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<br />Similarly, the City Council should not attempt to make any findings about the force and effect of any prior approvals, or <br />whether those approvals were affected by the adoption of the 2019 approvals or anything else. The 2018 approvals are not <br />before you today. As you all should have learned in your first year civics’ class, the role of the City Council is to pass laws and <br />it is the rule of the Courts to interpret those laws. Judge Wilson has already described the City's position that the 2018 <br />entitlements and environmental mitigation measures were not "somehow set aside" or abandoned. In describing the City's <br />attempted explanation, Judge Wilson bluntly stated : "that's what I would call a linguistic explanation for something that <br />otherwise on its face on the documents themselves is completely contradictory" and the explanation could not be reconciled <br />"with the documents themselves where that provision is deliberately struck through" as part of the 2019 approvals. (SANE v. <br />City of Santa Ana, Case No. 30-2019-01104316, Transcript of Proceedings, June 18, 2020, pp. 8:19-9:26.) Judge Wilson was <br />incredulous that no reasonable person would look at the resolution and think they are required to comply with the mitigation <br />measures from the MND and MMRP. And it is by virtue of the poison pill provision included in each of the 2018 approvals <br />that striking mitigation as a condition caused each of the other approvals to become invalid. <br /> <br />The City Council should not approve the current resolution without removing these unnecessary and meritless <br />statements. Including these statements in this resolution will ensure that the lawsuit is not moot and that the City and Russell <br />Fischer will face additional litigation--now 100% at the taxpayers’ expense when it was all at Russell Fischer's expense--that it <br />will lose for adopting these spurious so-called findings. The only reason the Council would include these findings is to try to do <br />a favor for Pulido, Wallace and Russell Fischer. Enough favors, it’s time for the City Council to act in the best interest of the <br />City and its constituents. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />2 <br /> <br />