned
community members that don't have an agenda regarding the soil at Ladera. Their actions have
proven it. You and your group don't have the info because your plight is here. Ask around. The
community is well informed.
Thank
Dan thanked Lew
Sandy Valeri from Seaview • 4 Jun
One more time I did ask both ayso and pvpusd for any documentation regarding the source for
the dirt. Nothing has been provided from either source. Lew, Since you apparently know it all,
you could simply end this discussion by sharing the data you have. Instead of attacking anyone
who asks a question. You keep saying that you have the info, please share it.
Ed Hummel from Seaview • 5 Jun
Lew.... methinks thou doth protest too much....
"Lew" is either good friends with Brent Daniel or maybe "Lew" isn't "Lew" at all. His
comments, while inaccurate, are amazingly close to Brent Daniel's comments in email
correspondence I've had with him. Hmmmmmm.....
Either way, sorry Lew .... you won't hear from me again. Silence is the best response with
someone like you.
Edited on 5 Jun
Steve Fuchs from Seaview • 5 Jun
As an "average citizen" living 4 houses from the park, I give my full support to Ed and Sandy for
their efforts to gain clarity on this subject. Having read most of this correspondence, it's plain to
see (read) something went on behind the scenes. Nothing less than full disclosure should be
accepted. On the other hand, I'm getting a chuckle at this back and forth. Local politics, in the
stylings of a Parks & "Wreck" episode that centers in a large pile of unidentifiable, seemingly
contaminated dirt, cannot be a better storyline. The city, a school board, soccer volunteers, and
concerned citizens all arm wresting to justify their power. Guess what, "officials?" Concerned
citizens should and will win that wrestling match EVERY time. Again, full support to those of
you investigating and sharing your efforts.
Thank
Susan, Ed, Linda, and 2 others thanked Steve
From: Gary Randall <grapecon@cox.net>
Sent: Saturday, September 03, 2016 8:01 AM
To: CC
Cc: CityManager
Subject: Comments regarding Council Protocol discussion at next CC meeting, 9/6/16
Dear Honorable Mayor and City Councilmembers:
I wanted to write a quick note to you expressing my thoughts about the upcoming agenda item at the 9/6/16 City
Council meeting in regards to City council protocol and procedures. In the staff report, there are five specific
recommendations. Here is my reaction to each one (my number corresponds with the recommendation number in the
staff report):
1. 1 wholeheartedly agree, and urge the council to learn from recent issues and update Protocol 14. This may take
a few meetings and work with staff to get some better language in this Protocol, I urge you to take the time to
do this right and get a much improved protocol in place. I strongly urge you to have firm language and some
"teeth" if the new protocol is violated in the future.
2. 1 am not a legal expert, but have to presume that the City Attorney took an unbiased look at the current Protocol
and determined that Mayor Pro Tem Brian Campbell technically did not violate the Protocol. While I question
Mayor Pro Tem Campbell's ethics and motivation when he contacted the Chief of Police, I do not think it serves
the interest of the City to try to pursue this particular instance any further. Instead, the City Council should
focus on tightening up its policy (items 1,3, and 4).
3. 1 agree 100% with the recommendation here.
4. 1 also agree 100% with this recommendation.
5. Initially, I would have been in favor of having a letter sent by the City to expunge the complaint from Ed
Hummel's record. However, in speaking with Ed Hummel just this morning, he indicated that such a letter
would cause himself, and his department, even more time and energy. He indicated to me that he would like to
just forget about this aspect, and would rather the city not write a letter or otherwise communicate with his
department concerning expungement of the complaint. I believe Ed Hummel himself will directly comment to
the Council on this item #5 .... my strong recommendation is that, if Ed Hummel himself asks you not to try to
pursue expunging the complaint from his record, that you ignore all other inputs from other residents, set aside
your personal feelings, and honor that request. If you are concerned about how that may appear in the record
when a motion is approved or rejected, I encourage you to state your personal feelings about what you would
like to do, but then indicate you are honoring Ed Hummel's request, since he is the one person who is truly
affected by your decision.
I would like to conclude by saying that I have strong opinions on this topic, as well as on the closely related topic of the
dumped soil at the Ladera Linda soccer fields, but have refrained from occupying a lot of your time by going thru them.
am eagerly waiting to see the official outcome of the Ladera Linda soil dump fiasco and, if DTSC orders a cleanup of the
released asbestos, that PVPUSD and AYSO fully comply with the DTSC orders in every detail.
Respectfully
Gary Randall
Ladera Linda Resident, 19 years
RPV City Resident, 43 years
From: Brian Campbell (Gmail) <bssi.campbell@gmail.com>
Sent: Tuesday, September 06, 2016 12:23 PM
To: Dave Aleshire ; Teresa Takaoka
Subject: Late correspondence
Attachments: SKMBT_C22416090611371.pdf
Teri,
I'm forwarding you some materials that various residents have asked me to, for late correspondence regarding tonight's
meeting.
Thanks,
Brian
AYSO Attorney and Deputy City Manager Yap emails regarding Ladera Linda
DEMETRIOU, DEL GUERCIO, SPRINGER & FRANCIS, LLP
ATTT'ORNEYS AT LAW
915 WILSHIRE BLVD, SWE 2000
LOS ANGELES, CALIFORNIA 90017
JEFFREY Z B. SPRINGER
(21 8) 624-8407
STEPHEN A. DEL GUERCIO
FAX (21 0) 624-0174
F
MICHAEL A. FRANCIS
BRIAN D. LANGA
WWW.DDSFFIRM.COM
JENNIFER T. TAGGART
LESLIE M. DELGUERCIO
TAMMY M. J. HONG
August 17, 2016
Via electronic meal (cq(i�j jvrca.goy
The Honorable Mayor Ken Dyda
Mayor Pro Tem Brian Campbell
Councilwoman Susan M. Brooks
Councilman Jerry V. Duhovie
Councilman Anthony M. Misetich
City of Rancho Palos Verdes City Council
30940 Hawthorne Blvd,
Rancho Palos Verdes, CA 90275
Douglas Willmore (divillinore@rpvca.gov)
City of Rancho Palos Verdes City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CHRIS G. DEMETRIOU (1915. 1989)
RONALD J. DEL GUERCIO (RETIRED)
RICHARD A. DEL GUERCIO (RETIRED)
SENDERWS EMAIL ADDRESS
JT AGGA RT@D OSFFIRM.G OM
SENDER'S DIRECT LINE
(213) 624.8407 ExT. 150
Re: Cite Council Meeting August 16, 2016 -- Future Agenda Items
32201 Forrestal )Drive (Lidera Linda -Fields), >!2anebo Palos Verdes,
California
Dear Mayor Dyda and Members of the City Council and Mr. Willmore:
This letter is sent on behalf of the Palos Verdes American Youth Soccer Organization
("PV AYSO") in connection with the discussion which occurred during the City of Rancho Palos
Verdes ("City") Council meeting on August 16, 2016 in the Future Agenda Items discussion.
The City Manager Douglas Willmore falsely stated that the Department of Toxic
Substances Control ("DT SC") had issued the Palos Verdes Peninsula Unified School District
("PVPUSD") an order because it found asbestos in the soil at the Ladera Linda Fields. That is
absolutely false, DTSC issued a "fence and post order" ("Order") to PVPUSD based solely on
the three small pieces of debris present on the surface of the soils at the dirt plot area that were
identified as containing asbestos by ALTA Environmental. These are referenced in the email
from Mr, Schack of ALTA Environmental discussed in PV AYSO's correspondence to the City
Council dated June 20, 2016. They are documented more fully in the ALTA Environmental
report which has been made available to you. These three small pieces of debris were found on
the surface. The ALTA Environmental report specifically documents that analysis of the soil
indicates NO asbestos is present in the soils. ALTA Environmental reports that seven (7) soil
Rancho Palos Verdes City Council
Mr. Willmore
August 17, 2016
Page 2
samples were collected and analyzed for asbestos and other chemicals, and no asbestos was
detected in the soil samples.
As previously explained to you, the three pieces of debris identified as containing
asbestos is inconsistent with the asbestos containing material found and properly removed at
Sharynne Lane, the source of the .imported soils. PV AYSO notes that the Sharynne Lane
property had a wood roof and tile floors, not vinyl floors. More importantly, ALTA
Environmental removed all of the building debris from the dirt plot area in October and
November of 2015. Building debris was not present during Leymaster Environ mental's
inspection and sampling activities in December 2015.
Contrary to Mr. Willmore's false allegation, the only evidence cited in DTSC's Order are
the three pieces of small debris identified by ALTA and tested as containing asbestos. Those
three pieces of trash were found six months after the soil was imported and leveled. As
previously explained to you and supported by documentation, the imported soils of 85 truckloads
resulted in a depth of approximately 14 inches when leveled across the dirt plot area at
PVPUSD's request. No imported soil was placed anywhere on the border area or on the
improved soccer fields. The three small pieces of debris were found six months after the soil
was imported and were found on the surface. The source is unknown, but given the passage of
time and that they were found on the surface, the evidence PV AYSO has provided DTSC,
SCAQMD and the City concerning the source of the soils, and witness statements, the trash did
not come from the imported soils but probably were blown, kicked or intentionally placed on the
dirt plot area. More importantly, those three small pieces of debris were removed from the dirt
plot area by ALTA in October and November of 2015, or 10 months ago. No other debris has
been identified as containing asbestos. Air samples collected since that time have shown no risk.
Mr. Willmore also falsely states that the imported soil "actually came from" more than
one 'source. That is absolutely false as well. The soils imported in April of 2015 all came from
Shatynne Lane. The trucking receipts PV AYSO has provided document that fact. The grading
permit from the Sharynne Lane documents 1300 cubic yards of cut material from Sharynne
Lane, contrary to assertions made that it would be impossible for any residential excavation to
result in such a quantity of soil. The documentary evidence indicates that the soil present in the
dirt plot area is from the Ladera Linda field area itself and from. the imported soils from
Sharynne Lane. Mr. Willmore's statement is completely false and wholly unsupported.
It has also come to PV AYSO's attention that Mr, Willmore shared a photo with Barry
Yudess or some other community member because the photo has been posted on
RestorePVEducation's Facebook page, which is run by Mr. Yudess. It is evident from an
inspection of the coding for the photo. It is completely inappropriate for Mr. Willmore to have
shared such information sent to him for purposes of PVPUSD trying to negotiate compliance
with the Order and stay in compliance with the City's setback requirements.
Rancho Palos Verdes City Council
Mr. Willmore
August 17, 2016
Page 3
It is beyond reckless for a government representative to state falsehoods in a public
forum. It is apparent that Mr. Willmore has a conflict of interest and is not being objective,
resulting in PV AYSO being treated in, an arbitrary and capricious manner. Mr. Willmore is
parroting statements made by residents that are completely unsupported by any facts, and sharing
information with those very same residents outside official government channels. PV AYSO
demands a public retraction of the statements and that Mr. Willmore remove himself from
participating in this subject, PV AYSO also believes that Mr. Willmore should be reprimanded.
Very truly yours,
Jelin er 1� ggart
cc: Terry Tao (Wa email only)
From: Gabriella Yap [mail�ap@rpvca.gov]
Sent: Thursday, August 18, 2016 9:14 AM
To: Lisa Padilla; CC; Doug Willmore
Cc: Terry T. Tao; Jennifer T. Taggart
Subject: RE: 32201 Forrestal Drive (Ladera Linda Fields), RPV, CA
Dear Ms. Taggart,
We have received your letter dated August 17, 2016, sent via electronic mail the same day. This looks
like the classic "don't like the message so attack the messenger" kind of approach. It's easy for people to
read the DTSC order and Mr. Willmore's representations about DTSC's were accurate and not falsehoods
in any way. His statements about the asbestos were based on the Administrative Order from DTSC. Our
main concern is that DTSC, the ultimate authority in matters regarding soils contamination, clearly states
in the Health and Environmental Assessment of its Order to Fence and Post that there was asbestos on
the stockpiled soil, and believes there is a health and safety risk. That's something that the City needs to
know about as we have residents we have responsibility for, as well as workers in the Preserve and
nearby areas.
In regards to where the soil came from, I'm sure AYSO believes the soil came from Sharynne Lane, but
the City would like to confirm since we do see a lot of illegal dumping and improper disposal of
materials. I'm not sure why AYSO would take such an issue with the City looking into that matter. After
reviewing the trucking documents, Mr. Willmore's opinion is that the soil very probably came from
multiple sites.
As for the photo that Mr. Yudess posted, your assertion that Mr. Willmore provided that to Mr. Yudess is
false. I had sent Mr. Tao's email to residents (not Mr. Yudess) to let them know that PVPUSD was going
to be expanding the fencing area. These were residents that had emailed us about various paint
markings on the curb (some labeled DTSC) that suddenly appeared that morning and no one, the City
included, had any idea what that was about. I received Mr. Tao's email and wanted to let the residents
know the marking were probably related to the fence being adjusted. I forwarded his email so we would
all know what was going on and could avoid any rumors or speculation. Providing that public document
to concerned residents was in no way inappropriate. The city of RPV is committed to the value of
transparency. The lack of communication and straight answers from PVPUSD is one of the things that
has caused this unfortunate situation.
