City of Culver City, California
Agenda Item Report
Meeting Date: 10/11/2010 Item Number: _A-1
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Adding Section
3.01.010 to Chapter 3.01 and Amending Chapter 3.09 of the Culver City Municipal
Code Regarding Disaster Council and Emergency Organization; Introduction of an
Ordinance Adding Sections 3.09.200 Through 3.09.215 to Chapter 3.09 of the Culver
City Municipal Code Establishing Restrictions on Excessive and Unjustified
Increases in Consumer Prices During a Declared Emergency; and Adoption of a
Resolution Regarding Workers’ Compensation Benefits for Registered Disaster
Service Workers.
Contact Person/Dept.:
Christine Parra, Fire Dept.
Lisa Vidra, City Attorney’s Office
Phone Number:
310-253-5900
310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [x] Date: _______________
Public Notification: Meetings and Agendas – City Council (10/06/10)
Department Approval:
Christopher Sellers (by D. White)
(09/16/10)
City Attorney Approval:
Carol Schwab (by L. Vidra ) (10/06/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/06/10)
City Manager Approval:
John M. Nachbar (10/06/10)
RECOMMENDATION
Staff recommends City Council:
1. Introduce an Ordinance adding Section 3.01.010 to Chapter 3.01 and amending
Chapter 3.09 of the Culver City Municipal Code (CCMC) regarding Disaster
Council and emergency organization;
2. Introduce an Ordinance adding Sections 3.09.200 through 3.09.215 to Chapter
3.09 of the CCMC establishing restrictions on excessive and unjustified increases
in consumer prices during a declared emergency; and
3. Adopt a Resolution regarding Workers’ Compensation Benefits for Registered
Disaster Service Workers.
BACKGROUND
There are numerous authorities and references for conducting and supporting
disaster operations on the federal, state, county and local level. The Robert T.
Stafford Disaster Relief and Emergency Assistance Act provides authorities and City of Culver City, California
Agenda Item Report
references on the federal level. The State of California Emergency Services Act
provides authorities and references on the State level. The provisions of these two
Acts are supplemented by emergency regulations at the local level through a city’s
Emergency Services Ordinance. In addition, the National Response Framework,
the California Response Plan, the County’s Multi-Hazard Functional Plan and the
City’s Emergency Operations Plan all provide staff with guidance on preparing,
mitigating, responding, and recovering from a disaster.
While updating the City’s Emergency Operations Plan, staff found it necessary to
update the City’s Emergency Services Ordinance, to propose an anti-price gouging
ordinance, and to propose a resolution regarding worker’s compensation benefits
for registered disaster service workers. These updates provide the groundwork to
ensure the City meets the requirements of federal and state law and ensures the
City’s Emergency Management goals are met. The City’s Emergency
Management goals are as follows:
• Provide effective life safety measures, reduce property loss, and
protect the environment;
• Provide the basis for the direction and control of emergency
operations;
• Plan the continuation of government in the aftermath of a disaster;
• Provide for the rapid resumption of impacted business and
community services;
• Provide accurate documentation and records required for cost
recovery; and,
• Provide for the protection, use and distribution of resources, and
coordinate operations with the emergency service organizations of
other jurisdictions.
DISCUSSION
The following provides detailed information on the substance of the two proposed
ordinances and the proposed resolution.
Emergency Services Ordinance
The City’s Emergency Services Ordinance was originally adopted in 1949. Upon
review of the existing ordinance in its entirety, staff found the need to propose
revisions to ensure the City’s ordinance is aligned with state and federal law.
Additionally, changes in the current disaster organization are incorporated. The
proposed ordinance updates the roles and responsibilities of the Disaster Council
and the Director of Emergency Services, designates the Assistant City Manager as
the Assistant Director of Emergency Services, provides authority for City Council to
adopt a succession plan for specified emergencies, and adds detail to the current
succession plan for the Director of Emergency Services. (Attachment 1) The City of Culver City, California
Agenda Item Report
proposed ordinance also defines Local Emergency, State of Emergency, and State
of War Emergency in conformance with state law. (Attachment 2)
In the previous version of the ordinance, the Disaster Council included the Mayor,
City Manager, Assistant City Manager, various department heads (Fire Chief and
Police Chief), and others. In the proposed ordinance, the members of the City
Council comprise the Disaster Council. The Disaster Council is subject to the
Brown Act; it could become difficult for the City Manager, Assistant City Manager,
and the Fire and Police Chiefs to communicate with each other during an
emergency if they were also on the Disaster Council, in that three of them would
constitute a quorum. The change in the proposed ordinance allows the City
Council, in its role as the Disaster Council, to be the policy-making body regarding
disasters and emergencies, and also provides consistency and efficiency.
The Disaster Council has enumerated powers and duties under the Government
Code. Under the proposed ordinance, the Disaster Council will be empowered to:
• Develop and adopt mutual aid plans, agreements, resolutions,
ordinances and rules and regulations;
• Forward a copy of the City’s emergency plan to the State;
• Register volunteers.
