HomeMy WebLinkAboutCORRESPONDENCE - #09 i
December 7, 2021 www.kennedycommission.org
17701 Cowan Ave.,Suite 200
City Council Irvine,CA 92614
City of Santa Ana 949 250 0909
20 Civic Center Plaza
P.O. Bo 1988, M31
Santa Ana, CA 92701
Re: Item 9: Strengthen Housing Opportunity Ordinance and Affordable Housing Funds Policies
and Procedures
Dear Mayor and City Council Members,
The Kennedy Commission (the Commission) is a broad-based coalition of residents and community
organizations that advocates for the production of homes affordable for families earning less than
$27,000 annually in Orange County. Formed in 2001, the Commission has been successful in partnering
and working with Orange County jurisdictions to create effective housing and land-use policies that has
led to the new construction of homes affordable to lower-income working families.
We are writing to support the amendments to the Housing Opportunity Ordinance and Affordable
Housing Funds Policies. The changes will ensure that development in the City addresses housing needs
for all residents in a balanced manner. Many working families in Santa Ana continue to be impacted by
the rising cost of housing and the scarce housing opportunities available at rents they can afford. In
addition, many continue to face economic uncertainty because of the ongoing COVID-19 pandemic. The
creation of housing at all income levels is vital to our recovery and will provide stability for the majority
of Santa Ana residents that are struggling with housing availability and cost that existed long before the
pandemic. It is crucial that the City strengthen the Housing Opportunity Ordinance (HOO) to ensure that
housing opportunities are available for all residents in Santa Ana along with new housing options being
created in the City.
The City of Santa Ana is a renter majority city and despite the City's progress towards meeting its
Regional Housing Needs Assessment(RHNA) allocation for very low- and low- income housing, there
continues to be a great need for housing that is affordable to its residents. The current pandemic has
increased the economic and housing pressures on low-income families in Santa Ana. As incomes are
decreasing and jobs are being lost, many low-income families are struggling to remain housed. This is
especially true for the majority of Santa Ana's low-income households that are suffering with the impacts
of housing cost and economic uncertainty. According to the City's local data, 70 % of Santa Ana renters
are low and very low-income renters. 80% of renters in Santa Ana fall into the moderate, low- and very
low-income categories and 84 % of residents hold low-income occupations that pay less than $53,500 per
year'. Santa Ana's households are predominantly families comprising 81% of households.' These
households are also rent burdened and live-in overcrowded conditions'.
While the City has seen increased production of affordable housing there has been a disproportionate
production of above moderate housing with a total of 3,274 above moderate units produced between
2013-2021, the City exceeded its RHNA allocation by 3,638%per the City's RHNA progress reports
submitted to the state. With average rents of$2000 - $4000, none of these above market rental units are
affordable to most of Santa Ana's working families.
The need will be much greater as the COVID-19 pandemic has exacerbated housing needs that were
already existing in our communities. Housing costs in Santa Ana have been out of reach and will
continue to be out of reach in this current economic climate. Households in Santa Ana must earn $44.83
an hour to afford two-bedroom housing.' The proposed amendments further incentivize housing units
with market rate rents and are not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15 per sq ft to be in line with a
fee that is fair and allows the City to fund much needed affordable housing for Santa Ana residents. We
also support the wider application of the Housing Opportunities Ordinance in the City of Santa Ana. This
will continue to facilitate the development of affordable housing in various areas of the city.
The Commission also recommends that the HOO apply to all residential developments in the City. At a
minimum the HOO affordable housing requirements should apply to all residential and mixed use
developments that are asking for zone changes, upzonings, following city initiated specific plans, general
plan updates or those asking for other development incentives.
In addition, the HOO should apply to all developments taking advantage of City initiated land use and
zoning changes, specific plans and general plan updates and amendments. Land use changes may create
higher land values, profit, and incentives for market rate developers. At the same time many of these
market developments are not affordable to the majority of Santa Ana's residents. In exchange for these
development incentives, new affordable housing for Santa Ana residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies prioritize the construction of
affordable housing for extremely low- and very low-income families. These are the families that have the
most pressing needs in the City of Santa Ana. In addition, the fund should also prioritize addressing
housing insecurity, eviction prevention, and housing legal assistance for residents that would directly
help current Santa Ana residents with the exception of code enforcement. Diversion of these funds to
other programs unrelated to housing and direct help for families would not increase or improve the
supply of affordable housing.
We urge you to take into consideration the amendments and proposed recommendations to the Housing
Opportunity Ordinance. These recommendations will help the city increase affordable housing options
for residents and help the city meet equitable housing production goals.
1 City of Santa Ana General Plan Housing Element 2014-2021,p.14,January 2014.
' City of Santa Ana General Plan Housing Element 2014—2021 page 11
3 City of Santa Ana General Plan Housing Element 2014—2021 page 20
4 National Low Income Housing Coalition.Out of Reach The High Cost of Housing 2021,pg.18.Out:of Reach 2021(i lihc.org�
Sincerely,
Cesar Covarrubias
Executive Director
Latino Health Access
L.ATIN 7 450 W. Fourth Street, Suite 130
ljr
HEALTH �„ �� Santa Ana, CA 92701
714-542-7792
www.latinohealthaccess.org
December 7, 2021
Mayor Sarmiento and City Council Members
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Support to adopt Agenda Item 49, Housing Opportunity Ordinance
Latino Health Access has been proudly working alongside community residents for over 27 years to
improve the social determinants of health in our city. We provide services that address immediate health
needs while providing information and facilitating opportunities to increase civic participation and
impact policies that will improve those social determinants in the long term. Therefore,we are writing
in support of the adoption of the Housing Opportunity Ordinance.
The COVID-19 pandemic has altered everyday life across the globe. Beyond the disastrous health
consequences, the COVID-19 pandemic has disrupted the global economy with soaring income loss,
underemployment, and unemployment rates. An impact that has worsened and aggravated the living
conditions for many residents across the City of Santa Ana. The lack of affordable housing and the
rising cost of housing for our low-income residents has forced people into overcrowded living
conditions and rent-burden. Therefore, the City must strengthen the Housing Opportunity Ordinance
(HOO) to ensure that housing opportunities are available for all residents in Santa Ana. Increasing
affordable housing development opportunities along with market-rate housing will be crucial in creating
new housing that residents in Santa Ana can truly afford. The creation of housing at all income levels is
vital to our recovery and will provide stability for the majority of Santa Ana residents that are struggling
with housing availability and cost.
While the city has seen increased production of affordable housing it has not been enough to address the
past deficits and growing needs for affordable housing based on the population's housing needs and
incomes of residents in Santa Ana. As an example, according to the City's local data, 80% of Santa Ana
renters are moderate, low, and very low-income renters. Yet the most significant increase of housing has
been in the above moderate housing category with a total of 3,274 above moderate units produced
between 2013-2021, the City exceeded its RHNA allocation by 3,638%per the City's RHNA progress
reports submitted to the state. Hence, the majority of these new rental housing units, with an above
moderate average rent of$2000- $4000, are not available to address the housing needs of most working
families in Santa Ana.
Housing costs in Santa Ana have been out of reach and will continue to be out of reach in this current
PREVENTION EDUCATION ACTION
Latino Health Access
L.ATIN 7 450 W. Fourth Street, Suite 130
ljr
HEALTH �„ �� Santa Ana, CA 92701
714-542-7792
www.latinohealthaccess.org
economic climate. Households in Santa Ana must earn $44.83 an hour to afford two-bedroom housing.'
The proposed amendments further incentivize housing units with market-rate rents and are not
affordable to the majority of the City's residents.
As such,we support the following recommendation to the Housing Opportunity Ordinance:
Housing Opportunity Ordinance Recommendation
e The proposed recommendations to Sec. 41-1904. Options to Satisfy Inclusionary
Requirements
We support the recommendations to incentivize the use of a local skilled and trained
workforce. These recommendations will not only prepare people for employment and
help Santa Ana workers advance in their careers, but it will also ensure a skilled
workforce exists to support local industry and the local economy. However, we do
recommend the city to report an open and transparent data on the use of local skilled
and trained workforce.
However, we strongly disagree with the following recommendations to the Housing
Opportunity Ordinance:
e The proposed recommendation to Sec.41-1903. Exempt projects.
We believe that all the development projects that have not paid their in-lieu fees,
regardless of their entitlement status should comply with the Housing Opportunity
Ordinance's on-site affordability requirements and in-lieu fee requirements.
To add on, we urge you to reconsidered the Planning Commission recommendations to the
Housing Opportunity Ordinance for the November 16, 2021 council meeting. The
recommendations are as follows:
e The proposed amendment to Sec. 41-1902. Applicability and Inclusionary Unit
Requirement
The City should ensure that affordable housing is built on new housing developments
or allow for developers to pay their fair share of funds to provide Santa Ana residents
with affordable housing. We support the Planning Commission's recommendations to
increase the on-site requirement options as follows: 20% at low income, or 15% at
National Low Income Housing Coalition.Out of Reach The High Cost of Housing 2021,pg.18.lJu�t:of Reach 2021(nla.nc. .r }.
PREVENTION EDUCATION ACTION
Latino Health Access
L.ATIN 7 450 W. Fourth Street, Suite 130
ljr
HEALTH �„ �� Santa Ana, CA 92701
714-542-7792
www.latinohealthaccess.org
very-low income, or 10% at extremely-low income, or a blended option of 15%where
5% is at extremely low income, 5%very-low income and 5% low-income income.
e The proposed amendment to Sec. 41-1904. Options to Satisfy Inclusionary
Requirements
We support the Planning Commission's recommendations to increase the in-lieu fees
in the In-Lieu Fee Schedule as follows: $10 sq. ft. for a residential project consisting
of 5 to 9 units, $11.66 sq. ft. for residential projects consisting of 10 to 14 units,
$13.32 sq. ft. for residential projects consisting of 15 to 19 units, and $15 aq. ft. for
residential projects consisting of 20 or more units. The $15+ sq. ft. fee is in line with
regional in-lieu fees and is further supported by a feasibility study of Santa Ana's
housing and real estate market where a higher in-lieu fee range of$17.10 sq.ft.- $17.80
sq. ft. are recommended by the City's consultant.
We urge you to support the adoption of the Housing Opportunity Ordinance and reconsidered
the Planning Commission recommendations to the Housing Opportunity Ordinance for the
November 16, 2021 council meeting. The proposed amendments will help the city increase
affordable housing options for Santa Ana residents.
