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<br />Orozco, Norma <br />From:evan@grant-law.net <br />Sent:Tuesday, November 17, 2020 5:02 PM <br />To:eComment <br />Cc:kara@grant-law.net <br />Subject:Item No. 55A 11.17.2020 - City of Santa Ana City Council <br />Dear members of the counsel who are not disqualified from participating in item No. 55A: <br /> <br />1. Please note that Petitioners in the lawsuit entitled SANE vs. City of Santa Ana, et al. have submitted a written <br />offer of settlement to the City and real parties and interest. However, if this matter is approved (the recission <br />in its current form), the offer is automatically withdrawn. <br />2. On behalf of our clients, who are petitioners in the lawsuit titled SANE vs. City of Santa Ana, et seq., we <br />reiterate and incorporate the prior comments submitted and made orally at the prior council meetings on this <br />matter, including but not limited to the Council hearing on October 6, 2020, October 20, 2020 and November <br />17, 2020. <br />3. Mayor Pulido is not permitted to participate in the consideration, discussion or vote on this item for the <br />reasons explained in our prior comments, including that he was disqualified due to conflicts of interest (in <br />light of his relationship with the developer’s consultant Jill Wallace, among other things), from participating in <br />the original decision on Petitioners’ appeal on October 15, 2020. <br />4. Councilmember Sarmiento is also disqualified from participating, considering or voting on this matter due to <br />at least the lack of the appearance of impartiality due to his relationship and communications with the <br />developer, who asked him to do him a favor, and his prior efforts to assist the developer in connection with <br />this project and approvals. <br /> <br /> <br /> <br /> <br />RESOLUTIONS - Consent <br /> <br />RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 2019-099, UPHOLDING PLANNING COMMISSION’S <br />ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY’S CALIFORNIA <br />ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING NULL AND VOID PLANNING COMMISSION <br />RESOLUTION NOS. 2019-35, 2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301 AND 325 N. <br />TUSTIN AVENUE - City Attorney’s Office Continued from the September 15, October 6 and October 20, 2020 City <br />Council Meetings. <br />55A. <br /> RECOMMENDED ACTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA RESCINDING CITY COUNCIL RESOLUTION NO. 2019-099, UPHOLDING PLANNING <br />COMMISSION'S ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36, 2019-37; RESCINDING THE CITY'S CALIFORNIA <br />ENVIRONMENTAL QUALITY ACT-RELATED FINDINGS; AND DECLARING NULL AND VOID PLANNING COMMISSION'S <br />RESOLUTION NOS. 2019-35, 2019-36, AND 2019-37 PERTAINING TO THE PROPERTY LOCATED AT 301 AND 325 N. <br />TUSTIN AVENUE <br /> <br />STAFF REPORT <br /> <br /> <br />1 <br /> <br />