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The FPPC outlines five types of interests that may result in disqualification. Of these,the "income" <br /> interest is clearly met by Ramos. "An individual or an entity from whom the official has received income <br /> or promised income aggregating to$500 or more in the previous 12 months." <br /> Please see the attached Form 700's filed by Councilwoman Phan. The test goes on to see whether the <br /> financial impact of the decision is foreseeable and significant enough to material. In this case, the facts <br /> speak for themselves. The amendments to the HOO are significant to current and future builders and <br /> developers who may be or are current clients of Phan's. <br /> Potential State Law Violations: <br /> 1. City Councilwoman Thai Phan likely violated the code by voting on the HOO due to the number <br /> of economically affected clients who are the sources of income to her employer Rutan and <br /> Tucker and to her team within the firm. <br /> Potential City of Santa Ana Violations: <br /> 1. Councilwoman Thai Phan's participation in the November 16, 2021 hearing likely violated Santa <br /> Ana Municipal Code section 2-105. First, Phan should have "absented" [herself] from the room <br /> where the meeting was held during debate and voting on the matter. Second, per the code, <br /> Phan should have divulged any "remote interest" before voting. Neither of these occurred and <br /> the City Attorney cannot "sweep it all under the rug" by stating that there is no financial <br /> interest. This opinion violates the latter part of code section 2-105. <br /> As stated previously, the California State Fair Political Practices Commission is being contacted because <br /> the complaint filed with the Mayor and City Attorney were not taken seriously. Additionally,the <br /> investigative authority of the Commission is ideally situated to obtain information regarding the conflicts <br /> of interest alleged herein. <br /> A hearing for the second reading of the HOO amendments is scheduled for Tuesday December 7, 2021 <br /> beginning at 5:00 pm. It is requested that FPPC staff alert the City of Santa Ana to the conflicts of <br /> interest before this meeting occurs. <br /> We have referred this matter to an attorney and reserve the right to challenge these decisions. <br /> Sincerely, <br /> a e--� <br /> Alex Lee <br /> On behalf of numerous concerned Santa Ana <br /> residents <br /> a....�".%�.1..�".�.d.2:. . :. ...I..lrvratral..! .2.!..l..:.com <br /> Enc: Councilwoman Phan Statement of Economic Impact Forms <br /> Rutan and Tucker Builders and Land Developers Team page <br /> cc: Rutan &Tucker Managing Partner <br /> 3 <br />