Culver City Municipal Code Ch. 3.09 Disasters and Emergencies

Section

Disaster Council and Emergency Services Organization

Anti-Price Gouging

DISASTER COUNCIL AND EMERGENCY SERVICES ORGANIZATION

The declared purposes of this Chapter are to provide for the preparation and carrying out of plans for the protection of persons, property and the environment within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons.

('65 Code, § 12-1) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

As used in this Chapter, unless the context otherwise indicates:

EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons, property or the environment within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, civil 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.

LOCAL EMERGENCY. The meaning given it in Section 8558 of the California Government Code, or its successor provision.

STATE OF EMERGENCY. The meaning given it in Section 8558 of the California Government Code, or its successor provision.

STATE OF WAR EMERGENCY. The meaning given it in Section 8558 of the California Government Code, or its successor provision.

SUCCESSOR PROVISION. 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.

('65 Code, § 12-2) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

A. Disaster Council membership. The Culver City Disaster Council shall consist of the members of the City Council. The Mayor shall serve as Chairperson, and the Vice Mayor shall serve as Vice Chairperson.

B. Powers and duties. It shall be the duty of the Disaster Council, and it is hereby empowered:

1. To 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 § 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, 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.

('65 Code, §§ 12-3 - 12-4) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

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. The Assistant City Manager shall be the Assistant Director of Emergency Services.

B. Powers and duties.

1. The Director of Emergency Services is hereby empowered to:

a. Monitor and evaluate potentially dangerous emergency situations, and when appropriate, request the City Council to proclaim the existence or threatened existence of a Local Emergency 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 seven (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 it was in effect.

b. Request the Governor to proclaim a State of Emergency 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.

e. Represent the City in all dealings with public or private agencies on matters pertaining to Emergencies as defined herein.

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.

h. In the event of the proclamation of a Local Emergency as herein provided, the proclamation of a State of Emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a State of War Emergency, the Director of Emergency Services is hereby empowered:

(1) To implement and carry out the City of Culver City Emergency Plan adopted pursuant to § 3.09.030;

(2) To make and issue rules and regulations on matters reasonably related to the protection of persons, 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;

(3) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of persons, 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;

(5) To require emergency services of any City officer or employee, to 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 the community as they deem necessary in the execution of their duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(6) To requisition necessary personnel or material of any City department or agency;

(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,

i. 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, 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, have such powers and duties as may be assigned by the Director of Emergency Services.

('65 Code, §§ 12-5 - 12-6) (Ord. No. CS-696 § 1 (part); Ord. No. 2006-009 § 22 (part); Ord. No. 2010-004 § 2 (part))

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 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.

(Ord. Ord. No. 2010-004 § 2 (part))

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, charged with duties incident to the protection of persons, property and the environment in the City during such emergency, shall constitute the emergency organization of the City of Culver City.

('65 Code, § 12-7) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

The Culver City Disaster Council shall be responsible for the development of the City of Culver City Emergency Plan; such plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War Emergency; 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.

('65 Code, § 12-8) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

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.

('65 Code, § 12-9) (Ord. No. CS-696 § 1 (part); Ord. No. 2010-004 § 2 (part))

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.

(Ord. No. 2010-004 § 2 (part))

It shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), 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.

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.

('65 Code, § 12-10) (Ord. No. CS-696 § 1 (part)); Ord. No. 2010-004 § 2 (part))

ANTI-PRICE GOUGING

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 subchapter 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.

(Ord. No. 2010-005 § 1 (part))

For the purposes of this Subchapter, the following terms shall have the following meanings:

BUILDING MATERIALS. Lumber, construction tools, windows, and anything else used in the building or rebuilding of property.

CONSUMER FOOD ITEM. Any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.

DECLARED EMERGENCY. A Local Emergency or State of Emergency as defined in § 3.09.010 of this Code.

EMERGENCY SUPPLIES. Includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers.

GASOLINE. Any fuel used to power any motor vehicle or power tool.

GOODS. Has the same meaning as defined in subdivision (c) of Section 1689.5 of the California Civil Code.

HOUSING. Any rental housing leased on a month-to-month term.

MEDICAL SUPPLIES. Includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

REPAIR OR RECONSTRUCTION SERVICES. 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.

TRANSPORTATION, FREIGHT, AND STORAGE SERVICES. 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.

(Ord. No. 2010-005 § 1 (part))

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 thirty (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 ten percent (10%) 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.

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 ten percent (10%) 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 thirty (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 ten percent (10%).

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 adjustments in rates that are regularly scheduled, or to previously contracted rates.

(Ord. No. 2010-005 § 1 (part))

The provisions of this Article may be extended for additional thirty (30)-day periods by the Director of Emergency Services or the City Council, if deemed appropriate to protect public health, safety, or welfare.

(Ord. No. 2010-005 § 1 (part))