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HomeMy WebLinkAboutReg 2003-05-12 Item 3A - Ordinance - Emergency Management Programsir 1908 CAS Number: 03-063 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 5/12/03 Meeting Date 5/12/03 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review 1 Council review 5/12/03 'IMAM 1 /licit- 1 i. V Council ITEM INFORMATION 0 6 3 I Original Agenda Date: May 12, 2003 Adopt Ordinance implementing Emergency Management Program. Admin. Public Works 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 APPENDICES Attachments Information Memo dated April 30, 2003 Ordinance TMC Chapter 2.56 Finance Safety Committee Meeting Minutes from May 5, 2003 XTEMNO. 3. a INFORMATIONAL MEMORANDUM To: Mayor Mullet From: Public Works Director Tf) Date: April 30, 2003 U� Subject: Implementation of an Emergency Management Ordinance Issue RCW Chapter 38.52 requires the City of Tukwila to establish an emergency management program. The proposed ordinance, Attachment A, creates and sets forth the requirements and responsibilities for implementing the City's emergency management program. Background The City of Tukwila is at risk to natural disasters, technological hazards, operational failures, and human imposed events. While each of these areas of risks have unique issues for emergency response, they each have the requirement to manage multiple impacts at multiple locations for the community during the crisis. 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 RCW requires that this program and plan be built upon the Incident Command System for managing emergencies. Even though the City has addressed "disasters" in Tukwila Municipal Code Chapter 2.56, Attachment B, and has an Emergency Operations Plan in effect, it does not meet the current requirements of the RCW and the City Council has never implemented an ordinance officially creating an emergency management program. Discussion Emergencies and disasters occur in local communities. The City of Tukwila is primarily responsible for preparing for disasters and helping its residents recover. A key factor is to be prepared before the situation occurs. Chapter 38.52 covers most of the requirements for creating an emergency management program. The proposed ordinance officially establishes Tukwila's program and directs the creation of an emergency operation plan. Recommendation Review the proposed ordinance for implementation. ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO EMERGENCY MANAGEMENT; REPEALING ORDINANCE NO. 594; PROVIDIING 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 THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS 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. 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 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. 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 v alue 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. 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 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. 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 l "egal 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. 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. Steven M. Mullet, Mayor TUKWILA MUNICIPAL CODE Chapter 2.56 CIVIL DEFENSE Sections: 2.56.010 Purpose 2.56.020 Definitions 2.56.030 Civil Defense Council Membership 2.56.040 Council Powers and Duties 2.56.050 Director's Office Created 2.56.060 General Powers of Director 2.56.070 Directors Disaster Powers 2.56.080 Organization Membership 2.56.090 Organization Staff, Divisions and Services 2,56.100 Effect on Current Provisions 2.56.110 Violations Penalty 2.56.010 Purpose The purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the civil defense of persons and property within the City in the event of a disaster; and to provide for the coordination of the civil defense and disaster functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 594 51, 1969) 2.56.020 Definitions A. "Civil defense, "as used in this chapter, means the preparation for and the carrying out of all emer- gency functions, other than functions for which military forces are primarily responsible, to prevent, minimize. and repair injury and damage resulting from disasters. It does not include, nor does any provision of this chapter apply to. any condition relating to a labor controversy. B. "Disasters," as used in this chapter, means actual or threatened enemy attack, sabotage. extraor- dinary fire. flood, storm, epidemic, riot, earthquake or other similar public calamity. (Ord. 594 52, 1969) 2.56.030 Civil Defense Council Membership The Tukwila Civil Defense Council is created and shall consist of the following: 1. The Mayor, who shall be chairman: 2. The Director of Civil Defense, who shall be vice chairman: 3. Such City officials and other citizens of this City as may be appointed by the Mayor with the advice and consent of the City Council. (Ord. 594 §3. 1969) Page 2 -32 2.56.040 Council Powers and Duties It shall be the duty of the Civil Defense Council. and it is empowered to review and recommend for adoption civil defense and mutual aid plans and agreements. and such resolutions, rules and regulations as are necessary to implement such plans and agreements. The Civil Defense Council shall meet upon call of the chairman or in his absence from the City or inability to call such meeting, upon the call of the vice chairman. (Ord. 594 54. 