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CHAPTER 6: EMERGENCY ORGANIZATION AND FUNCTIONS,
AND UNFAIR PRICING
AND UNFAIR PRICING
6-3. Office of Emergency Services; Director duties
6-4. Termination of local emergency
6-5. Disaster council
6-6. Emergency organization
6-8. Violations and unfair pricing
The purposes of this chapter are to provide for the protection of individuals and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with other public agencies, corporations, organizations, and private individuals; and to ensure that citizens are protected from excessive and unjustified increases in the prices charged, during or shortly after a declared state of emergency, local emergency, or state of war emergency, for goods and services that are vital and necessary for the health, safety, and welfare of consumers.
(`64 Code, Sec. 10-1) (Ord. No. 2429, 2916, 2942)
For the purposes of this chapter, the following words shall have the following meanings:
(A) BUILDING MATERIALS - Lumber, construction tools, windows, and anything else used in the building or rebuilding of property.
(B) CONSUMER FOOD ITEM - Any article that is used or intended for use for food, drink, confection, or condiment by an individual or animal.
(C) DISASTER SERVICE WORKER - A person defined as a disaster service worker in Cal. Gov’t Code, Section 3101 and Cal. Labor Code, Section 3211.92.
(D) EMERGENCY - Local emergency, state of emergency or state of war emergency, depending of the context.
(E) EMERGENCY SUPPLIES - Includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails and hammers.
(F) GASOLINE - Any fuel used to power any motor vehicle or power tool.
(G) GOODS - Tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property, whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold with this vehicle if sold under a contract governed by Cal. Civil Code, Section 2982, and does not include any mobilehome, as defined in Section 18008 of the Cal. Health and Safety Code, nor any goods sold with this mobilehome if either are sold under a contract subject to Section 18036.5 of the Cal. Health and Safety Code.
(H) HOUSING - Any rental housing with an initial lease term no longer than one year.
(I) LOCAL EMERGENCY - The actual or threatened existence of conditions of disaster or of extreme peril to the safely of persons and property within the city caused by such conditions as air pollution, fire, flood, tsunami, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the warning by the governor of the State of an earthquake or volcanic eruption, an earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but not including 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 the city, requiring the combined forces of other public agencies to combat.
(J) MEDICAL SUPPLIES - Includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.
(K) PERSON - A person, contractor, business, or other entity.
(L) REPAIR AND CONSTRUCTION SERVICES - Services performed by any person who is required to be licensed under the Contractors’ State License Law (Chapter 9 (commencing with section 7000) of Division 3 of the Cal. Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of a disaster.
(M) STATE OF EMERGENCY - An emergency proclaimed by the governor of the State, as provided in Cal. Gov’t Code, Section 8558(b).
(N) STATE OF WAR EMERGENCY - The condition described in Cal. Gov’t Code, Section 8558(a).
(O) 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.
(`64 Code, Sec. 10-2) (Ord. No. 2429, 2815, 2916, 2942)
(A) There is hereby created the Office of Emergency Services (OES). The director of the OES shall be the city manager. The assistant director shall be the designated assistant city manager. The deputy director shall be the fire chief. An emergency services manager shall be appointed by the deputy director.
(B) The director shall:
(1) 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. Such plans, agreements, ordinances and resolutions shall provide, to the extent possible, for the effective mobilization of the resources of the city, both public and private, to meet any condition constituting a local emergency, a state of emergency or a state of war emergency;
(2) If the city council is in session, request the city council to proclaim the existence or threatened existence of a local emergency;
(3) If the city council is not in session, proclaim the existence or threatened existence of a local emergency. A local emergency proclaimed by the director shall not remain in effect for more than seven days unless ratified by the city council;
(4) If the city council is not in session, request the governor to proclaim a state of emergency when, in the opinion of the director, locally available resources are inadequate to cope with an emergency; and
(5) Control and direct the emergency services of the city and resolve questions of authority and responsibility arising therefrom.
(C) In the event of the proclamation of a local emergency, a state of emergency or the proclamation or existence of a state of war emergency, the director shall:
(1) Promulgate orders and regulations necessary to provide for the protection of life and property and, at the earliest practicable time, request the city council to ratify such orders and regulations;
(2) Obtain supplies, equipment and other property needed for the protection of life and property, and bind the city for the fair value thereof, and, if required immediately, commandeer the same for public use;
(3) Require emergency services of any city officer or employee;
(4) Requisition necessary personnel or material of any city program or agency; and
(5) Exercise his/her ordinary powers as city manager, the special powers conferred on him/her by this chapter or by resolution or emergency plan adopted by the city council, and powers conferred on him/her by statute, by any agreement approved by the city council, and by any other lawful authority.
