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it is simply not believable that Thai Phan derives income from representing builders and developers in <br /> the community. This source of income is a total bar to her participation on matters such as the HOO <br /> amendment and,while she may argue that it is a Ibroadlly applied ordinance in the City, the facts acre that <br /> a Venn:diagram showing the entities subject to the HOO and Rutan andl Tucker's Builder and Developer <br /> clients would be largely the same group of people. <br /> ...................... <br /> SUN <br /> ...................... <br /> ­,,,.......... <br /> Rutan and Tucker is a regional law firm who represents many Orange County clients. Rutan and Tucker <br /> has practice areas such as corporate and tax,or employment,or intellectual property which are clearly <br /> not a conflict of interest for the firm,and Phan on a land use matter,however, Phan works on,the Team <br /> which services Ibuildeirs and developers and is participating in,a municipal question directly related to <br /> her practice area and likely, clients. <br /> To put an even more specific point on the matter,Councilimember Phan's colleague at Ratan&Tucker, <br /> Peter Howell, represents Dallas-based real estate developer Centennial in the re-entitlement of the 49, <br /> acre, 1.13m square foot, Santa Ana Main Place Mail, Centennial proposes to redevelop the Mail with <br /> over 1,900 dwelhng units in what will surely amount to a,approximate$1 billion investment. The impact <br /> of Councillmem,be,r Phan's decision on the HOO wevillll have a multi-million dollar impact to Centennial. <br /> There was a,specific question as to whether"vested" projects were subject to the, HOO amendments, <br /> the outcome of which has a direct economic impact on,Centennial,which hats a direct economic <br /> connection with,Phain's employer. It defies logic(not to mention the Government Code and case law), <br /> that Couincillmem e,r Phan would be allowed to not only partidipate, Ibut lead,the HOO discussion given <br /> the scope of thins impact to Rutan's clients. <br /> The code clearly states that to avoid actual bias or the appearance of possiible improprieties, a public <br /> official with a disqualifying conflict of interest iin a government decision must be prohibited from <br /> Participating in the decision. <br /> 2 <br />