Citizen’s group sues City of Santa Ana over One Broadway Plaza changes

SANTA ANA, CA — On Wednesday, October 13, 2010, the Coalition for Accountable Government Ethics (CAGE) filed suit against the City of Santa Ana, charging that the City acted in violation of law by amending the voter-approved initiative/ordinance without submitting the question to a vote of the public. Simply put, CAGE is claiming that the City Council did not have the authority to amend the One Broadway Plaza Development Agreement, because the agreement was part of the voter approved initiative, Measure A.

CAGE is a coalition of Santa Ana residents, community groups, and local businesses. Prior to the filing of the Petition for Writ of Mandate in Orange County Superior Court, CAGE, through its attorneys, WILDISH & NIALIS of Orange, CA, forwarded two (2) demand letters to the City, and the City Attorney, charging that the City’s vote was in violation of California Elections Code which provides where an Ordinance is submitted to a vote of the public, it may only be amended by a like vote. The City did not respond to the letters.

Simply put, CAGE is claiming that the City COuncil did not have the authority to amend the Development Agreement for the One Broadway Plaza office tower, because the agreement was part of a voter approved initiative, Measure A, which could only be changed by a vote of the people.

Copies of the Petition for Write of Mandate and letters to the City are available by request to Denni Coslett, Legal Assistant, WILDISH & NIALIS, telephone number: (714) 634-8001, facsimile number: (714) 634-3869.

Here is the lawsuit that was filed.

  2 comments for “Citizen’s group sues City of Santa Ana over One Broadway Plaza changes

  1. cook
    October 15, 2010 at 10:46 am

    The city attorney said that the development agreement was not part of the Measure A and therefore the council could make any chances they wanted .

    Is the city attorney wrong or what?

  2. junior
    October 15, 2010 at 12:45 pm

    cook – The development agreement WAS part of Measure A!

    From the text of Measure A:

    “A general plan amendment resolution and an ordinance approving a development agreement previously adopted by the Santa Ana City Council would become effective if Ordinance No. NS-2649 is approved.”

    Santa Ana voters approved Measure A while relying on the development agreement (DA). If the City changes the DA – Measure A is legally null and void.

    Read it yourself – here is the link to Measire A: http://www.smartvoter.org/2005/04/05/ca/or/meas/A/

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