Frankly, we have not received a lot of information from PVPUSD and still continue to receive limited
amounts. When PVPUSD had let us know a couple weeks prior that they had received an order from
DTSC to install a fence, I assumed it was a verbal order because nothing was posted on PVPUSD's web
page about the Portuguese Bend/LL fields. It was not until I received an email from DTSC that
demonstrated they had issued the Administrative Order and Summary of Violations that I realized there
were finally some findings. PVPUSD said they were committed to transparency and I really would have
expected these to be posted and that the City would have been informed.
Regarding your conflict of interest assertion - you're a respected attorney and i would expect better
from you on that. Unless you are going to provide your legal basis for the legal conflict that requires
recusal, it simply shows up for what it is - another baseless personal attack.
The City's goal, and I believe everyone else's, is to get LL fields clean and open again for everyone,
especially AYSO. Your baseless personal attacks do nothing to further that. When your clients improperly
dumped the soil on the site, it started a chain of events that has led us to today.
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310)544-5203
(310) 544-5291
From: Jennifer T. Taggart [mailto:JTaggart@ddsffirm.com]
Sent: Thursday, August 18, 2016 10:54 AM
To: Gabriella Yap <gyap@rpvca.gov>; Lisa Padilla <LPadilla@DDSFFIRM.COM>; CC <CC@rpvca.gov>;
Doug Willmore <DWillmore@rpvca.gov>
Cc: Terry T. Tao <TTao@aalrr.com>; Lisa Padilla <LPadilla@DDSFFIRM.COM>
Subject: RE: 32201 Forrestal Drive (Ladera Linda Fields), RPV, CA
Ms. Yap --
Contrary to your email, Mr. Willmore did not state at the RPV City Council meeting that there was
asbestos contaminated material "on the stockpiled soil." What he said at the City Council meeting was
that there was asbestos contamination in the soil. Those are not the same thing. What Mr. Willmore
said in a public forum was false and is not based on the Fence and Post Order from DTSC. The Findings
of Fact and Conclusions of Law make reference to the ALTA Report, The ALTA Report clearly states that
the soil samples analyzed for asbestos were clean. A complete copy of the ALTA report is not attached
to the Fence and Post Order, but has been provided to the City. The only evidence of asbestos
contaminated material referenced in the ALTA report are the three pieces of debris collected on the
surface of the soil, and not in the soil. PV AYSO brought this to the City's attention in its letter of June
20, 2016 and in its testimony before the City Council on June 21, 2016. PV AYSO does not dispute that
there were three small pieces of debris containing asbestos that were found on the surface of the soil at
the dirt plot area, and that those pieces of debris were removed by ALTA in October and November,
2015. However, Mr. Willmore falsely stated that there is asbestos contamination in the soil. His
statement was grossly negligent and misleading and contrary to the evidence and the Fence and Post
Order.
Mr. Willmore also falsely stated that the soil "clearly did not all come from Sharynne Lane." PV
AYSO has provided the City with the truck haul receipts for the soils imported on April 8 and 9, 2015
documenting that the source of the soil was Sharynne Lane. if the City has concerns regarding the
veracity of those documents, then the City should have contacted PV AYSO to ask for additional
evidence rather than accusing PV AYSO of lying in a public forum without any evidence as you
admit. The grading permit for the site from the City of Torrance confirms that there were 1300 cubic
yards of "cut" from the site. The soil engineer, grading inspector, the site contractor and others all
confirm the information that PV AYSO has provided to the City. However, on Nextdoor.com, several
residents have made allegations that it just couldn't be true that all the soil came from a residential
site. The grading permit clearly indicates 1300 cubic yards of cut. Ms, Valeri misunderstands the
grading permit. A City Council member stated on lune 21 that the contractor must have been digging to
China. Does the City dispute the City of Torrance's grading permit? In any event, Mr. Willmore's
statement was made as a statement of fact, not opinion as you rationalize in your email. Such a
statement in a public forum, without any evidence, demonstrates a reckless disregard for the truth and
for PV AYSO. At the bare minimum, PV AYSO would have anticipated that a City as devoted to
transparency as you claim would have sought clarification or further information from PV AYSO
beforehand. PV AYSO believes that it suggests bias against PV AYSO and PVPUSD.
I cannot comment on the City's communications to PVPUSD. I can, however, comment that the City has
not contacted PV AYSO. PV AYSO has objected to the Fence and Post Order as an interested party with
a particular harm as a result. PV AYSO believes that DTSC acted in excess of its jurisdiction and duly
delegated authority by issuing the fence and post order. Health and Safety Code Section 25359.5
authorizes the DTSC to issue an order to fence and post a site where a release of hazardous substance
poses a "public health risk." To support the order, the statute requires that DTSC make certain findings,
including that "the site poses a public health risk if human contact is made with the hazardous waste or
the surrounding contaminated area." (Cal. Health & Saf. Code section 25359.5(a)(2).j
The Order recites that determination, but does not support it with any evidence. The statute requires
that DTSC have evidence to support the findings. it compels it. Otherwise, it is just unfounded
allegations that unnecessary alarm the public and waste resources. In this case, there is no evidence to
support a finding that the dirt plot area, the site, poses a public health risk. The alleged evidence relied
upon is the 3 pieces of debris identified by ALTA as construction debris. These were collected on
October 29 and November 20, 2015, removed from the site, and analyzed. Accordingly, as of the date of
the Order, there is no evidence of the presence of any hazardous substances on the site or any evidence
of contaminated soils. Keep in mind that only 1 of the 3 pieces removed from the site was assumed to
be friable, and asbestos is only hazardous to human health if hazardous. The pieces are small — less than
a post it note in size. I've attached pictures of LL4 and LL8 (two of the 3 samples).
Soil sampling, soil characterization and analysis of onsite trash all indicate that there are no
contaminants present at the site at levels approaching any action level. There is no evidence that any
construction debris was integrated into the site, as has been alleged. As PV AYSO has previously
explained, the pieces of debris were found on the surface, There are no facts to suggest that
construction debris was integrated into the soils. The only soils imported onto the site are the soils
imported for PV AYSO in April of 2015. PV AYSO has provided substantial information regarding the
source site. The residential source site has always been residential, as documented by historical aerial
photographs, Sanborn fire insurance maps, and City of Torrance zoning records. The house on the site
was certified following an asbestos removal, and the house demolished. The soils came from excavation
after the removal of the improvements. Further, the pieces of debris found at Ladera as described by
ALTA do not match the types of materials present in the residence.
The soils were imported and placed in piles. They were then leveled after a request from PVPUSD. The
soils were leveled by a PV AYSO contractor, and there was no evidence of trash or construction debris
during the leveling activities. Based upon the foregoing, there is no evidence to support a finding that
any construction debris was integrated or mixed in in the imported soils.
The soil below the imported soils is soil native to the Ladera Linda fields, although we understand that it
has been moved to the dirt plot area from various activities around the fields. However, the fields were
never improved with buildings that would have contained asbestos - the only improvement is a small
storage building. There is nothing to support a finding that the native soils would contain construction
debris.
We have evidence that 85 truckloads were brought for PV AYSO to the Ladera Linda fields dirt plot
area. We have provided you with copies of those bills of lading. We've assumed 10 to 12 cubic yards
per truckload, although the trucks could have all been short trucks which only haul 5 to 6 cubic
yards. The dirt plot area is approximately 400 feet by 60 feet, then 1,037 cubic yards would be 14 inches
deep if spread out. The 1,100 cubic yards we assumed based upon the number of truck loads makes it
less than 15 inches spread out and uncompacted (in the technical sense).
Thus, the soil testing to date by ALTA and Leymaster did not find any evidence of debris present in any
of the numerous soil samples collected. For the imported soils, testing indicates that the soils are
clean. Any contaminants detected in the soils are well below any relevant action levels. ALTA's soil
sampling of the dirt plot area and the dirt accepted by PVPUSD and used at other locations show clean
soil. Those test results have been provided to you. Leymaster's soil sampling shows clean soil. Those
test results have been provided to you. Except for the three pieces of debris removed by ALTA
which were identified as asbestos containing material, no other asbestos has been found at the site and
none is cited as a basis for support of the Order's finding..
In sum, the facts as PV AYSO knows them do not indicate that there is any factual support for a finding
of public health risk pursuant to Health and Safety Code section 25359.5(a)(2). Thus, DTSC is exceeding
is duly delegated authority and acting in excess of its jurisdiction by issuing the order.
Further, DTSC's guidance on this subject (as to determining health risk) is provided in DTSC Management
Memo #EO -97 -001 -MM: Site Screening Guidance where it is noted that "staff will evaluate the need for
removal actions to mitigate immediate threats to public health or the environment (fence & post, drum
removal, etc.)" and that among the factors considered during identification and review are:
- toxicity, migration potential, and other factors that make the contaminants hazardous
- extent of the release (known and potential).
- size and proximity of the potentially exposed population;
- site's current regulatory status (lead agency/oversight provided/enforcement actions/permits);
and
risk-based criteria for comparison to contaminant levels.
There is no basis for establishing toxicity because the debris identified as asbestos containing material
was removed from the site in November 2015 by ALTA. There is no migration potential. The release
consists of 3 small pieces of debris of unknown origin, and that's it. DTSC has not adduced evidence to
support the statutorily required findings, and is not following its own site screening guidance.
Based upon the circumstances as PV AYSO understands them, your release of the information to the
residents without providing context has provoked unnecessary alarm. The City received the email from
PVPUSD's counsel Terry Tao around 4 pm Tuesday, August 16, in the context of an inquiry to resolve an
issue with the City's setback requirement. It was posted on the RestorePVEducation Facebook page that
same night. You did not contact PVPUSD or PV AYSO to obtain clarification or any understanding or
even to put the information into context. You released a document given to the City for a limited
purpose regarding one issue to the public that same day. As a resident of RPV myself, I am dismayed
that the City would be so cavalier in its attitude. PV AYSO believes that your action demonstrates a bias
against PV AYSO and PVPUSD. Given the City and your commitment to transparency, PV AYSO
respectfully requests that the City provide to it copies of all communications between the City, including
you and Mr. Willmore, and the any resident concerning the Ladera Linda fields soil issue from December
2015 to the present. Given that you were able to release the email from PVPUSD to the City in a handful
of hours at most, I trust you can send the documents to me today via email. At a minimum, PV AYSO
demands a copy of the communication(s) you sent last night to the residents releasing the photograph
and other information. Certainly you can send that to me immediately as you had no problem
circulating it Tuesday night.
Further, you assert that PV AYSO improperly dumped soil when that is absolutely unfounded. The
imported soils has been demonstrated by geotechnical and environmental tests to be clean. What is the
basis of your finding that PV AYSO improperly dumped soil? Given the City's commitment to
transparency, PV AYSO respectfully requests that complete basis for your conclusion and
accusation. (We note that we have previously provided to the City Kit Fox's email confirming no permit
was needed to the import of the soils in April of 2015). In any event, your statement suggests that the
City is prejudging PV AYSO, demonstrating bias against PV AYSO.
We believe the bias demonstrated by you and Mr. Willmore as outlined above suggests that the City is
acting in an arbitrary and capricious manner.
Finally, it would seem that if the City was concerned with public health, rather than attacking PV AYSO
and accusing PV AYSO of lying, the City would join with PV AYSO and PVPUSD demanding the results of
the testing undertaken by DTSC on April 27, 2015.
I look forward to your prompt reply with all the requested communications. 1 anticipate I will be
receiving, at a minimum, copies of your communications sent Tuesday regarding the DTSC order and the
photographs, by close of business today.
Jennifer Taggart
Partner
Demetriou, Del Guercio, Springer & Francis, LLP
915 Wilshire Blvd., Suite 2000
Los Angeles, CA 90017
213.624.8407
213.624.0174 (facsimile)
www.ddsffirm.com
From Del)u4City Mangg-er .Ya13:
Jennifer,
I do not want this to devolve into a war of emails and semantics. We want you to know that there is no
hostility toward AYSO, that we are extremely supportive of your organization, and believe that AYSO
acted with good intentions. This support was clearly expressed by our Council when you last attended
our meeting. Our actions were intended to find out what is happening and to inform residents — not to
attack PV AYSO or PVPUSD. I am sorry if it was perceived that way. We have the same goal in mind — to
make sure the Ladera Linda field is clean, safe, and can be used by AYSO and other groups.
I need you to understand that just as it is your job to represent AYSO and duke it out with DTSC on
technicalities and how they came to their findings, it's our job to act in accordance with the findings
DTSC has made thus far and respond to concerned residents who live in the area and are affected by it.
