HomeMy WebLinkAboutNS-3039 - Amendment to Municipal Code Section 8-6 License Requirements for ContractorsORDINANCE NO. NS-3039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE
SECTION 8-6 RELATING TO LICENSE REQUIREMENTS
OF CONTRACTORS AND SUBCONTRACTORS
WHEREAS, Section 8-6 of the Santa Ana Municipal Code provides that no person
shall be issued a permit to perform work requiring a permit under the Code unless they
are a licensed contractor or a representative thereof, among other things; and
WHEREAS, Section 8-6 further provides that at the time of permit issuance, the
permit applicant must submit a list of all subcontractors and furnish for each subcontractor
verification of workers' compensation insurance, state contractor license and license
category, city business license, and federal tax identification number; and
WHEREAS, the City wishes to expand the scope of these disclosures to include for
each subcontractor any pending or final determinations for state or federal labor code
violations within the prior 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 added disclosures are intended to recognize and promote the
value of fair labor and business practices in these types of projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. Section 8-6 (License requirements of contractors and
subcontractors) of Article I of Chapter 8 of the Santa Ana Municipal Code (Buildings and
Structures) is hereby amended to read in its entirety as follows.
Sec. 8-6. License requirements of contractors and subcontractors.
(a) No person shall be issued a permit to perform work requiring a permit under
this Code, unless they are:
(1) A licensed contractor;
(2) An employee, agent or authorized representative of a licensed contractor;
(3) A representative of an electronically subscribed service acting on behalf of
a licensed contractor; or
Ordinance No. NS-3039
Page 1 of 4
(4) The property owner performing their own work;
(5) An employee of the owner, provided that the owner shows evidence of
workers' compensation insurance required by state and city law, and their federal tax
identification number.
(b) A person applying for a permit under this code to perform work on a project
consisting of 20 or more residential dwelling units or 20,000 or more square feet of
commercial or industrial development shall submit the following information at the time of
permit issuance and prior to commencement of work:
(1) a list of all subcontractors and verification of each subcontractor's workers'
compensation insurance, state contractor license and license category, city business
license and federal tax identification number. No person shall contract or subcontract
construction work without a valid contractor's license pursuant to applicable provisions of
the state business and professions code.
(2) a disclosure of any pending or final determinations pertaining to state or
federal labor code violations and any penalties paid to a government agency related to
the provisions of the California Labor Code within the prior 5 years for all subcontractors.
(c) 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 (b). Failure to provide valid and current subcontractor listings prior to
commencing work shall result in one or more of the following:
(1) Issuance of a Stop Work Order; and
(2) Revocation of any permit issued by the city; 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 prior to the issuance of any new permit.
(d) The information required by subsection (b) shall be required at the time
when any new contractor or subcontractor is added to the permit.
(e) Any work performed prior to satisfying the requirements of this section shall
be deemed performed without the required permits.
Section 3. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
Ordinance No. NS-3039
Page 2 of 4
no possibility it will have a significant effect on the environment, and it is not a "project,"
as defined in Section 15378 of the CEQA Guidelines.
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 Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 21d day of May. 2023.
JMaVarie mzcua
or
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
J M. Funk
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez.
Penaloza, Phan. Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Ordinance No. NS-3039
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-3039 to be the original ordinance adopted by the City Council of the
City of Santa Ana on May 2, 2023 and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date:
4Je Wife . Ha
' y Clerk
City of Santa Ana
Ordinance No. NS-3039
Page 4 of 4
ORANGE COUNTY REPORTER This space for filing stamp only
--SINCE 1921 -
600 W SANTA ANA BLVD STE 812,SANTA ANA, CA 92701
Telephone(714)543-2027 /Fax(714)542-6841
Norma Orozco
CITY OF SANTA ANA/CITY CLERK OR#:3693595
20 CIVIC CENTER PLAZA M-30 NOTICE OF SECOND READING OF
PROPOED ORDINANCE
SANTA ANA, CA-92701 BYTHE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA.
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions, make comments, and stay
PROOF OF PUBLICATION rto informed about changes in land use,
fees,t other projects that might be
important to you.We encourage you to
contact us if you have any questions.
NOTICE IS HEREBY GIVEN -The City
(2015.5 C.C.P.) Council of the City of Santa Ana will
consider adopting an ordinance.The title
of the ordinance is as follows:
State of California ) ORDINANCE NO. NS-XXXX - AN
County of ORANGE )SS OF THE CITY
T CI Y OF CITYHE COUNCIL
ANA
AMENDING SANTA ANA MUNICIPAL
CODE SECTION 8-6 RELATING TO
LICENSE
Notice Type: ORD-ORDINANCE PUBLICATION CONTRACTORS REQUIREMENTS ANDF
SUBCONTRACTORS
Meeting Time and Date:This matter will
be heard on the Consent Calendar on
Ad Description: Tuesday, May 2, 2023 at 5:45 p.m.or
NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY civic CenteertPlaza,SantaGAna,Caifornia
THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. 92701 oli All interested persons can refer to
theeffollowing link for more information and
instructions for participating in the meeting
I am a citizen of the United States and a resident of the State of California;I am www' Crg/ccJcity-meetings.
How T To o Make
ake Comments: If you do not
over the age of eighteen years,and not a party to or interested in the above wish to participate in the meeting but want
entitled matter. I am the principal clerk of the printer and publisher of the to submit a comment,you may also send
p p p p your written comments to the City Clerk,
ORANGE COUNTY REPORTER,a newspaper published in the English by mail to City of Santa Ana, 20 Civic
Center Plaza — M30, Santa Ana, CA
language in the city of SANTA ANA,county of ORANGE,and adjudged a 92701 or via e-mail to at least
newspaper of general circulation as defined by the laws of the State of ecomment@santa-ana.org (reference
City Council meeting")two(2)hours prior
California by the Superior Court of the County of ORANGE,State of California, to the start of the meeting; a-mails
under date 06/20/1922,Case No.13421. That the notice,of which the received after said time will be on file for
public viewing and posted on the city's
annexed is a printed copy,has been published in each regular and entire issue website the day after the meeting.
of said newspaper and not in any supplement thereof on the following dates, Who To Contact For Questions-Should
you have any questions, please contact
to-wit: the City Clerk's Office at 714-647-6520
during regular business hours.
Where To Get More Information:All staff
reports regarding any item on this agenda
are available for public inspection in the
City Clerk's Office during regular business
hours and posted on the City's website
the Tuesday before a Council meeting at:
04/21/2023 www.santa-ana.org/cc/city-meetings.
Ordinance Second Reading Adoption
Process - Ordinances become effective
30 days after second reading by the City
Council.Most ordinances are codified into
the Santa Ana Municipal Code and
become city laws.
Si tiene preguntas an Espanol,favor de
Ilamar al(714)647-6520.
Neu can lien lac bang tieng Viet,xin
Executed on: 04/21/2023 dien thoai cho'Tony Lai so(714)565-
At Los Angeles,California 2627.
Jennifer L.Hall
City Clerk
I certify (or declare) under penalty of perjury that the foregoing is true and Publish Orange County Reporter-Legal
Section;
correct. Date:April 21,2023
4/21/23
OR-3693595#
Signature
I IIII I II III III IIII III III I I III I III IIII I III IIIII IIII IIII III
* A 0 0 0 0 0 6 2 9 1 9 9 8
Email