Under the present ordinance, the City Manager, in his/her role as Director of
Emergency Services (“Director”) is granted certain powers in the event of an
emergency. The proposed ordinance updates some of the language, as well as
adds additional powers. In effect, the City Manager, in his/her role as Director of
Emergency Services, implements the emergency policies previously put in place
by the Disaster Council and City Council. For example, the Director is authorized
to:
• Impose certain rules and regulations, including a curfew if needed;
• Declare a shelter crisis;
• Use any gifts of services, equipment, supplies, and the like;
• Request state aid;
• Execute all ordinary powers of the City Manager;
• Obtain vital supplies, equipment, and other properties when needed.
The proposed revisions in the roles and duties of the Disaster Council and Director
will ensure consistency with State and Federal laws, as well as with the City
Charter.
Succession planning is also addressed in the proposed ordinance. The City’s
Charter addresses filling City Council vacancies in Section 604, but there is no
provision for emergencies. The new ordinance incorporates into the Municipal
Code the available provisions under the Government Code to replace City Council
members who are unavailable during or after a disaster or emergency. An item will City of Culver City, California
Agenda Item Report
be brought to the Council in the future giving options regarding possible adoption
of a succession plan resolution. The proposed ordinance also provides more detail
to the succession plan for the Director of Emergency Services. The line of
succession is designated by the City Manager, in a letter to the City Clerk
(proposed Section 3.09.025).
Finally, a new section is proposed, giving the City Manager, in his/her role as
Director, the ability to allow temporary installation of antenna facilities during an
emergency. This ability is vital if communication towers, cell phone towers and the
like are destroyed or damaged in an emergency situation.
Anti-Price Gouging Ordinance
The proposed anti-price gouging ordinance is new (Attachment 3). It does not
replace an existing similar provision in the CCMC, but instead codifies and
expands certain provisions of state law (Penal Code Section 396(i)). Existing state
law prohibits excessive and unjustified increases in the prices of essential
consumer goods and services when a declared state of emergency results in
abnormal disruptions of the market. Existing state law also makes it a
misdemeanor to price gouge during a state of emergency or a local emergency.
State law also authorizes cities to enact their own local legislation that prohibits the
same or similar conduct, or imposes a more severe penalty for same or similar
conduct to that which is prohibited under the state’s anti-price gouging statute. In
many respects, the proposed ordinance is nearly identical to the state law. By
adopting this ordinance, the City may prosecute violations rather than relying upon
the District Attorney’s office to do so.
One key difference from state law is that the proposed anti-price gouging
ordinance prohibits price gouging under all three types of emergencies: State of
War Emergency, State of Emergency, and Local Emergency. State law covers
price-gouging during two of these three types: a declared State of Emergency and
a Local Emergency. It leaves out State of War Emergencies. Additionally, under
the state anti-price gouging statute, what constitutes a covered emergency is more
narrowly defined. Under the proposed ordinance, price-gouging is prohibited
during all three types of emergencies using the broad definitions in the state
Emergency Services Act.
Updating Resolution Regarding Worker’s Compensation Benefits for
Registered Disaster Service Workers
In 1949, the City Council adopted a resolution establishing a Disaster Council for
the City. The resolution authorized the Disaster Council to register volunteers so
they would have the benefit of workers’ compensation coverage under a state
program developed specifically for disaster workers.
City of Culver City, California
Agenda Item Report
The original Disaster Council was formed pursuant to the Military and Veterans
Code. When all of the emergency services provisions were re-codified in the
Government Code as the California Emergency Services Act, each pre-existing
Disaster Council was grandfathered until modified by the city or county that formed
it. The City’s Disaster Council was accredited by the state on June 16, 1949.
To avoid any appearance that the City’s Disaster Council is no longer
grandfathered because of the proposed changes, the proposed resolution states
the resolution is a revision and continuation of the prior resolution. This provides
continuity between the old and the new. The new resolution reaffirms the City’s
agreement to abide by the rules and regulations established by the State for the
implementation of Disaster Councils that register disaster service workers. This is
important as one of the Disaster Council’s responsibilities is to register all disaster
volunteers, ensuring the volunteers are covered under the State workers’
compensation disaster workers program. (Attachment 3).
It should be noted that future items will be brought before City Council proposing
the adoption of various resolutions pertaining to implementation of these disaster
preparedness ordinances and resolution, and related matters.
FISCAL IMPACT
Adoption of the proposed Ordinances and resolution do not create a fiscal impact.
