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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 7, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: ORDINANCE AMENDING CHAPTER 3.04 OF THE ANAHEIM
MUNICIPAL CODE TO REQUIRE SUBCONTRACTORS TO
DISCLOSE RECENT LABOR CODE VIOLATIONS WHEN
OBTAINING A BUSINESS LICENSE
ATTACHMENT (Y/N): YES ITEM # 16
GOVERNMENT CODE § 84308 APPLIES: NO
REQUESTED ACTION:
That the City Council, by Ordinance, amend Chapter 3.04 of the Anaheim Municipal Code to require subcontractors to disclose recent labor code violations when obtaining a business license and determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section 15060(c)(2), 15060(c)(3), and 15378.
DISCUSSION:
The Anaheim Municipal Code requires that, prior to a contractor’s request for final city building inspection of a construction project, a contractor must provide a Subcontractors/Professional Service List identifying the licensing information for all contractors, subcontractors, and professional services and individuals performing any work on the project.
On October 24, 2023, the City Council continued their consideration of the first reading of a draft ordinance that would require subcontractors to disclose recent labor code violations as part of the Subcontractors/Professional Service List. The proposed ordinance was continued to provide staff additional time to incorporate the following Council directed changes into the proposed ordinance:
● Remove “pending” determinations of state or federal labor code violations from the required disclosure requirements; and
Carpenter’s Initiative
November 7, 2023
● Add a provision requiring a subcontractor to provide any new information related to labor code violations that occur after the issuance of a building permit to the contractor within 72 hours of subcontractor’s knowledge of such change, excluding weekends and Holidays.
The disclosures are intended to recognize and promote the value of fair labor and business practices in the City. Similar ordinances have recently been adopted by the cities of Santa Ana and Irvine. If introduced, the ordinance would come back to the Council for a second reading, and if approved, would take effect 30 days thereafter.
IMPACT ON BUDGET:
Administrative activities associated with the adoption and administration of this ordinance are included in the Planning & Building Department budget. The ordinance will have no budgetary impact.
Respectfully submitted,
Ted White
Director of Planning and Building
Attachments:
1. Ordinance
2. Ordinance (Redline)
3. Staff Report – October 24, 2023 (without attachments)