Chula Vista Municipal Code Ch. 2.73 Traffic Control Worker Minimum Wage

TRAFFIC CONTROL WORKER MINIMUM WAGE

Sections:

• 2.73.010 Title. 2.73.020 Purpose and intent. 2.73.030 Definitions. 2.73.040 Minimum wage required.

• 2.73.050 Retaliation.

• 2.73.060 Enforcement. 2.73.070 Limitations.

• 2.73.080 Promulgation of regulations, standards, and other legal duties. 2.73.090 Effective date.

This chapter is known as the “Traffic Control Worker Minimum Wage Ordinance,” may be cited as such, and will be referred to herein as “this chapter.” (Ord. 3557 § 1, 2023).

The purpose of this chapter is to address the unique safety risks confronted by workers and users of City public rights-of-way by ensuring that, except in limited circumstances, all traffic control workers are paid a wage at least equivalent to the prevailing wage they would receive if they were working on a City public works project. (Ord. 3557 § 1, 2023).

When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included.

“City” means the City of Chula Vista.

“City Manager” means the City Manager of the City of Chula Vista, or designee.

“Code” means the City of Chula Vista Municipal Code.

“Employee” has the same meaning as California Labor Code Section 2775.

“Employer” means any Person, including a corporate officer or executive, who directly or indirectly, or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any Employee.

“Permit” means a City issued permit that includes a traffic control plan.

“Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit.

“Prevailing Wage” means the wage required by California Labor Code Section 1720 et seq. to be paid to a worker on a public works or maintenance project in the location where the work is performed.

“Public Works Project” means the construction, reconstruction, or repair of public buildings, streets, utilities, and other public works, including design-build contracts, construction manager at-risk contracts, and job orders.

“Traffic Control Work” means the stopping, slowing or otherwise guiding, directing, or controlling of traffic pursuant to a Permit.

“Traffic Control Worker” means any Person engaged in Traffic Control Work, excluding public agency Employees performing traffic control for a public agency. (Ord. 3557 § 1, 2023).

All Traffic Control Workers performing Traffic Control Work, as required by a Permit, shall be paid no less than the Prevailing Wage, except as follows:

A. Traffic Control Work performed by an Employee in support of the construction, renovation, or repair of a single-family home, duplex, triplex, or accessory dwelling unit.

B. Traffic Control Work performed by an Employee on any project costing $1,000 or less, as specified in California Labor Code Section 1771 or any subsequent cost threshold applicable to the payment of Prevailing Wage established by California law.

C. Traffic Control Work performed by an Employee of a gas or electric utility company on any project where the Employee performs Traffic Control Work for one hour or less per workday or one hour or less per shift.

D. To the extent prohibited by law, or by a state or federal funding source requirement applicable to the work that is the subject of the Permit. (Ord. 3557 § 1, 2023).

No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Traffic Control Worker for opposing any practice prohibited by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections in this section shall apply to any Traffic Control Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Traffic Control Worker within 90 days of the Traffic Control Worker’s exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. (Ord. 3557 § 1, 2023).

A. The City Manager may enforce this chapter in accordance with the provisions of Chapter 1.41 CVMC.

B. If an Employer ceases its business operations, or sells, exchanges, transfers, or otherwise disposes of the Employer’s business, then any Person that becomes a successor to the business shall be liable for any unpaid amounts owed under this chapter, if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the amounts owed as determined by the City.

C. Civil Enforcement. A Traffic Control Worker, a representative of a Traffic Control Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter.

1. Remedies for Violation. A Court of competent jurisdiction may impose all remedies available under law or in equity, including injunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120.00 to each Traffic Control Worker for each day that a violation occurred or continued, and reasonable attorneys’ fees and costs. In an action initiated by the City Attorney, the recovery of attorneys’ fees shall be subject to the provisions of subsection (C)(2) of this section. In addition to the remedies identified above, a Traffic Control Worker who is the subject of retaliation by an Employer, as described in CVMC 2.73.050, is entitled to reinstatement and treble damages.

2. Attorneys’ Fees in City-Initiated Action. Attorneys’ fees may be recovered by the prevailing party only in individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. If the City does not elect, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or recover attorneys’ fees. (Ord. 3557 § 1, 2023).

A. Any waiver by a Traffic Control Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.

B. This chapter is not intended to, and shall not be interpreted to, conflict with federal or state law and shall be interpreted to be compatible with federal and state enactments, not limited to those dealing with employee/employer and labor relations, and in furtherance of the public purposes that those enactments encompass.

• C. This chapter does not create any cause of action for damages against the City.

D. This chapter shall not be construed as limiting any Traffic Control Worker’s right to obtain relief to which the Traffic Control Worker may be entitled at law or in equity. Exhaustion of remedies under this chapter is not a prerequisite to the assertion of any right.

E. This chapter shall not be construed to discourage or prohibit an Employer from providing higher wages to its Employees. (Ord. 3557 § 1, 2023).

A. The City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations, and standards determined to be necessary to carry out the purposes of this chapter.

B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk.

C. Regulations promulgated by the City Manager shall become effective and enforceable upon date of publication on the City’s website. (Ord. 3557 § 1, 2023).

Any Permit issued by the City on or after December 2, 2023, shall be deemed to include the requirement to comply with this chapter. (Ord. 3557 § 1, 2023).

The Chula Vista Municipal Code is current through Ordinance 3623, passed May 19, 2026.

Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.chulavistaca.gov

To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.

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