If at some point DTSC updates their findings that the dirt is clean, believe me, we would be overjoyed.
Please let us know when that happens as that would be welcome news that we would be able to notify
our residents of as well.
As for your public records requests, they will be handled by our City Clerk's Office. I've sent the ones
that were received and sent Tuesday since they were easier to get. You'll see the concern from residents
and their theories that begin swirling when there is a lack of information. This is why I sent out Mr. Tao's
emails — so they can trust that they're getting the full story and quash any rumors. As a resident, I would
hope that you could put yourself in their shoes when they have been receiving conflicting or no
information for the past 1.5 years.
Please, let's work together, along with PVPUSD, to get this resolved.
-Gabrielia
From: Brian Campbell (Gmail) <bssi.campbell@gmail.com>
Sent: Tuesday, September 06, 2016 12:46 PM
To: Teresa Takaoka
Cc: Dave Aleshire
Subject: Late correspondence for Item 3
Attachments: SKMBT_C22416090611360.pdf
Teri,
A resident asked me to ensure that this is included in late correspondence, if possible, for tonight's item #3.
Thanks,
Brian
Deputy City Manager Yap July 201" email offering city assistance to Davidson
Group
From: Gabriella Yap
Sent Wednesday, July 2{\2O167i0PM
To: CC
Subject: RE: LaderaLinda field and soils
Thank you for sending the City your letter to Mr. Pang at DTSC and PVPUSD. We appreciate the information and also
how you and your neighbors have continued torepresent the concerns LaderaLinda residents have with the dumping a
the Portuguese Bend/Ladera Linda fields over the past year. The Council will be considering options for city action upon
conclusion of DTSC and AQMD's investigations, Please let us know if there is anything we can assist you with.
Gabriella Yap
Deputy City Manager
3094OHawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) W-5203
(31O)544-5291
From: Joan Davidson [maiboj135uooper@yohoo.00m]
Sent: Wednesday, July 2(l2O%6S:41PM
To: CC <CC@rpvc.gov>
Subject: re: LaderoLinda field and soils
Dear Council Members,
I am attaching ahtter sent this afternoon to the school board and DTSCHansen Pang who is lead investigatoj
on Ladera Linda field and soils dumped onto the field, sent by Joe Odencrantz, P.E., Ph.D_
Please note that the expert hired bvPVPUSD.Mr. Howard Spielman, who lists himself onthe professional
P\/PUGDCommunity video as aF'.E.has ecancelled P.E.license as of 2006.
Mr. Spielman also has not had a REHS (registered environmental health specialist) license/designation since
2O11aeconfirmed by their REHSboard.
CABoard OfEngineers has specific laws/regulations regarding non-use of the P.E. title w/o licensure.
balso questions Mr. Spie|mnon'sability to make statements with authority in my opinion.
|fyou have not had an opportunity to review the Alta Environmental Report I am attaching it below.
You can see that there are some instances pfhigh levels mfasbestos found incertain instances and this
should not be taken lightly.
Thank You
From: Sandra Valeri <smhvaleri@cox.net>
Sent: Tuesday, September 06, 2016 3:12 PM
To: Dave Aleshire
Cc: Diane Smith; Doug Willmore; Gabriella Yap; Elena Gerli; CC; Edmundo Hummel; Herb
Stark
Subject: Re: Comments on staff report regarding communications by public officials.
Hi Dave,
Thank you for your reply. You are right to separate my remarks into 2 categories, those which deal with
factual information in the report, and others that deal with Mr. Campbell's conduct.
I thought it was a draft of the report I was reading, so I would hope that any factual corrections would be
made before the report is finalized.
Thank you for acknowledging the errors regarding the lack of a school on the site and the quantity of
dirt imported. There are 27 cubic feet in every cubic yard, so 1100 cu yards = 29,700 cubic feet, which is a
BIG difference. I can understand the mistake as a typo that no one caught, but even non -engineers should
understand the difference between cubic feet and cubic yards.
An HOA is a legal body, as I'm sure you know. And it is inappropriate to attribute any action to this
legal body which they did not undertake. A few current and past members of the HOA board, have been
involved in trying to get facts uncovered in this mess, but they were operating as independent concerned
citizens, not as agents for the HOA. This correction should be made in your final version of the report.
Regarding whether or not PVPUSD gave permission for AYSO to import 85 truck loads of dirt, I do not
pretend to speak for PVPUSD. I only state that, contrary to your statement, they have said in public meetings
that they did not authorize this import. That they do not declare the dirt dump to be "illegal" is not the same
thing as giving affirmative permission; I'm honestly surprised that you would try to equate the two positions. I
think that you should contact the PVPUSD Superintendent, Don Austin, to clarify the PVPUSD position on this,
and modify the report as warranted.
Regarding Mr. Campbells conduct, it's noteworthy that you are willing to accept his statement that he
meant no harm, without even asking about his motives for contacting the Sheriff department about these
unfounded allegations. Also you fail to disclose any personal or business relationships that would bias his
opinion in this matter.
Sincerely, Sandy Valeri
On Sep 2, 2016, at 7:16 PM, Dave Aleshire <daleshiregawattorne..s�> wrote:
Diane and Sandra—
I am in receipt of your emails with some critiques of our memo. I appreciate factual corrections which
you have found and am happy to make the corrections. I do not believe that any of these factual points
1 1,3
would change any of our conclusions. In addition, I believe you have made some interpretations which I
do not feel are correct, and I wanted to point these out. We are likely to have a fairly agitated
discussion of all of this on Tuesday night and to the extent possible, I'd like to the extent within my
power, keep the discussion focused on the important issues. So I thought it might be useful to give you
a heads up concerning some of our thoughts on the various points in your emails.
1 First, as to factual inaccuracies. Ms Valeri is correct on several of these points. If you
say there is no school near the fields then we made a mistaken assumption. The cubic
feet vs cubic yards—there certainly is a difference in quantity and despite review by a
number of persons, not being engineers we didn't pick up on this mistake. You also
make a good point about the lack of proof. You object to our characterizing what the
HOA was doing as an "investigation". Maybe it was a poor choice of words. We knew
that members of the HOA were involved with asking questions and we didn't mean to
use the term "investigation" in a formal way. I'm sure your "informal group" description
is better than ours. While you make a point of saying that the School District did not
authorize the storing of the soil, I don't think it is much of a distinction, they clearly are
not contending that the soil is illegally there. So on some of these points we appreciate
your corrections, and on others I understand your point and we may have a little
difference on how we'd characterized something. But I don't think any of the above
affects the conclusions we reached.
2 Second, as to "No Inside Information" statement (#7). Your point here is that there
was no inside information. At no point do we claim in our memo that there was inside
information. We did not evaluate this. You say the information was all publicly
available. You ask what Councilmember Campbell's purpose may have been in
contacting the Sheriff. I think this is all within the scope of legitimate public debate, and
it is not for our report to deal with this. The facts we are dealing with is that
Councilmember characterized his comment to the Sheriff in a certain way, he did not
state that he was making a complaint, and the Sheriff used their internal policies to
determine that they should investigate it. For our purpose it does not matter whether it
was or was not inside information—the Sheriff decided it warranted investigation, and
ultimately they found the "complaint" unfounded, according to Lt Hummel. Those are
the facts as presented by our report and I don't see that you question them. However,
you go on to raise other questions, and to speculate, if I may use that word, and all of
that is legitimate public dialogue which we neither seek to cut off, nor engage in.
3 Third, as to Trump Golf Course (Smith). We certainly are not saying that any soil came
from Trump. Elena was not on some political mission. The City was originally told by an
evidently unreliable source that soil came from there. It has been pointed out to me in
this politically charged season, that we should have been more sensitive that there was
no reason to make this association with Trump. It is my mistake for not being more
alert to the potential issue and not modifying the sentence. We are willing to delete the
reference, and make the other corrections discussed in #1 above. However I'm sure
Trump would not want this further discussed publicly.
4 Fourth, City Attorney disregards experts and defends Campbell by saying he meant no
harm. Ms Smith may be engaging in the same hyperbole she accuses us of. We only
state that Councilman Campbell told us he never used the word complaint and the
Sheriff confirmed this. This is all we stated. We never state his motive, nor do we state
that he meant to or did not mean to cause harm. As stated above, the motive issue is
subject to debate. Our memo only tries to state what the facts are and we leave it to
the public to have the debate on purpose. I'm sure at the end of that debate the
Councilmember will have his defenders and detractors ----and maybe they will be
unchanged from the beginning of the debate.
P)
Ms Valeri begins her email with a discussion of the real point of our memo, which was a discussion of
the City's protocols on the use of titles. it is possible in the political discussion that the claims over this
particular incident will obscure the questions over the City's current policy and whether the policy is
adequate. Is it ok for a councilmember to use City letterhead as long as he states that what is in the
letter is not the position of the council as a whole? Or should letterhead only be used if the whole
council has authorized it? Can a councilmember ask questions of a department head such as the Chief,
or do they have to have council authorization? Do they have to identify whether they are speaking in an
official or private capacity? I've done these policies in half a dozen different cities and they are
inherently tricky --•-because conversations are occurring every day of the week. It would be good to get
to the point where everyone has a clear understanding of the existing policy and then we get it revised
to reflect how the Council would like to operate so misunderstandings don't occur in the future. But I
don't know if we will be able to have that discussion on Tuesday.
Anyway, thanks for carefully looking at our report, and for considering this long email. I hope in some
way this will help our discussion next week.
Dave
From: Diane Smith [mailto:radlsmith(c1cox.net]
Sent: Thursday, September 01, 2016 10:13 PM
To: 'Sandra Valeri'
Subject: RE: Comments on staff report regarding communications by public officials.
This is a very good response regarding the Staff Report Sandra.
My personal concern here was that a City Councilman went after a sheriff/resident who "saw something
and said something" but no one listened so he started looking, with other residents, and exercised his
free speech and winds up with a complaint in his HR file.
I speak out on behalf of Mr. Hummel and then Brian Campbell slams me — in public -- interrupted my
speech again and again.
I look to our City Council and City Attorney for clarification and this is what I get?
Our City Attorney's office, through Elena Gerli, acknowledges our Sheriff's Department internal
investigation of Councilman Brian Campbell's "inquiries" regarding Ed Hummel and acknowledges the
Department's finding
"the determination to treat Mayor Pro Tem Campbell's comment as a complaint was an
internal decision by the LASD."
The LASD are EXPERTS. They knew full well that Campbell wasn't concerned about the health of our
children and residents playing in asbestos and DDT and who knows what else -- for some reason Brian
Campbell didn't want residents meddling and he picked a resident he could hurt. Campbell wouldn't
dare go after former School Board Members Barry Hilldebrand and Joan Davidson who, like the rest of
us, have been tearing our hair out trying to get documentation from the School District on their solar
scam as well as soils scam.
What I feel is adding insult to injury is that our own City Attorney discards experienced professional
sheriffs findings and they make their own findings based on the flawed information you pointed out, and
say Brian Campbell didn't mean harm.
The attorneys go on to dig into definitions of words in the council protocols and junk like that. Brian
Campbell knew exactly what he was doing when he was flexing his muscles writing "RPV Mayor Pro
Tem" after his name in the email to the Sheriff Captain! It makes me sick.
Then, the clerk Elena Q. Gerli gets political (I can't see any other reason for this) and loads her memo
with unfounded insinuations that somehow Trump National Golf Course might be involved in dumping
3
dirt there! I informed the manager of Trump, hili Amini, and she was very annoyed at this inclusion,
saying "that is completely untrue". Gerli knew that so why did she include it if not to get a "dig" in at
Trump.
They all make me sick.
I'm going back to look at that Item 5 on the last Agenda and take appropriate action.
Diane Smith
From: Sandra Valeri [mail to:srnhvaleri cox.rt t]
Sent: Thursday, September 01, 2016 7:24 PM
To: Gabriella Yap <&yafC 1pv a.gc v>; Doug Willmore <DW llore c rpyca.gov>; CC <cc@rpa.Rov_>
Cc: Edmundo Hummel <ecarloshu1n & rLi�il,com>; Herb Stark <herbertstark2cox.net>
Subject: Comments on staff report regarding communications by public officials.
Dear Gabriella and Doug,
I have been reading the staff report regarding clarification on when Council members can
use their titles, etc.
Regarding the main topic, I think it is assumed that when someone uses their title, they
are speaking on behalf of that organization, whether they say so explicitly or not. For example, if
the Chief of Staff for Eric Garrett published a letter or press release with his title on it, you
would assume that he was speaking on behalf of the Mayor's office and not just as a private
citizen. Personally I volunteer with several organizations, and have held Board positions for
many years. I know that I should not use my position or title except when I am speaking on
behalf of that organization. I can speak or contact anyone I choose as a private citizen, but I do
not use any title related to my volunteer work. This is rudimentary. If this extremely basic
concept is not clearly specified in the city protocol, then it should be amended to make it
abundantly clear that no one should ever use their title except when speaking on behalf of the
city.
