City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt 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 (Attachment 1); and
2. Adopt 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 (Attachment 2).
BACKGROUND/DISCUSSION:
At the City Council meeting of October 11, 2010, the City Council introduced
these two related Ordinances by a unanimous vote (5-0). The first Ordinance
updates the City’s Disaster Council and emergency organization, and the second
ordinance adds “anti-price gouging” provisions to the CCMC during a state of war
or declared emergency. The two ordinances are brought back tonight for
adoption.
Meeting Date: 10/25/10 Item Number: C-3__
AGENDA ITEM: Adoption 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; Adoption 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
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: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (10/20/10)
Department Approval:
Christopher Sellers (by D. White)
(10/14/10)
City Attorney Approval:
Carol Schwab (by L. Vidra ) (10/14/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/20/10)
City Manager Approval:
John M. Nachbar (10/20/10) City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
Adoption of these Ordinances does 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. Emergency Services Ordinance
2. Anti-Price Gouging Ordinance
MOTION:
That the City Council:
1. Adopt 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; and,
2. Adopt 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.
MEETING DATE: October 25, 2010
AGENDA ITEM : Adoption 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; Adoption 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.
ATTACHMENTS
Pacies
1. Emergency Services Ordinance 1-13
2. Anti-Price Gouging Ordinance 14-20ORDINANCE 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
COUNCIL AND EMERGENCY ORGANIZATION
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:|101010101010101010 10
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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 oroanization plan
3.09.035 Emeroency plan E-xpenditures
3.09.040 Expenditures Punichmcnt 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-a-Reli 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,.
aia-d-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
hereby-created-and-shall consist of the members of the City Council. The
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5. Such representatives of civic, busine .-s, labor, veterans, professional,
.**C ' C t
Mayor shall serve as Chairperson, and the Vice Mayor shall serve as Vice
Chairperson. following:
1. The Mayor, who shall be Chairman.
2. The Director of Emergency Services, who shall be Vice
Chairman.
3. The Ar-sistant Director of Emergency Services.
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t t t •••* * •
B. Powers and duties. It shall be the duty of the Culver City Disaster
Council, and it is hereby empowered:
1. To-4e 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 Chairpersonman-.
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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1. The Director of Emergency Services is hereby empowered to:
a. Monitor and evaluate potentially dangerous emergency
situations, and when appropriate, r-Request the City Council to
proclaim the existence or threatened existence of a!Llocal
e-m-e-r-g-en-GyEmergenc- 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
Eemergencywhen, 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.
e. Represent this City in all dealings with public or private
agencies on matters pertaining to emergencies as defined
herein.
-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.
q. 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 4Local
eEmergency as herein provided, the proclamation of a "stato
State of Eemergency by the Governor or the Director of the
State Office of Emergency Services, or the existence of a
State 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, an-el-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
protection of lifepersons and 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,
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to
Mai
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
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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,
( 9) 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
succeosion to that office, to take effect in the event the Director is
unavailable to attend meetings and otherwise perform his duties during
-9-an emergency. Such order of succession shall be approved by the City
Coun32. 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
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28her 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 lifcpersons, and property and the environment in thei-s City during
such emergency, shall constitute the emergency organization of the City of Culver
City.
§ 3.09.03-0035 -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 [emergency, ctate State of Eemergency, or
Sstate 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.
§ 3.09.036040 EXPENDITURES.
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28 Any expenditures made in connection with emergency activities, including
mutual aid activities, shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the City of Culver City.
3.09.045 TEMPORARY ANTENNA INSTALLATIONS.
The City Manager, as the Director of Emergency Services, is authorized in
the event of a Local Emergency, State of Emergency or State of War Emergency to
accommodate all providers of wireless services whose antenna facilities can be
deployed immediately within the City for the purpose of implementing the City of
Culver City Emergency Plan, coordinating the emergency and disaster functions of
the City, and protecting persons, property and the environment. The temporary
deployment of such wireless antenna facilities may be authorized at such locations,
and for such period of time, as will afford maximum protection for the public health,
welfare, and safety.
§ 3.09.040050 PUNISHMENT OF VIOLATIONS.
It shall be a misdemeanor, punishable by a fine of-not to exceed Five
14u44d-redOne Thousand Dollars ($5j00.00), or by imprisonment for a period not to
exceed six (6) months, or both, for any person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued
pursuant to this Chapter, or in the performance of any duty imposed upon
him or her by virtue of this Chapter.
B. Do any act forbidden by any lawful rule or regulation issued pursuant
to this Chapter, if such act is of such a nature as to give or be likely to give
assistance to the enemy or to imperil the lives or property of inhabitants of
this City, or to prevent, hinder, or delay the defense or protection thereof.
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28AROL A. SCHWAB, City Attorney
C. Wear, carry, or display, without authority, any means of identification
specified by the cmergcncy agcncy of the StateDirector of EmergencV
Services or specified in the City's Emerqency 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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MARTIN R. COLE, City ClerkORDINANCE 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
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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- 3.09.210 Prohibition Against Excessive And Unjustified Increases In
Consumer Prices During A Declared Emergency.
A. Consumer Goods and Services
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 a person,
contractor, business, or other entity to sell or offer to sell any
consumer food items or goods, goods or services used for emergency
cleanup, emergency supplies, medical supplies, home heating oil,
building materials, housing, transportation, freight, and storage
services, or gasoline or other motor fuels for a price of more than 10
percent above the price charged by that person for those goods or
services immediately prior to the proclamation of a Declared
Emergency or the event that triggered a State of War Emergency.
2. Subject to subsection A.3 below, a person may only increase
prices in excess of the amount permitted in subsection A.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.
3. In those situations where the increase in price is attributable to
additional costs imposed by the seller's supplier or additional costs of
providing the good or service during the Declared Emergency or State
of War Emergency, the price charge shall represent no more than 10
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28percent 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-7-
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
City of Culver City, California
APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
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ATTEST: