Palos Verdes Open Space | Parkland For Sale

Here is an update since our last email on August 2, 2017.  For the links for more information on Palos Verdes Open Space and Palos Verdes Estates Parkland

Hearing in ROBE Lawsuit Over Lowering Quorum set for October 10th
As you may recall, Residents for Open Board Elections (ROBE) filed a lawsuit in May asking a Judge to lower the quorum required for a PVHA election palos verdes parkland below the current threshold of 50%.  A quorum has not been achieved since 2009, and has only been reached in three of the last sixteen years.  Even last year’s hotly contested election (with mailings, yard signs, press coverage, multiple debates, NextDoor coverage, etc.) only yielded 29% voter turnout.

It is ROBE’s conclusion that in order to have a democratic election, the only choice is a court-ordered permanent reduction in the quorum. The PVHA Board of Directors is vigorously opposing this change, and seems quite content in self-perpetuating their roles without input from its membership: PVHA did not even open and count the ballots they received in the last election. On August 31st, representatives from ROBE and the PVHA met to try and reach a settlement, but no settlement was reached. The next step is a hearing in front of the Judge, which will take place at 9:00 am on October 10th in downtown Los Angeles.

For the brief filed by ROBE in this case, click here. For PVHA’s response, click here.

Panorama Parklands Update – Lugliani Violates Court Prohibition on New Plantings/Construction – Last Round of Briefs due September 18th
For the second time since the appeal began in November 2015, Lugliani ignored instructions from Judge Meiers that no new plantings or construction be allowed on the parkland involved in the Panorama case while the case is under appeal. Recently Lugliani planted three Norfolk Island Pines. Per Wikipedia, “The trees grow to a height of 50–65 m, with straight vertical trunks and symmetrical branches, even in the face of incessant onshore winds that can contort most other species.” In 2016, Lugliani had built a wooden trellis one story high on the parkland.  In both instances, Citizens for Enforcement of Parkland Covenants (CEPC) was vigilant and demanded that they be removed. In both instances, Lugliani complied. This ongoing disregard for the law and authority should be alarming to the public and to our Government – but the City of PVE and the PVHA remain passive and reactive rather than being proactive in stopping his encroachments. Lugliani has demonstrated repeatedly that he seems to feel that deeds, the 1923 Protective Restrictions and court orders all don’t apply to him. For 40 years he has shown that he thinks he is above the law, and our City and Homes Association have tolerated his illegal actions.

As far as the appeal in the Panorama parklands case is concerned, we are approaching the second anniversary of the initiation of the appeal by the PVHA, the City of PVE and the Luglianis. We still have not been granted an appearance before the three Judges who will hear the appeal. PVHA has filed multiple extensions to prolong the process. But the end is in sight since CEPC will file its last brief on September 18th.  All the briefs by all parties can be found at www.pveopenspace.com. The court will designate which three appellate justices will hear the appeal and select a date for the first hearing; that date will likely be sometime later this year, with a decision within 90 days of the hearing.  Once we know the court date, we will notify you in case you’d like to attend and listen to the arguments.

Palos Verdes Estates Parkland and Land Use Update

If you’d like to contribute to CEPC’s fund to cover court filing fees, please send a check made out to “Jeffrey Lewis, Attorney-at-Law Client Trust Account” to John Harbison at 916 Via Panorama, Palos Verdes Estates, CA 90274.  Read more about Jeffrey Lewis and his Parkland and Land Use Update, go here

ROBE Candidates for PVHA Election Set and Campaign Begun – Petitions to Nominate Candidates
ROBE has selected four candidates to run in the PVHA Director election to be held January 9, 2018. The candidates are Marlene Breene, Mary Elwell, Mike Moody and Ried Schott. Their bios can be found here. The first step is to comply with the PVHA’s somewhat onerous process of collecting at least 100 signatures for each candidate in front of a “witness” and then having that witness attest in front of a notary that all signatures were collected in front of that witness. To make it easier for our supporters, ROBE has set up the following dates/times/locations where you can go to sign the nominating petitions:

  • Thursday September 21 from 9am to 9pm at Marlene Breene’s office (2325 Palos Verdes Drive West, PVE)
  • Friday September 22 from 8am to 11am at John Harbison’s house (916 Via Panorama, PVE)
  • Friday September 22 from 1pm to 6pm at John Harbison’s house (916 Via Panorama, PVE)
  • Saturday September 30 from 1pm to 4pm at Ried Schott’s house (1632 Via Lazo, PVE)
  • Sunday October 1 from 1pm to 4pm at Ried Schott’s house (1632 Via Lazo, PVE)
  • Tuesday October 3 from 9am to 9pm at Marlene Breene’s office (2325 Palos Verdes Drive West, PVE)

If you’d like to contribute to the campaign or participate in handing out flyers to your neighbors, please contact John Harbison at (310) 739-1838.
Citizens Financial Advisory Committee to be Considered at September 26 PVE City Council Meeting
On September 26 at 7:30 pm the PVE City Council will be considering a proposal by Palos Verdes Residents for Responsible Government (PVrrg) to form a Citizens Financial Advisory Committee of resident volunteers with financial backgrounds to assist the City in bringing stability and sustainability to PVE’s financial situation.  For more on this initiative, click here.

Beautify Lunada Bay Project
The Lunada Bay Homeowners Association has scheduled a fundraiser on Sunday September 24 from 3-6 pm at the home of Derek and Connie Smith (2508 Paseo del Mar, PVE). For more information, click here.
All the best,
John
John Harbison
john_harbison@techspin.com
(310) 739-1838