I also want to address several errors and misstatements in the letter from Elena Q. Gerli:
1) Ms. Gerli incorrectly states that PVPUSD "has a school and soccer fields in the Ladera Linda
community". This is false. PVPUSD has no school at the site, in fact no buildings at all, only
soccer fields which are leased to AYSO.
2) Ms. Gerli states that AYSO "periodically levels the fields with new soil", implying that the
dirt was brought in for that reason. Yet none of this dirt has ever been used to level any fields at
all, again questioning the purpose for dumping it here and then immeciately compacting it with a
backhoe.
3) Ms. Gerli states that approximately 1100 cubic feet of soil was deposited at the site. This is
grossly incorrect. AYSO has stated that approximately 100 cubic -yards of dirt was imported,
this is a difference of a factor of 9! Also this quantity has never been independently verified. It is
just what AYSO admits to bringing in. Since they did not procure ANY of the legally required
permits, we have no absolute proof of how much dirt really was imported to the site.
4) Ms, Gerli states that the Ladera Linda HOA was conducting it's own investigation into the
issue. This is false. There was a single meeting that our HOA president attended along with other
members of the community (including myself) with representatives of RPV city, PVPUSD, and
AYSO. We talked about several issues regarding use and maintenance of the fields, but the dirt
deposit was not discussed in that meeting. The HOA did not conduct their own investigation.
The dirt pile problem has been addressed only by an informal group of residents. As Mr
Willmore notes, residents have been contacting the city about this issue since the dirt was first
dumped in April 2015.
6) Ms. Gerli states that PVPUSD had authorized AYSO to dump this dirt. But PVPUSD has
publicly stated that they did not authorize the dump of 1100 cubic yards of dirt on the site.
7) Ms. Gerli includes a copy of an email that contained what Mr Campbell "considered an
unusual amount of 'inside information"'. But this information came from a media release from
the DTSC. It was publicly available on the DTSC website. The background information section
should be amended to reflect this true source of the information. There was no inside
information.
Mr. Campbell's allegations were completely unfounded. It was completely irresponsible
for Mr. Campbell to make this ludicrous assertion. His inflammatory mischaracterization of
publicly available information as being "inside information" is what gave rise to his comments
being investigated as a complaint. Did Mr. Campbell ever make ANY kind of effort to determine
the source of the information before leaping to his wild accusations? Did he really think that
questioning if a police officer was inappropriately using their office or was sharing "inside
information " wouldn't lead to a complaint being filed? Please tell us what was his purpose in
contacting Captain Beringer about this fi not to raise a red flag with him? I hope that Mr.
Campbell will be more careful and check his facts before he accuses another resident of
something like this.
I would like to know if anyone has investigated if Mr. Campbell was acting at the behest
of AYSO or PVPUSD when he contacted Captain Beringer with his false allegations regarding
Mr. Hummel's supposed insider information? Never once has Mr. Campbell ever taken any
action on this matter when residents reached out to the city with questions and concerns. He
never made any effort to contact AYSO or PVPUSD to obtain answers for his residents
regarding the source of the dirt, if it had been tested, if hauling permits existed, or why it was
imported. It is worth questioning why the one and only action he has ever taken was to question
the involvement of a resident in the investigation. Why was he so indifferent to the residents he
is suppose to be serving, but he was so eager to accuse a resident of misusing their public office
and question their involvement once an investigation was initiated. Why didn't Mr. Campbell
ever make any effort to get any answers for the people he is suppose to serve?
Sincerely, Sandy Valeri
Attached is a copy of the DTSC media release - source of the notorious "inside
information" - made publicly available to the world on April 29, 2016:
In response to recent complaints received by the Department of Toxic
Substances Control (DTSC), investigators served search warrants at
multiple locations in Rancho Palos Verdes on Wednesday related to an
investigation of soil deposited at the Ladera Linda Park soccer fields by
the Palos Verdes American Youth Soccer Organization (PVAYSO).
DTSC wants to determine if the soil poses a threat to the community and
the children who play on the soccer fields. DTSC collected soil samples at
the soccer fields. The samples will be analyzed for hazardous waste. The
soccer organization leases the property from the Palos Verdes Peninsula
Unified School District (PVPUSD).
DTSC has been working in close partnership with members of the US
Environmental Protection Agency, the South Coast Air Quality
Management District (SCAQMD), the Los Angeles County District
Attorney's office, and the Los Angeles County Fire Department's Certified
Unified Program Agency (CUPA) in this investigation.
2
=21
Hansen Pang, Chief Investigator
California Dept. of Toxic Substances Control
Office of Criminal Investigations
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:33 PM
To: Donatoni, Dawn; Susan Brooks; Brian Campbell; Jerry Duhovic; Ken Dyda; Anthony
Misetich; CC; PC; daleshire@awattorneys.com; Ken Dyda —; Jerry Duhovic —;
bssi.campbell@gmail.com
Subject: RE: Ladera Linda, DTSC, and AYSO
Dear Ms. Donatoni,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 15t "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 201h. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Donatoni, Dawn[mailto:Dawn.Donatoni@karlstorz.com]
Sent: Tuesday, September 06, 2016 11:43 AM
To: Susan Brooks <Susan B@ rpvca.gov>; Brian Campbell <BrianC@rpvca.gov>; Jerry Duhovic <JerryD@rpvca.gov>; Ken
Dyda <Ken.Dyda@rpvca.gov>; Anthony Misetich <AnthonyM@rpvca.gov>; CC <CC@rpvca.gov>; PC <PC@rpvca.gov>;
daleshire@awattorneys.com; Ken Dyda — <cprotem73@cox.net>; Jerry Duhovic — <jduhovic@hotmail.com>;
bssi.campbell@gmail.com
Subject: Ladera Linda, DTSC, and AYSO
Importance: High
City Council Members,
1
I find myself completely confounded on your approach to this Ladera Linda issue. You clearly are aware of what is
transpiring and you are failing your constituents with the way in which you are dealing with it, or lack of dealing with it
as is obviously the case. You choose to tell untruths in open sessions, saying that the dirt didn't come from one site and
the DTSC found asbestos in the soil. That is 100%, patently false. Instead, you believe the rants of a small group, led by a
single individual who has abused his authority in an attempt to keep kids from playing soccer. The reason he doesn't
want AYSO at Ladera? He doesn't like the traffic. Plain and simple. He finds having to wait at the bottom of Forrestal to
turn onto PV Drive South a nuisance. This small group of individuals first told lies about a parking lot being built. That
didn't stick because it's not true. Then they said we were putting up stadium lights. Again, not true. Then there was the
issue with the AYSO sign that was erected above the Ladera fields. Apparently it blocked the view of the ocean when
standing right behind it. THE PACIFIC OCEAN. Ridiculous. As a volunteer with AYSO, we serve 2,500 kids playing a sport
they love. Playing outside, in the sun, away from computers and video games that we see our children playing far too
often. You are aiding a small group of individuals in their attempts to keep these children from playing soccer. You are
neglecting your duties to resolve an issue that has been going on for months now. Shame on you.
DTSC has not released any findings. The fact that you haven't bothered to call on them to do this is a failure in your duty
to the public. Instead, you cater to a small group of people that are trying to rid kids of playing fields. AYSO has been
continuously attacked on social media with disinformation and rather than respond to it, we've taken the high road in
the hopes that our city leaders would see through the agenda of the few. Clearly, you have decided not to work with the
organizations that make this community great, with the organizations whose volunteers spend hundreds of hours on
behalf of 2,500 kids. Instead, you waste time arguing about a forwarded email to a Sheriff. You should be embarrassed.
The dirt did come from one location. The DTSC has not released any findings. One piece of asbestos was found on the
top of a dirt pile 6 months after import. It was one inch by one inch. Found in a very windy area and not consistent with
the home where the dirt came from. It was removed 10 months ago. How did it get there? Where did it come from? Did
it blow there? Was it dumped there? Was it planted? Torrance permits clearly state that a 1403 asbestos abatement was
done at the home where the dirt came from. If you visited the site, you would see that every house on that block is built
on an 8 foot elevation. This house was brought to grade level and a basement and swimming pool were added. If you
bothered to check the permits you would see that the Torrance permits say that 1300 cubic yards of dirt was exported
from that site. Yet you state as fact in an open meeting that it couldn't come from one site. Not only are you calling
AYSO liars, but you are calling the city of Torrance liars. Do your due diligence. That's your job as City Council members.
That's your job as elected officials who are supposed to be serving on behalf of this community.
To find out that now you are considering honoring a man with a commendation who has abused his authority and lied
about AYSO to suit his own motives is offensive and ignorant. He has admitted to lying about AYSO adding stadium
lighting to garner support. He admitted it!
I remain in shock that the city would not once contact AYSO in an effort to get even one question answered. I remain
shocked that the city would not once contact the DTSC to see what is going on and demand the release of their findings.
This is your duty. AYSO has remained silent in hopes that you would do your duty and act reasonably. Instead, the
politics, bickering, and incompetence of staff now make that impossible.
I request that you stop wasting the public's time catering to the few and work with the people that make a difference to
our youth. I request that you demand that the DTSC release their findings at once.
Dawn Donatoni
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:38 PM
To: Moore, Michael; daleshire@awattorneys.com; cprotem73@cox.net;
jduhovic@hotmail.com; Brian Campbell (Gmail); CC; PC
Cc: Susan Brooks; Brian Campbell; Jerry Duhovic; Ken Dyda; Anthony Misetich
Subject: RE: Fields at Ladera Linda
Dear Mr. Moore,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 15t "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Moore, Michael [mailto:Michael.Moore@ngkf.com]
Sent: Monday, September 05, 2016 8:05 PM
To: daleshire@awattorneys.com; cprotem73@cox.net; jduhovic@hotmail.com; Brian Campbell (Gmail)
<campbell.rpv@gmail.com>; CC <CC@rpvca.gov>; PC <PC@rpvca.gov>
Cc: Susan Brooks <SusanB@rpvca.gov>; Brian Campbell <BrianC@rpvca.gov>; Jerry Duhovic <JerryD@rpvca.gov>; Ken
Dyda <Ken.Dyda@rpvca.gov>; Anthony Misetich <AnthonyM@rpvca.gov>
Subject: Fields at Ladera Linda
To the Members of the City Council,
I write this email in complete disbelief that it is required. I have been watching the situation regarding the fields at
Ladera Linda with much interest and now feel it necessary to email you in a hopeful effort to move it to a conclusion. As
3�
an attempt to introduce myself, I have lived on the Palos Verdes Peninsula since 1972, have been on a number of boards
on the Hill, including little league and am currently on the Board of Trustee for the Peninsula Education Foundation
among others. I feel as though I have the respect of many on the Hill given how much I volunteer on behalf of the
community. In this respect, I do not speak for any organizations that I am a part of. This email is from a parent of two
children who has concerns over how the situation at Ladera Linda is being handled, or more to the point, not being
handled.
As you know, the fields at Ladera is important to the AYSO, which serves thousands of children on the Hill. I urge you to
do your duty and to call upon the DTSC to publish their results of the testing of the dirt so that a conclusion, one way or
another, can occur. This has been going on, with no indication from the DTSC of their results, for way too long. And it
completely distresses me when I see on TV of the City Council meeting, representations being made about the test
results from the DTSC as well as statements calling AYSO liars. You all have a tough job, but in that job, your primary
duty is to represent your constituents. From what I have read and watched on TV, you are failing in your duty in this
situation. There will be no conclusion regarding this matter until the DTSC has released their findings and I have seen no
indication that any pressure is being applied by either the City Council or the Mayoral' s office. I hope you are asking
yourself who this delay is affecting. The answer is the hundreds of families who need those fields open so that their
children can play soccer. I hope that you will be able to defend what actions you have taken in order to bring this issue
to a conclusion. At this point, I don't think you will be able to have that conversation with your constituents from a
position of strength. But I hope that this changes.
Lastly, and I can't believe this to be true, but I was informed that you intend to honor the individual who filed the
complaint regarding the cleanliness of the dirt which is causing this dispute. There is no way you can be doing this. If
the dirt in question is indeed "clean", as both the PVPUSD and AYSO published findings indicate, to honor this individual
for what in essence would be to delay or prevent hundreds of families from using this site, would be an action that is
reprehensible. If this honor is indeed true, I feel that I would have no other alternative but to support a change of those
on the City Council and Mayoral positions who proposed this honor, so that the people that they are to represent are
indeed represented. Given how unhappy those families will already be given what has happened, I don't believe it will
be a tough sell for them to support an alternative.
Again, I urge you to put whatever pressure you can on the DTSC to release their findings and to bring this all to its
rightful conclusion. If the dirt is clean, let the kids play!
