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RESOLUTION NO. 79- 98 PAGE TWO Section 2. Pursuant to the provisions of Ordinance NS 1325, as amended, the City Council of Santa Ana makes the following findings of fact concerning the motion picture films which have been and are being exhibited at the "Mitchell Brothers' Santa Ana Theater" and the course of business at said theater: A. Upon the instructions of the Santa Ana City Attorney, a continuous surveillance of the films which were exhibited at the "Mitchell Brothers Santa Ana Theater" was maintained. 1. During the period from November 28, 1975 through April 12, 1977, approximately 25 programs were surveilled at the Mitchell Brothers Santa Ana Theater, with each program containing one or more motion picture films. Such motion picture films were made the subject of a Complaint in Equity for an Injunction, and to Abate a Public Nuisance, filed in the Orange County Superior Court pursuant to Santa Ana Council Resolution No. 76-134, passed and adopted on October 26, 1976. Said law suit resulted in Findings of Fact and Conclu- sions of Law and a Judgment filed June 6, 1978, that 11 films viewed by the court during such law suit were obscene beyond a reasonable doubt as that term is defined in Penal Code Section 311(a) and that the defendants were engaged in the commercial exhibition of obscene motion picture films. 2. During the period from July 16, 1978 through November 2, 1978, 26 additional motion pictures were sur- veilled at the "Mitchell Brothers Santa Ana Theater." Said motion pictures were made the subject of a Complaint in Equity for an Injunction and to Abate a Public Nuisance, filed in the Orange County Superior Court, pursuant to Santa Ana City Council Resolution No. 78-131, passed and adopted on October 2, 1978. On October 23, 24, 25, and 26, 1978, court trial was continued on a Motion for a Preliminary Injunction, and on November 2, 1978, Orange County Superior Court Judge, Richard D. Hamilton found the 26 films to be obscene as defined in Penal Code Section 311, and entered a Preliminary Inunction against the exhibition. 3. On October 12, 1976, a copyright infringement law suit was filed in federal court against four members of the Santa Ana City Council and the City's special counsel, arising out of surveillances at the Mitchell Brothers Santa Ana Theater, conducted by the City's agents pursuant to Council Resolution No. 76-134. The copyright law suit was tried in December, 1978, and on December 14, 1978, the federal jury returned its verdicts in favor of the city, holding that there was no copyright infringement and that the films "Behind the Green Door," "Resurrection of Eve," "Inside Marilyn Chambers," "The Autobiography of a Flea," and "Sodom and Gomorrah-The Last Seven Day," were obscene under federal standard. B. Upon instructions to the Santa Ana City Attorney, surveillance of the films being exhibited at the "Mitchell Brothers' Santa Ana Theater" has been continued, and photographic time-motion studies and continuities of additional films exhibited at the "Mitchell Brothers' Santa Ana Theater" have been prepared for submission to the City Council. C. Photographic time-motion studies and con- tinuities of the motion picture films which were exhibited at the "Mitchell Brothers' Santa Ana Theater" on the following