1969) 2.56.050 Director's Office Created There is created the office of Director of Civil Defense. Such officer shall be appointed by the Mayor with the advice and consent of the Civil Defense Council. (Ord. 594 §5(part), 1969) 2.56.060 General Powers of Director The Director is hereby empowered and directed: 1. To prepare a civil defense operating plan for the City conforming to the County and State civil defense plan and program; 2. To control and direct the effort of the civil defense organization of this City for the accomplish- ment of the purposes of this chapter; 3. To direct coordination and cooperation between divisions, services and staff of the civil defense organization of the City. and to resolve ques- tions of authority and responsibility that may arise between them; 4. To represent the civil defense organization of the City in all dealings with public or private agen- cies pertaining to civil defense and disaster. (Ord. 594 55(part), 1969) 2.56.070 Directors Disaster Powers In the event of disaster as herein provided, the Director is hereby empowered: 1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster: provided, how- ever. such rules and regulations must be confirmed at the earliest practicable time by the Civil Defense Council; 2. To obtain vital supplies, equipment and such other properties found lacking and 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. To require emergency services of any City officer or employee and. in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this commu- nity as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges. Printed January 14, 2003 benefits and immunities as are provided by State law for registered civil defense workers; 4. To execute all of the special powers con- ferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the Civil Defense Council, or by another lawful authority: 5. To requisition. necessary personnel or material of any City department or agency. (Ord, 594 §6, 1969) 2.56.080 Organization Membership All officers and employees of the City, the civilian police reserve, volunteer fire department, and other volunteer groups registered as civil defense workers with the civil defense organization, together with those volunteer forces 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 2.56.070 -3, charged with duties incident to the protection of life and property in the City during disaster, shall constitute the civil defense organization of the City. (Ord. 594 §7, 1969) 2.56.090 Organization Staff, Divisions and Services The functions and duties of the civil defense organization shall be distributed among such divisions, services and special staff as the Civil Defense Council shall prescribe. The Civil Defense Council shall, concurrently with the adoption of the ordinance codified herein, prescribe the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Department of Civil Defense of the State of Washington. (Ord. 594 §8, 1969) 2.56.100 Effect on Current Provisions It is the intent of the City Council in enacting this chapter that it shall be considered a revision and con- tinuation of the ordinance repealed by the ordinance codified herein, and the status of volunteers shall not be affected by such repeal; nor shall civil defense mutual aid plans and agreements, rules and regulations or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this chapter (Ord. 594 §10(part). 1969) Printed January 14, 2003 TITLE 2 ADMINISTRATION AND PERSONNEL 2.56.110 Violations Penalty It shall be a misdemeanor, punishable by a fine not to exceed $250.00, or by imprisonment for not to exceed three months. or both, for any person during a disaster: 1. To willfully obstruct, hinder or delay any member of the civil defense organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter. 2. To 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 imperil the lives or property of inhabitants of this City; or to prevent. hinder or delay the defense or protection thereof. 3. To wear, carry or display, without author- ity, any means of identification specified by the State Department of Civil Defense. (Ord. 594 §9. 1969) Page 2 -33 Finance and Safety Committee May 5, 2003 Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy Lauterbach, Jim Morrow, Viki Jessop 1. Ordinance Creating Emergency Management Organization State law dictates that Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so already. Though Tukwila has a current plan, it is out of date and does not meet the state law. One of the things being added is an incident command structure, with provisions for replacement of key figures needed in any emergency. Each department will have duties and staff assigned for an emergency. The Public Works Director will be the Director of Emergency Services. Jim M said and Nick underscored the importance of joining the King County Regional Emergency Operations group. Joan asked about mutual aid but was told that although there is a plan for that, in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW and Council. 2. Mutual Aid and Mobilization Plan Keith presented a plan for a Police Emergency Mutual Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide program to promote mutual aid among cities throughout the whole state. All cities are considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to have it adopted by cities by June. This will be included in the Larger city emergency plan. One of the provisions is to have a Public Information Officer (PIO) who would coordinate public information going out to the community and region. Another thing it would do is allow Tukwila or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a Seattle resident while they are assisting Seattle in a police response. Joan asked about funding, and the importance of homeland defense funds. Nick said the King County group will be getting some homeland defense money, which is one good reason to belong. Recommend Plan adoption to COW and Council. 3. King County Animal Control King County has sent a draft interlocal agreement for additional animal control services for Tukwila. Last fall they told the City the rate for this special service was increasing from $28/hour, which it has been since 1994, to $60/hour, which is the current cost of the service. They would like that rate to be retroactive to the first of the year, as we have presumably been getting 12 hours of service per week. The committee questioned whether the city has received all 12 hours per week for the past four months. Several people who are out in the community regularly have not been seeing the trucks as they once did. The committee asked to have some assurances that the service was being received if they did decide to pay the higher rate. They asked for a schedule possibly including momings or afternoons when the extra service would be, and some accounting to assure the officers are spending time in Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is responding to a request for help. Joe wanted to know how many citations were given in Tukwila. Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be less since the committee recommended not paying the higher rate before the contract is signed. The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will work with Animal Control before the next meeting. Reschedule.