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2025-03-17_ATT_1 Ordinance Adding CCMC Section 15.02.025 Contractor Transparency.pdf

City Council Meeting Agenda
March 17, 2025

Document
2025-03-17_ATT_1 Ordinance Adding CCMC Section 15.02.025 Contractor Transparency.pdf
Meeting
March 17, 2025
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City Council Meeting Agenda
Original file
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Text extracted from the city's file for reading and search. Open the original on culver-city.legistar1.com. That file is the official record.

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31 ORDINANCE NO. 2025-_____

AN ORDINANCE OF THE CITY OF CULVER CITY, STATE OF
CALIFORNIA AMENDING CHAPTER 15.02 (BUILDINGS,

STRUCTURES AND EQUIPMENT) OF THE CULVER CITY
MUNICIPAL CODE TO A DD A NEW SECTION 15.02.025

TITLED CONTRACTOR TRANSPARENCY REQUIREMENTS

TO REQUIRE CONTRACTORS APPLYING FOR PERMITS TO

DISCLOSE LABOR VIOLATIONS

WHEREAS, the City of Culver City (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, workers’ 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 organizations’ 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 Culver City, California, DOES HEREBY ORDAIN as follows:

SECTION 1: A n ew section 15.02.025 (Contractor Transparency Requirements) is hereby added to Chapter 15.02 (Buildings, Structures and Equipment) of the City of Culver City Municipal Code, to read as follows:

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31 § 15.02.025 CONTRACTOR TRANSPARENCY REQUIREMENTS
A. No permit required by this Chapter or Chapter 15.03 shall be issued to an applicant unless the applicant complies with this section.

B. Definitions. For the purposes of this section, the following definitions apply:

1. “Contractor” shall mean any person except a licensed architect or a registered civil engineer acting solely in his professional capacity, who in any capacity other than as the employee of another with wages or salary as his sole compensation, undertakes to , or offers to undertake, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, or other structure, pr oject, development, improvement, or any part thereof, including the erection of scaffolding or other structures or work in connection therewith. The contractor shall include a subcontractor or specialty contractor but shall not include anyone who merely furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of the contractor.

2. “Permit” shall mean a building permit issued under this Chapter or Chapter 15.03.

3. “Person” shall mean any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, domestic or foreign corporation, association, syndi cate, society or

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31 any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

4. “Project” shall mean any development project within the City consisting of 20 or more new or added residential dwelling units or the addition of 20,000 or more square feet of commercial or industrial development.

C. 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 agent of the property owner.

D. A Person applying for a Permit shall submit the following information prior to Permit issuance:

1. A list of all subcontractors and verification of each subcontractor’s state contractor license and license category, and City business license. No Person shall contract or subcontract construction work without a valid Contractor's license pursuant to applicable provisions of the California Business and Professions Code.

2. Whether there are any pending or final determinations pertaining to state or federal labor violations and whether any penalties were paid to any government agencies related to such violations within the prior five (5) years, for Contractor and all proposed subcontractors.

3. A certification that the information submitted as required by subsection D is true and correct.

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31 E. In the event that the applicant cannot provide a list of valid subcontractors and the information required above prior to Permit issuance, the applicant shall provide to the City, prior to commencement of any work pursuant to said Permit, all information r equired by subsection D.

F. Failure to provide all information required under subsection D, including valid and current subcontractor listings prior to commencing work, or failure to comply with subsection G, 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.

G. The information required by subsection D shall be required at the time any new Contractor or subcontractor is added to the Permit. 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.

H. Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required Permit.

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31 SECTION 2: City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason or a ny preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases, or words of this Ordinance, and as such they shall remain in full force and effect.

SECTION 3: Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three (3) places within the City.

APPROVED and ADOPTED this day of 2025.

DAN O’BRIEN, MAYOR
City of Culver City, California

ATTEST: APPROVED AS TO FORM:

JEREMY BOCCHINO HEATHER BAKER
City Clerk City Attorney

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