However, the clarified powers granted to the Disaster Council and the Director of
Emergency Services would be consistent with Federal and State law and would
enable Culver City to more effectively respond to a disaster (including qualifying for
federal and state reimbursement, if available)
ATTACHMENTS
1. Proposed Emergency Services Ordinance
2. Government Code section 8558—Definitions
3. Proposed Anti-Price Gouging Ordinance
4. Proposed Resolution Relating to Workers Compensation Benefits for
Registered Disaster Service Workers
MOTION:
That the City Council:
1. Introduce an Ordinance adding Section 3.01.010 to Chapter 3.01 and
amending Chapter 3.09 of the CCMC regarding Disaster Council and
emergency organization; City of Culver City, California
Agenda Item Report
2. Introduce an Ordinance adding Sections 3.09.200 through 3.09.215 to
Chapter 3.09 of the CCMC establishing restrictions on excessive and
unjustified increases in consumer prices during a declared emergency; and
3. Adopt a Resolution Regarding Workers’ Compensation Benefits for
Registered Disaster Service Workers.
MEETING DATE: October 11, 2010
AGENDA ITEM: Introduction of an Ordinance Adding Section 3_01.010 to Chapter
3.01 and Amending Chapter 3.09 of the Culver City Municipal Code Regarding Disaster
Council and Emergency Organization; Introduction of an Ordinance Adding Sections
3.09.200 Through 3.09.215 to Chapter 3.09 of the Culver City Municipal Code
Establishing Restrictions on Excessive and Unjustified Increases in Consumer Prices
During a Declared Emergency; and Adoption of a Resolution Regarding Workers'
Compensation Benefits for Registered Disaster Service Workers.
ATTACHMENTS
Pages
1. Proposed Emergency Services Ordinance 1-13
2. Government Code section 8558 14
3. Proposed Anti-Price Gouging Ordinance 15-21
4. Proposed Resolution 22-241|1010101010|ORDINANCE NO, 2010- AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA ADDING SECTION 3.01.010 TO CHAPTER
3.01 AND AMENDING CHAPTER 3.09 OF THE CULVER
CITY MUNICIPAL CODE REGARDING DISASTER
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WHEREAS, pursuant to Section 8610 of the California Government Code,
municipalities are authorized to enact local legislation creating a disaster council and to
provide for the organization, powers and duties, divisions, services and staff of the city's
emergency organization; and,
WHEREAS,
pursuant to Section 8630 of the California Government Code, a city by
ordinance may designate an official empowered to proclaim a Local Emergency; and,
WHEREAS, the City of Culver City created its Disaster Council in 1949 under the
former state Military and Veterans Code, and the City's Disaster Council was accredited by
the State of California on June 16, 1949; and,
WHEREAS, the City Council of the City of Culver City finds it is necessary to update
the City's provisions pertaining to its Disaster Council and its emergency organization, to
ensure its ordinance is aligned with state and federal law, and to incorporate changes
made to the City's Emergency Plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.01.010 is hereby added to Chapter 3.01 of the Culver City
Municipal Code as follows:
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3.01.010 COUNCIL VACANCIES IN EVENT OF EMERGENCIES
In the event of a Local Emergency, declaration of a State of Emergency, or a
State of War Emergency, the City Council may be reconstituted and vacancies filled
pursuant to Section 3.09.025(B) of this Code.
SECTION 2: Chapter 3.09 of Title 3 of the Culver City Municipal Code is hereby
amended as follows (strike through denotes deletion, underline denotes addition):
CHAPTER 3.09
DISASTERS AND EMERGENCIES
Disaster Council and Emergency Services Organization
3.09.005 Purposes
3.09.010 Definitions
3.09.015 Disaster Council membership; powers and duties
3.09.020 Director and Assistant Director of Emergency Services; powers and duties
3.09.025 Succession
3.09.030 Emergency organization p4a-14
3.09.035 Emergency plan Expcnditures
3.09.040 Expenditures Punishment of violations
3.09.045 Temporary antenna installations
3.09.050 Punishment of violations
§ 3.09.005 PURPOSES.
The declared purposes of this Chapter are to provide for the preparation and
carrying out of plans for the protection of persons and property and the environment
within this City in the event of an emergency; the direction of the emergency
-2-organization; and the coordination of the emergency functions of this City with all
other public agencies, corporations, organizations, and affected private persons.
§ 3.09.010 DEFINITIONS.
As used in this Chapter, unless the context otherwise indicates:
-A. EMERGENCY Emergency shall mean the actual or threatened
existence of conditions of disaster or of extreme peril to the safety of persons,
and property or the environment within this City caused by such conditions as
air pollution, fire, flood, storm, epidemic, riotcivil unrest, drought, sudden and
severe energy shortage, or earthquake, or other conditions, including
conditions resulting from terrorist acts or threats, war or imminent threat of
war, but other than conditions resulting from a labor controversy, which
conditions are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of this City, requiring the combined forces
of other political subdivisions to combat.
B. Local Emergency shall have the meaning given it in Section 8558 of
the California Government Code, or its successor provision.
C. State of Emergency shall have the meaning given it in Section 8558
of the California Government Code, or its successor provision.
D. State of War Emergency shall have the meaning given it in Section
8558 of the California Government Code, or its successor provision.