Respectfully yours,
Michael Moore
Managing Director
Newmark Grubb Knight Frank
2321 West Rosecrans Avenue
Suite 4200
EI Segundo, CA 90245
T 310.491.2019
M 310.710.5501
michael.moore n kf.com
,,, l a i r`'s= ... I hink Before Y,.>.ul Print +3USt"czi(1,','Ably Nc'wr1"1 rk Grubb Krjighi. Fnank,
NOTICE: This e-mail message and any attachments are intended solely for the use of the intended recipient, and may contain information that is confidential, privileged and
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From:
Gabriella Yap
Sent:
Tuesday, September 06, 2016 3:46 PM
To:
Dan and Wendy Murdoch; CC
Cc:
daleshire@awattorneys.com
Subject:
RE: Ladera Linda
Dear Mr. and Mrs. Murdoch,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
the status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1't "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Dan and Wendy Murdoch [mailto:dnwmurdoch@yahoo.com]
Sent: Monday, September 05, 2016 4:48 PM
To: CC <CC@rpvca.gov>
Subject: Ladera Linda
City Council Members,
As you are well aware, there are a few residents that have made complaints about the "dirt" at
Ladera Linda. I have been disappointed with how the situation has been handled by the city.
First of all, these false allegations have come from only a handful of people. Not only that, but
the main person who has caused all of this trouble has used his position in law enforcement, for his
own gains... namely not having AYSO use the soccer fields at Ladera Linda. He has only been a
resident for about two years, and in those two years, has brought about false complaint after false
complaint to the school district and AYSO, like putting in stadium lights, and making a parking lot, just
to name a few.
AYSO and the school district have both had the dirt tested, and it has come back clean, even
though my understanding is that your city manager has stated otherwise. AYSO is an organization
that is made up of volunteers to help the kids in your community have a fun and safe experience
playing soccer. In fact, it is the biggest program on the hill for kids, having almost 2,500 children in
their program. The running of this program has suffered with not being able to use upper Ladera
Linda. Countless hours have been put in by several individuals, who volunteer their time, to help
resolve this situation, like Brent Daniel, and Alan Kossoff. Not to mention the cost to legal efforts to
defend AYSO and the school district from these allegations.
The city council has not helped this situation, by not doing anything to support this volunteer
organization. From what I understand the council has allowed unproven accusations to fester, and
even added some of their own "I heard" stories. None of these things has been proven true, and it
has added to the division of the community. Please don't give those causing the problem an ear to
listen.
I have heard, that the city is considering giving a "commendation" to the source of a lot of this conflict
with "dirt". As a resident, I would like to hear from you why you believe this man deserves a
commendation.
I'm hopeful that after receiving this letter that two things will happen:
1) you will stand up for the residents/kids who play in AYSO, and contact the DTSC to release their
results, so that the matter can be put behind us.
2) NO commendation will be made to these trouble -makers. If anything, a commendation should be
made to Brent Daniel, who has worked tirelessly to resolve this issue when it first came up!
Dan and Wendy Murdoch
Resident and parent of children in AYSO
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:48 PM
To: Craig Handjian; Anthony Misetich; Ken Dyda; Jerry Duhovic; Brian Campbell; Susan
Brooks
Cc: PC; CC
Subject: RE: Take a moment to say thank you...
Dear Mr. Handjian,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1St "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 201h. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Craig Handjian [mailto:chandjian@gmail.com]
Sent: Monday, September 05, 2016 3:30 PM
To: Anthony Misetich <AnthonyM@rpvca.gov>; Ken Dyda <Ken.Dyda@rpvca.gov>; Jerry Duhovic <JerryD@rpvca.gov>;
Brian Campbell <BrianC@rpvca.gov>; Susan Brooks <SusanB@rpvca.gov>
Cc: Ppc@rpvca.gov; CC <CC@rpvca.gov>
Subject: Take a moment to say thank you...
Hello RPC City Council Members,
3.
As a volunteer and tax paying member of the RPV community, I wanted to take a moment and thank you for
your help and contributions to making our community phenomenal. I am proud to say my tax dollars go to
funding such a wonderful place and am happy to have a good group of people like yourselves attending to this
communities issues.
It is here, I'd like to point out one oversight and ask you to please finally take the action necessary to stop the
insanity with Ladera Linda. I have been active with the AYSO program for 3 years now and know first hand
the tremendous contributions this program makes to our community. This situation has gone on long enough
and its time you all unseal the records and bring the full story to light, exonerating AYSO and PVPUSD of any
wrong doing, and issuing an apology.
Again, appreciate your time and consideration into the matter.
Thank you.
Craig Handj ian
RPV resident
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:49 PM
To: Joe Tabrisky; Susan Brooks; Brian Campbell; Jerry Duhovic; Ken Dyda; Anthony Misetich
Cc: CC; PC
Subject: RE: September 6, 2016 City Council Meeting: Agenda Item No. 3
Dear Mr. Tabrisky,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1St "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Joe Tabrisky [mailto:jptabrisky@cox.net]
Sent: Monday, September 05, 2016 1:46 PM
To: Susan Brooks <SusanB@rpvca.gov>; Brian Campbell <BrianC@rpvca.gov>; Jerry Duhovic <JerryD@rpvca.gov>; Ken
Dyda <Ken.Dyda@rpvca.gov>; Anthony Misetich <AnthonyM@rpvca.gov>
Cc: CC <CC@rpvca.gov>; PC <PC@rpvca.gov>
Subject: September 6, 2016 City Council Meeting: Agenda Item No. 3
I am sending this email to each of you to comment on Agenda Item No. 3 of the regular business calendar for the
September 6, 2016 Council Meeting.
I am a 37 -year resident of the City of Rancho Palos Verdes. I attended PVPUSD schools from the 3rd grade, and my three
children, now adults, also attended PVPUSD schools. My parents maintained their home on the East side of the Hill and
both are now buried in Green Hills.
1 3
Never in my 37 years of being a resident of this wonderful hill, and especially this City, have I been so disappointed with
our leadership. Never in my wildest imagination would I ever expect that any city would act in the manner which I have
seen lately from the City Council and City Staff. Moreover, I have never seen any government directly, purposefully, and
callously put itself into a position of confrontation with two organizations whose primary mission is to serve our youth.
While I am writing to you now as a long-time proud resident of this City, to be transparent, I also am a former player of
AYSO on the Hill. Most importantly, I continue and likely will continue to be an extremely proud and dedicated
volunteer of AYSO for 29 years and of which the last 17 years has been for Region 10. 1 grew up playing what was then
called the Portuguese Bend fields, now Ladera Linda. I later coached at those fields, and my children played many of
their soccer games on those fields. I continue to volunteer many long hours at the Ladera Linda fields while
teaching/mentoring up and coming referees, so that the children in our community can continue to experience AYSO
soccer in as positive and encouraging an atmosphere as I did growing up on the Hili.
While I am a proud AYSO volunteer, I am speaking to each of you now simply as an embarrassed resident of the City of
Rancho Palos Verdes who is concerned that the recent pettiness by and among the City Council and Staff will not be
limited to this City Council and Staff but will hamstring future councils for the foreseeable future.
I am not going to go through all of the surprising and truly sad failings which have been demonstrated by each member
of this Council since at least April 2015. 1 am not going to explore with you the failure of each of you to patiently, wisely,
and calmly evaluate what has been transpiring on your watch rather than to engage in histrionics and marry yourselves
to a man which has admitted to having misrepresented various facts on numerous occasions simply because he does not
like AYSO using the same fields it has used for nearly 40 years. I am not going to comment on your actions in which you
apparently contemplated awarding this same person who defamed a wonderful volunteer and long term resident of this
city by equating him to a "meth lab" operator. I am also not going to comment on a man whose practice is to personally
ridicule and verbally abuse any person who happens to disagree with him, who may have facts and evidence which
contradict the story he has been telling, or who simply ask him uncomfortable questions for which he has no reasonable
answers. This is the time that I can remember where our leaders, who should know better, have allowed someone to pit
a city against a non-profit youth organization serving a vast number of our city's residents.
When I became aware of the situation involving the Ladera Linda fields, because I am a user of those fields, I picked up
the telephone and spoke to a number of people. I personally read the three environmental reports and the test results
for the soil that was transported in from Torrance and of the separate debris that was found on the top of that soil seven
months after it was delivered. I asked for and was able to read numerous studies, letters, and emails concerning the
soil. I read the AQMD's Notice to Comply and most recently read the DTSC Order (which by the way was misrepresented
by both Mayor Dyda and City Manager Willmore.) I am aware that DTSC's Compliance Section has not even seen any of
the test results of the 40 samples taken by the DTSC's criminal division and claims that the criminal division will not
share them. I am aware that all tests of the soil have demonstrated that it complies with all state and federal laws and is
useable by any school district for use on school property.
I am also aware that the in November, 2015, Alta Environmental found debris on top of that soil which was not part of
the shipment. Of the 15 samples of the debris that it took from the top of the soil, Alta found three small pieces (not
measuring greater than 1 inch square) with asbestos and only one of those three pieces out of the 15 contained friable
asbestos. Critically and most importantly, none of the debris on top of the soil came from the Torrance site or was part
of the Torrance soil. All tests of the Torrance soil have be consistent with what it is and where it originated.
Most importantly, ALL of the tests on the soil and the remaining debris after the November 18 have been clean of any
asbestos. Moreover, the DTSC
With this background in mind, let's address what this city has done in the face of all of this. Last meeting, its Mayor and
City Manager engaged in a misleading exchange in which the city misrepresented the findings of the Department of
Toxic Substances Control and then misrepresented the source of the soil thereby accusing a youth organization which
has served our community for 48 years of being led by liars. Rather than try to directly address those representations or
to withdraw them, it now has doubled down by seeking to change City protocols simply because one of the council
members approached the Captain in charge of law enforcement on the hill to ask how a resident appeared to have first-
hand knowledge of certain law enforcement actions.
No protocol should ever be adopted which essentially muzzles a city leader from asking questions. No policy should ever
be adopted or connected in any manner which may preclude anyone, especially a member of city council from educating
himself or herself by reaching out to and questing what is taking place. Yet, that is exactly the message which each of
you are now sending through your own misinformation to the City and Agenda No. 3.
It is truly shocking and distressing that five individuals who purport to serve as leaders and role models of our
community are so disconnected with it that rather than address real concerns, such as the unplayable and dangerous
state of Hesse Park which AYSO now has chosen not to use to protect our children, but instead engages in an exercise
which is designed to muzzle its own.
I strongly urge not only that the City council pulls this matter from its agenda for September 6, 2016 but immediately
follow the lead of Assemblyman Hadley and engage the Department of Toxic Substances Control to finally disclose the
results of the April 2016 testing and conclude this investigation one way or the other.
I truly hope that you will finally use this moment to pivot the council and become the leaders which we thought we were
electing to become leaders of our city.
Joe Tabrisky
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:51 PM
To: David Potter; CC; PC
Subject: RE: The Rancho Palos Verdes City Council members need to take immediate action
regarding city employees making irresponsible and false statements
Dear Mr. Potter,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 15t "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: David Potter [mailto:davidparadigm@gmail.com]
Sent: Sunday, September 04, 2016 11:17 PM
To: CC <CC@rpvca.gov>; PC <PC@rpvca.gov>
Subject: Fwd: The Rancho Palos Verdes City Council members need to take immediate action regarding city employees
making irresponsible and false statements
To the Rancho Palos Verdes City Council -
As a life time resident of Rancho Palos Verdes I am very concerned with how the City has allowed an employee
to make irresponsible decisions in making false and slanderous statements about the P.V.U.S.D and the local
.3
AYSO organization. It is time the Council stands up and puts a stop this nonsense and political agenda by
employees and elected officials. Any false public statements made by a paid employee opens the up the City to
potentially costly lawsuits. Costly lawsuits are the last thing your taxpaying constituents, who elected you,
want to see.
In addition to this reckless behavior it makes our city look unprofessional, irresponsible, and unethical. At a
time when so many cities in Los Angels County have major legal and image issues we do not need our
wonderful City of Rancho Palos Verdes to join the ranks of City Commerce, Bell, Carson, Compton, or
Cudhay.
I urge you to contact the DTSC and have them release the results of the investigation as soon as possible so we
can all move forward in a positive and professional manner as opposed to how the current situation has
degraded.
As elected officials it is your responsibility and duty to get control of this situation and put an immediate stop to
this shenanigans and not instigate the situation. In addition, it is my understanding that a very small group of
people are responsible for creating this crazy social media frenzy and one of whom is a Sheriffs Deputy. It has
been an incredible waste of our taxpayers monies for the School District and the largest non-profit organization
in Rancho Palos Verdes to be squandering money on legal costs, equipment, overhead, and manpower to defend
and address this situation.
I am dumbfounded that various agencies came into our beautiful city with guns plainly visible gathered in the
Golden Cove parking Lot and went around like cowboys raiding the home of at least one Rancho Palos Verdes
resident and the offices of P.V.U.S.D. (One of the best school districts in the world). These Cowboys took
computers away only to be returned months later upon which most of the computers had to be replaced at
enormous expense to the taxpayers.
