HomeMy WebLinkAboutReg 2011-07-18 Item 7C - Ordinance - Reenact TMC Chapter 2.57 "Emergency Management" COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
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Meetusg Date Prepared by I Ma '.r .uieur Coiuu "l review
07/11/11 MG
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ITEM INFORMATION
I CAS NU NIB I"R: 11-072 STAFF SPONSOR: MARTIN F. GRISHAM IORIGINAi,AGENDA DA1'I 07/11/11
AGF,NIM h1 r,N[ TITI_r, Emergency Management Ordinance update.
CxTI GOItY Discussion Motion Resolution Ordinance ]BidAzvarel Public Hearing ❑Other
Mtg Date 07/11/11 Mtg Date Mt lltg Date 07/18/11 A4tg Date Nltg Date Alt Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PIY/
SPONSOR'S Ordinance No. 2198 was adopted in 2008. An update is necessary to improve definitions,
Sl'�fI�I;U2Y to add duties of the Mayor including the authority to appoint the Director, and to change
the title of "Emergency Management Coordinator" to "Emergency Manager." Clarification
was also provided regarding the duties of the Director of Emergency Management.
Rl,�'IL,W13D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Conan.
DATE: 07/11/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Updated Ordinance
CoNIMITME Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EYPENDITui LE RE QUIRBD AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
Conunents:
MTG. DATE j RECORD OF COUNCIL ACTION
7/11/11 Forward to next Regular Meetin
I I
MTG. DATE I ATTACHMENTS
7/11/11 I Informational Memorandum dated 6/8/11
Draft Ordinance
Ordinance No. 2198
FEMA Glossary
Minutes from the Finance and Safety Committee Meeting of 7/6/11
7/18/11 Ordinance in final form
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Cl of T
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2198
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.57,
REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.57
"EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND
REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of providing for the
preparation, implementation and updating of emergency management plans to protect
the health, safety and welfare of persons and property within the City in the event of an
emergency; and
WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.070.13.1 calls for a review
and update of the City's Comprehensive Emergency Management Plan for needed
improvements or revisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 2.57 Reenacted. TMC Chapter 2.57 is hereby
reenacted to read as follows:
CHAPTER 2.57
EMERGENCY MANAGEMENT
Sections:
2.57.010 Purpose
2.57.020 Definitions
2.57.030 Emergency Powers of the Mayor
2.57.040 City Council Duties
2.57.050 Emergency Management Council— Membership
2.57.060 Emergency Management Council's Powers and Duties
2.57.070 Director's Powers and Duties
2.57.080 Emergency Manager
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2.57.090 Emergency Management Organization
2.57.100 Departments, Divisions, Services, and Staff
2.57.110 Mutual Aid Agreements
2.57.120 Punishment of Violations
2.57.130 No Private Liability
2.57.010 Purpose.
Recognizing the existing and future possibility of emergencies in the City and
surrounding regions, the declared purposes of this chapter are:
1. to insure that preparations of the City will be adequate to deal with
emergencies;
2. to protect the public peace, health and safety and to preserve the lives and
property of the people of the City;
3. to provide for emergency management of the City;
4. to confer upon the Mayor and others emergency powers and authority; and
5. to declare that all emergency management functions of the City be
coordinated to the maximum extent with other governmental entities, tribal nations, and
private entities to provide the most effective preparation and use of City staff, resources
and facilities to deal with any emergency situation that may occur.
2.57.020 Definitions.
As used in this chapter, these terms shall be defined as follows:
1. "Emergency' Any incident, whether natural or man -made, that requires
responsive action to protect life and property. An emergency can also mean any
occasion or instance for which assistance is needed to supplement our local efforts and
capabilities to save lives and to protect property and public health and safety, or to
lessen or avert the threat of a catastrophe in any part of the City.
2. "Emergency Management'— The preparation for and the carrying out of all
emergency functions to mitigate, prepare for, respond to, and recover from
emergencies, and to aid victims suffering from injury or damage resulting from
emergencies caused by all hazards, whether natural, technological or human caused,
and to provide support for search and rescue operations for persons and property in
distress.
3. "Emergency Worker' Any person registered with the City's Emergency
Management Organization under the provision of TMC Section 2.57.090, or any
member of the military, and who holds an identification issued by said organizations, for
the purpose of engaging in authorized emergency management activities, or any
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employee of the City or any subdivision of the City who is called upon to perform
emergency management activities.
4. "Hazardous Materials" Materials which, because of their chemical,
physical, or biological nature, pose a potential risk to life, health, environment, or
property when released.