E. Successor provision shall mean the specified section of state law as
amended from time to time and any replacement for that section if that
section is recodified or renumbered.
§ 3.09.015 DISASTER COUNCIL MEMBERSHIP; POWERS AND DUTIES.
A. Disaster Council membership.- The Culver City Disaster Council is
herelay-Gr-eatecl-a-n-d-shall consist of the members of the City Council. The
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28Mayor shall serve as Chairperson, and the Vice Mayor shall serve as Vice
Chairperson. following
1. The Mayor, who shall be Chairman.
Chairman.
3. The Assistant Director of Emergency Services.
/1. Such chiefs of emergency services as are provided for in a
5. Such representatives of civic, busine,'-, labor, veterans, professional,
appointed by the Director with the advice and consent of the City Council.
B. Powers and duties. It shall be the duty of the Culver City Disaster
Council, and it is hereby empowered:
1. -Jo-tia develop and recommend for adoption by the City Council,
emergency and mutual aid plans and agreements, and such
ordinances and resolutions and rules and regulations as are necessary
to implement such plans and agreements.
2. To forward a copy of any emergency plan developed and
adopted by the City to the State of California Office of Emergency
Services, including without limitation, the City of Culver City
Emergency Plan provided for in Section 3.09,030.
3. To register disaster service workers; provided, however, that the
Disaster Council may delegate the act of registering disaster service
workers to others through the City of Culver City Emergency Plan.
4. To designate the individual responsible for keeping the
registration of disaster service workers current, and for the accuracy
and safekeeping of the official registration records, provided however,
-4-that the documented proof that the disaster service worker has taken
the oath of office shall be filed in the office of the City Clerk.
5. To direct the activities of disaster service workers within the City
through its role in the adoption of the City of Culver City Emergency
Plan. The Emergency Plan shall delegate to City staff the authority to
direct the activities of disaster service workers during a Local
Emergency, State of Emergency, or State of War Emergency.
C. The Disaster Council shall meet upon call of the Chairman
Chairperson or, in his absence from the City or inability to call such meeting,
upon call of the Vice Chairpersonrnan.
D. The Disaster Council shall have such other powers, duties and
responsibilities of a local disaster council pursuant to the provisions of Article
10 of the California Emergency Services Act (beginning with California
Government Code section 8610), as amended from time to time and any
replacement of that Article if that Article is recodified or renumbered.
§ 3.09.020 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY
SERVICES; POWERS AND DUTIES.
A. Director and Assistant Director of Emergency Services.
1. There is hereby created the office of Director of Emergency
Services. The City Manager shall be the Director of Emergency
Services.
2. There is hereby created the office of Assistant Director of
Emergency Services.„ who shall be appointed by the DirectorThe
Assistant City Manager shall be the Assistant Director of Emergency
Services.
B. Powers and duties.
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25 e. Represent this City in all dealings with public or private
26 agencies on matters pertaining to emergencies as defined
27 herein.
28|109| The Director of Emergency Services is hereby empowered to:
a. Monitor and evaluate potentially dangerous emergency
situations, and when appropriate, rRequest the City Council to
proclaim the existence or threatened existence of a .tLlocal
emergenc-yEmergencyL if the City Council is in session, or to
issue such proclamation if the City Council is not in session.
Whenever a local emergency is proclaimed by the Director of
Emergency Services, the City Council shall take action to ratify
the proclamation within 7 days thereafter or the proclamation
shall have no further force or effect. If the City Council does not
ratify the Local Emergency, such inaction shall not affect the
validity of the Local Emergency during the period of time that it
was in effect.
b. Request the Governor to proclaim a Sstate of
Eemergency L-when, in the opinion of the Director of Emergency
Services, the locally available resources are inadequate to cope
with the emergency and the City Council is not in session.
c. Control and direct the effort of the emergency
organization of this City for the accomplishment of the purposes
of this Chapter.
d. Direct cooperation between and coordination of services
and staff of the emergency organization of this City; and resolve
questions of authority and responsibility that may arise between
them.
(0.
-6-f. Coordinate and carry out the policies and direction of the
City Council and the Disaster Council, and perform such other
duties and responsibilities as delegated by the Disaster Council
or by the City Council.
g.
Adopt rules and regulations consistent with the
provisions of this Chapter for operation of the Office of
Emergency Services.
fh. In the event of the proclamation of a ILocal
eEmergency as herein provided, the proclamation of a "state
State of Eemergency2 by the Governor or the Director of the
State Office of Emergency Services, or the existence of a
sState of wWar eEmergency, the Director of Emergency
Services is hereby empowered:
(1) To implement and carry out the City of Culver City
Emergency Plan adopted pursuant to Section 3.09.030;
'(2) To make and issue rules and regulations on
matters reasonably related to the protection of life
persons, and property and the environment as affected
by such emergency, including but not limited to orders
and regulations imposing a curfew within designated
boundaries where necessary to preserve the public order
and safety; provided, however, such rules and
regulations must be confirmed at the earliest practicable
time by the City Council;
(23) To obtain vital supplies, equipment, and such
other properties found lacking and needed for the
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and property, and the environment, and to bind the City
for the fair value thereof, and, if required immediately, to
commandeer the same for public use;
(4) To authorize the use of any gifts of services,
equipment, temporary loan of equipment, supplies,
goods or other in-kind donations, as necessary to provide
for the protection of persons, property, and the
environment, regardless of whether the donation comes
from public or private sources. The order authorizing the
use of any gifts shall be in writing. Any such donations
used by the City shall be deemed duly accepted by the
City Council in accordance with Section 37354 of the
California Government Code, or its successor provision.
