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HomeMy WebLinkAboutReg 2003-05-19 Item 8A - Ordinance - Emergency Management OrganizationCAS Number: 03-063 I Original Agenda Date: May 12, 2003 Agenda Item Title: Adopt Ordinance implementing Emergency Management Program. Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 5/12/03 1 Meeting Date 1 5/12/03 5/19/03 COL TCIL AGENDA SK DPSIS Meeting Date 5/12/03 5/19/03 Council Prepared by 1 Mayor's review 1 Council review 1 ✓M 1 k4 1 e ITEM INFORMATION Initials Admin. Public Works ITEM No. s a RCW Chapter 38.52 requires the City to establish an emergency management program that will provide the management structure, key responsibilities, emergency assignments, and implementing procedures to be followed during an emergency. The proposed ordinance officially establishes Tukwila's program and directs the creation of an emergency operations plan. Adopt Ordinance for Emergency Management. Forward to Committee of the Whole for discussion and approval. Same as sponsor. RECORD OF COUNCIL ACTION Action Item discussed at COW Meeting. Consensus existed to forward the itme to the May 19, 2003 Regular Meeting for action. Ordinance Final format. APPENDICES Attachments Information Memo dated April 30, 2003 Ordinance TMC Chapter 2.56 Finance Safety Committee Meeting Minutes from May 5, 2003 2.57.020 Definitions. City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO EMERGENCY MANAGEMENT; REPEALING ORDINANCE NO. 594 AS CODIFIED AT TMC 2.56; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the potential exists for occurrences of natural disasters, civil disorder, terrorist acts or hostilities directly impacting the City of Tukwila; and WHEREAS, the City Council finds it necessary to create an Emergency Management Program to develop and implement an Emergency Management Plan for facilitating effective response to such occurrences; and WHEREAS, the City of Tukwila desires to bring its municipal code in line with the statutory requirements of RCW 38.52; and WHEREAS, the "Civil Defense" procedures established by Tukwila Ordinance No. 594 on November 19, 1969, no longer effectively address the emergency management requirements outlined above; and WHEREAS, the City Council deems it to be in the best interests of public safety, health and welfare for its citizens to enact the provisions set forth in this ordinance; NOW HEREBY ORDAINS THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AS FOLLOWS: Section 1. New Emergency Management Chapter. TMC Chapter 2.57, entitled "Emergency Management is hereby established to read as follows: 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. 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. Emerg Mgmt 5 -03 1 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 Section 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 Section 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 Section 2.57.070. 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 Section 2.57.090. 5. Approve mutual aid agreements referenced in and pursuant to Section 2.57.100. 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, 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. Emerg Mgmt 5 -03 2 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 an emergency management operating plan for the City, conforming to the County and the State Office of Emergency Management plans and programs. 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. 2.57.070 Disaster Powers of Director. In the event of disaster as herein provided, the director is hereby empowered to: 1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be approved by the Emergency Management Council and confirmed by the City Council at the earliest practicable time. 2. Obtain vital supplies, equipment and such other properties found lacking and immediately needed for the protection of the life and property of the people, and bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use. 3. Require emergency services of any City officer or employee, and to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered Emergency worker volunteers (as defined by Washington Administrative Code 118 -30). 4. Requisition necessary personnel or material of any City department or agency. 5. Execute all of 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. 2.57.080 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 Section 2.57.070 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. Emerg Mgmt 5 -03 3 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 City Council shall prescribe by resolution. B. Prior to the adoption of resolutions, the Emergency Management Council shall prepare a plan setting forth the form of organization; establishment and designation of departments, divisions and services; the assignment of functions, duties and powers; and the designation of officers and employees; and submit its recommendations to the City Council. 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 Section 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 Iawful 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. disaster. 4. In any manner loot or carry off any items of value during the aftermath of a 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. Section 2. Repealer. Tukwila Ordinance Number 594, as codified at TMC 2.56, is hereby repealed. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause or phrase of this ordinance. Emerg Mgmt 5 -03 4 Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, shall take effect five (5) days after passage and publication of the ordinance or summary thereof consisting of the title. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Emerg Mgmt 5 -03 Steven M. Mullet, Mayor Filed with the City Cleric Passed by the City Council: Published: Effective Date: Ordinance Number: 5