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December 8, 2021 <br />Fair Political Practices Commission <br />Enforcement Division <br />1102 Q Street, Suite 3000 <br />Sacramento, CA 95811 <br />Also sent via email to complaint@fppc.ca.gov <br />Santa Ana City Clerk <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Also sent via email to dgomez@santa-ana.org <br />Santa Ana City Attorney <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Also sent via email to scarvalho@santa-ana.org <br />Regarding: Complaint regarding Conflict of Interest by City Councilwoman Thai Phan <br />To Whom it May Concern, <br />This letter is an addendum to the letter dated December 1, 2021 regarding the same conflict. On <br />December 7, 2021, after receipt of that letter and with full knowledge of the issues outlined, <br />Councilwoman Thai Phan continued to participate in the HOO amendment matter and tripled down on <br />her violation of the code by making a motion to continue the item. <br />The video of the hearing can be found at https://www.youtube.com/watch?v=bFtvMlUmKnM (Santa <br />Ana Council, Dec 7, 2021-English, published by City of Santa Ana). <br />At Hour 1, minute 27, before public comments, Councilwoman Thai Phan made the following comment: <br />Thank you, Mayor. So, this afternoon, the City and 1 received a correspondence from <br />an alleged resident stating that, or alleging that 1 have a conflict of interest, calling in <br />my ethical reasoning and my judgement. This is regarding an alleged conflict on the <br />Housing Opportunity Ordinance. 1 do not believe that 1 have a conflict of interest, <br />however, out of an abundance of caution, 1 have asked the City Attorney's office to <br />seek a formal opinion letter from the FPPC regarding the Housing Opportunity <br />Ordinance. As a result, and related thereto, 1 will move and ask the Council to <br />continue Item 9 regarding the Housing Opportunity Ordinance and again, out of an <br />abundance of caution, Item 37, the General Plan Amendment until the City receives a <br />response from the FPPC. <br />The proper procedure for Councilwoman Phan would have been to recuse herself from the item <br />completely and, if the City Attorney felt that a continuance was in order, for the City Attorney to provide <br />the option to the City Council to continue the item until a response of the conflict of interest was <br />received. IT IS A SEPARATE AND ADDITONAL VIOLATION OF THE STATE LAW AND MUNICIPAL CODE FOR <br />