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 4 the limits set forth under Section 425 of the City Charter. See, Gov. Code § 82047. I would like to believe that Councilmember Reyna was unaware of the connections between the aforementioned entities and their relationship to Rachel Ogulnick and Ryan Ogulnick. The fact remains, however, that Councilmember Reyna was required to make reasonable inquiry and full disclosure, and to recuse himself from the March 4, 2013 vote concerning the 301 Project,LLC.5 That did not happen. Excessive Contributions to Councilmember Benavides In October 2012, the 301 Project, LLC made a $45,000.00 contribution to Stand Up for Santa Ana Coalition, a PAC for the benefit of Councilmember David Benavides bid for the position of Mayor of Santa Ana. Cowboy (Rachel Ogulnick's entity) made a contribution of $47,000.00 to Stand Up for Santa Ana Coalition. Even though these contributions were widely reported in the newspapers at the time, there was no disclosure of these contributions by Councilmember Benavides. A true and correct copy of Stand up for Santa Ana Coalition's Form 460 is attached hereto as Exhibit L.6 It is well established that "[t]he whole purpose of the [Political Reform Act] was `to preclude a government official from participating in decisions where it appears he may not be totally objective' (Witt v. Morrow (1977) 70 Cal.App.3d 817, 822-823.) `It is not just actual improprieties which the law seeks to forestall but also the appearance of possible improprieties.' (Id. at p. 823.)" Hamilton v. Town of Los Gatos, 213 Cal. App. 3d 1050, 1058 (Cal. App. 6th Dist. 1989) (emphasis added). In the instant situation involving three City Councilmembers, there is a clear and unambiguous appearance of impropriety. The councilmembers should have certainly disclosed the conflicts of interest at a minimum, and should have also abstained from voting on the March 4, 2013 Environmental Services Documents Application relating to the 301 Project,LLC. This process failure calls into question all of the work done in connection with the entitlements for the 301 Project, LLC, and while it would clearly be prudent for those councilmembers with previously undisclosed conflicts of interest to abstain from voting on the 301 Project, LLC at its second reading, I suspect that there will be a variety of excuses offered. Nevertheless, as you may know, when it is later determined that a violation of the Act has occurred, the entire action may be set aside as void. Cal. Gov. Code § 91003. Regardless of whether or not this would be considered a violation of Section 425, the actions of Councilmember Benavides in moving the project forward has the appearance of 5 It is well known in Santa Ana that Vineyards Development Inc., and/or Vineyards Development are companies affiliated with Ryan Ogulnick,and on the Site Plan Application for the 301 Project,LLC,"Vineyards Development" is clearly identified as the"Applicant," a true and correct copy of which is attached hereto as Exhibit J. See also, Planning Division Fees sheet, which identifies the "Project Address" as "301 Jeanette Lane" and "Applicant" as "Ryan Ogulnick—Vineyards Development,"a true and correct copy of which is attached hereto as Exhibit K. 6 See pages 4-5 for contributions.