|Here is an update since our last email on April 14, 2018.
Quorum Court Hearing Has Judge Proposing a Settlement
On May 1, another hearing took place on ROBE’s petition to lower the quorum requirement of the PVHA election. It was reported that both sides had made offers of settlement, but no settlement had been reached. In the dialogue, the PVHA lawyer made this statement: “This is not a democracy. This is a Homeowners Association. This is based on stability. Nothing is broken.”We find this shocking and indicative of the reason why we need new leadership. The current leadership seems to be proudly out of touch with their constituents and predisposed against respecting the results from the most recent election where the five incumbents all had fewer votes than any of the ROBE challengers. Judge Kwan encouraged the parties to settle and ROBE made an offerto the PVHA.
Comprehensive Settlement Proposal on CEPC Panorama Parklands Matter Rejected by the City of PVE
On April 24, 2019 the City of PVE sent a letter rejecting the Comprehensive Settlement Proposal. For the letter from City Attorney Christi Hogin, click here. For John Harbison’s response on 4/27/18 (which pointed out and clarified various points that were inaccurate in the City’s rejection letter) click here. Since then, there was a meeting of all the parties on May 1st but no resolution. For more information on the proposal and benefits, see “4/9/18 Comprehensive Settlement Proposal” entry in the timeline here.
In the meantime, the CEPC case is proceeding to the final stages:
- Defendants have requested that a new Superior Court Judge be assigned — therefore Judge Meiers will not preside over the balance of the proceedings.
- PVHA: Judgment will be revised as per instructions from the Appellate Court to narrow the scope of the 2015 Judgement only to the Panorama Parkland. No further appeals are possible since the Supreme Court denied hearing the case. We believe that should occur in the next two months.
- City of PVE: The opinion by the Court of Appeal includes many statements that are now “law of the case” and binding on the City. For example, the Court held: “While the City may have had the right to transfer Parcel A to the Association, it may not have had the right to do so if it knew that the Association was going to transfer Parcel A to the Luglianis. And it is disputed whether the City used and/or will continue to use public monies to fund alleged illegal efforts, namely those that violate the deed restrictions.” The Appellate Court ruled that CEPC and the City need to proceed to a trial in order to establish “proof” that the City of PVE had full knowledge at the time of the MOU and deed transfer to the PVHA that the PVHA intended to immediately sell the transferred parkland property to a private resident, which has been established as illegal. Since the City of PVE in fact “spearheaded” the MOU (as per Mayor Bird’s quote in the May 8, 2012 City Council meeting – for the transcript, click here and for the audio, click here), the trial should be a straightforward process since all parties signed the MOU which clearly stated that intent. Additionally, email documentation obtained through the discovery process shows the City Attorney’s role as leading the MOU drafting process; the MOU and discovery documentation combined with anticipated depositions will be irrefutable. The City can end the waste of public resources by admitting their obvious complicity rather than moving forward with a trial. Their premature celebratory announcement and statement by the Mayor after the Appellate Ruling was misleading and will be short-lived (click here).
Survey Opened on PVE Resident Views on Measure E
After a hotly contested election, Measure E (parcel tax measure to raise $5 million per year to fund the PVE Police Department) was passed by 130 votes. To help understanding residents’ perceptions and rationale for their decision, PVrrg (Palos Verdes Residents for Responsible Government) launched a survey on May 7th that can be found here. The survey can be completed in less than 4 minutes, and all voters from both sides of the issue are encouraged to participate. In less than one day, 104 people have completed the survey. It will be open until May 18th, and results will be published on the PVrrg website (click here).
PVHA Board Continues to Refuse to Disclose Vote Count
It’s been 60 days since the PVHA counted the 2018 ballots, but Board members continue to refuse to disclose the count. At the March 15, 2018 Superior Court Hearing it was revealed that the five PVHA incumbents all had the fewest votes, yet PVHA refuses to reveal the counts and specific rankings.
If you’d like to contribute to ROBE’s effort to bring about a leadership change at PVHA, please contact John Harbison at (310) 739-1838 or firstname.lastname@example.org.
Thank you for your interest and support.
For more information, see www.pvegoodgov.org and www.pveopenspace.com.