Why are we wasting our resources on this petty issue while home invasion robberies, mail theft, grand theft
auto, assaults, and identity theft are at an all time high in Rancho Palos Verdes. All these agencies should be
ashamed of themselves especially the Sheriffs Department. Let is spend our limited resources and taxpayers
money on issues and security that positively effect our community as a whole not on what a couple disgruntle,
angry, and politically motivated small minded people want
I also understand (maybe it is a rumor - hopefully -) that the City is considering presenting a commendation to
one of the individuals that has perpetuated this issue. I strongly recommend that the City Council withhold any
commendation until we have a full understanding of exactly what the situation. Please do your jobs as elected
officials and remain objective and not turn the process into political mess. Lets make the City of Rancho Palos
Verdes proud and move forward in a positive and productive manner!
Sincerely,
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 3:51 PM
To: Marcia Lee; CC
Subject: RE: Ladera Linda soccer fields - AYSO needs your support!
Dear Ms. Lee,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 11t "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310)544-5291
From: Marcia Lee [mailto:marcia.m.lee@gmail.com]
Sent: Sunday, September 04, 2016 6:28 PM
To: CC <CC@rpvca.gov>
Subject: Ladera Linda soccer fields - AYSO needs your support!
To the City Council of Rancho Palos Verdes,
I have seen and heard the discussions on social media regarding the possibly contaminated soil at the Ladera
Linda park site.
I would like to voice my strong opinion that the City Council needs to RESOLVE this issue quickly.
It is a disservice to the community to complicate AYSO's use of the fields. AYSO is VOLUNTEER
organization that promotes sports and healthy competition.
3
Childhood obesity in the US has doubled in children and quadrupled in adolescents in the past 30 years. It now
reaches almost 20%.
If there were any truth to the allegations then proof should have immediately been communicated to ALL
stakeholders.
As it appears that has not happened, the matter throws RPV's City Government's inability to resolve the matter
in an efficient and transparent manner.
Please exert your best efforts towards resolving these lingering allegations so the field can be put to good use.
Thank you.
Marcia Lee, MD.
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 4:10 PM
To: Mark Zoeckler; CC; PC
Subject: RE: RPV City Council not acting in public interest
Dear Mr. Zoeckler,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1St "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
In regards to your statement that your emails may have been intercepted, can you let me know what you are referring
to? The emails sent to the Council's @rpvca.gov emails are going through and absolutely would be delivered to them. If
the Council person forwards these emails for their private accounts, like Yahoo or Gmail, then we don't have any control
over that part.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310)544-5291
From: Mark Zoeckler [mailto:mark.zoeckler@gmail.com]
Sent: Sunday, September 04, 2016 3:37 PM
To: CC <CC@rpvca.gov>; PC <PC@rpvca.gov>
Subject: Fwd: RPV City Council not acting in public interest
It is my understanding that my emails to the addresses below were intercepted and not delivered to the city
council members, so I am resending here. It is my understanding that there are many other emails that may
have been intercepted and not forwarded or reported to council members.
The City of Rancho Palos Verdes is doing harm to its citizenry over a false set of accusations and ignoring
published facts.
---------- Forwarded message ---------
From: Mark Zoeckler <mark.zoeckler 2mail.com>
Date: Sun, Sep 4, 2016 at 9:13 AM
Subject: RPV City Council not acting in public interest
To: <susan.brooks aLpvca.gov>, <brian.campbell a,rpvca.gov>, <jerry.duhovicnrpvca. ov>,
<ken.dyda@rpvca. ov>, <anthony.misetich a,rpvca. ov>
Dear RPV council members:
I am fairly certain RPV's part-time leadership won't read this personally, probably some analyst or
intern, but I think it is worth putting it on the record that the behavior of the RPV city council on the
Ladera Linda "toxic dirt" issue is among some of the most ridiculous I've seen anywhere.
The fact that the city council cannot take the time to read the FACTS: (1) three tests have shown the dirt
is clean, (2) the dirt has been documented as coming from one site, (3) a Sheriffs deputy who lives nearby
has been clearly caught lying and has a history of trying to get the AYSO banned from Ladera, (4) DTSC
has done NOTHING and released NO INFORMATION after their over the top raid orchestrated by the
activist Sheriff deputy.
All are documented facts, yet you seem to ignore them in your rush to crush an organization that serves
over 2500 kids, and has over 800 volunteers. Perhaps there are other economical forces at work that we
have not been made privy to that influence your actions?
There are so many opportunities for the RPV city council to ACTUALLY be leaders and better RPV, but
this is not one, it is a red herring planted by selfish individuals looking out only for their own interests.
I beg you to put your twisted politics aside and be logical, practical and non-inflammatory. Move forward
based on the facts, not on lies perpetrated by a few.
Mark Zoeckler
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 4:12 PM
To: Bradley Gardner; CC; PC
Subject: RE: PLEASE think about our kids
Dear Mr. Gardner,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1st "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Bradley Gardner [mailto:bgardner@gmsmolds.com]
Sent: Tuesday, September 06, 2016 3:58 PM
To: CC <CC@rpvca.gov>; PC <PC@rpvca.gov>
Subject: FW: PLEASE think about our kids
From: Bradley Gardner
Sent: Tuesday, September 06, 2016 5:04 AM
To: 'cprotem73@cox.net'; 'daleshire@awattorneys.com'; 'jduhovic@hotmail.com'; 'campbell.rpv@gmail.com'
Subject: PLEASE think about our kids
I am writing on behalf of my 5 year old and 8 year old to urge you all to do what you can to come to a decision on the
soccer fields in our city.
WIN
I am a PV resident and have always been open with my kids about everything in their lives and enjoy teaching them
about how the world works.
When my 8 year old asks me why no one is playing on the field next to her, naturally I want to tell her the truth. As I
learn more about why there are no kids playing on that field, I am ashamed of what I have to tell her and why.
Please take action to get the test results and get this issue settled. How can we teach our children to be open and
communicate with others to resolve conflicts when our own city leaders are demonstrating the opposite.
I understand there is a meeting today to discuss this issue. Can it be true that the discussion will focus primarily on the
complainant, who has admitted fabricating information to get attention? Meanwhile, the season starts in 4 days and
ALL 2500 kids on the hill that play soccer are limited by having less space to play. ALL 800 volunteers like myself, are
forced to take more of their time away from their families and professions to deal with this issue. Why? Please explain to
me why so I can teach my children how city government works.
Please address this issue immediately to help organizations like ours continue to impact the lives of the kids in the city
you run. Please don't tell me one person is more important than those 2500 kids. One of them will probably be sitting
where you are one day and I hope they can look back at this time and think about the actions you took to allow them to
play soccer. Right now you seem to be doing the opposite.
Bradley Gardner
(310) 403-9870 Cell
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 4:17 PM
To: Brent Daniel; CC
Subject: RE: Comments on staff report regarding communications by public officials.
Dear Mr. Daniel,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1St "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
From: Brent Daniel [mailto:bdaniel@grangerco.com]
Sent: Sunday, September 04, 2016 1:18 PM
To: CC <CC@rpvca.gov>
Subject: Fwd: Comments on staff report regarding communications by public officials.
City Council Members,
1 3
I find this all eye opening. Government's #1 duty is to protect it's
residents. You are failing miserably in this respect. The fact that you have not
contacted AYSO in any capacity to discuss the Ladera issue is telling. The
grandstanding that the dirt didn't come from one site and the DTSC found
asbestos in the soil is patently false. Yet, the council and your staff state this in
open session as fact. Have you read any information that AYSO has given
you? Your consistent insistence at calling AYSO liars is troublesome.
DTSC has not released any findings. And the fact that you haven't bothered to
call on them to do this is a failure in your duty to the public. Instead you cater to
a small group of people that are trying to rid kids of playing fields. AYSO has
remained classy and not acted on the onslaught of social media attacks and
disinformation in the hopes that our city leaders would see through the agenda of
the few. But it is apparent that the city will not work with the organizations that
make this city great. 2,500 kids and 800 volunteers are affected. And you waste
time arguing about a forwarded email to a sheriff. Embarrassing.
The dirt did come from one location. The DTSC has not released any
findings. One piece of asbestos was found on the top of a dirt pile 6 months after
import. It was one inch by one inch. Found in a very windy area and not
consistent with the home where the dirt came from. It was removed 10 months
ago. How did it get there? Where did it come from? Did it blow there? Was
it dumped there? Was it planted? Torrance permits clearly state that a 1403
asbestos abatement was done at the home where the dirt came from. If you
visited the site, you would see that every house on that block is built on an 8 foot
elevation. This house was brought to grade level and a basement and swimming
pool were added. And if you bothered to check the permits you would see that
the Torrance permits say that 1300 cubic yards of dirt was exported from that
site. Yet you state as fact in an open meeting that it couldn't come from one
site. Not only are you calling AYSO liars, but you are calling the city of
Torrance liars.
The man that you wish to honor, has admitted to making a complaint to the
state. It is sealed. Because of his profession he has this luxury. He won't admit
to what it says. No one but him knows what he said. But it must be a tall tale as
no expert that any one has ever spoken to has seen an investigation of this
size. He has admitted to lying about AYSO adding stadium lighting to garner
support. He has compared me to a person running a drug lab in the city on social
media. Yet you want to cater to him and honor him with a commendation.
I remain in shock that the city would not once contact AYSO in an effort to get
even one question answered. I remain shocked that the city would not once
contact the DTSC to see what is going on and demand the release of their
findings. This is your duty. Work with the volunteers that make this city the best
city on the planet. I have asked the 800 volunteers that work for our kids to
remain silent in hopes that you would do your duty and act reasonably. I am
beginning to believe that the politics, bickering and incompetence of staff now
make that impossible.
2
I request that you stop wasting the public's time catering to the few and work with
the people that make a difference to our youth. I request that you demand that
the DTSC release their findings at once.
Brent Daniel
AYSO Region 10
Regional Commissioner
ww.aysol0.org
From: William Patton <bilIPatton 21@icloud.com>
Date: Sunday, September 4, 2016 at 8:09 AM
To: Ken Dyda <Ken,Dyda@rpvca.gov>, Brian Campbell <BrianC@rpvca.gov>,
Jerry Duhovic <JerryD@rpvca.gov>, Susan Brooks <SusanB@rpvca.gov>, Anthony
Misetich <AnthonyM@rpvca.gov>
Cc: Mickey Rodich <mickeyrodich@gmail.com>, Ken DeLong
<ken.delong@verizon.net>, "bill@pattonsite.com" <bill@pattonsite.com>, David
Koch <davidkoch89@gmail.com>, Kit Ruona <ciruona@cox.net>, Sharon Yarber
<momofvago@gmail.com>, Bob Nelson <nelsongang@aol.com>, Brent Daniel
<bdaniel@grangerco.com>, "daleshire@awattorneys.com"
<daleshire@awattorneys.com>
Subject: Re: Comments on staff report regarding communications by public
officials.
City Council Membets,
It is very clear from Dave Aleshire's factually based review that Brian Campbell
did nothing inappropriate. No complaint was intended or filed!
Let's get on with the serious business of running the City and all should support
Brian against these unwarranted attacks.
All council members have met, discussed, and written notes, letters, and or sent
emails to outside persons or entities from time to time.
That is what we should expect from our elected representatives and I support all
council members who take time to be so involved!
Bill Patton
On Sep 3, 2016, at 5:14 PM, Ken DeLong <ken.delong@@verizon.net> wrote:
Public Information- Interesting reading.
Ken
Serit groin niv Verizon. Samsung Galaxy sniartphorie
-------- Original message -
From: Doug Willmore <DWillmore aLrpvea. ov>
Date: 9/3/16 9:25 AM (GMT -08:00)
To: Ken Dyda <Ken.Dyda aLrpvca.gov>, Brian Campbell
<BrianC anrpvca.gov>, Anthony Misetich
<AnthonyM(a,Lpvca.gov>, Jerry Duhovic <JerryDkrpvca.gov>,
Susan Brooks <SusanB a,rpvca.gov>
Cc: Gabriella Yap <gyqpgWvca.gov>, Dave Aleshire
<daleshiregawattorne, s�>
Subject: Fwd: Comments on staff report regarding
communications by public officials.
