HomeMy WebLinkAboutItem 26 - Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions City Manager’s Office
www.santa-ana.org/cm
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions
to Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election
Commission and California Fair Political Practices Commission Enforcement Actions
AGENDA TITLE
Ordinance Adding Article XII Entitled Disclosure of Certain Enforcement Actions to
Chapter 2 of the Sana Ana Municipal Code Requiring Disclosure of Federal Election
Commission and California Fair Political Practices Commission Enforcement Actions
RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance adding Article XII entitled Disclosure of
Certain Enforcement Actions to Chapter 2 of the Santa Ana Municipal Code requiring
disclosure of Federal Election Commission and California Fair Political Practices
Commission enforcement actions:
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADDING ARTICLE XII ENTITLED DISCLOSURE OF
CERTAIN ENFORCEMENT ACTIONS TO CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE REQUIRING DISCLOSURE OF FEDERAL ELECTION
COMMISSION AND CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION
ENFORCEMENT ACTIONS FOR CERTAIN LICENSES, PERMITS OR OTHER
ENTITLEMENTS FOR USE
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The proposed ordinance requires that any party or participant involved in the application
for a license, permit, or entitlement for use disclose final enforcement actions taken by
the Federal Election Commission (FEC) or the California Fair Political Practices
Commission (FPPC). These disclosures are aimed at ensuring transparency and
accountability in the process of granting entitlements within the City. This amendment
will ensure that the public is informed about any prior enforcement actions related to
political campaign finance, which is crucial for maintaining trust in the city's licensing
and entitlement processes.
Ordinance Requiring Disclosure of Federal Election Commission and California Fair
Political Practices Commission Enforcement Actions
May 20, 2025
Page 2
5
0
6
4
Consistent with State and Federal Regulations, by aligning with California Government
Code and federal law, this amendment ensures consistency with broader regulatory
frameworks governing political conduct and enforcement in the City of Santa Ana.
Additionally, including the enforcement disclosure in public notices and staff reports,
and requiring oral disclosure during public meetings, ensures that the community is fully
informed when reviewing applications for licenses or entitlements.
The ordinance establishes penalties for failure to disclose, which may be pursued as
either misdemeanors or infractions, at the discretion of the City Attorney or citing officer.
This flexibility in enforcement provides the City with a range of tools to address
violations of the disclosure requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The implementation of this ordinance is expected to have minimal fiscal impact. The
primary costs will be associated with notifying applicants and ensuring compliance. City
staff will need to review applications for the required disclosures and may need to make
minor updates to public notices and staff reports. The ordinance does not require
significant new infrastructure or resources.
EXHIBIT(S)
1. Ordinance Requiring Disclosure of Federal Election Commission and California
Fair Political Practices Commission Enforcement Actions
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-XXX
Page 1 of 3
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XII ENTITLED
DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS TO
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
REQUIRING DISCLOSURE OF FEDERAL ELECTION
COMMISSION AND CALIFORNIA FAIR POLITICAL
PRACTICES COMMISSION ENFORCEMENT ACTIONS
FOR CERTAIN LICENSES, PERMITS OR OTHER
ENTITLEMENTS FOR USE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Article XII entitled “Disclosure of Certain Enforcement Actions” is
added to Chapter 2 of the Santa Ana Municipal Code starting with Section 2-920 as
follows:
ARTICLE XII. – DISCLOSURE OF CERTAIN ENFORCEMENT ACTIONS
Sec. 2-920. -Definitions.
(a)“Party” shall have the same meaning as that set forth in California
Government Code Section 84308(a)(1) and as periodically amended.
(b)“Participant” shall have the same meaning as that set forth in California
Government Code Section 84308(a)(2) and as periodically amended.
(c)“License, permit or other entitlement for use” shall have the same meaning
as that set forth in California Government Code Section 84308(a)(5)(A) and as
periodically amended.
(d)“Final enforcement action” shall mean that the California Fair Political
Practices Commission and/or Federal Election Commission has issued a warning letter,
advisory letter, administrative penalty and/or fine.
Section 2. Section 2-921 shall be added to Article XII of Chapter 2 of the Santa
Ana Municipal Code to read as follows:
Sec. 2-921. – Disclosure of Federal Election Commission and California Fair Political
Practices Commission Enforcement Actions Required.
(a)Every party or participant in a proceeding involving a license, permit or other
entitlement for use shall disclose any final enforcement action taken by the
Ordinance No. NS-XXX
Page 2 of 3
Federal Election Commission or the California Fair Political Practices
Commission involving the party or participant in the last ten (10) years and
shall include the enforcement action case number, date of final enforcement
action, and nature of final enforcement action taken.
(b) Said disclosure shall be made in writing as part of the application process at
the time the party applies for any license, permit or other entitlement for use.
(c) Said disclosure shall be included as part of any public notice provided and set
forth in any staff report for any public meeting pursuant to the Brown Act
(California Government Code section 54950 et seq.) involving the party’s
application for license, permit or other entitlement for use.
(d) Said disclosure shall be made orally by any participant during public comment
at any public meeting pursuant to the Brown Act (California Government
Code section 54950 et seq.).
Section 3. Section 2-922 shall be added to Article XII, of Chapter 2 of the Santa
Ana Municipal Code as follows:
Sec. 2-922.- Penalty for violation.
(a) Every violation of this article may be charged as either a misdemeanor or as
an infraction in the discretion of the citing officer or city attorney and, upon conviction
thereof, shall be punishable as provided for in section 1-8 of this Code.
(b) Use of criminal enforcement and/or administrative citations shall not prevent
or preclude the city from seeking all other legal remedies available in court for violations
of this article.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 6. The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
ADOPTED this day of May, 2025.
_______________________
Valerie Amezcua
Mayor
Ordinance No. NS-XXX
Page 3 of 3
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance
No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of
Santa Ana on , 2025.
Date: _________________ _______________________
Jennifer L. Hall
City Clerk
City of Santa Ana