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File #: 19-1047    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 10/31/2019 In control: County Counsel
On agenda: 11/5/2019 Final action:
Title: Discussion and Possible Adoption of an Urgency Ordinance Prohibiting Price Gouging Following the October 2019, Public Safety Power Shutoff Events (Sponsors: County Counsel and Supervisors McCowen and Williams)
Sponsors: County Counsel
Attachments: 1. Ordinance 4441, 2. Ordinance - Price Gouging 11.5.pdf

 

To:  Board of Supervisors

FromCounty Counsel and Supervisors McCowen and Williams

Meeting DateNovember 5, 2019

 

Department Contact:  

Christian Curtis

Phone: 

234-6885

Department Contact:  

Supervisor McCowen

Phone: 

463-4221

Department Contact:  

Supervisor Williams

Phone: 

463-4221

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 15 min.

 

 

Agenda Title:

title

Discussion and Possible Adoption of an Urgency Ordinance Prohibiting Price Gouging Following the October 2019, Public Safety Power Shutoff Events

(Sponsors: County Counsel and Supervisors McCowen and Williams)

End

 

Recommended Action/Motion:

recommendation

Adopt Urgency Ordinance prohibiting price gouging following the October 2019, Public Safety Power Shutoff Events; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On October 31, 2017, the Board of Supervisors adopted an Urgency Ordinance regarding price gouging following the Redwood Complex Fire event.                     

 

Summary of Request

On October 30, 2019, the Mendocino County Director of Emergency Services declared a local emergency which will be ratified by the Board of Supervisors on November 5, 2019.

 

At the request of Supervisors McCowen and Williams, County staff has prepared an Ordinance that prohibits price gouging following the October 2019, Public Safety Power Shutoff Event and increases the penalties for violating the ordinance.  The purpose of this Ordinance is to impose a more severe penalty than that provided in Penal Code section 396 to ensure that victims of the October 23-29 2019, wind events which lead to the PG&E Public Safety Power Shut Offs are not further victimized by unscrupulous landlords and others wishing to take financial advantage of this disaster.

 

An ordinance for the immediate preservation of the public peace, health, or safety, which contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the board of supervisors, shall take effect immediately.  Government Code section 25131 specifies that an urgency Ordinance may be passed immediately upon introduction.

 

Alternative Action/Motion:

Decline to adopt ordinance; provide additional direction to staff.                     

 

Supplemental Information Available Online at: N/A

 

 

Fiscal Impact:

Source of Funding: N/A

Budgeted in Current F/Y: N/A

 

Current F/Y Cost: N/A

Annual Recurring Cost: N/A

 

 

 

 

Supervisorial District:  All

Vote Requirement:  4/5's

 

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Carmel J. Angelo, CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: November 6, 2019

Executed Item Number: Ordinance   Number: 4441