SEC. 102.10. LOADING, UNLOADING, AND DRIVING COMMERCIAL VEHICLES ON CITY PROPERTY. 1

   (a)   Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that (1) any Individual engaged in loading or unloading on City property of materials, goods, or products into or from a Commercial Vehicle in connection with the presentation of a Show or for a Special Event be paid not less than the Prevailing Rate of Wages and (2) any Individual driving a Commercial Vehicle from which materials, goods, or products are loaded or unloaded on City property in connection with the presentation of a Show or for a Special Event shall be paid not less than the Prevailing Rate of Wages for hours driven within the City limits. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 102.10 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section.

   (b)   Definitions. For purposes of this Section 102.10, the following definitions shall apply to the terms used herein:

      “Commercial Vehicle” shall mean a vehicle that (1) is used or maintained primarily for the transportation of materials, goods, or products; (2) has six wheels or more; and (3) displays or is required to display a California Department of Motor Vehicles weight decal as required by the Commercial Vehicle Registration Act, California Vehicle Code Section 9400 et seq., as amended. Notwithstanding the foregoing sentence, Commercial Vehicle shall not include a vehicle used exclusively for food catering purposes, meaning its exclusive purpose on a particular trip is for the transport of food and/or beverages to be served at a Show or Special Event, the transport of equipment for the preparation and service of such food and/or beverages at a Show or Special Event, or both.

      “Contract, Lease, Franchise, Permit, or Agreement” shall have the meanings set forth in Section 102.4(b) of this Code with regard to Shows, and in Section 102.8(b) of this Code with regard to Special Events, including the exemptions stated therein.

      “Mass Participation Sports Event” shall mean a participatory sporting event such as a marathon, running race, or bicycle race or tour with anticipated participation by 150 participants or more.

      “Show” shall have the meaning set forth in Section 102.4(b) of this Code.

      “Special Event” shall have the meaning set forth in Section 102.8(b) of this Code, and shall also include a Mass Participation Sports Event.

   (c)   Preemption. Nothing in this Section 102.10 shall be interpreted or applied so as to create any right, power, or duty in conflict with any federal or State law.

   (d)   Conflict with Other Sections. In the event of a conflict between this Section 102.10 and any other sections of this Article 102, the other section(s) shall prevail.

   (e)   Prospective Effect. This Section 102.10 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. This Section shall only apply to Contracts, Leases, Franchises, Permits, or Agreements entered into on or after the operative date of this Section.

   (f)   Exemptions. In addition to the exemptions set forth in Section 102.4(b) of this Code for certain Shows and set forth in Section 102.8(b) of this Code for certain Special Events, this Section 102.10 shall not apply to the following:

      (1)   any Individual engaged in the loading or unloading of portable toilets, temporary fencing, temporary barricades, or temporary tents or canopies of less than 700 square feet when erected, or any Individual driving a Commercial Vehicle from which portable toilets, temporary fencing, temporary barricades, or temporary tents or canopies of less than 700 square feet when erected, are loaded or unloaded;

      (2)   individual vendors at a flea market or farmers market conducted on City property; provided, however, that this Section shall apply to loading, unloading, or driving of Commercial Vehicles for such events if these events would otherwise be covered by this Section 102.10 and the loading, unloading or driving is performed by the operator or management of the flea market or farmers market;

      (3)   work that is performed by a City employee; or

      2    a Mass Participation Sports Event that is sponsored by a non-profit entity where the primary purpose of the Event is fundraising for that non-profit entity and/or other non-profit entities.

   (g)   Severability. If any part or provision of this Section 102.10, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, including the application of such part or provisions to other Persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Section are severable.

(Added as Administrative Code Sec. 21C.10 by Ord. 187-16, File No. 160199, App. 10/14/2016, Eff. 11/13/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

CODIFICATION NOTES

1.   Ord. 187-16, Section 2, states: “as indicated in Administrative Code Section 21C.10(e) (now in Labor and Employment Code Section 102.10(e)), Section 21C.10 (now at Section 102.10) shall become operative only upon the initial setting of a Prevailing Rate of Wages for the categories of work covered by that section.”

2.   So in Ord. 296-24.