5. "Incident Command System" (ICS) A standardized on -scene emergency
management construct specifically designed to provide an integrated organizational
structure that reflects the complexity and demands of single or multiple incidents,
without being hindered by jurisdictional boundaries. ICS is the combination of facilities,
equipment, personnel, procedures, and communications operating within a common
organizational structure, designed to aid in the management of resources during
incidents. It is used for all kinds of emergencies and is applicable to small as well as
large and complex incidents. ICS is used by various jurisdictions and functional
agencies, both public and private, to organize field -level incident management
operations.
6. "Mitigation" Activities providing a critical foundation in the effort to reduce
the loss of life and property from natural and /or manmade emergencies by avoiding or
lessening the impact of an emergency and providing value to the public by creating
safer communities. Mitigation seeks to fix the cycle of damage as a result of an
emergency, reconstruction, and repeated damage. These activities or actions, in most
cases, will have a long -term, sustained effect.
7. "Preparedness" A continuous cycle of planning, organizing, training,
equipping, exercising, evaluating, and taking corrective action in an effort to ensure
effective coordination during incident response. Within the National Incident
Management System, preparedness focuses on the following elements: planning,
procedures and protocols, training and exercises, personnel qualification and
certification, and equipment certification.
8. "Recovery' The development, coordination, and execution of service- and
site restoration plans; the reconstitution of government operations and services;
individual, private- sector, nongovernmental, and public assistance programs to provide
housing and to promote restoration; long -term care and treatment of affected persons;
additional measures for social, political, environmental, and economic restoration;
evaluation of the incident to identify lessons learned; post- incident reporting; and
development of initiatives to mitigate the effects of future incidents.
9. "Response" Activities that address the short -term, direct effects of an
incident. Response includes immediate actions to save lives, protect property, and
meet basic human needs. Response also includes the execution of emergency
operations plans and of mitigation activities designed to limit the loss of life, personal
injury, property damage, and other unfavorable outcomes. As indicated by the situation,
response activities include applying intelligence and other information to lessen the
effects or consequences of an incident; increased security operations; continuing
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investigations into nature and source of the threat; ongoing public health and
agricultural surveillance and testing processes; immunizations, isolation, or quarantine;
and specific law enforcement operations aimed at preempting, interdicting, or disrupting
illegal activity, and apprehending actual perpetrators and bringing them to justice.
2.57.030 Emergency Powers of the Mayor.
In the event of a proclamation of emergency as herein provided, or upon a
proclamation of state of emergency by the Governor, the Mayor is hereby empowered
to:
1. Proclaim a State of Emergency for the City when necessary.
2. Make, and issue rules and regulations on all matters reasonably related to
the protection of life or property as affected by such emergency; provided, however, that
such rules and regulations must be confirmed at the earliest practicable time by the City
Council.
3. Request that the County Executive or other chief executive or legislative
officer of the county request a proclamation of a state of emergency when, in the
opinion of the Mayor, the resources of the area or region are inadequate to cope with
the emergency.
4. Obtain vital supplies, equipment, and such other properties found lacking
and needed for the protection of life and property of the people and to bind the City of
Tukwila for the fair value thereof, and, if required immediately, to commandeer the same
for public use.
5. Waive and dispense with public bidding requirements of RCW 35.23.352
on an emergency basis as necessary.
6. Control and direct the efforts of the emergency management organization
of the City of Tukwila for the accomplishment of the purposes of this chapter.
7. Requisition necessary personnel or material of any City department or
agency.
8. Execute all the special powers conferred upon the Mayor by this chapter,
by any other statute, agreement, or lawful authority, as necessary.
9. Establish continuity of government and ensure proper succession of
authority (TMC Section 2.04.070 (8).
2.57.040 City Council Duties.
It shall be the duty of the City Council, consistent with the provisions set forth in
TMC Section 2.57.060, to:
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1. Give input and consent to the Mayor regarding appointments made
pursuant to TMC Section 2.57.050.
2. Consider adoption of or ratify emergency management mutual aid plans
and agreements, and such ordinances, resolutions, rules and regulations as necessary
to implement such plans and agreements as are referred to them by the Emergency
Management Council, pursuant to TMC 2.57.060, provided the same or parts thereof
are not inconsistent with this chapter.
3. Approve or ratify, at the earliest possible time after their issuance, rules
and regulations related to the protection of life, environment and property that are
affected by an emergency, such rules and regulations having been made and issued by
the Emergency Management Director pursuant to TMC Section 2.57.070, provided the
same or parts thereof are not inconsistent with this chapter.
