HomeMy WebLinkAboutItem 23 - Councilmember Requested Item Regarding FPPC EnforcementCITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M-31 - SANTA ANA, CALIFORNIA 92702
TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org
Councilmember-Requested Item Report
DATE
March 4, 2025
TOPIC
Ordinance requiring applicants for contracts, licenses, permits, or other entitlements for use to
disclose pending or prior FPPC and FEC enforcement.
COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and consider directing the City Manager to direct City staff to draft and bring back an
ordinance for Council consideration that would require applicants for contracts, licenses, permits,
or other entitlements for use to disclose pending or prior FPPC and FEC enforcement actions.
DISCUSSION
The City of Santa Ana is committed to transparency and is a local leader in transparency and
public participation. Our City’s robust sunshine ordinance allows for public participation through
notifications and community meetings, where members of the public can engage directly with
developers and contractors.
Developments in Santa Ana have the ability to significantly alter the character of a neighborhood
in more impactful ways than developments in other less dense cities. Developments in Santa
Ana also have the potential to yield tremendous profits for developers. It is therefore not
surprising that developers are politically active in locations they wish to develop and have been
known to contribute directly to candidates and to political action committees supporting or
opposing candidates or measures. Various reports on community impacts, such as traffic,
parking, and the environment, are made available to the public when proposed developments
meet certain criteria. Information about unlawful political activities by applicants for
developments should also be made available to the public. Given the stakes involved for both
constituents and developers and the fact that certain developments require Planning
Commission and/or City Council approval, it is imperative that stakeholders, such as residents
and businesses, be fully informed as to who is proposing development in their city and
neighborhoods, and whether they have engaged in unlawful political activity. Development can
be complex and often undertaken by corporate entities, which can create a situation where the
public sees nothing more than a corporate entity’s name on an application. This allows for
Councilmember Requested Item
Page 2 of 2
CITY ATTORNEY
Sonia R. Carvalho
CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M-31 - SANTA ANA, CALIFORNIA 92702
TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org
individuals who have violated State and Federal campaign laws to attempt to operate in the city
by hiding their identities behind a corporate entity and thus evade public scrutiny.
If the public sought to learn whether a developer had pending or prior FPPC or FEC violations,
fines, or enforcement actions, they would have to search the FPPC and FEC website for the
applicant listed on the application, but that applicant could be a corporate entity, and it would not
be clear if the principal partners or agents had pending or prior violations. Almost anything the
public may want to learn about a developer would require a level of sophistication and dedication
beyond what can or should be reasonably expected of the public.
Consumers can search professional trade organizations’ databases and easily verify
professional licenses and disciplinary action against licensees by those organizations. Attorney
licenses and discipline can be verified on State Bar websites. Medical, nursing, and other
healthcare licenses can be verified through the Medical Board of California. Accounting and
other professional licenses can be verified on the California Department of Consumer Affairs
website. Unfortunately, those databases do not list pending or prior FPPC or FEC violations and
many professionals respond to the City’s requests for contracted services.
I therefore request that the City Council direct the City Manager to direct City staff to draft and
bring back an ordinance for Council consideration that would require applicants for contracts,
licenses, permits, or other entitlements for use, including any person who files an application for,
or is the subject of, a proceeding involving a contract, license, permit, or other entitlement for
use, and any person who actively supports or opposes a particular decision in a proceeding
involving a contract, license, permit, or other entitlement for use and who has a financial interest
in the decision to disclose pending or prior FPPC and FEC violations, fines, and enforcement
actions and that those disclosures appear on any notices for public meetings, hearings, and staff
reports related to the application.
SUBMITTED BY
Councilmember Phil Bacerra