HomeMy WebLinkAboutReg 2008-02-19 Item 6E - Ordinance - TMC Chapter 2.57 for Emergency Management Coordinator Position Co UNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-022 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008
AGENDA ITEM TITLE Adopt Ordinance to incorporate the National Incident Management System for
Emergency Management.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/11/08 litg Date Mtg Date Mtg Date 02/19/08 "tits Date vt g Date lltg Date:
1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This ordinance will update Tukwila Municipal Code (TMC) Chapter 2.57 to incorporate the
SUMMARY requirements of the Incident Management System (ICS) per the National Incident
Management System (NIMS) for emergency management. The ordinance will direct that
the plans be developed and evaluated for the application of mitigation strategies,
preparation, response, and recovery mechanisms.
COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIS: 02/05/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance to incorporate National Incident Command System.
COMMII ILE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
Fund Source:
Comments.'
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/11/08 1 Forward to next Reaular Meeting'
02/19/08
MTG. DATE ATTACHMENTS
02/11/08 Information Memo dated January 29, 2008
Ordinance
Finance and Safety Committee Meeting Minutes from February 5, 2008
02/19/08 Ordinance in final form
e�J
IPA
C ity of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER
2.57, "EMERGENCY MANAGEMENT,' UPDATING THE REGULATIONS
TO REFLECT THE ADDITION OF THE CITY'S EMERGENCY
MANAGEMENT COORDINATOR POSITION, AND INTEGRATING THE
USE OF THE INCIDENT COMMAND SYSTEM PER THE NATIONAL
INCIDENT MANAGEMENT SYSTEM; REPEALING ORDINANCE NO.
2018; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN
EFFFhCTTVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of providing for the
preparation and implementation of emergency management plans, to ensure the health,
safety and welfare of its citizens; and
WHEREAS, RCW 38.52.070 requires the City to incorporate the use of the Incident
Command System (ICS) per the National Incident Management System (NIMS);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sect 1. TMC 2.57 Amended. Tukwila Municipal Code Chapter 2.57, is hereby
amended to read as follows:
CHAPTER 2.57
EMERGENCY MANAGEMENT
Sections:
2.57.010 Purpose
2.57.020 Definitions
2.57.030 City Council Duties
2.57.040 Emergency Management Council Created Membership
2.57.050 Emergency Management Council's Powers and Duties
2.57.060 Director's Powers and Duties
2.57.070 Emergency Management Coordinator
2.57.080 Emergency Management Organization
2.57.090 Departments, Divisions, Services and Staff
2.57.100 Mutual Aid Agreements
2.57.110 Punishment of Violations
2.57.120 No Private Liability
2.57.010 Purpose
The declared purposes of this chapter are to provide for: the preparation and
implementation of emergency plans, including mock or practice exercises; the
emergency management and protection of persons and property within the City in the
event of a disaster; and the coordination of the emergency and disaster response
functions of the City with all other public agencies and affected private persons,
corporations and organizations. Any expenditures made in connection with emergency
management and disaster activities, including mutual aid activities and mock or
practice exercises, shall be deemed conclusively to be for the direct protection and
benefit of the inhabitants and property of the City.
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2.57.020 Definitions
As used in this chapter, these terms shall be defined as follows:
1. "Emergency Management" means the preparation for and the carrying out of all
emergency functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting from
disasters. It includes preparation, mitigation, response and recovery from disasters. It
does not include, nor does any provision of this chapter apply to, any condition relating
to a labor controversy.
2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire,
flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or
similar public calamity.
3. "Preparation" means the active planning, testing, and revising of operational
procedures and policies to prepare for a disaster. It includes coordination with local,
County, State and Federal agencies to insure cohesive working relationships and
compatible emergency plans.
4. "Mitigation" includes risk analysis, review and identification of hazards both
natural and man-made, development of strategies to minimize those hazards, and
development of resources and capabilities to respond effectively to risks not controlled
through conventional methods.
