HomeMy Public PortalAbout24-2406 - ADDING SECTION 63120. (CONTRACTORS) TO PART 5 (BUSINESSES, PROFESSIONS, AND TRADES AND OCCUPATIONS REQUIRING A PERMIT) OF CHAPTER 3 (BUSINESS, PROFESSIONS AND TRADES) OF ARTICLE VI (TAXES AND LICENSES) OF THE CARSON MUNICIPAL CODEORDINANCE NO. 24-2406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING SECTION 63120.1 (CONTRACTORS) TO PART 5 (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS REQUIRING A PERMIT) OF CHAPTER 3 (BUSINESS, PROFESSIONS AND TRADES) OF ARTICLE VI (TAXES AND LICENSES) OF THE CARSON MUNICIPAL CODE TO REQUIRE CONTRACTORS APPLYING FOR PERMITS FOR CERTAIN LARGE PROJECTS TO
DISCLOSE LABOR VIOLATIONS
WHEREAS, the City of Carson (the <City=) fosters a culture of accountability and safety among
companies and organizations that transact business in the City; and
WHEREAS, the City strives to protect human rights, workers9 rights, and eradicate labor
exploitation by identifying and addressing labor violations, including but not limited to wage theft; and
WHEREAS, the City recognizes that companies and organizations9 compliance with labor
standards enhances public health, safety, and welfare and is in the best interest of the City and its
community; and
WHEREAS, the City desires to require contractors to disclose any pending or final determinations
for state or federal labor violations within the prior five (5) years, and make the same disclosures
applicable only to projects involving 20 or more residential dwelling units or 20,000 or more square feet
of commercial or industrial development; and
WHEREAS, these disclosures are intended to uphold fair labor and business practices for
contractors undertaking certain projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein by
this reference.
SECTION 2. CEQA. This Ordinance has been reviewed by the City Council with respect to
applicability of the California Environmental Quality Act (<CEQA=), the State CEQA Guidelines (California
Code of Regulations, Title 14, §§ 15000 et seq., hereafter the <CEQA Guidelines=), and any applicable local
CEQA policies and procedures and City has determined that this Ordinance is not a <project= for purposes
of CEQA, as that term is defined by CEQA Guidelines Section 15378, because City has determined, in its
discretion and based on substantial evidence, that this Ordinance concerns organizational or
administrative activities and presents no potential for resulting in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
SECTION 3. AMENDMENT. Section 63120.1 (Contractors) of Part 5 (Businesses, Professions,
Trades, and Occupations Requiring a Permit) of Chapter 3 (Business, Professions, and Trades) of Article VI
(Taxes and Licenses) of the Carson Municipal Code is hereby added to read as follows:
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<63120.1 Contractors.
A Contractor on a Project, prior to commencing work on the Project, shall obtain a Permit, which
shall be granted only upon compliance with and in accordance with all of the terms and conditions of this
section.
(a) Definitions.
(1) <City= shall mean the City of Carson.
(2) <Contractor= shall have the same meaning ascribed to it under Carson Municipal Code
Section 6303.
(3) <Permit= shall mean a permit issued under CMC 6370 and this Section.
(4) <Person= shall have the same meaning ascribed to it under Carson Municipal Code
Section 6303.
(5) <Project= shall mean any development project within the City consisting of 20 or more
residential dwelling units or 20,000 or more square feet of commercial or industrial development.
(b) License Requirements. No Person shall be issued a Permit unless the Person is:
(1) A licensed Contractor licensed by the California Contractors State License Board;
(2) An employee, agent or authorized representative of a licensed Contractor;
(3) The property owner performing his or her own work; or
(4) An employee of the owner, provided that the owner shows evidence of workers9
compensation insurance required by state and City laws, and their federal tax
identification number.
(c) Commencing upon the date this Section 63120.1 takes effect, a Person applying for a Permit
shall submit the following information as part of the Permit application and prior to
commencement of work:
(1) A list of all subcontractors and verification of each subcontractor9s workers'
compensation insurance, state contractor license and license category, City business
license and federal tax identification number. No Person shall contract or subcontract
01007.0006/962489.4 ORDINANCE NO. 24-2406
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construction work without a valid Contractor's license pursuant to applicable provisions
of the California Business and Professions Code.
(2) A disclosure of any pending or final determinations pertaining to state or federal labor
violations and any penalties paid to any government agencies related to such violations
within the prior five (5) years, for Contractor and all proposed subcontractors.
(d) In the event that the applicant cannot provide a list of valid subcontractors and the information
required above upon Permit application, the applicant shall provide to the City, within a
reasonable period of time after issuance of each Permit but prior to commencement of any work
pursuant to said Permit, all information required by subsection (c). Failure to provide all
information required under subsection (c), including valid and current subcontractor listings prior
to commencing work, or failure to comply with subsection (f), shall result in one or more of the
following:
(1) Issuance of a Stop Work Order;
(2) Revocation of the Permit; and
(3) The Permit applicant paying a penalty for default to the City in an amount equal to the
original Permit fee for each violation in order to defray City costs of enforcement of this
section.
(e) The information required by subsection (c) shall be required at the time any new Contractor
or subcontractor is added to the Permit.
(f) If at any time after Permit issuance a change occurs in any information submitted to the City
pursuant to this section, including addition of a subcontractor, Contractor shall submit updated
information to the City within 72 hours of Contractor acquiring knowledge of such change,
excluding weekends and national holidays. If a Contractor is a subcontractor, the subcontractor
must submit updated information to the Contractor within 72 hours of subcontractor acquiring
knowledge of such change, excluding weekends and national holidays.
(g) Any work performed prior to satisfying the requirements of this section shall be deemed
performed without the required Permit.=
SECTION 4. SEVERABILITY. 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 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
01007.0006/962489.4 ORDINANCE NO. 24-2406
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sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after
its adoption.
SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and
shall cause the same to be posted and codified in the manner required by law.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 2nd day of
April 2024.
APPROVED AS TO FORM: CITY OF CARSON:
- a 4 Vax Or, Fe be Sg 44 4 LS go fot
Sunny K. Soltani, City Attorney Lyla Davis-Holfnes, Mayor
ATTEST:
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest
to and certify that the foregoing ordinance, being Ordinance No. 24-2406 passed
first reading on the 19" day of March, 2024, adopted by the Carson City Council at
its meeting held on the 2"? day of April, 2024, by the following roll call vote:
AYES: COUNCIL MEMBERS: Davis-Holmes, Hilton, Dear, Hicks, Rojas
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: None
9
Dr. Khaleah K. Bradshaw, City Clerk
01007.0006/962489.4 ORDINANCE NO. 24-2406
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, do hereby certify
that Ordinance No. 24-2406 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in Our Weekly, newspaper of
general circulation on the following date:
Adopted Ordinance: Dor \ 2024
, In witness whereof, | have hereunto subscribed my name this \| day of Roti
2024.
Dr. Khaleah K. Bradshaw, City Clerk
01007.0006/962489.4 ORDINANCE NO. 24-2406
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