A report of all such gifts used shall be made to the City
Council at its next regular meeting for review.
(35) To require emergency services of any City officer
or employee ., and, in the event of the proclamation of a
located or the existence of a "state of war emergencto
command the aid of as many citizens of this community
as he or she deems necessary in the execution of his or
her duties, and to grant to public officers, employees,
and registered volunteers the authority to command the
aid of citizens of this community as they deem necessary
in the execution of their duties; such persons shall be
entitled to all privileges, benefits, and immunities as are
-8-provided by state law for registered disaster service
workers;
(46) To requisition necessary personnel or material of
any City department or agency; and
(7) To request state aid, including without limitation,
financial aid, equipment, personnel, supplies or anything
else that the state or federal government may provide to
assist the City in coping with, responding to, or
recovering from the emergency situation;
(8) To perform such other functions as necessary or
appropriate to cope with the emergency situation; and,
(59) To execute all of his or her ordinary powers as
City Manager, all of the special powers conferred upon
him or her by this Chapter or by resolution or emergency
plan pursuant hereto and adopted by the City Council,
and all powers conferred upon him or her by any statute,
by any agreement approved by the City Council, and by
any other lawful authority.
In the event of a situation in which a significant number
of persons are without the ability to obtain shelter, resulting in a
threat to their health and safety, the Director of Emergency
Services may issue a declaration of a shelter crisis pursuant to
Section 8698.2 of the California Government Code, or its
successor provision.
2. The Director of Emergency Services shall designate the order of
succession to that office, to take effect in the event the Director is
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an emergency. Such order of succession shall bc approved by the City
Coun-32. The Director of Emergency Services, or his or her
designee, shall, with the assistance of the Fire Chief, and the Police
Chief, manage the emergency operations of the City.
3. The Assistant Director of Emergency Services shall, under the
supervision of the Director of Emergency Services, and with the
manage the emergency programs of this City; and shall have such
other powers and duties as may be assigned by the Director of
Emergency Services.
§ 3.09.025 SUCCESSION.
A. Director of Emergency Services.
1. The City Manager, as Director of Emergency Services, shall
designate the order of succession to that office, in a letter signed by
the City Manager and delivered to the City Clerk, and such person(s)
designated shall automatically serve as Acting Director of Emergency
Services, in the order specified in the letter, until the City Manager is
present and able to serve. Such letter may delineate the
circumstances and provide the parameters for determining when the
City Manager or other successors are absent or unable to perform the
duties of the Director of Emergency Services.
2. Such persons who serve as Acting Director of Emergency
Services shall be employees or officers of the City. An individual
serving as Acting Director of Emergency Services shall have the
authority and powers of the Director of Emergency Services.
3. The City's Emergency Plan may provide additional guidelines to
assist City personnel in determining when the City Manager, or his or
-10-her successor, is absent or unable to perform the duties of the Director
of Emergency Services.
B. City Council.
In the event of a State of War Emergency, or declaration of a State of
Emergency, or Local Emergency, City Council vacancies may be filled and
the City Council may be reconstituted using the methods provided in Article
15 of Division 1 of Title 2 of the California Government Code (§§ 8635 et
seq.) as amended from time to time and any replacement for that Article if
that Article is recodified or renumbered.
3.09.030 EMERGENCY ORGANIZATION.
All officers and employees of this City, together with those volunteer forces
enrolled to aid them during an emergency, and all groups, organizations, and
persons who may by agreement or operation of law, including persons impressed
into service under the provisions of this Chapter, be charged with duties incident to
the protection of lifopersons, an-el-property and the environment in theis City during
such emergency, shall constitute the emergency organization of the City of Culver
City.
§ 3.09.030035 -EMERGENCY PLAN.
The Culver City Disaster Council shall be responsible for the development of
the City of Culver City Emergency Plan; which such -plan shall provide for the
effective mobilization of all of the resources of this City, both public and private, to
meet any condition constituting a Llocal Eemergency, state State of Eemergency, or
S&tate of Wwar Eemergency; and shall provide for the organization, powers and
duties, services, and staff of the emergency organization. Such plan shall take effect
upon adoption by resolution of the City Council.
§ 3.09.035040 'EXPENDITURES.