Sincerely,
-.D
Nancy Mejia, MPH, MSW
Chief Program Officer
PREVENTION EDUCATION ACTION
Orozco, Norma
From: Alex Lee <a1exlee1212@protonmail.com>
Sent: Tuesday, December 07, 2021 12:10 PM
To: Gomez, Daisy; Carvalho, Sonia R.; eComment
Subject: FPPC Complaints filed Against Councilwoman Phan and Commissioner Ramos and
Agenda Item 9
Attachments: Complaint re Phan.pdf, Complaint re Ramos.pdf
Hello,
I am writing on behalf of many concerned Santa Ana citizens. We feel that the HOO amendments put forward
by Commissioner Ramos and Councilwoman Phan have been a coordinated effort to reward their political
benefactors and that the votes taken by these two officials have been violations of State and City code.
We call on the City Attorney, Mayor, and City Manager to cure this issue at once and to send the HOO back to
the Planning Commission (as several Councilmembers requested) for a hearing of the new items raised by the
conflicted members and a fair an impartial process without Commissioner Ramos or Councilwoman Phan
involved.
The referral to the FPPC is a referral and not a complaint yet. A sworn complaint will be filed if the Council
votes on the item tonight. The violation has already occurred regardless of the vote tonight, however,
Councilwoman Phan and the rest of the Council should not commit an additional violation by voting on this
item this evening.
Furthermore, the item is NOT appropriate for a second reading on the consent calendar because the item has
changed so materially from the original item that a full presentation of the change MUST be presented before
approval.
Legal issues of this approval include but are not limited to:
1. Improper Vote at Planning Commission with a conflict of interest and a pre-written motion drafted by
sources of income to Ramos.
2. Improper Vote at City Council with a conflict of interest and illegal conditions presented by Councilwoman
Phan.
3. Improper Vote on second reading at City Council with the same conflict of interest, illegal conditions, and a
improper placement of the item on consent calendar when the item had material additional amendments.
The residents of Santa Ana deserve better representation than this. If the Council proceeds with this vote
tonight on the consent calendar, the Council will be improperly approving an already improperly reviewed
ordinance, drafted in a flawed process, by conflicted officials who should have recused themselves from this
item. There are several flaws in the process which WILL subject the City to costly litigation.
Sincerely,
Alex Lee
i
December 1, 2021
Fair Political Practices Commission
Enforcement Division
1102 Q Street, Suite 3000
Sacramento, CA 95811
Also sent via email to.c..oinn„I!.g ntj�fl.1aLoL2,g2y
Santa Ana City Clerk
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to .gra!nz !!t :girora!wg
Santa Ana City Attorney
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to scar a.1.1ho. ���i!tg:g!!�ora!wg
Regarding: Complaint regarding Conflict of Interest in Planning Commission Decision
To Whom it May Concern,
On October 25, 2021,the Santa Ana Planning Commission amended Municipal Code Section 41-1900
(the "Housing Opportunity Ordinance" or"HOO").
On November 9, 2021 the attached letter was sent to Mayor Vince Sarmiento and carbon copied to the
City Council, Planning Commission, and City Attorney asserting a Conflict of Interest between Planning
Commissioner Isuri Ramos and several organizations. This letter outlined an un-waivable conflict of
interest which should disqualify Ramos and require a re-hearing of the issue without the biased
Commissioner's participation.
On November 16, 2021, the Santa Ana City Council considered the first reading of the amendment to
the HOO. Amidst several other improprieties which will be the subject of a future complaint,the City
Council erroneously dismissed the concerns regarding the alleged conflicts of interest and failed to
properly investigate the issue.
I tt1a ; yp t o.I;. . ,.f.U.f IWI C .... IJ C (Santa Ana Council Nov. 16 The video of the hearing can be found at ,
2021-English, published by City of Santa Ana).
Testimony at November 16, 2021 Hearing
At hour 6, minute 4, Adam Wood of the BIA put several concerns regarding the process on the record
and referred to the letter attached hereto.
At hour 6, minute 17, Cesar Covarrubias, Executive Director of the Kennedy Commission spoke in favor
of the amendments and the Planning Commission changes. Notably, Commissioner Ramos lists the
Kennedy Commission as a source of income on her Form 770 Statement of Economic Interests.
1
At hour 6, minute 19, the City Clerk referred to written communications, but failed to outline the
concerns raised by the letter.
At hour 6, minute 20, Daisy Cruz from the Kennedy Commission spoke in favor of the amendments. See
the notes above regarding the Kennedy Commission and Commissioner Ramos.
At hour 6, minute 22, Ana Charco, of Latino Health Access, another one of Commissioner Ramos' listed
sources of income, spoke in favor of the amendments.
The City Attorney
At hour 6, minute 25, Mayor Sarmiento asks the City Attorney about the attached letter. The City
Attorney states that there was no conflict of interest because "there was no economic interest at stake"
and that there is a difference between a legislative decision and adjudicative decisions. It is stated that
the HOO was a legislative act and therefore there is no bias. This legal opinion is not supported by the
caselaw nor by common sense. This legal opinion appears to be the case of a City Attorney counting the
votes on the Council and arriving at the legal opinion which supports the majority of the Council.
To argue that there is no economic interest at stake or bias is preposterous reasoning by the City
Attorney and cannot withstand the simplest of common sense. At the City Council hearing on the
amendments,there were only 8 total speakers on the item. 5 had comments about the process and the
need for more input. Only 3 were in support of the amendments proffered by Commissioner Ramos. Of
these, all 3 are the sources of income listed on Ramos' statement of economic interests. NOT A SINGLE
PERSON NOT APPEARING ON RAMOS' STATEMENT OF ECONOMIC INTERESTS SPOKE IN FAVOR OF THE
HOO AMENDMENTS AT THE NOVEMBER 16, 2021 MEETING. To call the HOO ordinance an issue of
general interest is to misstate the facts of this issue. The HOO ONLY effects developers of housing in the
City of Santa Ana. The fact that the exaction occurs before a specific project can negotiate the specifics
of that particular project DOES NOT change the fact that this amendment to the HOO directly affects the
due process of residential developers in the City of Santa Ana.
Councilwoman Thai Phan Doubles Down on the Conflicts of Interest
At Hour 6, minute 35, Councilwoman Thai Phan dismisses the conflict of interest and echoes the
tortured logic of the City Attorney. A practicing City Attorney herself, Phan apparently doesn't
understand that a conflict of interest is not excused based on an item being legislative rather than quasi-
judicial. There is simply no premise for the concept that legislative acts do not have conflicts of interest
and to argue such is to turn the entire Government Code section on its head.
As an aside, Councilmember Thai Phan is an attorney at the law firm of Rutan &Tucker which represents
many residential developers directly affected by the HOO amendments. So, it comes at no surprise that
she doesn't understand conflicts of interest because she herself likely has one which should separately
recuse her from her participation in this matter. Conflicts of interest do not say that a decision maker
with a conflict of interest can only participate if they vote against the interests of their clients, it is a
total bar to participation. It would be unbelievable for Phan to argue that her firm's numerous
developer clients would hypothetically have nothing to do with her cutting the fee to $0 to benefit her
clients, but she appears to believe that voting to increase the fee (and adding a completely illegal
condition of mandating "skilled and trained workforce" for all housing beginning in 2025) has no
economic impact on her firm's clients. Attached to this complaint and to the subsequent complaint
2
which will be filed is a, print out of the Rutan&Tucker websiite showing that Thai Phan is a member of
the firmi's "Builders and Land Developers Team" page. Also attached is a copy of her Statement of
Economic Interests form. Whiille it is arguable whether a lawyer imay list ONLY their law firm as a source
of income over$10,,000 and thus slhieldl their actual clients from disclosure to the public, it is simply not
believable that Thai Phan derives income from representing builders and developers in the community.
This source of income is a total bar to her participation on imatters such,as the HOO amendment and,
while she may argue that it is a broadly applied ordiinanice in the City,the facts are that a Venn diagram
showing the entities subject to the HOO,and Rutain and Tucker's Builder and Developer clients would be
(largely the same group of people.
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This action will be the subject of a subsequent complaint filed with the FPPC, but it is Ipirovided herein
because it shows a)that the City Attorney's office of the City of Santa Ana does not adequately pollice
conflicts of interest on the part of City of Santa Ana elected and appointed officials, b)that when
presented with incontrovertible facts,the City Attorney and City Council ww,villl not conduct an appropriiaite
investigation into the matter, and c) notwithstanding Councilwoman Thai Phan's employment as a
municilpall attorney, she is apparently unaware of how conflicts of interest work in practice (or more
interested in political grandstanding than following the rules).
Mayor Sairimienito
At hour 6, minute 5 , Mayor Sairmiento, an attorney himself,dism,isses legal conflicts of interest as
"'baggage,"' Sarmiienito goes on to say that he did research,on the organization who drafted the letter
and stated that they are latiino market rate devellopers, He dismisses the petitioners as "biased
themselves." Thiis may be the low point of the dliscussiion on the matter because there is aibsollutely no
case law or code that suggests that a legal conflict of iiniterest may not be asserted by people within a
City who have interests. Commissioner Ramos' conflict on interest is a quiestion of fact. To impugn the
3
people who pointed out that facts is irrelevant, inappropriate, and inflammatory and below the
standard by which a Mayor of a major City should conduct themselves.
The code clearly states that to avoid actual bias or the appearance of possible improprieties, a public
official with a disqualifying conflict of interest in a government decision must be prohibited from
participating in the decision.
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 Commissioner Ramos. 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 were significant enough to these entities that they spoke at the Planning
Commission hearing, obviously aided Ramos in her preparation of a motion, and then spoke in favor of
the amendments at the City Council hearing. If the effect wasn't significant, it would be hard to believe
that the only advocates of the amendments to the Ordinance just happened to be entities from whom
Commissioner Ramos received income.
Potential State Law Violations:
1. The actions of Ramos potential violate Government Code Sections 1090-1097.5. Commissioner
Ramos should have recused herself from the hearing on the HOO amendments because she has
received income from entities who had a significant interest in the municipal issue. If Ramos
had recused herself, the amendments would not have been offered in the same manner and the
item would not have passed with a one vote margin. Her participation had a significant impact
and effect on the municipal question in which these entities have an interest.
