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Re: Excessive Political Contributions, Theft of City Files,
<br /> Corporate Suspension and Derogatory Statements by Applicant and Ryan Ogulnick
<br /> November 12, 2013
<br /> Page 3
<br /> Act, since all potential conflicts of interest must be disclosed without regard to the effect on the
<br /> public generally. Here, an actual documented conflict exists. Whether the conflict is sufficiently
<br /> material to require disqualification must then be considered to determine if the elected official
<br /> may participate in and/or vote on a particular decision that involves the potential conflict.
<br /> Metropolitan Water Dist. v. Fair Political Practices Corn., 73 Cal. App. 3d 650. See also, Cal.
<br /> Gov. Code § 87200 (defining the Act to be applicable to inter alia members of city councils).
<br /> But the issue of materiality of the conflict obviously has not been considered because the actual
<br /> or potential conflict remains undisclosed, since, on information and belief, Councilmember
<br /> Martinez did not report the $10,000.00 Geisha House Gift Certificate as income, as such term is
<br /> defined under the Act. See, Cal. Gov. Code § 87207.
<br /> Excessive Contributions to Councilmember Reyna
<br /> In October 2012, Vineyards Development, Inc., The 301 Project, LLC, and Cowboy each
<br /> made separate contributions of$249.00 to Roman Reyna for City Council 2012 committee. A
<br /> true and correct copy of Roman Reyna for City Council 2012 Form 460 is attached hereto as
<br /> Exhibit E. As you may know, Mr. Ogulnick is a principal and shareholder of Vineyards
<br /> Development Inc. Mr. Ogulnick is also a manager of the 301 Project, LLC, in addition to
<br /> holding a member interest in 301 Project, LLC through RDR Santa Ana, LLC. See Deposition
<br /> of Robert H. Bisno Volume IV ("Bisno Dep.") at 578:22-579:5, a true and correct copy of which
<br /> is attached hereto as Exhibit F.2 Rachel Flanagan Ogulnick is the principal of Cowboy, and
<br /> registered Cowboy and Cowboy Studios as her d/b/a with the California Secretary of State.3
<br /> Moreover, Rachel Flanagan Ogulnick is Mr. Ogulnick's wife and a corporate officer of
<br /> Vineyards Development, Inc.4 and is also involved in the 301 Project, LLC through RDR Santa
<br /> Ana,LLC.
<br /> As you know, because of the common ownership interests in the 301 Project, LLC,
<br /> Councilmember Reyna should have disclosed the conflict of interest and should have been
<br /> precluded on voting on the March 4, 2013 Environmental Services Documents for the 301
<br /> Project, LLC. See, City Council Minutes, March 4, 2013. While these contributions were a
<br /> matter of public record, neither Mr. Ogulnick, nor Ms. Ogulnick disclosed the linkage
<br /> between Vineyards Development, Inc., 301 Project, LLC, and Cowboy. Because these
<br /> entities are persons acting in concert, their contributions must be aggregated and exceed
<br /> 2 The other members of RDR Santa Ana,LLC are Rachel Flanagan Ogulnick and David White(hence the initials
<br /> "RDR"). See Exhibit F at 585:7-10;see also,Deposition of Ryan Ogulnick at 273:19-274:7;Secretary of State
<br /> Business Entity Detail for RDR Santa Ana,LLC listing Rachel Ogulnick as registered agent,as Exhibits G and H,
<br /> respectively.
<br /> See D/B/A filing number 041781222,which identifies Cowboy maintaining an address at 1162 N.PoinsettaPlace,
<br /> the very same address provided by Cowboy with its contribution of$249.00 to Roman Reyna for City Council 2012.
<br /> 4 Rachel Flanagan Ogulnick is identified as the Chief Financial Officer and Secretary on the Statement of
<br /> Information for Vineyards Development,Inc.filed with the Secretary of State,a true and correct copy of which is
<br /> attached hereto as Exhibit 1.
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