Loading...
HomeMy WebLinkAboutCOW 2008-02-11 Item 4F - Ordinance - National Incident Management System (NIMS) for Emergency Management COUNCIL AGENDA SIWOPSIS tax f ITEM NO, _4! 1 +O Meeting Date Prepared by 1 Mayor's review Council review 1 02/11/08 BG) /i 1 02/19/08 1 BG 1 7908 1 1 1 ITEM INFORMATION CAS NUMBER: 08-022 ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Adopt Ordinance to incorporate the National Incident Management System for Emergency Management. CATEGORY Discussion IYlotion Resolution Ordinance Bid Award Public Heaiing Other Mtg Date 02/11/08 Mtg Date Mtg Date Mtg Date 02/19/08 Mtg Date Mtg Data Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PI 'V 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. DA TE: 02/05/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance to incorporate National Incident Command System. COMMrI FEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/11/08 02/19/08 1 MTG. DATE ATTACHMENTS 02/11/08 1 Information Memo dated January 29, 2008 1 Ordinance 1 Finance and Safety Committee Meeting Minutes from February 5, 2008 02/19/08 1 I I INFORMATIONAL MEMORANDUM To: Mayor Haggerton From: Director Emergency ManagemenT Date: January 29, 2008 Subject: Tukwila Municipal Code Chapter 2.57 Amendment Issue: Update TMC 2.57 to incorporate the requirements of the National Incident Management System and to institutionalize the utilization of the Incident Command System for all natural and manmade disasters. Discussion: In the past, government action was taken primarily only during a disaster and after a disaster struck. Today, there is a need for a comprehensive emergency management system to be in place at local, state, and federal levels that deals effectively with emergency situations, not only during and after an emergency, but also before it occurs. Dealing with disasters is a continuous and complex job. Through implementation of measures aimed at preventing disasters or emergencies before they occur, timely and adequate response during an actual occurrence, provision of both short and long -term recovery assistance after the occurrence, lives can be saved and property damage minimized. This proposed amendment of TMC Chapter 2.57 incorporates the use of the Incident Management System (ICS) per the National Incident Management System (MYTHS). It directs that plans be developed and evaluated for the application of mitigation strategies, preparation, response, and recovery mechanisms. It recognizes the Mayor's and Council's establishment of the Emergency Management Coordinator position. Recommendation: Forward to Council of the Whole for discussion and the Regular Council for adoption. 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 Disaster Powers of Director 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 plans, including mock or practice exercises; for the emergency management and protection of persons and property within the City in the event of a disaster; and to provide for 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. (Ord. 2018 §1 (part), 2003) 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. (Ord. 2018 §1 (part), 2003) 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 2.57.8060. 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. (Ord. 2018 §1 (part), 2003) 2.57.040 Emergency Management Council Created Membership The Emergency Management Council is hereby created, and shall consist of the following: 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. (Ord. 2018 §1 (part), 2003) 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 agree- ments. 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. (Ord. 2018 §1 (part), 2003) 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 air Comprehensive E- emergency management operating 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 County and the State Office of Emergency Management plans and programs. To prepare and implement the National Incident Management System. Staff is directed to conduct at least one exercise annually to maintain proficiency in the use of the plan and to 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. A. Represent the emergency management organization of I 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 recovey 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 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. Submit, upon approval by the City Council of all plans and programs, including the ordinance codified in this chapter, the same 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. (Ord. 2018 §1 (part), 2003) 2.57.070 Disaster Powers of Director In thc cvcnt of o hee fy cmpowcrcd to: a-d issue rulcc and regulations on rnattcrs tcd thc protcction of lifc and property as affcctcd by s -uch dicastcr; N ted, howcvcr, c -ach ruloo a rcgulations must be approved by thc Emergenc=y Managcment Council and confirmcd b-y the City Council at tho oarlioct practicablc timc. 2. Obtain_ vital aupplicc, equIpmen-t a such other propertio., found 2,acl >inc and immediately needed f the protection of thc life a proport -y of thc people, and bind thc City for thc fair value thereof, and, if required immediately, to commandeer thc same for public usc. 3 Require c. o ices of a— y City office or empIeyee, and to co t o aid of---ac, many citizens of this community as he thinks necessary in the e:;ecution of—his duties; such peroa o shall be entitled to all privileges, benefits and immunities as a o provided by state law for registered Emcrgcncy worker volunteers (ao defined by Washington Administrative e T1J 39). 1. Requisition r000ccary pers.:, e-' sr material of any City dc__ rt cnt cr agen o--y. 5. Exc .±to all of the apcoia1 powerc conferred by this chapter o-r by resolution adoptcd pursuant thereto, all powers confcrrcd by statute, ayr anent approved by tha Emergency -r lawful authority. Repealed by Ord. Xxxx [Ord. 2018 $1 (part), 2003] (Ord. 2018 §1 (part), 2003) 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 TMC 2.57.070060 who shall be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the emergency preparedness organization of the City. (Ord. 2018 §1 (part), 2003) 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. 1 shall r.,rt.oc -ribc B. Prior to t--l=ro adoption of rosolutiono, tic Eretelgei-ey Management Council shall prepare a plan cutting forth: thc form of organization; establishment a-= divisions and scrvicas; t-ko assignment of functiono, duties and powers; and thc designation of officers a os; and submit -tc r- o -o. to thc City Council. (Ord. 2018 §1 (part), 2003) 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. (Ord. 2018 §1 (part), 2003) 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 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. (Ord. 2018 §1 (part), 2003) 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 legal 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. (Ord. 2018 §1 (part), 2003) \-z- City C it of Tukwila v f Tu Finance Safety Committee 19 088 FINANCE AND SAFETY COMMITTEE Meeting Minutes February 5, 2008 5 :00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Jim Morrow, Evie Boykan, Nick Olivas, Mike Villa, Hillman Mitchell, Mayor Haggerton, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish and Jerry Thorton (Water District 125) CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. An Ordinance Amending TMC 2.57 Emergency Management Incorporating the National Incident Command System Staff is requesting full Council approval of an ordinance amending Tukwila Municipal Code (TMC) Chapter 2.57 regarding Emergency Management. The amendment will incorporate the use of the Incident Management System (ICS) per the National Incident Management System (NIMS) and recognize the roles and responsibilities of the City's Emergency Management Coordinator position. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. B. Adoption of the 2007 Comprehensive Emergency Management Plan Staff gave a brief overview of the City's Comprehensive Emergency Plan (CEMP). Due to the implementation of the National Incident Management System (NIMS) the November 2007 CEMP is a complete re -write of the City's previous plan. The plan is set -up to work towards exceeding county, state and federal requirements. Overall, the plan addresses, in broad terms, how we conduct mitigation, education, response and recovery. It also sets policies and organizational structure as to how the City will function as a single unit during a disaster in order to restore City services. At first, staff was going to request full Council adoption via resolution of the City's Comprehensive Emergency Management Plan; however, Jim Morrow explained that the City can implement the plan without formal adoption and there is no requirement to officially adopt the plan. The Committee had a discussion of whether or not to recommend adoption of the plan by full Council. Staff stated that adoption of the plan will make it a public document which could lead to cumbersome notifications of minor, yet frequent plan changes. Based on the information provided, the Committee is recommending that the CEMP, not be adopted through a formal resolution; however, the issue will be forwarded to full Council for discussion and decision. FORWARD TO FEBRUARY 25 COW FOR PRESENTATION AND DISCUSSION. C. Emergency Management Agency Integration Staff explained the relationship and responsibilities of several levels of government during a disaster. The discussion included local, county, state and federal governments and examples of appropriate coordinated efforts of each entity.