2. The City Council and City Attorney erred by not sending the item back to the Planning
Commission for a hearing without the disqualified Planning Commissioner.
3. 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.
Potential City of Santa Ana Violations:
1. The participation by Commissioner Ramos likely violates Santa Ana Municipal Code section 2-
105. First, Ramos should have "absented" [herself]from the room where the meeting was held
during debate and voting on the matter. Second, per the code, Ramos 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.
2. Councilwoman Thai Phan's participation in the November 16, 2021 hearing likely violated the
municipal code requirements discussed above.
4
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,
Alex Lee
On behalf of numerous concerned Santa Ana
residents
a....�".%�.1..�".�.d.2:. . :. ...I..lrvratral..! .2.!..l..:.com
Enc: Letter sent by United Latinos Vote to Mayor Sarmiento dated 11/9/2021
Commissioner Ramos Statement of Economic Impact Forms
Councilwoman Phan Statement of Economic Impact Forms
Rutan and Tucker Builders and Land Developers Team page
5
Letter sent by United Latinos Vote to Mayor Sarmiento
dated 11/9/2021
U LV 3600,andAvenur,
No- 3413
Oakland CA94610
Tel 510-501-6837
UNITED LATIl TE
November 9, 2021
Vince Sarmiento
Mayor
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Santa Ana Planning Commissioner Conflict of Interest
Dear Mayor, Council, Commission and Staff:
On behalf of United Latinos Vote,I am writing to express concern over an invalidating conflict of
interest occurring at the October 25, 2021 Santa Ana Planning Commission. Such action raises
several issues which require your further action.
On October 25, 2021, a legally-biased Santa Ana Planning Commissioner cast the deciding vote
on her own motion to amend Municipal Code Section 41-1900 et al. (the "Housing Opportunity
Ordinance", or "HOO"). Due process requires the unwinding of the Commission's decision
and a rehearing without the biased Commissioner's participation.
Commissioner Isuri Ramos is a"Trairdng and Development Associate" for Latino Health Access
("LHA")and cams between$1,001 -$1 0,,000. She also works for Kennedy Commission at,a salary
between $10,001 - $100,000. St. Joseph Hospital (the "Hospital") is listed as one of nine major
"fanders" on the Kennedy Commission's website.
Out of three public comment letters provided to the Commission in advance of the October 25
hearing on the HOO,two were submitted by organizations with close ties to Commissioner Ramos.
LHA submitted a letter to the Commission in support of the proposed amendments to the HOO
and affordable housing funds policies (the "LHA Letter"). Specifically, the LHA Letter
recommend that the Commission:
• Increase the HOO's in-lieu fee from $5 to $15 per square foot (LHA Letter,,p. 2);
• Apply the HOO "to all residential developments in the City" (id.); and
• "[M]ake new construction of affordable housing for extremely low- and very low-
income families a priority when using the housing fund monies (id.).
The Hospital also sent a letter to the Commission in support of the proposed. amendments to the
HOO(the"Hospital Letter"). The Hospital Letter asked that the Commission take the same actions
as the LHA Letter, including providing nearly word-for-word recommendations compared to the
LHA Letter. (See Hospital Letter, pp. 2-3.) Such a coincidence is unlikely, suggesting that the
Hospital coordinated with LHA.
EDUCATE - PARTICIPATE - ELEVATE
During the October 25 hearing, the questions posed by Commissioner Ramos were alarmingly
similar to the recommendations posed in the LHA and Hospital Letters. Case in point: the LHA
and Hospital Letters asked the Commission to apply the HOO "to all residential developments in
the City"and Commissioner Ramos's first question to Staff was why;`Staff is not recommending
that the entire City be an applicable area under the HOOT' (Hearing Video, 22:30.) Moreover,
whereas the LHA and Hospital Letters both asked for the in-lieu fee to be increased "from $5 to
$15 per sq ft," Commissioner Ramos asked to increase the "range of the in-lieu fee" from $5 to
$15 to $10 to $15.
In addition, two public comments during the Commission's hearing were provided by employees
of LHA and colleagues of Commissioner Ramos. One of these public comments was in Spanish,
from Araceli Robles on behalf of the LHA. (Hearing Video, 1-05-20.) Her comments were then
roughly translated and summarized in English for the Commission's consideration. Commissioner
Ramos then inappropriately inserted herself into the conversation and stated"I can provide support
if you would like" (Hearing Video, 1:07.13). Unprompted, she then delivered to the Commission
even more information about Robles's concerns, going above and beyond this initial translation,
providing what appeared to be direct quotations from Robles's statement,given just seconds before
(Hearing Video, 1:08:20). Another public comment from the Kennedy Commission mirrored
Commissioner Ramos' desire to increase the in lieu fee and tracked her question about applying
the HOO throughout the City.
As if all this were not already enough to disqualify Commissioner Ramos from voting on any HOO
amendment, she then(1)personally initiated what was likely a pre-written motion; and (2)cast the
deciding vote (4-3) on it. It will come as no surprise that the language of the motion closely
matched the suggestions from the LHA Letter, the Hospital Letter, and the two public comments
by her colleagues. Again,this was no coincidence.
The law with respect to biased decisionmakers is clear. Due process requires that a decisionmaker
be fair and impartial. The law does not require proof of actual bias. Rather, it is sufficient to
invalidate a decision if "an unacceptable probability of actual bias" by the municipal
decisionmaker is established. (Woodys Group, , Inc. v City of' Neiiport Beach (2015) 233
Cal.App.4th 1012, 1022.) When it is established that a biased decisionmaker participated in a
decision, the appropriate remedy is to return the matter to the body for a rehearing without biased
decisionmaker's participation.
Because of her close ties to organizations and callers actively participating in advocacy regarding
the HOO, in addition to her actions on the night of the hearing, it is beyond doubt that
Commissioner Ramos harbors"an unacceptable probability of actual bias"on the HOO. (Woodv's
Group,supra,233 Cal.AppAth at p. 1022.)In addition, Commissioner Ranios's alternative motion
had likely been written out beforehand, wholly belying her own self-serving comment at the
hearing that LHA's position on the HOO "will not influence my vote tonight." Her actions are
constitutionally unacceptable and have"crossed the line into advocacy."(Petrovich Dev. Co., LLC
v City oj'Sacramento (2020)48 Cal.App.5th 963, 974.)
Commissioner Rai-nos should have recused herself from the Commission's hearing on Cctober25;
because she did not, the Commission must reconsider amendments to the HOO without a
EDUCATE - PARTICIPATE a ELEVATE
biased decisionmaker. None of these defects are cured by her disclosure at the beginning of the
hearing that she is employed by LHA.
Sincerely,
Robert J. Apod
Executive Dire or
cc: Santa Ana City Council
Santa Ana Planning Commission
Sonia Carvalho, City Attorney
EDUCATE - PARTICIPATE - ELEVATE
Commissioner Ramos Statement of Economic Impact
Forms
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• ` "� �I STATEMENT OF ECONOMIC INTERESTS rrud norurrw�,uW"()rr
FAIR POLITICAL PRACTICES COMMISSION F
A PUBLIC DOCUMENTCOVER (PAGE D'1� II9
V1rv,
���I)em
Ptea e type or print in ink. dP klrP �:
M navi
NAME Of FIILEIR (LAST) (FIRST) MIDDLE)
1, Office,, Agency, or Court
Agency Name (Do not use ali
Division,ision, Board, Department, Distinct, f6 applicable your Position
PLANNING COMMISSION COMMISSIONER
r• If dtliin�g for umultiple positions„Iilst below or oni an attachment, (Do not use acranyrmis)
Agency: position:
Z Jurisdiction Of Office (Check at least one a, )
State Judge,IRetwed luudge,P''ro Tom Judge,ar Court Gommrmtssuier�
( tatemwride Jurisdiction)
t�fuullii-County................................................................................................................................... f6ouumt oh...............................................................................................................................................................,.
n n Y
u pity of Santa &na F-1 Other
I Type of Statement (Check at least one boor)..
�.....:� Annuall.The period covered is.January t„ 2020 through E..1 LeavingOffice: (gate Lett ......................1 �
ecernb�er 31, 2 120 (Check one dirclle�)
or C
The pentad covered is throughc,) The per od covered is January 1,2flpft through the dale olf
�� a
December 31, 2020, leawaung office.
U Assiuming Office: Data assumed 02 1 12021 0 The period)covered is I I through the date
of leaving office.
andIda teu Date of Election................................................................. and office Sought,if dliifferemt than Pain 1;......................................................................................................................................................................................
4. Sichedule Surnrmar (must complete) ► Total number of pages including this cover page:
Schedules attached)
0 Schedule Am1 -investments schedule attached Schedule C-Income, Loans, & Business Positions-schedule agached'
Schedule - • fnwestrmerrfs schedulle attaclhned Schedule D. Income- Gifts-schedide affached
El Schedule B.Deaf Property.. schedule affachnedd 0 Schedule E,Income.- Gifts.- Travel Puayrruents TM-schedulie attached
. r.
E Muria . No reportable interests on any schedule
a Verification
MruflVraGADDPE S STREET CITY STATE UP CODE
(Hushes or Agency Address Rom rreeaded f'ufasc Dooj vn(f
Manta Ana CA 92701
C�Pi1t"1fVId�E TELEF�r�IR'E IM'4,IUat'REFd E r„ IL dWCa5RER
II have used all reasonable diligence in prep�alri�ng this,stateument�. I have revii thins,staternent and to thie best of my knowied�ge the info nmatGon contained
herein and in any attached schedules is true and complete I acknowledge this is a public document,�
V certify under penalty of perjury,under the laws of the State of California that the foregoing IS trine and correct.
Date Signed 02/03/20 1 Signature.. 1s i Sadadh rtattmcos
(Ynoofh,day,y�NbJ (Fwb ft aoiraak 54rMpor8iisk mom of rw4h pur ffing Dflid&)
FPP,C Form 70tf .Cover Page (2020120,21)
advice@fppic,ca.gov fppc.ca.gomu*866- 7'a'-377 '* ut r.fppc.ca.gov
011400056 NFII-0056
---------------------------------------------------------------------------------------------------------
0%0%
SCHEDULE C CALIFORNIA F ORM 7UU
Income, Loanis, & �Businiess, FAAR POLITICAL PWTICIES COMAUSSION
Positions IName
(Othier than Gifts and Travel Payrneruts) Ramos, Isuri Sadaculy...............................