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28 1 Any expenditures made in connection with emergency activities, including
2 mutual aid activities, shall be deemed conclusively to be for the direct protection and
3 benefit of the inhabitants and property of the City of Culver City.
4 3.09.045 TEMPORARY ANTENNA INSTALLATIONS.
|99| The City Manager, as the Director of Emergency Services, is authorized in
6 the event of a Local Emergency, State of Emergency or State of War Emergency to
7 accommodate all providers of wireless services whose antenna facilities can be
deployed immediately within the City for the purpose of implementing the City of
9 Culver City Emergency Plan, coordinating the emergency and disaster functions of
10 the City, and protecting persons, property and the environment. The temporary
11 deployment of such wireless antenna facilities may be authorized at such locations,
12 and for such period of time, as will afford maximum protection for the public health,
13 welfare, and safety.
14 § 3.09.040050 PUNISHMENT OF VIOLATIONS.
15 It shall be a misdemeanor, punishable by a fine of-not to exceed Five
16 14und-reciOne Thousand Dollars ($51 000.00), or by imprisonment for a period not to
17 exceed six (6) months, or both, for any person, during an emergency, to:
18 A. Willfully obstruct, hinder, or delay any member of the emergency
19 organization in the enforcement of any lawful rule or regulation issued
20 pursuant to this Chapter, or in the performance of any duty imposed upon
21 him or her by virtue of this Chapter.
22 B. Do any act forbidden by any lawful rule or regulation issued pursuant
23 to this Chapter, if such act is of such a nature as to give or be likely to give
24 assistance to the enemy or to imperil the lives or property of inhabitants of
25 this City, or to prevent, hinder, or delay the defense or protection thereof.
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-12-C. Wear, carry, or display, without authority, any means of identification
specified by the Director of Emergency
Services or specified in the City's Emergency Plan.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take
effect thirty (30) days after the date of its adoption. Pursuant to Sections 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 places within the City.
SECTION 4. The 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 of any 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.
APPROVED AND ADOPTED this day of , 2010.
CHRISTOPHER ARMENTA, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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faltA2MA
MARTIN R. COLE, City Clerk - A ROL A. SCHWAB, City Attorney
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28West's Annotated California Codes
Government Code
Title 2. Government of the State of California
Division 1. General
Chapter 7. California Emergency Services Act
'‘Q Article 2. General Definitions
§ 8558. Conditions or degrees of emergency
Three conditions or degrees of emergency are established by this chapter:
(a)
"State of war emergency" means the condition which exists immediately, with or without a
proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the
United States, or upon receipt by the state of a warning from the federal government indicating that
such an enemy attack is probable or imminent.
(b)
"State of emergency" means the duly proclaimed existence of conditions of disaster or of ex-
treme peril to the safety of persons and property within the state caused by such conditions as air
pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or
animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or
an earthquake, or other conditions, other than conditions resulting from a labor controversy or
conditions causing a "state of war emergency," which, by reason of their magnitude, are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of any single
county, city and county, or city and require the combined forces of a mutual aid region or regions
to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage re-
quires extraordinary measures beyond the authority vested in the California Public Utilities
Commission.
(c)
"Local emergency" means the duly proclaimed existence of conditions of disaster or of ex-
treme peril to the safety of persons and property within the territorial limits of a county, city and
county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot,
drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's
warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than
conditions resulting from a labor controversy, which are or are likely to be beyond the control of
the services, personnel, equipment, and facilities of that political subdivision and require the
combined forces of other political subdivisions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary measures beyond the au-
thority vested in the California Public Utilities Commission.
(Added by Stats.1970, c. 1454, p. 2846, § 2. Amended by Stats.1977, c. 169, p. 685, § 2, eff. June
30, 1977; Stats.1977, c. 581, p. 1936, § 1; Stats.1982, c. 1531, p. 5956, § 4; Stats.1984, c. 1284, §
2; Stats.1999, c. 784 (A.B.724), § 13, eff. Oct. 10, 1999; Stats.2007, c. 16 (A.B.908), _§ 2.)ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 3.09 OF THE
CULVER CITY MUNICIPAL CODE BY ADDING
SECTIONS 3.09.200 THROUGH 3.09.215
ESTABLISHING RESTRICTIONS ON EXCESSIVE AND
UNJUSTIFIED INCREASES IN CONSUMER PRICES
DURING A DECLARED EMERGENCY
WHEREAS, under California Penal Code Section 396(i), municipalities are
authorized to enact local legislation prohibiting excessive and unjustified increases in the
prices of essential consumer goods and services when a declared emergency results in
abnormal disruptions of the market; and
WHEREAS, it is in the best interests of the City of Culver City to protect the
residents of Culver City during or shortly after an emergency, from excessive and
unjustified increases in the prices charged for goods and services that are vital and
necessary for the health, safety, and welfare of consumers; and
WHEREAS, this Ordinance does not apply where prohibited or preempted by state
or federal law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.09 of the Culver City Municipal Code is hereby amended to
add a subchapter entitled "Restrictions pertaining to excessive and unjustified increases in
consumer prices during a declared emergency" (Sections 3.09.200 through 3.09.215) as
follows:
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Restrictions Pertaining to Excessive and Unjustified increases in Consumer Prices
During a Declared Emergency
(Anti-Price Gouging Ordinance)