5. "Response" includes the initiation of warnings to potential disasters, initiation of
actions necessary to effectively act during a disaster, damage assessment and
evaluation, coordination of operations, logistics, and planning activities during a
disaster, and documentation of actions taken during a disaster.
6. "Recovery" includes assessment of community needs after an event, prioritizing
of actions for recovery, coordination of agencies during recovery, documentation of
costs for future recovery of costs, and facilitation of disaster assistance offices in
providing the community with efficient mechanisms to obtain Federal, State and local
assistance after disasters.
2.57.030 City Council Duties
It shall be the duty of the City Council under the Emergency Management Program
to:
1. Give advice and consent to the Mayor regarding appointments made pursuant
to TMC 2.57.040.
2. Consider adoption of emergency management mutual aid plans and
agreements, and such ordinances, resolutions, rules and regulation as are necessary to
implement such plans and agreements as are referred to them by the Emergency
Management Council, pursuant to TMC 2.57.050.
3. Approve at the earliest practicable time after their issuance, rules and
regulations reasonably related to the protection of life and property which are affected
by a disaster, such rules and regulations having been made and issued by the
Emergency Management Director pursuant to TMC 2.57.060.
4. Distribute pursuant to resolution the functions and duties of the City's
emergency management organization among the divisions, services and special staff
referred to in TMC 2.57.090.
5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100.
2.57.040 Emergency Management Council Created Membership
The Emergency Management Council is hereby created, and shall consist of the
following:
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1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be Vice chairperson.
3. All department heads of the City of Tukwila, the Emergency Management
Coordinator, and the City Administrator.
4. Such City officials and other citizens with technical expertise in related areas as
may be appointed by the Mayor, with the advice and consent of the City Council.
2.57.050 Emergency Management Council's Powers and Duties
It shall be the duty of the Emergency Management Council, and it is hereby
empowered, to review and recommend for City Council adoption emergency
management and mutual aid plans, and agreements and such ordinances, resolutions,
rules and regulations as are necessary to implement such plans and agreements. The
Emergency Management Council shall meet upon call of the chairperson or, in the
chairperson's absence from the City or inability to call such meeting, upon the call of
the vice chairperson.
2.57.060 Director's Powers and Duties
A. The position of Director of Emergency Management is hereby created. The
Director of Public Works of the City of Tukwila shall serve in such position ex officio.
B. The Director or his /her designee is hereby empowered and directed to:
1. Prepare a Comprehensive Emergency Management Plan for the City,
conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent
possible, the City plan shall be coordinated with the King County and the State Office of
Emergency Management plans and programs; prepare and implement the National
Incident Management System; direct staff to conduct at least one exercise annually to
maintain proficiency in the use of the plan; and review and update the plan annually
for needed improvements or revisions.
2. Control and direct the effort of the emergency management organization of
the City for the accomplishment of the purposes of this chapter.
3. Direct coordination and cooperation between departments, divisions,
services and staff of the emergency management organization of the City, and to
resolve questions of authority and responsibility that may arise between them.
4. Represent the emergency management organization of the City in all
dealings with public or private agencies pertaining to emergency management and
response to disasters.
5. Develop and evaluate emergency plans concerning the application of
mitigation strategies, preparation, response, and recovery mechanisms, and include
such in the City's emergency management activities with various city, county, state, and
federal agencies; conduct and evaluate testing of emergency plans; and preside over
and guide interdepartmental emergency management planning committees that may be
created by the Emergency Management Council.
6. Make appointments to the Emergency Management Council.
7. Make rules and regulations to reasonably protect life, property, and natural
resources during an emergency.