0-� 1. INCOME RECIElIfED 01� 11�INCOME RECEIVED
INAMIE OF SOURCE OF INCOME NAME OF SOURCE OF INCOME
1,atino Heal,th Ac:c.,ctss The Kennedy Commir,,nsion
ADDRESS (flusirms Acbress A cce&bk?) ADDRESS(&xrsineas Addr*ss Accq)IaMo
Santa Ana, CA 92701 Irvine, CA 92614
BUSINESS ACTIVITY, IIP ANY„OF SOURCE BUSINESS ACTIVITY,IF ANY, OF SOURCE
.......................................................................................................................................................................................................................................................................................................................................... .........................................................................................................................................................................................................................................................................................................................................
YOUR BUSINESS POSITION YOUR BUSINESS POSITION
Training and Development Associate Policy Analyst
GROSS INCOME RECEIVED [:] No Incorne Business PoWtIon Only GROSS IINCOME RECIEWED F] No IInoonne auslness Powtion Only
wo $1,000 M $1,0011 $10,0�O0 F1 r0 $1,000 F1 1,0,01 $10,00,0
El $10,001, $100,000 [:] OVER $100,000 M s1o,0011 sliuo,000 [-] OVER $100,000
CONSIDERATION FOR WHIcH IIN,COME WAS, RECIEWED CONSIDERATION FOR WHICH INCOME WAS RECEIVED
ff] S�aliairy E] Spouse's or regirskered doniestic partner's,inome UX Saary E]Spoulse's or iregp stered dornesbc pairtneirs iInwrne
(For serf ernployed use SeNrMule A 2,) (Fay seff errployed use Schedule A 2.)
Partnership(Loss than 10%ownership. For 10%0(groateir U%e [:]P,aanerlhlp(LAsslhanlO%ownerslhip. For lO%or great oruse
SchedWe A 2) ScftedWe A 2.)
EJ Sale of Sale at
(ReWparpody,cN,brot,o6c) (RaW prrvady,cm,hcwd,eft:)
I w3 rt repayn,ie n t I oan rapayn,ient
commisslon,or Rental InCome, AV eoch riowtr of Sra000 or frwmrp M Comirnisson or RenIlall InCom,e, hi each scvroo of$10,000 r ore
Other....................................................................................................................................................................................................................... Other......................................................................................................................................................................................................................
jarncrrbe) (Dosofitv)
2.ILOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
You are not required to report lloans fromi a comrrileircial lending Institution, or any indebtedness created as part of
a retail installment or credit card transaction, niade in the lender's regular course of bUSiness on terrns available to
mernbeirs of:the pubilic without regard to your official status. Personal loans and lo�ans received not in a lender's
regular course o�f business ITI be disclosed as follows:
NAME OF LENDEW II"RATE "TERM(Months)Years)
None
ADDRESS(Business Address A ccieptable)
SECURITY FOR LOAN
BUSINESS ACTIVITY, OF ANY,OF LENDIER [] Nor* Personal residenoe
El Real Property
HIIG HEST BALANCE DURING REPORTING PERIOD
El $1,00, $10,000 Guarantor.................................................................................................................................................................................
�El $10,001 $100,000
�F] OVER $100,000 El otler
Comments'.
FPPC Form 700 Schedulle C (202012021)
advI1ce@fpp,c.ca.gov#8616-275-3772,www.fp�p�c:.ca.gov
0 1m.40005rE...NFII-00 a s
MMMMMMMi ui�in n� Data IniNiiat FNng Received
CALIFMNIA FOR "� �I �I STATEMENT OF ECONOMIC INTERESTS rrud orurrw�,ud.�"()"
"
FAIR POLITICAL PRACTICES COMMISSION F Filie,,d
A PUBLIC DOCUMENT COVER PAGE
in
Ptea e type or,print in ink. m.4 w� a :w
NAME Of FIILEIR (LAST) (FIRST) MIDDLE)
1, Office, Agency, or Court
Agency Name (Do not use ali
r z'rZ OF S'ANTA A14A.
Division,ision, Board, Department, Distinct, f6 applicable your Position
PLANNING COMMISSION COMMISSIONER
r• If dtliin�g for umultiple positions„Iilst below or oni an attachment, (Do not use acranyrmis)
Agency: position:
Z Jurisdiction Of Office (Check at least one a, )
State Judge,IRetwed luudge,P''ro Tom Judge,ar Court Gommrmtssuier�
( tatemwride Jurisdiction)
t�fuullii-County................................................................................................................................... f6ouumt ot...............................................................................................................................................................,.
n n Y
u pity of Santa &na F-1 Other
I Type of Statement (Check at least one boor)..
Annuall.The period covered is.January t„ 2020 through E..1 t.earwring Oli (gate Lett ......................1 �
ecernber 31, 2 120 (Check one dirclle�)
or C
The pentad covered is throughc,) The per od covered is January 1,2flpft through the dale olt
�� a
December 31, 2020, leawaung office-
El Assiuming Office: Data assumed 0 The period)covered is I I through the date
of leaving office.
andIda ten Date of Election................................................................. and office Sought,if dliifferemt than Pain 1;......................................................................................................................................................................................
4. Sichedule Surnrmar (must complete) ► TotSll number of pages including this collar page:
Schedules attached)
0 Schedule Am1 -investments schedule attached Schedule C-Income, Loans, & Business Positions-schedule affaached
Schedule - • fnwestrmerrfs schedulle attaclhued Schedule D. Income- Gifts-schedide affached
El Schedule B.Deaf Property.. schedule affachuedd 0 Schedule E,Income.- Gifts.- Travel Puayrruents TM-schedulie attached
. r.
E Muria . No reportable interests on any schedule
a Verification
MruflVraGADDPE S STREET CITY STATE UP CODE
(ausrrwess or Agency Address Rom rreeaded Rb c Dooj vn(t
Manta Ana CA 92701
C�Pi1t"1fnIrAE TELEF�r�IR'E IM'4,IUat'REFd E nAAIL dWCa5RER
II have used all reasonable diligence in prep�alri�ng this,stateument�. I have revii thins,staternent and to thie hest of my knowied�ge the info nmatGon contained
herein and in any attached schedules is true and complete I acknowledge this is a public document,�
V certify under penalty of perjury,under the laws of the State of California that the foregoing IS trine and correct.
Date Signed 03 f311/20 1 Signature.. 1s i Sadadh rtattmcos
(rwa,rrdrr,day,yi5a( rw4h fur d Dffld&)
FPP,C Form 70tf .Cover Page (2020120,21)
advice@fppic,ca.gov fppc.ca.gomu*866- 7'a'-377 '* ut r.fppc.ca.gov
011400056 NFII-0056
---------------------------------------------------------------------------------------------------------
0%0%
SCHEDULE C CALIFORNIA F ORM 7UU
Income, Loanis, & �Businiess, FAAR POLITICAL PWTICIES COMAUSSION
Positions IName
(Othier than Gifts and Travel Payrnents) Ramos, Isuri Sadaculy...............................
0-� 1. INCOME RECIEnfED 01� 11�INCOME RECEIVED
INAMIE OF SOURCE OF INCOME NAME OF SOURCE OF INCOME
7`1w,t Kennedy Commiesdon Latino Heal,th Aac�ess
ADDRESS (flusirms Acbress A cce&bk?) ADDRESS(&xrsinoas Addr*ss Accq)IaMo
Irvine, CA 92614 Santa Ana, CA 92701
BUSINESS ACTIVITY, IIP ANY„01F SOURCE BUSINESS ACTIVITY,IF ANY, OF SOURCE
.......................................................................................................................................................................................................................................................................................................................................... .........................................................................................................................................................................................................................................................................................................................................
YOUR BUSINESS POSITION YOUR BUSINESS POSITION
Policy Ailalyst Training and Development Associate
GROSS INCOME RECEIVED No Incorne Business PoWtIon Only GROSS IINCOME RECIEWED F] No Inoonne I Posdion Only
wo $1,000 $1,0011 $10,0�Oo F1 00 $1,000 1,0,01 $10,00,0
Ex] $10,001, $100,000 OVER $100,000 El sio,0011 sliuo,000 n OVER $100,000
CONSIDERATION FOR WHIcH IIN,COME WAS, RECIEWED CONSIDERATION FOR WHICH INCOME WAS RECEIVED
ff] Salary E] Spoine's or regirskered doniestic partner's,inome UX Saary E]Spoulse's or iregp stered dornesbc pairtneirs iInwrns,
(For serf ernployed use SeNrMule A 2,) (Frw seff en,ployed use Schedule A 2.)
Partnership(Loss than 10%ownership. For 10%0(greateir Use E]Partnership(Less than 10%ownership. For lO%orgrealoruse
SchedWe A 2) ScftedWe A 2.)
EJ sale of Sale at
(ReWparpody,cw,brot,o6c) (RaW prrvady,cm,hcwd,eft)
I oast ropayn,ient I oan rapayn,ient
commisslon,or Rental Income, AV each,riowtv of Sra000 or franp ]Coma rnissonor n RenIlall InCom,e, hi each scvroo of$10,000 or more
(Dav'ribe) (DosrAtwp)
Other....................................................................................................................................................................................................................... Other......................................................................................................................................................................................................................
jarncrrbe) (Dosofit*)
2.ILOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
You are not required to report lloans fromi a comrrileircial lending Institution, or any indebtedness created as part of
a retail installment or credit card transaction, niade in the lender's regular course of bUSiness on terrns available to
mernbeirs of:the public without regard to your official status. Personal loans and lo�ans received not in a lender's
regular course o�f business ITI be disclosed as follows:
NAME OF LENDEW II"RATE "TERM(Months/Years)
None
ADDRESS(Business Address Acceptable)
SECURITY FOR LOAN
BUSINESS ACTIVITY, IF ANY,OF LENDIER [] Nor* Personal residenoe
El Real Property
HIIGHEST BALANCE DURING REPORTING PERIOD
El $1,00, $10,000 Guarantor.................................................................................................................................................................................
�El $10,001 $100,000
�F] OVER $100,000 El otler
Comments'.