Sent from my Wad
Begin forwarded message:
From: edmundo hummel
<ecarloshumggmail. com>
Date: September 3, 2016 at 8:32:13 AM PDT
To: Dave Aleshire <daleshire@,awattorneys.com>
Ce: Diane Smith <radlsmithacox.net>, Sandra
Valeri <smhvaleri a,cox.net>, Doug Willmore
<DWillmore@rpvca.gov>, Gabriella Yap
<gyapgrpvca.�ov>, Elena Gerli
<e
gerli@awattorneys.com>, Herb Stark
<herbertstarkgcox.net>, Davidson Joan
<j 135coopergyahoo.com>, G Rand
<grapecon a,cox.net>, Hildebrand Barry
<bjhildenaol.com>, jessica vlaco
<jvlaco(a,yahoo.com>, Tom Smith
<thomas.smith2gg_mail.com>, Susan Wilcox
<swilcox a,pv_plc.org>, Kit Fox <kitf ,rpvca. og_v>,
Ed Dietz <eddietzrpvgmac.com>, Dez Mys
<dezmys� ,gmail.com>, Lani Luedde
<jandksmom4 cox.net>, Laura Channell
<libarracnverizon.net>, Jeffrey Lewis
<jeff(cr�,broedlowlewis.com>, Jon Jenkins
<jbjenkinsusggmail.com>, edwinjenkinskcox.net
Subject: Re: Comments on staff report
regarding communications by public officials.
Thank you Dave, Diane, Sandy and everyone else
who's dealing with this. I know you all have the
best of intentions, but I want this distraction (caused
by Mr. Campbell's actions) to end. Like a tumor,
it's growing and spreading and I don't have the time
to deal with it. In addition to the investigation, it's
also affecting my job in that I've taken time off to
attend CC meetings and meetings with City staff.
I'll be at Tuesday's CC meeting to ask the council to
develop a protocol (or tighten a current one) that
addresses members acting in an official capacity as
opposed to acting as a private resident. I think, as
David points out, such a policy/protocol would be
difficult to craft because of the numerous contacts
council members have, but I'll leave that to the
smart people (Dave) to worry about.
I'm going to try to make it as clear as possible to the
City Council that this side issue has taken on a life
of it's own and become ridiculous. I do NOT want
the Sheriffs Department involved any further in this
matter. I've apologized to Captatin Dan Beringer
for being forced to take the complaint, to the
commander who had to conduct the investigation
and I don't want to now apologize to my Chief
also. It's nonsense that my employ was involved
in this to begin with. The complaint against me was
determined to be unfounded. I'm satisfied with that
result.
Similarly, I don't want the City to contact my
employer with a commendation for something I've
done as citizen and resident, not as a peace
officer. Though well intentioned, it makes as much
sense as Brian Campbell's initial contact.
I hope to see you all Tuesday night.
Ed
On Fri, Sep 2, 2016 at 7:16 PM, Dave Aleshire
<daleshiregawattorne, s�> wrote:
Diane and Sandra --
1 am in. receipt of your emails with some critiques
of our memo. I appreciate factual corrections
which you have found and am happy to make the
corrections. I do not believe that any of these
factual points would change any of our
conclusions. In addition, I believe you have made
some interpretations which I do not 'feel are
correct, and I wanted to point these out. We are
likely to have a fairly agitated discussion of all. of
this on 'Tuesday night and to the extent possible,
I'd like to the extent within my power, keep the
discussion focused on the important issues. So I
thought it might be useful. to give you a leads up
concerning some of our thoughts on the various
points in your emails.
1 First, as to factual
inaccuracies. Ms Valeri is correct on
several of these points. if you say
there is no school near the fields then
we made a mistaken assumption. The
cubic feet vs cubic yards --there
certainly is a difference in quantity and
despite review by a number of
persons, not being engineers we didn't
pick up on this mistake. You also make
a good point about the lack of
proof. You object to our
C.
characterizing what the HOA was
doing as an "investigation". Maybe it
was a poor choice of words. We knew
that members of the HOA were
involved with asking questions and we
didn't mean to use the term
"investigation" in a formal way. I'm
sure your "informal group" description
is better than ours. While you make a
point of saying that the School District
did not authorize the storing of the
soil, I don't think it is much of a
distinction, they clearly are not
contending that the soil is illegally
there. So on some of these points we
appreciate your corrections, and on
others I understand your point and we
may have a little difference on how
we'd characterized something. But I
don't think any of the above affects
the conclusions we reached.
2 Second, as to "No Inside
Information" statement (#7). Your
point here is that there was no inside
information. At no point do we claim
in our memo that there was inside
information. We did not evaluate
this. You say the information was all
publicly available. You ask what
Councilmember Campbell's purpose
may have been in contacting the
Sheriff. I think this is all within the
scope of legitimate public debate, and
it is not for our report to deal with
this. The facts we are dealing with is
that Councilmember characterized his
comment to the Sheriff in a certain
way, he did not state that he was
making a complaint, and the Sheriff
used their internal policies to
determine that they should investigate
it. For our purpose it does not matter
whether it was or was not inside
information—the Sheriff decided it
warranted investigation, and
ultimately they found the "complaint"
unfounded, according to It
Hummel. Those are the facts as
presented by our report and I don't
see that you question them. However,
you go on to raise other questions, and
to speculate, if I may use that word,
and all of that is legitimate public
dialogue which we neither seek to cut
off, nor engage in.
3 Third, as to Trump Golf
Course (Smith). We certainly are not
saying that any soil came from
Trump. Elena was not on some
political mission. The City was
originally told by an evidently
unreliable source that soil came from
there. it has been pointed out to me
in this politically charged season, that
we should have been more sensitive
that there was no reason to make this
association with Trump. It is my
mistake for not being more alert to the
potential issue and not modifying the
sentence. We are willing to delete the
reference, and make the other
corrections discussed in #2
above. However I'm sure Trump
would not want this further discussed
publicly.
4 Fourth, City Attorney
disregards experts and defends
Campbell by saying he meant no
harm. Ms Smith may be engaging in
the same hyperbole she accuses us
of. We only state that Councilman
Campbell told us he never used the
word complaint and the Sheriff
confirmed this. This is all we
stated. We never state his motive, nor
do we state that he meant to or did
not mean to cause harm. As stated
above, the motive issue is subject to
debate. Our memo only tries to state
what the facts are and we leave it to
the public to have the debate on
purpose. I'm sure at the end of that
debate the Councilmember will have
his defenders and detractors—and
maybe they will be unchanged from
the beginning of the debate.
NIS Valeri. begins her email. with a discussion of the
real point of our merno, which was a discussion of
s
the City's protocols on the use of titles. It is
possible in the political discussion that the claims
over this particular incident will obscure the
questions over the City's current policy and
whether the policy is adequate. Is it ole for a
councilmember to use City letterhead as long as he
states that what is in the letter is not the position. of
the council as a whole'? Or should letterhead only
be used if the whole council has authorized
it? Can a councilmember ask questions of a
department head such as the Chief, or do they have
to have council authorization'? Do they have to
identify whether they are speaking in an official or
private capacity? I've done these policies in half a
dozen, different cities and they are inherently
tricky—because conversations are occurring every
day of the week. It would be good to get to the
point where everyone has a clear understanding of
the existing policy and then we get it revised to
reflect how the Council would like to operate so
misunderstandings don't occur in the future. But I
don't know if we will be able to have that
discussion on Tuesday.
Anyway, thanks for carefully looking at our report,
and for considering this long email. I hope in
some way this will help our discussion next week.
Dave
From: Diane Smith [mailto:radismith(-Ocox.net]
Sent: Thursday, September 01, 2016 10:13 PM
To: 'Sandra Valeri'
Subject: RE: Comments on staff report regarding
communications by public officials.
I'his is a very good response regarding the Staff
Report Sandra.
My personal concern here was that a City
Councilman went after a sheriff/resident who "saw
something and said something"
g" but no one listened
so he started looking, with other residents, and
exercised. his free speech and winds up with a
complaint in his HR file.
I speak out on behalf of Mr. Hummel and then
Brian Campbell. slains nic — in public — interrupted
my speech again and again.
I took to our City Council and City Attorney for
clarification and this is what I get?
Our City Attorney's office, through Elena Gerli,
acknowledges our Sheriff's Department internal
investigation of Councilinan Brian Campbell's
"inquiries" regarding Ed Hummel and
acknowledges the Department's finding
"the determination to treat Mayor Pro
Tern Campbell's comment as a complaint was an
internal decision by the LASD."
The.11,ASI) are EXPERTS. They -knew full well
that Campbell wasn't concerned about the health
or our children and residents playing in asbestos
and DDT and who knows what else - — for some
reason Brian Canapbetl didn't want residents
meddling and he picked a resident he could
hurt. Campbell wouldn't dare go after former
School Board Members Barry .1fil.ldebrand and
Joan Davidson who, like the rest of us, have been.
tearing our hair out trying to get documentation
from the School District on their solar scam as well
as soils scam,
What I feel is adding insult to injury is that our
own City Attorney discards experienced
professional sheriffs findings and they make their
own findings based on the flawed information you
pointed out, and say Brian Campbell. didn't mean
harm..
The attorneys go on to dig into definitions of
words in the council protocols and junk like
that. Brian Campbell knew exactly what he was
doing when. he was flexing his muscles writing
10
"RPV Mayor Pro Tem" after his name in the email
to the Sheriff Captain! It makes me sick.
Then, the clerk Elena Q. Gerli gets political (I can't
see any other :reason fox° this) and loads her memo
with unfounded insinuations that somehow Trump
National Golf Course might be involved in
dumping dirt there! I informed the manager of
Trump, I.J.li. Amini, and she was very annoyed at
this inclusion, saying "that is completely
untrue". Gerli knew that so why did she include it
if not to get a "dig" in at "frump.
They all snake Ine sick.
I'm going back to look at that Item S on the last
Agenda and take appropriate action.
Diane Smith
From: Sandra Valeri [mai Ito:smhvaleri a,cox.net]
Sent: Thursday, September 01, 2016 7:24 PM
To: Gabriella Yap <gyqp@Kpvca.gov>; Doug
Willmore <DWillmore cr,rpvca.gov>; CC
<cc(a�r vca.gov>
Cc: Edmundo Hummel
<ecarloshum9gmail.com>; Herb Stark
<herbertstark@cox.net>
Subject: Comments on staff report regarding
communications by public officials.
Dear Gabriella and Doug,
I have been reading the staff report
regarding clarification on when Council members
can use their titles, etc.
Regarding the main topic, I think it is
assumed that when someone uses their title, they
are speaking on behalf of that organization,
whether they say so explicitly or not. For example,
if the Chief of Staff for Eric Garrett published a
11
letter or press release with his title on it, you
would assume that he was speaking on behalf of
the Mayor's office and not just as a private citizen.
Personally I volunteer with several organizations,
and have held Board positions for many years. I
know that I should not use my position or title
except when I am speaking on behalf of that
organization. I can speak or contact anyone I
choose as a private citizen, but I do not use any
title related to my volunteer work. This is
rudimentary. If this extremely basic concept is not
clearly specified in the city protocol, then it should
be amended to make it abundantly clear that no
one should ever use their title except when
speaking on behalf of the city.
I also want to address several errors and
misstatements in the letter from Elena Q. Gerli:
1) Ms. Gerli incorrectly states that PVPUSD "has a
school and soccer fields in the Ladera Linda
community". This is false. PVPUSD has no school
at the site, in fact no buildings at all, only soccer
fields which are leased to AYSO.
2) Ms. Gerli states that AYSO "periodically levels
the fields with new soil", implying that the dirt was
brought in for that reason. Yet none of this dirt has
ever been used to level any fields at all, again
questioning the purpose for dumping it here and
then immeciately compacting it with a backhoe.
3) Ms. Gerli states that approximately 1100 cubic
feet of soil was deposited at the site. This is grossly
incorrect. AYSO has stated that
approximately) 100 cubic yards of dirt was
imported, this is a difference of a factor of 9! Also
this quantity has never been independently
verified. It is just what AYSO admits to bringing
in. Since they did not procure ANY of the legally
required permits, we have no absolute proof of
how much dirt really was imported to the site.
12
4) Ms, Gerli states that the Ladera Linda HOA
was conducting it's own investigation into the
issue. This is false. There was a single meeting that
our HOA president attended along with other
members of the community (including myself)
with representatives of RPV city, PVPUSD, and
AYSO. We talked about several issues regarding
use and maintenance of the fields, but the dirt
deposit was not discussed in that meeting. The
HOA did not conduct their own investigation. The
dirt pile problem has been addressed only by an
informal group of residents. As Mr Willmore
notes, residents have been contacting the city about
this issue since the dirt was first dumped in April
2015.
6) Ms. Gerli states that PVPUSD had authorized
AYSO to dump this dirt. But PVPUSD has
publicly stated that they did not authorize the
dump of 1100 cubic yards of dirt on the site.
7) Ms. Gerli includes a copy of an email that
contained what Mr Campbell "considered an
unusual amount of'inside information"'. But this
information came from a media release from the
DISC. It was publicly available on the DTSC
website. The background information section
should be amended to reflect this true source of the
information. There was no inside information.
Mr. Campbell's allegations were
completely unfounded. It was completely
irresponsible for Mr. Campbell to make
this ludicrous assertion. His inflammatory
mischaracterization of publicly available
information as being "inside information" is what
gave rise to his comments being investigated as a
complaint. Did Mr. Campbell ever make ANY
kind of effort to determine the source of the
information before leaping to his wild accusations?