3.09.200 Findings and Intent
3.09.205 Definitions
3.09.210 Prohibition against Excessive and Unjustified Increases in Consumer Prices
during a Declared Emergency
3.09.215 Extension of Time Period during Which Prohibition is in Effect
3.09.200 Findings and Intent.
The City Council hereby finds that during emergencies and major disasters
elsewhere, including, but not limited to, earthquakes, fires, floods, or civil
disturbances, some merchants have taken unfair advantage of consumers by
greatly increasing prices for essential consumer goods and services. While the
pricing of consumer goods and services is generally best left to the marketplace
under ordinary conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that excessive and unjustified
increases in the prices of essential consumer goods and services be prohibited. It is
the intent of the City Council in enacting this ordinance to protect citizens from
excessive and unjustified increases in the prices charged during or shortly after an
emergency for goods and services that are vital and necessary for the health,
safety, and welfare of consumers. Further it is the intent of the City Council that this
Article be liberally construed so that its beneficial purposes may be served.
3.09.205 Definitions.
For the purposes of this Subchapter, the following terms shall have the
following meanings:
-2-A. 'Building materials' means lumber, construction tools, windows, and
anything else used in the building or rebuilding of property.
B. 'Consumer food item' means any article that is used or intended for
use for food, drink, confection, or condiment by a person or animal.
C. 'Declared Emergency' means a Local Emergency or State of
Emergency as defined in Section 3.09.010 of this Code.
D. 'Emergency supplies' includes, but is not limited to, water, flashlights,
radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape,
toiletries, plywood, nails, and hammers.
E. 'Gasoline' means any fuel used to power any motor vehicle or power
tool.
F. 'Goods' has the same meaning as defined in subdivision (c) of Section
1689.5 of the California Civil Code.
G. 'Housing' means any rental housing leased on a month-to-month term.
H. 'Medical supplies' includes, but is not limited to, prescription and
nonprescription medications, bandages, gauze, isopropyl alcohol, and
antibacterial products.
I. 'Repair or reconstruction services' means services performed by any
person who is required to be licensed under the California Contractors' State
License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the
California Business and Professions Code), for repairs to residential or
commercial property of any type that is damaged as a result of an event that
led to a Declared Emergency or State of War Emergency.
J. 'Transportation, freight, and storage services' means any service that
is performed by any company that contracts to move, store, or transport
personal or business property or rents equipment for those purposes.
-3- 1 3.09.210 Prohibition Against Excessive And Unjustified Increases In
|99| Consumer Prices During A Declared Emergency.
|99| A. Consumer Goods and Services
4 1. Upon the proclamation of a Declared Emergency or an event
5 triggering a State of War Emergency, and for a period of 30 days
6 following the proclamation of a Declared Emergency or the event that
7 triggered a State of War Emergency, it is unlawful for a person,
8 contractor, business, or other entity to sell or offer to sell any
9 consumer food items or goods, goods or services used for emergency
10 cleanup, emergency supplies, medical supplies, home heating oil,
11 building materials, housing, transportation, freight, and storage
12 services, or gasoline or other motor fuels for a price of more than 10
13 percent above the price charged by that person for those goods or
14 services immediately prior to the proclamation of a Declared
15 Emergency or the event that triggered a State of War Emergency.
16 2. Subject to subsection A.3 below, a person may only increase
17 prices in excess of the amount permitted in subsection A.1 as follows:
18 (1) The seller or vendor can demonstrate that the increase in
19 price is directly attributable to additional costs imposed on that
20 person by the supplier of the goods; or,
21 (ii) The seller or vendor can demonstrate that the increase in
22 price is directly attributable to additional costs for labor or
23 materials used to provide the services.
24 3. In those situations where the increase in price is attributable to
25 additional costs imposed by the seller's supplier or additional costs of
26 providing the good or service during the Declared Emergency or State
27 of War Emergency, the price charge shall represent no more than 10
28
-4-percent above the total of the cost to the seller, plus the markup
customarily applied by the seller for that good or service in the usual
course of business immediately prior to the proclamation of a Declared
Emergency or the event that triggered a State of War Emergency.
4. A business offering an item for sale at a reduced price
immediately prior to the proclamation of a Declared Emergency or the
event triggering a State of War Emergency may use the price at which
it usually sells the item to calculate the price increase permitted
pursuant to this Section.