FPPC Form 700 Schedulle C (202012021)
advI1ce@fpp,c.ca.gov#8616-275-3772,www.fppp�c:.ca.gov
0 1'1.4nt1Ar"rE...NFII-n0 a
Date initial Filing
MMMMMMMI NIAN NII
Received
CALIFORNIA , . li"" �I STATEMENT OF EC NO1 NI INTERESTS r��r��d t o Orik
FAIR POLITICAL PRACTICES COMMISSION F -Ilie"d
A PUBLIC DOCUMENT COVER PAGE '13 I k 01 X
Pt ease type or print in ink.
NAME Of FIILEIR (LAST) (FIRST) MIDDLE)
1, Office,, Agency, or Court
Agency Marna (Do not use acronyms)
r z'rZ OF S'ANTA A14A.
Division,ision, Board, Department, Distinct, i6 applicable Your Posiflon
PLANNING COMMISSION COMMISSIONER
r• If dtliin�g for multiple pusifdcns„Iilst below or oni an attachment, (Do not use acronyms)
Agency: Position:
Z Jurisdiction Of Office (Check at least one e, )
State 0,Mudge or Court Cornmissioner(Stateuvide wJuirMictiitwn)
lwfulllii-County.................................................................................................................................. Draun of
...............................................................................................................................................................,.
n n
u pity of Santa &na F-1 tither
I Type of Statement (Check at least one boar)..
�......� Annuai.The period covered is,January 11,2018,through �,..J
IV.eavl ceo Date, Left ......_a�.....1 qua t2a19
G+ ml Der 311, 2 1�d QC lifrec one arrlle),
-or-
The period covered is- through t The period covered is MJanuary 1, 20,18, through the date
December 31, 20,18 of
leaving office,
U Assuming Office: Data assumed 0 The period)covered is I I through the date
of leaving office.
andidleWDateof Election................................................................. and office sought,if different than Palm 1;......................................................................................................................................................................................
4. Sichedule Surnmar (must complete) ► TotSll number of gages including this cover page:
Schedules attached)
0 Schedule A-1 -investments schedule attached Schedule C-Income„ Loans, & Business Posrions-schedule attaachied'
El Schedlule - • Investments schedullVe attached Schedule D. Income- Gifts-schedide attached
El Schedule B.Deaf Property-scheduie attached 0 Schedule E,Income.- Gifts.- Travel PaMents TM-schedulie attached
. r.
E faros . No reportable interests on any schedule
a Verification
MruflVNGADDPEs'S STREET GOTY STATE UP CODE
(ausrrmess or Agency Address Rom ariended Rb c Doci vn(i
Manta Ana CA 92701
C�Pi1t"1fVIr�E TELEF�r�aR'E IN�r4lUat'aEFd nREs
II have used all reasonable diligence in prep�alri�ng this stateument�. I have reviewed this staternent and to the best of my know edge the info nma ono contained
(herein and in any attached schedules is true and complex I acknowledge this is a public document,�
V certify under penal perjury,under the laws of the State of California that the foregoing is trine and correct.
Date Signed 03 f311/°2021 Signature.. 1s i Sadadh rtattmcos
irwa,rrrrr,day,yi5aj rw4h pur d Dflid a,p
i Form 70tO (2t111 12011'g)
i Advice Entail:adviice@fppc.caw.gov
i Toll-(Free lHlelpllne. 866127 a- '772 www.fppe.ca.gov
011400056 NFII-0056
---------------------------------------------------------------------------------------------------------
0%0%
SCHEDULE C CALIFORNIA F ORM 7UU
Income, Loanis, & �Businiess, FAAR POLITICAL PWTICIES COMAUSSION
Positions IName
(Othier than Gifts and Travel Payrnerents) Ramos, Isuri Sadaculy...............................
0-� 1. INCOME RECIEnfED 01� 11�INCOME RECEIVED
INAMIE OF SOURCE OF INCOME NAME OF SOURCE OF INCOME
Thct Kennedy Commiesdon
ADDRESS (flusimss Acbress A cce&bk?) ADDRESS(&xrsineas Addr*ss Accq)IaMo
Irvine, CA 92614
BUSINESS ACTIVITY, IIP ANY„01F SOURCE BUSINESS ACTIVITY,IF ANY, OF SOURCE
.......................................................................................................................................................................................................................................................................................................................................... .........................................................................................................................................................................................................................................................................................................................................
YOUR BUSINESS POSITION YOUR BUSINESS POSITION
GROSS INCOME RECEIVED No Incorne Business PoWtIon Only GROSS IIN OME RECIEWED F] No IInooma ausiness Powtion Only
wo $1,000 $1,0011 $10,0�Oo F1 r0 $1,000 F1 1,0,01 $10,00,0
Ex] $10,001, $100,000 OVER $100,000 El s1o,0011 sliuo,om [-] OVER $100,000
CONSIDERATION FOR WHIcH IIN,COME WAS, RECIEWED CONSIDERATION FOR WHICH INCOME WAS RECEIVED
ff] S�aliairy E] Spouse's or regirskered doniestic partner's,inome 0 Saary E]Spouse's or irspolstsrrsd dornesbc pairtneirs iInwrns,
(For serf ernployed use SeNrMule A 2,) (Frw seff errployed use Schedule A 2.)
Partnership(Loss than 10%ownership. For 10%0(groateir U%e [:]P,aanerlhlp(LAsslhanlO%ownerslhip. Farr lO%or great oruse
SchedWe A 2) ScftedWe A 2.)
EJ sale of Sale at
(ReWparpody,cN,brot,o6c) (RaW prrvady,cm,hcwd,eft:)
I w3rt repayn,ient I oan rapayn,ient
commisslon,or Rental InCome, AV eoch riowtv of Sra000 or frvnp M Comirnisson or RenIlall InCom,e, hi each scvroo of$10,000 r ore
EjOther....................................................................................................................................................................................................................... Other......................................................................................................................................................................................................................
jarncrrbe) (Dosofit*)
2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
You are not required to report lloans fromi a corTirrileircial lending Institution, or any indebtedness created as part of
a retail installment or credit card transaction, niade in the lender's regular course of bUSiness on terrns available to
mernbeirs of:the public without regard to your official status. Personal loans and loans received not in a lender's
regular course o�f business miust be disclosed as follows:
NAME OF LENDEW II"RATE "TERM(Months/Years)
[j None
ADDRESS(Business Address A ccieptable)
SECURITY FOR LOAN
BUSINESS ACTIVITY, iF ANY,OF LENDIER [] Nor* Personal residenoe
El Real Property
HIIGHEST BALANCE DURING REPORTING PERIOD
El $1,00, $10,000 Guarantor.................................................................................................................................................................................
�El $10,001 $100,000
�F] OVER $100,000 El otler
Comments'.
FPPC Form 700 (2018120119),$ch. C
FPPC Advice Email.-advI1ce@1ppc.ca.g0v
FPIPC Toll-Frain He$phne: 8661275-3772 www.fppic.ca,gov
Councilwoman Phan Statement of Economic Impact
Forms
01140005E...NFII-00 a s
MMMMMMMi ui�in n� Data iniNiiat FN ng Received
• ` "� �I STATEMENT OF ECONOMIC INTERESTS rrud orurrw�,uUs"("
i I.J.r. Ary
FAIR POLITICAL PRACTICES COMMISSION F Filie,,d
A PUBLIC DOCUMENT COVER PAGE
V"iliuo 1 II,w.
Ptease type or print in aorta. �P rPrra
M,navi
NAME Of FIILEIR (LAST) (FIRST) MIID[Gflw.E)
1, Office, Agency, or Court
Agency Name (Do not use aloronymTsp
Division,ision, Board, Department, Distinct, f6 applicable your Position
cilrr CrmTTraCIL t"anCTTwiCTT:.µrCP«1TTTTR.
r• If dtliin�g for nmultiple positions„Iilst below or oni an attachment, (Do not use acranyrmis)
Agency: *'SSE ATI'AC ED FOR ADD T TION POSITIONS Position:
Z Jurisdiction Of Office (Check at least one a, )
State Judge,IRetwed !fudge,P''ro Tom Judge,ar Court Gommrmtssuier�
( tatemwride Ju n adichoin)
t�fuullii-County................................................................................................................................... f6oumt ot...............................................................................................................................................................,.
n n Y
u pity of Santa &na F-1 Other
I Type of Statement (Check at least one boor)..
Annuall.The period covered is.January t„ 2020 through E..1 t.eawring Oli fate Lett ......................1 �
ecernb�er 31, 2 120 (Check one dirclle�)
or C
The period covered is throughc,) The per od covered us January 1,2flpft through the dale olf
�� a
December 31, 2020, leawaung office-
El Assiuming Office: Data assumed 0 The period covered is I I through the date
of leaving office.
DandIda ten Date of Election................................................................. and office Sought,if dliif'ferent than Pain 1;......................................................................................................................................................................................
4. Sichedule Surnrmar (mustcomplete) ► Total number of pages including this cover page: 4
Schedules attached)
0 Schedule 1 -investments schedule attached Schedule C-Income, Loans, & Business Positions-schedule attached'
Schedule - • fnuestrmeruts schedulle attaclhned Schedule D. Income- Gifts-schedide affached
Schedule S.Deaf Property.. schedule affachuedd 0 Schedule E,Income.- Gifts.- Travel Puaynuents TM-schedulie attached
. r.
E Muria . No reportable interests on any schedule
a Verification
MruflVrTG ADDPE S STREET CITY STATE UP CODE
(aushess or Agency Address Rom Preeaded Rb c Draoa; vn(f
Santa Anse CA 92.704
CTPi1t"TnIp�E TELEFTm�TR'E INa4lUaT'n3EFd E r„ IL dWCaCTIRER
II have used all reasonable diligence in prep�alri�ng this,statement. I have revii thins,statement and to thie best of my knowied�ge the info nnatGon contained
herein and in any attached schedules is true aind complete I acknowledge this is a public document,�
V certify under penalty of perjury,under the laws of the State of California that the foregoing IS trine and correct.
Date Signed fmlf rw/20 1 Signature.. PHAN
(Ynooiih,day,y�NbJ (Fwb ft aoiraak 50re&dTorsaer8iiskrm*of rw4h pur ffing d )
FPP,C Form 70tf .Cover Page (2020120,21)
advice@fppic,ca.gov fppc.ce.goau*866- 7'a'-377 '* ut r.fppc.ca.gov
O1140OO56 NFI-1-0056
STATEMENT OF ECONOMIC INTERESTS CALIFORNIAFORm 700
COVER PAGE FAIR POUTICAL PRACTICES COMMISSION
�Expand�ed Statement Attachment Narrie
THAI VIET PHAN
This table lists all positions including the prinary position listed in the office, Agency, or Court section of the covpr Page.