(D) In the event of an emergency, the director may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. If the director orders any such action, the director shall report to the city council, at its next meeting, the reasons justifying why the emergency did not or will not permit a delay resulting from a competitive solicitation for bids, and why the action was or is necessary to respond to the emergency.
(E) The assistant director shall have such other powers and duties as may be assigned by the director, and shall be acting director if the director is unavailable during an emergency.
(F) The deputy director shall have such other powers and duties as may be assigned by the director, will oversee the emergency management program, and shall be acting director if the director and assistant director are unavailable during an emergency.
(G) The emergency services manager shall, under the supervision of the deputy director, develop emergency plans and manage the emergency management programs of the city.
(`64 Code, Sec. 10-3) (Ord. No. 2429, 2916, 2942)
After a local emergency is proclaimed by the city council or the director, the city council shall review, at least every 30 days until the local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
(`64 Code, Sec. 10-4) (Ord. No. 2429, 2916)
(A) There is hereby established a disaster council, consisting of the following:
(1) The director of the OES, who shall be the chair;
(2) The assistant director of the OES, who shall be vice chair;
(3) The deputy director of the OES;
(4) The emergency services manager;
(5) The section coordinators designated in the city’s emergency plan;
(6) The mayor; and
(7) The chair of the Inter Neighborhood Council Organization.
(B) The disaster council shall meet no less than once per year, and will be responsible for reviewing and recommending plans, policies and ordinances that will aid in the preparedness, response and recovery from disasters, including, but not limited to, earthquakes, tsunamis, floods and other natural or manmade disasters. In the event of the proclamation of a state of emergency in the county or the proclamation or existence of a state of war emergency, the disaster council may command the aid of disaster service workers to assist the director and the emergency organization. The emergency services manager, under the authority of the disaster council, shall register and direct the activities of disaster service workers. The disaster council shall apply for certification by the California Emergency Council, as provided in Cal. Gov’t Code, Section 8612, and become an accredited disaster council.
(`64 Code, Sec. 10-5) (Ord. No. 2429, 2916, 2942)
All officers and employees of the city, together with volunteers and all groups, organizations and persons, including disaster service workers, who may by agreement or operation of law be charged with duties incidental to the protection of life and property in the city during an emergency, shall constitute the emergency organization of the city.
(`64 Code, Sec. 10-6) (Ord. No. 2429, 2916, 2942)
Any expenditures made by the emergency organization 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.
(`64 Code, Sec. 10-7) (Ord. No. 2429, 2916, 2942)
(A) During a local emergency, state of emergency or state of war emergency, no individual shall:
(1) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any rule, regulation, order or directive issued pursuant to this chapter, or in the performance of any duty imposed on him/her by virtue of this chapter.
(2) Do any act forbidden by any rule, regulation, order or directive issued pursuant to this chapter, including violation of any curfew so established. However, an affirmative defense to violation of such a curfew shall be that the person charged was traveling to or from work or school, was homeless, or was seeking medical treatment.
(3) Wear, carry or display any emblem, insignia or other means of identification as a member of the emergency organization of the city, the county, or the State, unless authority to do so has been granted to such person by the proper official.
(B) Goods and services. Upon the declaration of an emergency, and for a period of 30 days following that declaration, it is unlawful for a person 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% above the price charged by that person for those goods or services immediately prior to the declaration, unless that person can prove that the increase in price is directly attributable to additional costs imposed upon it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services.
(C) Hotels, motels and other short-term rentals. Upon the declaration of an emergency, and for a period of 30 days following that declaration, it is unlawful for any person to rent or lease a hotel or motel room, or other short-term rental unit, including a vacation rental unit, in the city for more than 10% above the hotel, motel or other short-term rental’s regular rates, as advertised immediately prior to declaration of emergency, unless that person can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in the businesses, to seasonal adjustments that are regularly scheduled, or to previously contracted rates.
(D) Construction goods and services. Upon the declaration of an emergency, and for a period of 180 days following that declaration, 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% above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency, unless that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services.
(E) The provisions of this section may be extended for additional 30-day period by the city council if deemed necessary to protect the lives, property, or welfare of its citizens.
(`64 Code, Sec. 10-8) (Ord. No. 2429, 2916, 2942)
Any violation of this chapter shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both.
(`64 Code, Sec. 10-9) (Ord. No. 2429, 2916, 2942)