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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 HOBO and Rutan andl Tucker's Builder and Developer clients would be largely the same group of people. Rutan and Tucker is a regional law firm who represents many Orange County clients. Rutan and Tuck has practice areas such as corporate and tax, or employment, or intellectual property which are clear not a conflict of interest for the firm, and Phan on a land use matterbpAukW Phan works =Ahe which services builders and developers and i�s participating in a municipal question dire,ct�ly related Ito her practice area and likely, cl�ients. To put an even more specific point on the matter, Councilimember Phan's colleague at Rlutan & Tucker, Peter Howell, represents Dallas -based reail estate developer Centennial in the rei-eintitlement of the 49, acre, 1.13m square foot, Santa Ana Main Place Mall. Centennial proposes to redevelop the Mall with over 1,900 dwelling units in what will surely amount to a approximate $1 billion investment, The impact of Councilmember Phan's deciision on the HOO will have a multi -million dopact to Centennial. There was a specific question as to whether "vested'," projects were subject to the HOO amendments, the outcome of which has a dect economic impact on, Centennial, which hais a direct economic connection with, P'hain's employer. It defies logic (not to mention the Government Code and case law) that! Councilmember Phan would be allowed to not only participate, but lead, the HOO discussion given the scope of thiis impact to Rutan's c!lients. The code clearly states that to avoid actuail bias or the appearance of possi4fle improprieties ' a publi@ official with a disqualifying conflict of interestin a government decision must be prohibited from participating in the decision.