Agency Dlivision/Board/Dept/Diistrict Position Type of Statement
CITY OF SP14TA P14A PLANNING COMMISSION COMMISSIONER Puinual 1/l/2020 - 12/31/2020
CITY OF SANTA ANA CITY COUNCIL CALHDIDATE Annual 1/l/2020 - 12/31/2020
CITY OF SANTA ANA CITY COUVICIL COUNCILMEMBER Annual 1/1/2020 - 12/31/2020
FP,PIC Form 7'00 - Cover Page Expanded (202012021)
advice@fppic,ca.gov*866-275-3772*www.fppc.ca,gov
011400056 NFII-0056
CALIFORMA FORMMU
SCHEDUL,E B FAIR POUTICAL PRACTICES C0111103311014
Interests in Real Property Name
(Indkidilng Rental Incorne)
-PH AN, THAT VIET
10 ASSESSOR'S PARCEL INUMIBER OR STREET ADDRESS ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS
2680 West, Segerstrom Avenue
CITY UTY
Santa Ana
FAIR MARKET VALUE IF APPLICABLE, Lis r DATE': FAIR!MARKETVALLIE DF APPLICABLE, LIST DATE':
F-] $2,000 $10,00,13 E] S2,000 $1 0,D00
$
10'r ioi $1010,000 ....... 2'"0" F $10,1001 $1100,00 0 -------j...............j2_0- --------/...............1-2 0
[—X1 $100,001 $1,0,00,0100 ACQUIRED DISPOSED ❑ $100,001 $1,0100,000, ACQUIRED DISPOSED
E1.] over!S1,000,00o F1 Over$1,000,000
NATURE OF INTEREST NATURE OF INTEREST
[:] OwnershjpD�eed ol'Truist Owners h ilp/Deed of Trust F- sorrent Ea Easement
Leasehdd Leasalhaid, E]
Yrs,renvk0nq other yrs, rernainkyu 004(mr
IF RENTAL PROPERTY,GROSS INCOME RECEIVED IF RENTAL PROPERTY,GROSS INCOME RECEIVED
so $49 F] $500 $1,000 [-] sl,00i $10„010,0 F] $0 $4,99 D$,5,00 $1,00o F] $1,DO1 $10,0010
❑ $10,0101 s1olo,o0a ❑ OVER $100,000 El va,00s siloo,000 ❑ OVER$100,00)
SOURCES OF RENTAL INCOME If you own a 10%or gireater SOURCES OF REINTAIL INICOME: If you own to 10%,or greater
interest, fist the rmme o�f each termnt that is a s,IngIe source of k-iterest, list the name of each tenant that Is a singW source of
Income of$10,000 or more, Inoonie of$10,0010 or more,
Nonel ❑ Nom
You cure not reqUlred to repoirt loans frorn a commercial lendlinig institution imade in the lender's regular course of
bus,iness on,terms available to members of the Ipublic without regard to uir offici4l statuis. Personal loans and
loans received not in,a lender's regulair course of business must be disclosed as follows:
NAMIE OF LENDER* INAMIE OF LENDER'
AIDDRESS (Busirviss Ack1ress Accellabhj) ADDRESS (Bwskieoss Address Acerptabie)
BUSINESS ACTIVITY, IIIF ANY,OF LENIIDEIR BUSINESS ACTIVITY, IIF ANY,OF LEINDIER
INTEREST RATE TERM(MonthsfYeafs) IN rERES:r RATE TERM(MontWYears)
jNone ------------------------------------------------ None
HIIGHIE$T BALANCE DURING REPORTING PERIOD IHIGHEST BALANCE DURING REPORTING PERIOD
s5w 1„I�� f..al$1,0o1 $10,010o $51)o $1,000 $1,0o01 $110,000
$10,001 $100,DG0 ❑ OVER$100,000 ❑ $10,001 $100,0()o OVER $100,1000
Guarairdoir,If applicable Guarantor,ff applicable
Comments:
FPP C Form 700 Schedluile It (20120)2021i)
advIce@fppc.ca.gov#866-275-3772#www.fppc.ca.go,v
011400056 NFII-0056
---------------------------------------------------------------------------------------------------------
0%0%
SCHEDULE C CALIFORNIA F ORM 7UU
Income, Loanis, & �Businiess, FAAR POLITICAL PWTICIES COMAUSSION
Positions IName
(Othier than Gifts and Travel Payrneruts) PHAN, THAI VIET
...........................................................
0-� 1. INCOME RECIElIfED 01� 11�INCOME RECEIVED
INAMIE OF SOURCE OF INCOME NAME OF SOURCE OF INCOME
Rutarn & Tuc:kctr, LL,P
ADDRESS (flusirms Acbress A cce&bk?) ADDRESS(&xrsineas Addr*ss Accq)IaMo
COSTA MESA, CA 92626
BUSINESS ACTIVITY, IIP ANY,01F SOURCE BUSINESS ACTIVITY,IF ANY, OF SOURCE
.......................................................................................................................................................................................................................................................................................................................................... .........................................................................................................................................................................................................................................................................................................................................
YOUR BUSINESS POSITION YOUR BUSINESS POSITION
Rutart & Tucker, LLP
GROSS INCOME RECErVED No Incorne Business PoWtIon Only GROSS IIN OME RECIEWED F] No Ilncrrnr auslness Powtion Only
wo $1,000 $1,0011 $10,0�Oo F1 r0 $1,000 F1 1,0,01 $10,00,0
El $10,001, $100,000 OVER $100,000 El s1o,0011 sliuo,000 [:] OVER $100,000
CONSIDERATION FOR WHIcH IIN,COME WAS, RECIEWED CONSIDERATION FOR WHICH INCOME WAS RECEIVED
ff] S�aliairy E] Spouse's or regirskered doniestic partner's,inome 0 Saary E]Spoulse's or iregPskerrsun dornesbc pairtneirs iInwrrcne,
(For serf ernployed use SeNrMule A 2,) (Fug seff errployed use Schedule A 2.)
Partnership(Loss than 10%ownership. For 10%orgreateir U%e [:]P,aanerlhlp(LAsslhanlO%ownerslhip. For lO%or great oruse
SchedWe A 2) ScftedWe A 2.)
EJ Sale of Sale Of
(ReWparpody,cN,brot,o6c) (RaW prrvady,cm,hcwd,eft:)
I w3rt repayn,ient I oan rapayn,ient
commission,or Rental InCome, AV eoch riowtv of Sra000 or f rp M Comirnlssion or RenIlall InCom,e, hi each scvroo of$10,000 r ore
EjOther....................................................................................................................................................................................................................... Other......................................................................................................................................................................................................................
jar%icrrbe) (Dosofitv)
2.ILOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
You are not required to report lloans fromi a comrrileircial lending Institution, or any indebtedness created as part of
a retail installment or credit card transaction, niade in the lender's regular course of bUSiness on terrns available to
mernbeirs of:the pubilic without regard to your Official status. Personal loans and lo�ans received not in a lender's
regular course o�f business ITI be disclosed as follows:
NAME OF LENDEW INTEREST RATE "TERM(Months)Years)
[j None
ADDRESS(Business Address Acceptable)
SECURITY FOR LOAN
BUSINESS ACTIVITY, OF ANY,OF LENDER [] Nor* Personal residenoe
El ReAl Property
HIIGHEST BALANCE DURING REPORTING PERIOD
El $1,00, $10,000 Guarantor.................................................................................................................................................................................
�El $10,001 $100,000
�F] OVER $100,000 El otler
Comments'.
FPPC Form 700 Schedulle C (202012021)
advI1ce@fpp,c.ca.gov#8616-275-3772,www.fp�p�c:.ca.gov
Rutan and Tucker Builders and Land Developers Team
page
12/2/21,3:21 PM Builders and Land Developers-Rutan&Tucker, LLP
Rutan offers the highest quality legal services to the building and land development industry to
ensure our clients succeed in the complex real estate market.
Our Builders and Land Developers industry is comprised of a team of highly qualified attorneys who
specialize in assisting clients with due diligence, acquisitions, entitlements, construction, and all
related matters for commercial, industrial, mixed use and residential projects.We have combined the
talents and experience of top echelon transactional attorneys and litigators from a variety of practice
areas to provide our clients with the highest quality and most comprehensive legal coverage for all
their building and land development needs. Our attorneys know the building industry and have
worked with builders to successfully deliver projects for decades, including routinely guiding a
project from t e due diligence/land acquisition stage,through the entitlement process - including
compliance with the California Environmental Quality Act (CEQA) and the local political process - and
ultimately to the sale or leasing of the finished product. Should litigation arise following project
approval,we have experienced trial attorneys that are uniquely equipped to protect the interests of
our clients. We are uniquely suited to assist clients with any and all business, legal,or regulatory
matters that may arise.
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December 1, 2021
Fair Political Practices Commission
Enforcement Division
1102 Q Street, Suite 3000
Sacramento, CA 95811
Also sent via email to.c..oinn„I!.g ntj�fl.1I. ;oL2,g2y
Santa Ana City Clerk
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to .grainzirt :giroraiwg
Santa Ana City Attorney
20 Civic Center Plaza
Santa Ana, CA 92701
�ll�raG����i�t� �i��oraiwg.
Also sent via emailscary
to..............................................................R....................................................................................
Regarding: Complaint regarding Conflict of Interest by City Councilwoman Thai Phan
To Whom it May Concern,
On November 16, 2021, the Santa Ana City Council considered the first reading of the amendment to
the HOO.
I ttl :...; yp.utu.I „Lll. IWI C /IWIIWIJ C (Santa Ana Council Nov. 16 The video of the hearing can be found at ,
2021-English, published by City of Santa Ana).
At Hour 6, minute 35, Councilwoman Thai Phan dismisses an alleged conflict of interest of a City
Planning Commissioner. A practicing City Attorney herself, Phan apparently doesn't understand that a
conflict of interest is not excused based on an item being legislative rather than quasi-judicial. There is
simply no premise for the concept that legislative acts do not have conflicts of interest and to argue such
is to turn the entire Government Code section on its head.
