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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 5
<br /> impropriety, which is the very perception the provisions of the Act were designed to prevent.
<br /> See, Hamilton v. Town of Los Gatos, supra. Therefore, Counci member Benavides' actions
<br /> which create a clear and undisclosed appearance of impropriety directly controvert the intent of
<br /> the Act and must be addressed.
<br /> Theft of Speaker Card from Planning Commission Meeting
<br /> As I advised you October 24, 2013, Mr. Ogulnick stole the Speaker Card I submitted in
<br /> connection with my appearance before the Santa Ana Planning Commission. A true and correct
<br /> copy of my October 24, 2013 letter is attached hereto as Exhibit M. On November 4, 2013, you
<br /> advised me in response thereto that as the City Attorney, you would not tolerate actions aimed at
<br /> silencing a speaker at a public meeting, nor would you stand by idly if you suspected or were
<br /> presented with evidence that a member of the public stole or otherwise unlawfully obtained
<br /> possession of a public document from the City's files. A true and correct copy of your
<br /> November 4, 2013 email is attached hereto as Exhibit N. Later that same day, I responded and
<br /> advised by email that I would provide you with emails from Mr. Ogulnick, including the email
<br /> where Mr. Ogulnick attached and proved he was in possession of the stolen Speaker Card, and
<br /> where Mr. Ogulnick further describes that it was this very missing Speaker Card that he had
<br /> attached to his October 15, 2013 email, as well as an email where Mr. Ogulnick describes you as
<br /> a"gossipy women" and members of planning staff as "retarts [sic], true and correct copies of my
<br /> November 4, 2013 email and the communications I provided to you in person are attached hereto
<br /> as Exhibits 0, P, Q, and R, respectively.
<br /> It is clear that the Speaker Card I submitted to Martha Ramirez on October 14, 2013 was
<br /> stolen from the Planning Commission's files. Although I have submitted a replacement Speaker
<br /> Card, a true and correct copy of which is attached hereto as Exhibit S, the fact of the matter is
<br /> that Mr. Ogulnick, and his corporation, Vineyards Development, Inc., who is the applicant for
<br /> The 301 Project, LLC (the "Applicant"), that I was objecting to, interfered with a public process
<br /> and removed evidence of my objections because I was voicing concerns about his project. This
<br /> is wholly inconsistent with our democratic process. Please advise as to what action you, as the
<br /> City Attorney responsible for investigating such theft of public documents and interference with
<br /> process,have taken with regard to this theft.
<br /> The Applicant is a Suspended Corporation Barred by Law from Seeking Approvals
<br /> Moreover, pursuant to California Revenue and Taxation Code Section 23301, the
<br /> Applicant for the 301 Project, Vineyards Development, is a suspended corporation and is
<br /> therefore not permitted to conduct business of any kind in the State of California. See, Business
<br /> Entity Detail from Secretary of State Website, dated November 12, 2013, a true and correct copy
<br /> of which is attached hereto as Exhibit T. California Revenue and Taxation Code Section 19719
<br /> states that any person who attempts to exercise the powers, rights and privileges of a suspended
<br /> corporation may be punished "by a fine of not less than $250 and not exceeding $1,000, or by
<br /> imprisonment not exceeding one year". Obviously, Mr. Ogulnick, Vineyards Development, and
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