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