Did he really think that questioning if a police
officer was inappropriately using their office or
was sharing "inside information " wouldn't lead to
13
a complaint being filed? Please tell us what was his
purpose in contacting Captain Beringer about this
fi not to raise a red flag with him? I hope that Mr.
Campbell will be more careful and check his facts
before he accuses another resident of something
like this.
I would like to know if anyone has
investigated if Mr. Campbell was acting at the
behest of AYSO or PVPUSD when he contacted
Captain Beringer with his false allegations
regarding Mr. Hummel's supposed insider
information? Never once has Mr. Campbell ever
taken any action on this matter when residents
reached out to the city with questions and
concerns. He never made any effort to contact
AYSO or PVPUSD to obtain answers for his
residents regarding the source of the dirt, if it had
been tested, if hauling permits existed, or why it
was imported. It is worth questioning why the one
and only action he has ever taken was to question
the involvement of a resident in the investigation.
Why was he so indifferent to the residents he is
suppose to be serving, but he was so eager to
accuse a resident of misusing their public office
and question their involvement once an
investigation was initiated. Why didn't Mr.
Campbell ever make any effort to get any answers
for the people he is suppose to serve?
Sincerely, Sandy Valeri
Attached is a copy of the DTSC media
release - source of the notorious "inside
information" - made publicly available to the world
on April 29, 2016:
In response to recent complaints
received by the Department of
Toxic Substances Control
(DTSC), investigators served
14
search warrants at multiple
locations in Rancho Palos
Verdes on Wednesday related to
an investigation of soil deposited
at the Ladera Linda Park soccer
fields by the Palos Verdes
American Youth Soccer
Organization (PVAYSO).
DTSC wants to determine if the
soil poses a threat to the
community and the children who
play on the soccer fields. DTSC
collected soil samples at the
soccer fields. The samples will
be analyzed for hazardous
waste. The soccer organization
leases the property from the
Palos Verdes Peninsula Unified
School District (PVPUSD).
DTSC has been working in close
partnership with members of the
US Environmental Protection
Agency, the South Coast Air
Quality Management District
(SCAQMD), the Los Angeles
County District Attorney's office,
and the Los Angeles County Fire
Department's Certified Unified
Program Agency (COPA) in this
investigation.
r
Hansen Pang, Chief Investigator
California Dept. of Toxic
Substances Control
15
Office of Criminal Investigations
16
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 4:18 PM
To: Julie Daniel; CC; daleshire@awattirneys.net; cprotem73@cox.net;
jduhovic@hotmail.com; campbellrpv@gmail.com; Susan Brooks; Anthony Misetich;
pc@rvpca.gov
Subject: RE: Ladera Linda
Dear Ms. Daniel,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 1st "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310) 544-5291
-----Original Message -----
From: Julie Daniel [mailto:juliereneel3@me.com]
Sent: Tuesday, September 06, 2016 9:12 AM
To: CC <CC@rpvca.gov>; daleshire@awattirneys.net; cprotem73@cox.net; jduhovic@hotmail.com;
campbellrpv@gmail.com; Susan Brooks <SusanB@rpvca.gov>; Anthony Misetich <AnthonyM@rpvca.gov>;
pc@rvpca.gov
Subject: Ladera Linda
Council Members,
I am writing to you today as a parent, an AYSO board member and division coordinator as well as the wife of the
Regional Commissioner, Brent Daniel.
A small group of neighbors that dislike children using the soccer fields have fabricated lies and continue to spew these
lies. One man, using his influence as a sheriff, has made a complaint that no one knows. He will not share what he said
or fabricated to make this such a large investigation.
I urge you to contact the DTSC and ask what their findings are. Ask them to release their reports. You have never asked.
Instead, you have decided to honor this person that has made my family and my husband look horrible. He has accused
my husband of outrageous things, including comparing him to running a meth lab at Ladera and saying that he should
be in prison. He hides behind his computer and his job as a Sherrriff's deputy.
I have 3 children that have been harmed in this. My 8 year old googled "I hate AYSO" the other night because she said
she "wanted to see what bad things people are saying about her daddy." Not only has he gone after my husband as the
RC, he has made accusations that Brent has benefited from this based on his work. He has put his company name and
website out there. My husband works in sales, is 100% commission and this person has decided to go after him
personally.
My husband decided 3 years ago to volunteer to run this youth program that serves over 2,500 kids on the Peninsula.
That is all. Never could we have imagined what volunteering in our community would lead to. Our family has suffered
due to the time he puts into the program and the time away from his regular job. We have lost income because of the
time he devotes. To have someone so evil now go on to say horrible things about him infuriates me. And you want to
commend this person! For what? For spreading lies because he hates kids and doesn't want them near his house? For
causing my children grief? For causing my husband to spend all of his time on this? For scaring families and causing them
to back out of the fall season because of scare tactics?
Please, if you care about this city you represent and the people that have voted you into this position, start taking
action. Ask the DTSC what, if anything they found. If the area was toxic don't you think they would have told us right
away? Every environmental test has come back fine, including air tests. Tell me again why this man needs to be praised?
If you decide to praise him and not stick up for a youth program run by volunteers that outnumber these crazy 6 or so
neighbors, you had better know that we will show our feelings on voting day.
It's time to take a stand and find out what the DTSC is doing and what is in that affidavit that has made this such a large
investigation.
Respectfully,
Julie Daniel
Sent from my iPhone
From: Gabriella Yap
Sent: Tuesday, September 06, 2016 4:25 PM
To: Ken DeLong; CC
Subject: RE: Concerning the Council Agenda for September 7, 2016 - #3 Council Protocols #14.
Dear Mr. DeLong,
Thank you for your e-mail. The City Council and City Staff share the community's desire to see a prompt resolution of
the matter regarding the Ladera Linda/Portuguese Bend fields. To this end, the City has been in regular contact with the
Department of Toxic Substances Control (DTSC) and the South Coast Air Quality Management District (AQMD) regarding
status of their respective investigations. We are as anxious to learn the results of these investigations as we believe
AYSO, its supporters and the residents of the neighborhood surrounding the fields are. We believe that it is in the best
interest of all concerned for this matter to be resolved in a timely manner, one way or another.
The City greatly appreciates and values the contribution that AYSO makes to the City, particularly to the children and
families who live here. The temporary closure of a portion of the Ladera Linda/Portuguese Bend fields has been an
unfortunate side-effect of the DTSC and AQMD investigations. At this point, the only official response that we have seen
from DTSC is its August 11t "Order to Fence and Post," which states that there has been an unpermitted release of
hazardous substances on the site; that the site poses a public health risk if human or animal contact is made; and that
there is a likelihood of such contact.
The Rancho Palos Verdes City Council is scheduled to receive an update on the status of the DTSC and AQMD
investigations at its upcoming City Council meeting on Tuesday, September 20th. You are welcome to attend this
meeting, which will begin at 7:00 PM in McTaggart Hall at the Hesse Park Community Building, located at 29301
Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
Sincerely,
Gabriella Yap
Deputy City Manager
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5203
(310)544-5291
From: Ken DeLong [mailto:ken.delong@verizon.net]
Sent: Friday, September 02, 2016 12:27 PM
To: CC <CC@rpvca.gov>
Subject: Concerning the Council Agenda for September 7, 2016 - #3 Council Protocols #14.
This matter as presented is an over reaching mixing of unrelated matters. Protocol 14 is like many RPV Municipal codes
poorly written and confusing. Why is this matter now so critical when there are many matters of consequence before
this Council?
That Mayor Pro Tem Campbell did not violate any of RPV's confusing Protocols is clear. Why is this question on this
agenda as it infers that there may be a problem when it is obvious there are no violations of RPV's confusing Protocols
by Mayor Pro Tem Campbell.
3.
In so far as Recommendation #S writing a memorandum to have a supposed complaint to the LASD expunged from LASD
Lieutenant Hummel's file is silly when it has already been determined that no complaint has been filed by Mayor Pro
Tem Campbell or any other RPV representative with the Sheriff's office concerning Lieutenant Hummel any anyone else
for that matter. It would seem that RPV should not be involved in internal LASD procedures without knowing all of the
facts.
Attached is a posting by Sandy Valeri / May 19 and others on the "Nextdoor" website. While not written personally by
Lieutenant Hummel our belief is that Ms. Valeri is a close associate of Mr. Hummel and he made similar derogatory
comments of Mayor Pro Tem Campbell at a recent Council meeting. As a side issue, Mr. Hummel seems to be the #1
activist opposing the possible "soiled dirt" at Ladera Linda and while Hummel may claim that it has been proven that the
"Dirt" at Ladera Linda is "toxic" that is not a proven matter. To be determined is whether or not Hummel's actions have
been a positive or a negative impact on our community.
So far, testing by independent "soil testers" has found no evidence of "toxic soil." The Ladera Linda soil issue remains
unresolved because of the delay by the DTSC in providing soil test results. I am sure the Council is aware of
Assemblyman Hadley's efforts to assist our community in getting a resolution from the DTSC.
Ken DeLong
From: Lisa Padilla <LPadilla@DDSFFIRM.COM>
Sent: Tuesday, September 06, 2016 12:53 PM
To: CC
Cc: jmartin@trumpnational.com'; Jennifer T. Taggart
Subject: City Council Meeting September 6, 2016 - Agenda Item #3
Attachments: L - Mayor Dyda, RPV City Council re City Council Meeting - Agenda Item #3
09.06.16.pdf
Importance: High
0
Please see attached correspondence. Should you have any questions, please contact Jennifer Taggart.
Lisa Padilla, Legal Assistant
DEMETRIOU, DEL GUERCIO, SPRINGER & FRANCIS, LLP
915 Wilshire Blvd, Suite 2000
Los Angeles, California 90017
Phone (213) 624-8407 Ext. 123
Direct Line (213) 270-9853
Fax (213) 624-0174
Email: Padilla@ddsffirm.com
http://www.ddsffirm.com/
The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s)
named above. This message may be an attorney-client communication and/or work product and as such is privileged and
confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this
document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you
have received this communication in error, please notify us immediately by e-mail, and delete the original message.
DEMETRIOU, DEL GUERCIO, SPRINGER & FRANCIS, LLP
ATTORNEYS AT LAW
915 WILSHIRE BLVD, SUITE 2000
LOS ANGELES, CALIFORNIA 90017
JEFFREY Z. B. SPRINGER
(21 3) 624-8407
STEPHEN A. DEL GUERCIO
F
FAX (? 1 3) 624-0174
MICHAEL A, FRANCIS
BRIAN D. LANGA
WWW.DDSFFIRM.COM
JENNIFER T. TAGGART
LESLIE M. DEL GUERCIO
TAMMY M. J. HONG
September 6, 2016
Via electronic mail (eckrnvca.gov)
The Honorable Mayor Ken Dyda
Mayor Pro Tem Brian Campbell
Councilwoman Susan M. Brooks
Councilman Jerry V. Duhovic
Councilman Anthony M. Misetich
City of Rancho Palos Verdes City Council
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CHRIS G. DEMETRIOU (1915- 1989)
RONALD J.DEL GUERCIO (RETIRED)
RICHARD A. DEL GUERCIO (RETRED)
SENDER'S EMAIL ADDRESS
JTAGGART@DDSFFIRM.COM
SENDER'S DIRECT LINE
(21 3) 624.8407 EXT. 150
Re: City Council Meeting September 6, 2016 — Agenda Item #3
Dear Mayor Dyda and Members of the City Council:
This letter is sent on behalf of the Palos Verdes American Youth Soccer Organization
("PV AYSO") in connection with Agenda Item #3 for the City of Rancho Palos Verdes City
Council meeting on September 6, 2016. The reference is to a memorandum (Exhibit B) which
concerns the Ladera Linda fields and repeats an allegation that the imported dirt came from the
Trump National Golf Club.
As PV AYSO explained in detail in its letter to the City Council on June 20, 2016, PV
AYSO is informed that all of the soil imported to the Ladera Linda fields dirt plot area on April 8
and 9, 2015 came from a residential property located on Sharynne Lane, Torrance. None of the
dirt came from the Trump National Golf Club. The reference to the soil coining from Trump
was a mistake and was corrected almost immediately, both privately and publicly. Since that
time, PV AYSO has provided documentary evidence that all of the imported soils came from a
residence on Sharynne Lane.
In view of the foregoing, PV AYSO apologizes to the Trump National Golf Club for
inadvertently and mistakenly involving it in this issue and requests that the City and all involved
acknowledge that a mistake was made and remove Trump National Golf Club from the
discussion.
Very truly yours,
Jennr}ler . Taggart
k
Rancho Palos Verdes City Council
September 6, 2016
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cc: Jill Martin (via email only to: jmartin a trumpnational. coin)