Councilmember Thai Phan is an attorney at the law firm of Rutan &Tucker which represents many
residential developers directly affected by the HOO amendments. She has an un-waivable conflict of
interest which prohibits her from participating on the HOO item. Conflicts of interest do not say that a
decision maker with a conflict of interest can only participate if they vote against the interests of their
clients, it is a total bar to participation.
It would be unbelievable for Phan to argue that her firm's numerous developer clients would
hypothetically have nothing to do with her cutting the fee to $0 to benefit her clients, but she appears
to believe that voting to increase the fee (and adding a completely illegal condition of mandating "skilled
and trained workforce"for all housing beginning in 2025) has no economic impact on her firm's clients.
Attached to this complaint is a print out of the Rutan &Tucker website showing that Thai Phan is a
member of the firm's "Builders and Land Developers Team" page. Also attached is a copy of her
Statement of Economic Interests form. While it is arguable whether a lawyer may list ONLY their law
firm as a source of income over$10,000 and thus shield their actual clients from disclosure to the public,
1
it is simply not believable that Thai Phan derives income from representing builders and developers in
the community. This source of income is a total bar to her participation on matters such as the HOO
amendment and,while she may argue that it is a Ibroadlly applied ordinance in the City, the facts acre that
a Venn:diagram showing the entities subject to the HOO and Rutan andl Tucker's Builder and Developer
clients would be largely the same group of people.
......................
SUN
......................
,,,..........
Rutan and Tucker is a regional law firm who represents many Orange County clients. Rutan and Tucker
has practice areas such as corporate and tax,or employment,or intellectual property which are clearly
not a conflict of interest for the firm,and Phan on a land use matter,however, Phan works on,the Team
which services Ibuildeirs and developers and is participating in,a municipal question directly related to
her practice area and likely, clients.
To put an even more specific point on the matter,Councilimember Phan's colleague at Ratan&Tucker,
Peter Howell, represents Dallas-based real estate developer Centennial in the re-entitlement of the 49,
acre, 1.13m square foot, Santa Ana Main Place Mail, Centennial proposes to redevelop the Mail with
over 1,900 dwelhng units in what will surely amount to a,approximate$1 billion investment. The impact
of Councillmem,be,r Phan's decision on the HOO wevillll have a multi-million dollar impact to Centennial.
There was a,specific question as to whether"vested" projects were subject to the, HOO amendments,
the outcome of which has a direct economic impact on,Centennial,which hats a direct economic
connection with,Phain's employer. It defies logic(not to mention the Government Code and case law),
that Couincillmem e,r Phan would be allowed to not only partidipate, Ibut lead,the HOO discussion given
the scope of thins impact to Rutan's clients.
The code clearly states that to avoid actual bias or the appearance of possiible improprieties, a public
official with a disqualifying conflict of interest iin a government decision must be prohibited from
Participating in the decision.
2
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:
1. 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
3
01140005E...NFII-00 a s
MMMMMMMi ui�in n� Data iniNiiat FN ng Received
• ` "� �I STATEMENT OF ECONOMIC INTERESTS rrud orurrw�,uUs"("
i I.J.r. Ary
FAIR POLITICAL PRACTICES COMMISSION F Filie,,d
A PUBLIC DOCUMENT COVER PAGE
V"iliuo 1 II,w.
Ptease type or print in aorta. �P rPrra
M,navi
NAME Of FIILEIR (LAST) (FIRST) MIID[Gflw.E)
1, Office, Agency, or Court
Agency Name (Do not use aloronymTsp
Division,ision, Board, Department, Distinct, f6 applicable your Position
cilrr CrmTTraCIL t"anCTTwiCTT:.µrCP«1TTTTR.
r• If dtliin�g for nmultiple positions„Iilst below or oni an attachment, (Do not use acranyrmis)
Agency: *'SSE ATI'AC ED FOR ADD T TION POSITIONS Position:
Z Jurisdiction Of Office (Check at least one a, )
State Judge,IRetwed !fudge,P''ro Tom Judge,ar Court Gommrmtssuier�
( tatemwride Ju n adichoin)
t�fuullii-County................................................................................................................................... f6oumt ot...............................................................................................................................................................,.
n n Y
u pity of Santa &na F-1 Other
I Type of Statement (Check at least one boor)..
Annuall.The period covered is.January t„ 2020 through E..1 t.eawring Oli fate Lett ......................1 �
ecernb�er 31, 2 120 (Check one dirclle�)
or C
The period covered is throughc,) The per od covered us January 1,2flpft through the dale olf
�� a
December 31, 2020, leawaung office-
El Assiuming Office: Data assumed 0 The period covered is I I through the date
of leaving office.
DandIda ten Date of Election................................................................. and office Sought,if dliif'ferent than Pain 1;......................................................................................................................................................................................
4. Sichedule Surnrmar (mustcomplete) ► Total number of pages including this cover page: 4
Schedules attached)
0 Schedule 1 -investments schedule attached Schedule C-Income, Loans, & Business Positions-schedule attached'
Schedule - • fnuestrmeruts schedulle attaclhned Schedule D. Income- Gifts-schedide affached
Schedule S.Deaf Property.. schedule affachuedd 0 Schedule E,Income.- Gifts.- Travel Puaynuents TM-schedulie attached
. r.
E Muria . No reportable interests on any schedule
a Verification
MruflVrTG ADDPE S STREET CITY STATE UP CODE
(aushess or Agency Address Rom Preeaded Rb c Draoa; vn(f
Santa Anse CA 92.704
CTPi1t"TnIp�E TELEFTm�TR'E INa4lUaT'n3EFd E r„ IL dWCaCTIRER
II have used all reasonable diligence in prep�alri�ng this,statement. I have revii thins,statement and to thie best of my knowied�ge the info nnatGon contained
herein and in any attached schedules is true aind complete I acknowledge this is a public document,�
V certify under penalty of perjury,under the laws of the State of California that the foregoing IS trine and correct.
Date Signed fmlf rw/20 1 Signature.. PHAN
(Ynooiih,day,y�NbJ (Fwb ft aoiraak 50re&dTorsaer8iiskrm*of rw4h pur ffing d )
FPP,C Form 70tf .Cover Page (2020120,21)
advice@fppic,ca.gov fppc.ce.goau*866- 7'a'-377 '* ut r.fppc.ca.gov
O1140OO56 NFI-1-0056
STATEMENT OF ECONOMIC INTERESTS CALIFORNIAFORm 700
COVER PAGE FAIR POUTICAL PRACTICES COMMISSION
�Expand�ed Statement Attachment Narrie
THAI VIET PHAN
This table lists all positions including the prinary position listed in the office, Agency, or Court section of the covpr Page.
Agency Dlivision/Board/Dept/Diistrict Position Type of Statement
CITY OF SP14TA P14A PLANNING COMMISSION COMMISSIONER Puinual 1/l/2020 - 12/31/2020
CITY OF SANTA ANA CITY COUNCIL CALHDIDATE Annual 1/l/2020 - 12/31/2020
CITY OF SANTA ANA CITY COUVICIL COUNCILMEMBER Annual 1/1/2020 - 12/31/2020
FP,PIC Form 7'00 - Cover Page Expanded (202012021)
advice@fppic,ca.gov*866-275-3772*www.fppc.ca,gov
011400056 NFII-0056
CALIFORMA FORMMU
SCHEDUL,E B FAIR POUTICAL PRACTICES C0111103311014
Interests in Real Property Name
(Indkidilng Rental Incorne)
-PH AN, THAT VIET
10 ASSESSOR'S PARCEL INUMIBER OR STREET ADDRESS ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS
2680 West, Segerstrom Avenue
CITY UTY
Santa Ana
FAIR MARKET VALUE IF APPLICABLE, Lis r DATE': FAIR!MARKETVALLIE DF APPLICABLE, LIST DATE':
F-] $2,000 $10,00,13 E] S2,000 $1 0,D00
$
10'r ioi $1010,000 ....... 2'"0" F $10,1001 $1100,00 0 -------j...............j2_0- --------/...............1-2 0
[—X1 $100,001 $1,0,00,0100 ACQUIRED DISPOSED ❑ $100,001 $1,0100,000, ACQUIRED DISPOSED
E1.] over!S1,000,00o F1 Over$1,000,000
NATURE OF INTEREST NATURE OF INTEREST
[:] OwnershjpD�eed ol'Truist Owners h ilp/Deed of Trust F- sorrent Ea Easement
Leasehdd Leasalhaid, E]
Yrs,renvk0nq other yrs, rernainkyu 004(mr
IF RENTAL PROPERTY,GROSS INCOME RECEIVED IF RENTAL PROPERTY,GROSS INCOME RECEIVED
so $49 F] $500 $1,000 [-] sl,00i $10„010,0 F] $0 $4,99 D$,5,00 $1,00o F] $1,DO1 $10,0010
❑ $10,0101 s1olo,o0a ❑ OVER $100,000 El va,00s siloo,000 ❑ OVER$100,00)
SOURCES OF RENTAL INCOME If you own a 10%or gireater SOURCES OF REINTAIL INICOME: If you own to 10%,or greater
interest, fist the rmme o�f each termnt that is a s,IngIe source of k-iterest, list the name of each tenant that Is a singW source of
Income of$10,000 or more, Inoonie of$10,0010 or more,
Nonel ❑ Nom
You cure not reqUlred to repoirt loans frorn a commercial lendlinig institution imade in the lender's regular course of
bus,iness on,terms available to members of the Ipublic without regard to uir offici4l statuis. Personal loans and
loans received not in,a lender's regulair course of business must be disclosed as follows:
NAMIE OF LENDER* INAMIE OF LENDER'
AIDDRESS (Busirviss Ack1ress Accellabhj) ADDRESS (Bwskieoss Address Acerptabie)
BUSINESS ACTIVITY, IIIF ANY,OF LENIIDEIR BUSINESS ACTIVITY, IIF ANY,OF LEINDIER
INTEREST RATE TERM(MonthsfYeafs) IN rERES:r RATE TERM(MontWYears)
jNone ------------------------------------------------ None
HIIGHIE$T BALANCE DURING REPORTING PERIOD IHIGHEST BALANCE DURING REPORTING PERIOD
s5w 1„I�� f..al$1,0o1 $10,010o $51)o $1,000 $1,0o01 $110,000
$10,001 $100,DG0 ❑ OVER$100,000 ❑ $10,001 $100,0()o OVER $100,1000
Guarairdoir,If applicable Guarantor,ff applicable
Comments:
FPP C Form 700 Schedluile It (20120)2021i)
advIce@fppc.ca.gov#866-275-3772#www.fppc.ca.go,v
011400056 NFII-0056
---------------------------------------------------------------------------------------------------------
0%0%
SCHEDULE C CALIFORNIA F ORM 7UU
Income, Loanis, & �Businiess, FAAR POLITICAL PWTICIES COMAUSSION
Positions IName
(Othier than Gifts and Travel Payrneruts) PHAN, THAI VIET
...........................................................
