LEVINE, B. -PUBLIC SPEAKER CORRESPONDENCE

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Re: Excessive Political Contributions, Theft of City Files, Corporate Suspension and Derogatory Statements by Applicant and Ryan Ogulnick November 12, 2013 Page 2 I am therefore writing to you concerning the propriety of certain members of City Council voting on matters that come before them which have a material financial effect. I understand that Section 425 of the City of Santa Ana's Charter requires recusal by a Councilmember from participating in a decision that has a material financial effect on a "recent major campaign contributor." Section 425 of the Santa Ana Code of Ordinances defines "recent major campaign contributor" to be any person who has made campaign contributions of$250.00 or more to a councilmember or to any campaign committee controlled by the councilmember in the twelve month period immediately preceding the matter before the City Council. Id. As you know, the Act defines a person as "an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert." Gov. Code § 82047 (emphasis added). Excessive Contributions to Councilmember Martinez In April 2012, the Santa Ana City Council approved entitlements for the Met at South Coast. In April 2012, Mr. Ogulnick provided for Councilmember Michelle Martinez's benefit a $10,000.00 gift in the form of a gift certificate for the costs of Ms. Martinez's party at Geisha House. True and correct copies of (i) the check for the $10,000.00 gift certificate and (ii) Vineyards Development, Incorporated's spreadsheet attributing the gift to Ms. Martinez are attached hereto as Exhibits A and B, respectively. And on May 3, 2012, Mr. Ogulnick, through Vineyards Development, Inc., made a $10,000.00 contribution to Martinez for Assembly 2012, Protecting Families for Michele, a political action committee ("PAC") controlled by Councilmember Martinez. True and correct copies of(i) the Campaign Finance Report for Martinez for Assembly 2012, Protecting Families for Michele from the California Secretary of State's website and (ii) check for $10,000.00 from Vineyards Development Inc. payable to Councilmember Martinez's PAC are attached hereto as Exhibits C and D, respectively. This was also widely reported in local newspapers. This PAC contribution itself was in violation of Section 2-107, as it was made within 3-months after the Councilmember Martinez and the Santa Ana City Council voted at to approve the second reading for entitlements for the Met at South Coast, and when aggregated together with undisclosed $10,000.00 Geisha House Gift Certificate, is a pointed example of an egregious violation of both the spirit and letter of the Act. Not only is it evident that Councilmember Martinez's vote in favor of the Met at South Coast was reasonably foreseeable to have a material financial effect on Councilmember Martinez that was substantially distinguishable from the effect on the general public, but it is now beyond dispute and a certainty. Councilmember Martinez was certainly required to report the $10,000.00 Geisha House Gift Certificate provided to her by Mr. Ogulnick/Vineyards Development, Inc. pursuant to the See page 2, line 79 for Geisha House entry"Michele Martinez—GEISHA."