B. Construction, Repair, and Clean-up Services
1. Upon the proclamation of a Declared Emergency or an event
triggering a State of War Emergency, and for a period of 180 days
following the proclamation of a Declared Emergency or the event that
triggered a State of War Emergency, it is unlawful for a contractor to
sell or offer to sell any repair or reconstruction services, or any
services used in emergency cleanup, for a price of more than 10
percent above the price charged by that person for those services
immediately prior to the proclamation of a Declared Emergency or the
event that triggered a State of War Emergency.
2. Subject to subsection B.3 below, a person may increase prices
in excess of the amount permitted in subsection B.1. as follows:
(i) The seller or vendor can demonstrate that the increase in
price is directly attributable to additional costs imposed on that
person by the supplier of the goods; or,
(ii) The seller or vendor can demonstrate that the increase in
price is directly attributable to additional costs for labor or
materials used to provide the services.
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3. In those situations where the increase in price is attributable to
the additional costs imposed by the contractor's supplier or additional
costs of providing the service during the Declared Emergency or State
of War Emergency, the price represents no more than 10 percent
above the total of the cost to the contractor, plus the markup
customarily applied by the contractor for that good or service in the
usual course of business immediately prior to the proclamation of a
Declared Emergency or the event that triggered a State of War
Emergency.
4. A contractor offering services at a reduced price immediately
prior to the proclamation of a Declared Emergency or the event
triggering a State of War Emergency may use the price usually
charged for the services to calculate the price increase permitted
pursuant to this subchapter.
C. Hotel and Motel Rates
1. Upon the proclamation of a Declared Emergency or an event
triggering a State of War Emergency, and for a period of 30 days
following the proclamation of a Declared Emergency or the event that
triggered a State of War Emergency, it is unlawful for an owner or
operator of a hotel or motel to increase the hotel or motel's regular
rates, as advertised immediately prior to the proclamation of a
Declared Emergency or the event that triggered a State of War
Emergency, by more than 10 percent.
2. A hotel owner or operator may increase prices in excess of the
amount permitted by subsection C.1. if the owner or operator can
prove that the increase in price is directly attributable to additional
costs imposed on it for goods or labor used in its business, to seasonal
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MARTIN R. COLE, City Clerk
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adjustments in rates that are regularly scheduled, or to previously
contracted rates.
3.09.215.
Extension of Time Period During Which Prohibition is in Effect.
The provisions of this Article may be extended for additional 30-day periods
by the Director of Emergency Services or the City Council, if deemed appropriate to
protect public health, safety, or welfare.
SECTION 2.
Pursuant to Section 619 of the City Charter, this Ordinance shall take
effect thirty (30) days after the date of its adoption. Pursuant to Sections 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 places within the City.
SECTION 3. The 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 of any 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.
APPROVED AND ADOPTED this day of , 2010.
CHRISTOPHER ARMENTA, Mayor
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28RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, REGARDING WORKERS'
COMPENSATION BENEFITS FOR REGISTERED
DISASTER SERVICE WORKERS, AND RESCINDING
RESOLUTION CS-754
WHEREAS, Government Code Section 8580 provides that the
California Emergency Council ("Emergency Council") shall establish by rule
and regulation various classes of disaster service workers and the scope of
the duties of each class, and shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each class are to
be registered, in order to facilitate the payment of workers' compensation;
and,
WHEREAS, the Emergency Council has adopted rules and regulations
establishing classes of disaster service workers, the scope of duties of each
class, and the manner of registration of such volunteer disaster service
workers; and,
WHEREAS, Government Code Section 8612 provides that any
disaster council that both agrees to follow the rules and regulations
established by the Emergency Council and substantially complies with such
rules and regulations shall be certified by the Emergency Council; and,
WHEREAS, the City of Culver City desires to register volunteer
disaster service workers; and,
WHEREAS, the City of Culver City continues to desire to be an
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28workers who are injured while providing disaster service may benefit by the
provisions of Chapter 10 of Division 4 of Part 1 of the Labor Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CULVER CITY DOES HEREBY RESOLVE AS FOLLOWS:
1. The City of Culver City does hereby reaffirm its agreement to
follow the rules and regulations established by the Emergency Council
pursuant to the provisions of Government Code Section 8580 and the 1949
creation of the City's Disaster Council and its uninterrupted existence as the
Disaster Council, or any other name by which it was known.|109| It is the intent of the City Council of the City of Culver City in
enacting this resolution that it shall be considered a revision and continuation
of the resolution rescinded by this resolution, and the status of any volunteer
registered disaster workers, if any, shall not be affected by such rescission;
nor shall plans and agreements, or rules and regulations, adopted by the City
pursuant to such rescinded resolutions be affected by such rescission until
amended, modified, or superseded as provided in the Culver City Municipal
Code.
3. The City Clerk shall send a certified copy hereof to the
Emergency Council.
4. Resolution CS-754 is hereby rescinded.
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III
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28ROL A. SCHWAB, City Attorney
5. This resolution shall become effective as of the date of
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APPROVED and ADOPTED this day of , 2010.
CHRISTOPHER ARM ENTA, MAYOR
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
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