8. Prepare for the Mayor's signature any proclamation of local emergency,
and upon approval transmit it to federal, state, regional, and local agencies. This
proclamation authorizes the City to take necessary measures to combat a disaster;
protect persons, property, and natural resources; provide emergency assistance to
victims of the disaster; and exercise powers authorized in RCW 38.52.070. These
include but are not limited to rationing, curfew, budget law limitations, competitive
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bidding processes, publication of notices, provisions to the performance of public work,
entering into contracts, incurring obligations, employment of temporary workers, rental
of equipment, and purchase of supplies and materials. Such proclamation must be
sustained by the City Council when practical.
9. Upon their approval by the City Council, submit all plans and programs,
including the ordinance codified in this chapter, for State review and certification.
10. Command the service and equipment of as many citizens as considered
necessary in light of the disaster; provided, that citizens so commandeered shall be
entitled during the period of such service to all privileges, benefits and immunities as
are provided by state law and federal and state emergency management regulations for
registered emergency workers.
11. Execute all the special powers conferred by this chapter or by resolution
adopted pursuant thereto, all powers conferred by statute, agreement approved by the
emergency Management Council, or by any other lawful authority.
2.57.070 Emergency Management Coordinator
The Emergency Management Coordinator (EMC) is a full-time position that reports
to the Director of Emergency Management. As part of the position's responsibilities, the
EMC will assure that the Comprehensive Emergency Management Plan and its
supporting procedures are reviewed and updated annually; that an education and
training program is developed and implemented in emergency management tasks for
City employees, residents and businesses; and that periodic training and field exercises
are conducted.
2.57.080 Emergency Management Organization
All officers and employees of the City, together with those citizens enrolled to aid
them during a disaster, and all groups, organizations and persons who may, by
agreement or operation of law, including persons pressed into service under the
provisions of TIvIC 2.57.060 who shall be charged with duties incident to the protection
of life and property in the City during such disaster, shall constitute the emergency pre-
paredness organization of the City.
2.57.090 Departments, Divisions, Services and Staff
A. The functions and duties of the City emergency management organization shall
be distributed among such departments, divisions, services and special staff as the
Director of Emergency Management shall direct.
2.57.100 Mutual Aid Agreements
The Mayor shall have the power to sign, on behalf of the City and the Emergency
Management Council, mutual aid agreements with other municipalities, the County
and other governmental subdivisions which have been approved by the City Council.
All previous mutual aid agreements which have been signed by the Mayor are hereby
confirmed and ratified, provided the same or parts thereof are not inconsistent with this
chapter.
2.57.110 Punishment of Violations
It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during
a disaster, to:
1. Willfully obstruct, hinder or delay any member of the emergency management
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter or in the performance of any duty imposed by virtue of this chapter.
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if the act is of such a nature as to give or be likely to give assistance to the
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enemy, or to encourage or assist in theft of or endanger property of inhabitants of the
City, or to prevent, hinder or delay the defense or protection thereof.
3. Wear, carry or display, without authority, any means of identification specified
by the State Department of Emergency Management.
4. In any manner loot or carry off any items of value during the aftermath of a
disaster.
2.57.120 No Private Liability
No individual, firm, association, corporation or other party, owning, maintaining or
controlling any building or premises, who voluntarily and without compensation
grants to the City a license or privilege or otherwise permits the City to inspect,
designate and use the whole or any part or parts of the building or premises for the
purpose of sheltering persons during an actual, impending, mock or practice disaster,
or their successors in interest, or the agents or employees of any of them, shall be
subject to liability for injuries sustained by any person while in or upon the building or
premises for the purpose of seeking refuge therein during an actual, impending, mock
or practice disaster or test ordered by lawful authority. All Iegal liability for damage to
property or injury or death to persons caused by acts done, or attempted, under color of
this chapter and a bona fide attempt to comply therewith, other than acts done in bad
faith, gross negligence, or willful misconduct shall be the obligation of the State of
Washington. The City is immune from liability under this chapter to the fullest extent
allowed by law.
Section 2. Repealer. Ordinance No. 2018 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Jane E. Cantu, CivMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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