0-� 1. INCOME RECIElIfED 01� 11�INCOME RECEIVED
INAMIE OF SOURCE OF INCOME NAME OF SOURCE OF INCOME
Rutarn & Tuc:kctr, LL,P
ADDRESS (flusirms Acbress A cce&bk?) ADDRESS(&xrsineas Addr*ss Accq)IaMo
COSTA MESA, CA 92626
BUSINESS ACTIVITY, IIP ANY,01F SOURCE BUSINESS ACTIVITY,IF ANY, OF SOURCE
.......................................................................................................................................................................................................................................................................................................................................... .........................................................................................................................................................................................................................................................................................................................................
YOUR BUSINESS POSITION YOUR BUSINESS POSITION
Rutart & Tucker, LLP
GROSS INCOME RECErVED No Incorne Business PoWtIon Only GROSS IIN OME RECIEWED F] No Ilncrrnr auslness Powtion Only
wo $1,000 $1,0011 $10,0�Oo F1 r0 $1,000 F1 1,0,01 $10,00,0
El $10,001, $100,000 OVER $100,000 El s1o,0011 sliuo,000 [:] OVER $100,000
CONSIDERATION FOR WHIcH IIN,COME WAS, RECIEWED CONSIDERATION FOR WHICH INCOME WAS RECEIVED
ff] S�aliairy E] Spouse's or regirskered doniestic partner's,inome 0 Saary E]Spoulse's or iregPskerrsun dornesbc pairtneirs iInwrrcne,
(For serf ernployed use SeNrMule A 2,) (Fug seff errployed use Schedule A 2.)
Partnership(Loss than 10%ownership. For 10%orgreateir U%e [:]P,aanerlhlp(LAsslhanlO%ownerslhip. For lO%or great oruse
SchedWe A 2) ScftedWe A 2.)
EJ Sale of Sale Of
(ReWparpody,cN,brot,o6c) (RaW prrvady,cm,hcwd,eft:)
I w3rt repayn,ient I oan rapayn,ient
commission,or Rental InCome, AV eoch riowtv of Sra000 or f rp M Comirnlssion or RenIlall InCom,e, hi each scvroo of$10,000 r ore
EjOther....................................................................................................................................................................................................................... Other......................................................................................................................................................................................................................
jar%icrrbe) (Dosofitv)
2.ILOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD
You are not required to report lloans fromi a comrrileircial lending Institution, or any indebtedness created as part of
a retail installment or credit card transaction, niade in the lender's regular course of bUSiness on terrns available to
mernbeirs of:the pubilic without regard to your Official status. Personal loans and lo�ans received not in a lender's
regular course o�f business ITI be disclosed as follows:
NAME OF LENDEW INTEREST RATE "TERM(Months)Years)
[j None
ADDRESS(Business Address Acceptable)
SECURITY FOR LOAN
BUSINESS ACTIVITY, OF ANY,OF LENDER [] Nor* Personal residenoe
El ReAl Property
HIIGHEST BALANCE DURING REPORTING PERIOD
El $1,00, $10,000 Guarantor.................................................................................................................................................................................
�El $10,001 $100,000
�F] OVER $100,000 El otler
Comments'.
FPPC Form 700 Schedulle C (202012021)
advI1ce@fpp,c.ca.gov#8616-275-3772,www.fp�p�c:.ca.gov
12/2/21,3:21 PM Builders and Land Developers-Rutan&Tucker, LLP
Rutan offers the highest quality legal services to the building and land development industry to
ensure our clients succeed in the complex real estate market.
Our Builders and Land Developers industry is comprised of a team of highly qualified attorneys who
specialize in assisting clients with due diligence, acquisitions, entitlements, construction, and all
related matters for commercial, industrial, mixed use and residential projects.We have combined the
talents and experience of top echelon transactional attorneys and litigators from a variety of practice
areas to provide our clients with the highest quality and most comprehensive legal coverage for all
their building and land development needs. Our attorneys know the building industry and have
worked with builders to successfully deliver projects for decades, including routinely guiding a
project from t e due diligence/land acquisition stage,through the entitlement process - including
compliance with the California Environmental Quality Act (CEQA) and the local political process - and
ultimately to the sale or leasing of the finished product. Should litigation arise following project
approval,we have experienced trial attorneys that are uniquely equipped to protect the interests of
our clients. We are uniquely suited to assist clients with any and all business, legal,or regulatory
matters that may arise.
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f BU I LDI NG I N DUSTRY OF SOUTH ERN CALI FORN IA, I NC.
ORANGE COUNTY CHAPTER
I
EXECUTIVE COMMITTEE
December 7, 2021
PPESIDENT
SUNTI KUMIIM
Mayor Vicente Sarmlento
y MBK RENTAL LIVING
City of Santa Ana
22 Civic Center Plaza
Santa Ana, CA 92701 1�T VICE PRESIDENT
EPIC NELSON
TPUMAPK HOMES
Dear Mayor and Council,
TREASURER
On November 16, 2021,the City Council for the City of Santa Ana("City")held a public hearing BPOOKE DOI
during which it addressed Zoning Amendment No. 2021-03 ("Repealing and Reenacting in its SHEA HOMES
Entirety Article XVIILI. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance"). The Orange County Chapter of the Building Industry Association of SECPETAPY
Southern California(`BIA/OC")objects to the scope of the City Council's changes to the Housing NICOLE MUPPAY
Opportunity Ordinance ("HOO") after it was introduced. For the reasons set forth in this letter, TAYLOP MOPPISON
BIA/OC respectfully requests that the new, re-imagined HOO ordinance be sent back to the
Planning Commission for further review and public input. TRADE CONTPACTOP VP
ALAN BOUDPEAU
On the night of November 16,and into the early morning of the next day,the City Council proposed BOUDPEAU PIPELINE
a dizzying array of amendments to the HOO ordinance, fundamentally changing what had been
publicly vetted. As detailed below, the Council made a variety of substantive, non-clerical, and
non-typographical changes that the public, the Planning Commission, and City Staff never had a ASSOCIATE MEMBEP VP
MARK HIMMELSTEIN
chance to review,including: NEWMEVER&DILLION,LLP
• Altering priorities for the use of the inclusionary housing fund not directly
relating to the production of affordable housing units; MEMBEP AT LAPGE
PETER VANEK
• Altering inclusionary rates for for-sale units; INTPEGAL COMMUNITIES
• Mandating skilled and trained workforce and local hire,phased in at two levels;
O November 16, 2021 to December 31, 2025: MEMBEP AT LAPGE
• $15: no requirements SEAN MATSLEP
■ $10: 30 percent skilled and trained workforce and two trades, Cox,CASTLE,a NICHOLSON LLP
and 20 percent local hire
■ $5: 60 percent skilled and trained workforce and three trades, IMMEDIATE PAST PPESIDENT
and 20 percent local hire PICK WOOD
O January 1, 2026 onward:
■ $15: 30 percent skilled and trained workforce and 35 percent
local hire VICE PPESIDENT,OC CHAPTEP
■ $10: 60 percent skilled and trained workforce and 35 percent ADAM WOOD
local hire BIASC
■ $5: 90 percent skilled and trained workforce and 35 percent local
hire
• Incorporating a 4/5 vote requirement for future amendments
I
17192 M U R P HY AVE#14445,1 RV I N E,CA 92623
949-553-9500 1 BIAOC.COM
The amendments run afoul of the City Charter's explicit restrictions on changing the"general scope"of the
proposed HOO ordinance after its introduction. (City Charter Art. IV, Div. 2, Sec. 413 ["A proposed
ordinance may be amended or modified between the time of its introduction and the time of its final passage,
providing its general scope and original purpose are retained."].) Because the proposed amendments
changed the "general scope" of the ordinance by substantively altering its provisions, the proposed
ordinance must be re-introduced before adoption, allowing for another waiting period to pass before the
modified ordinance can be adopted.' This important step helps to ensure that laws, especially those as
consequential as the HOO, are drafted carefully and are provided with a full and open review by the public
before their ultimate approval.'
The City Council's vote on the HOO amendments provides context on why these guardrails should be in
place. When the City Council voted on the Mayor's substitute motion containing the variety of newly
proposed amendments—introduced mere minutes before the rushed vote at approximately 1:30 am—the
voting screen only stated"Substitute motion"without providing additional context about the exact changes
proposed. Because of the proposed ordinance's changed scope,it appeared that some City Councilmembers
were confused over what was proposed while they cast votes on those very amendments. The HOO
amendments were a moving target, even up until the final seconds before their early morning approval.
BIA/OC objects to the changes to the HOO introduced by the City Council and respectfully requests that
the motion approving the rushed array of new amendments changing the ordinance's general scope be sent
back to the Planning Commission for further review.
Sincerely,
Adam Wood
Vice President
Building Industry Association of
Southern California
Orange County Chapter
i Foley, Ordinances and Resolutions:Practice Tips for Effective Legislation,League of California Cities Annual
Conference<https://www.cacities.org/uploadedfiles/leagueintemet/53/530f101f-f778-47cf-8995-3fca3e8bal29.pdf>
(as of December 1,2021), stating"Alterations(other than for typographical or clerical errors)prior to second
reading require re-introduction for all non-urgency ordinances" (emphasis added).
'How Local Agencies Make Things Happen,Institute for Local Government(June 2014)<https://www.ca-
ilg.org/sites/main/files/file-attachments/how_agencies_make_things_happen_june_2014.pdI>(as of December 1,
2021),stating"If substantive changes are made to a proposed ordinance after it is first introduced, it generally will
need to be re-introduced and another waiting period must pass before the modified ordinance can be
adopted.These steps ensure that laws are drafted as carefully as possible and to ensure that a full and open review
of the ordinance occurs that permits the public to review and comment on the proposed law prior to its approval"
(emphasis added).