The Save Our Library WP PAC has filed two motions with Orange County Circuit Court requesting a rehearing of the library bond validation suit and asking Judge Margaret Schreiber to amend her Final Judgment, issued December 7, 2016.
PAC Wants to Present New Evidence
The request for rehearing is to present evidence, not presented at the hearing on October 20, 2016, that contradicts the City’s position that the new library-event center complex can only be built in Martin Luther King, Jr., (MLK) Park.
Memory Jog for City Manager
The evidence in question is video of City Manager Randy Knight speaking April 21, 2016 at a public meeting about the library. In the video, Knight states that the library could be built in a location other than MLK Park. At the October court hearing, Knight testified that he could not recall whether or not he had made that statement at the April meeting.
PAC Asks Judge to Strike 3 Paragraphs
The motion to amend the Final Judgment asks the Judge to eliminate paragraphs #26, #34 and #35 of the Final Judgement. Click Here to read Final Judgment.
Paragraph #26 refers to the PAC’s petition as a “reconsideration of the Bond Ordinance,” and states that the petition is now barred because it failed to meet a 30-day deadline for filing.
‘Reasonable Voter’ Paragraph Questioned
Paragraph #34 holds that a reasonable voter, upon reading the bond ordinance, would have understood that the new complex was to be built on the site of the existing Civic Center, and Paragraph #35 states that the MLK site was a matter of public record because of the motion passed at the October 26, 2016 commission meeting.
No Decision Reached in Separate Case
The PAC’s requests are based on a separate action filed in the Ninth Circuit Appellate Division in which they claim their petition is a Citizens’ Initiative and does not seek reconsideration of the bond ordinance. They hold that, because the intended location of the new complex did not appear anywhere on the ballot, the voters did not knowingly vote to locate the complex in MLK Park. They voted only to approve the library bonds.
No One Contested the Bond Validation
“In the bond validation case,” said PAC President Michael Poole, “the judge was asked only to validate the bonds. No one contested that. I do not know how [Judge Schreiber] could also decide on the library location when the location language appeared nowhere on the March 15 ballot. And the decision as to whether our petition constituted a reconsideration of the bond ordinance or not has nothing to do with validating the bonds.”
PAC: Court Lacks Jurisdiction
The PAC’s Motion to Alter or Amend Final Judgment states that paragraphs #26, #34 and #35 refer to, “. . .a collateral issue to the bond validation proceedings and [we] respectfully believe the Court does not have jurisdiction over this issue. The Court is aware that a Writ of Certiorari has been filed with the Ninth Judicial Circuit . . . . This case is pending and specifically addresses [these issues].”
The pending case is before a three-judge panel in the Ninth Circuit Appellate Division. Poole says they do not know when the panel will issue their ruling.