4. Distribute, pursuant to resolution, the functions and duties of the City's
Emergency Management Organization among the departments, divisions, services and
special staff referred to in TMC Section 2.57.100.
2.57.050 Emergency Management Council— Membership.
The Emergency Management Council shall consist of the following:
1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be vice chairperson.
3. City Administrator, all City department heads and the Emergency Manager.
4. Such City employees and other citizens with technical expertise in related
areas as may be appointed by the Mayor, with the input and consent of the City Council.
2.57.060 Emergency Management Council's Powers and Duties.
The Emergency Management Council shall have the following powers and duties
consistent with the purposes of this chapter:
1. Advise the Mayor and the Director of Emergency Management in all
matters pertaining to City emergency management, and appoint such ad hoc
committees, subcommittees and working groups as are required to develop specific
recommendations for the improvement of emergency management practices,
standards, policies or procedures.
2. Ensure the Mayor and City Council receive an annual assessment of
Citywide emergency preparedness, including but not limited to, specific progress on
hazard mitigation and reduction efforts, implementation of seismic safety improvements,
reduction of flood hazards and coordination of hazardous materials planning and
response activities.
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3. Review administrative rules governing City emergency management
practices and recommend necessary revisions to the Director of Emergency
Management.
4. Meet regularly, as called by the chairperson or, in his /her absence from the
City or inability to call such meeting, the vice chairperson.
2.57.070 Director's Powers and Duties
A. The Mayor, pursuant to RCW 38.52.070 (1), appoints the Director of Emergency
Management "Director In the absence of the Director, the Mayor shall appoint a
temporary Director until the Director returns or a replacement is found.
B. The Director shall have the following powers and duties consistent with the
purposes of this chapter:
1. Responsible for the organization, administration, and operation of
emergency management in the City, subject to the direction and control of the Mayor.
2. Oversee implementation of, and annual updates to, the City's
Comprehensive Emergency Management Plan "the Plan consistent with the
requirements specified in Chapter 38.52 RCW, and coordinated with other state and
county plans and programs; ensure compliance with the National Incident Management
System and ensure operation and maintenance of the City's Incident Command
System; coordinate with the Emergency Management Council to conduct at least one
tabletop exercise annually and one full -scale exercise every 3 to 5 years to maintain
proficiency in the use of the Plan.
3. Coordinate efforts of the Emergency Management Organization of the City
for the accomplishment of the purposes of this chapter.
4. Coordinate efforts between departments, divisions, services, and staff of
the Emergency Management Organization of the City, and resolve questions of
authority and responsibility that may arise between them.
5. Represent the Emergency Management Organization of the City in
dealings with public or private agencies pertaining to emergency management and
response to emergencies.
6. Coordinate the ongoing development and evaluation of emergency plans
concerning the application of mitigation strategies and preparation, response, and
recovery mechanisms, and include such in the City's emergency management activities
with various federal, state, tribal, and local governments, non governmental
organizations (NGOs), and the private sector; 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.
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7. Coordinate development and presentation of rules and regulations to the
Emergency Management Council that will assist in efforts to reasonably protect life,
environment, and property during an emergency.
8. Prepare for the Mayor's signature any proclamation of local emergency
and, upon approval, submit it to federal, state, regional, and local agencies, as required.
This proclamation authorizes the City to take necessary measures to combat an
emergency; protect persons, environment and property; provide emergency assistance
to victims of the emergency; and exercise powers authorized in RCW 38.52.070. These
include, but are not limited to, rationing; curfew; and waiver of requirements pertaining
to budget law limitations, competitive bidding processes, publication of notices,
provisions to the performance of public work, entering into contracts, incurring
obligations, the employment of temporary workers, the rental of equipment, the
purchase of supplies and materials, the levying of taxes, and the appropriation and
expenditure of public funds. Such proclamation must be confirmed and ratified by the
City Council, as soon as is reasonably practical, and provided the purposes of any such
proclamation are consistent with the purposes of this chapter.
9. As required by state law and upon approval by the Mayor and the City
Council, submit all plans and programs for State review and certification.
10. Coordinate the services and resources of volunteers, provided that
volunteers so directed 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, and all powers conferred by statute, by agreement approved
by the Emergency Management Council, or by any other lawful authority.
2.57.080 Emergency Manager.
The Emergency Manager (EM) is a full -time position that reports to the Director of
Emergency Management. As part of the position's responsibilities, the EM will ensure
the Comprehensive Emergency Management Plan and its supporting procedures are
reviewed and updated annually; an education and training program is developed and
implemented in emergency management tasks for City employees, residents and
businesses; and periodic training and exercises are conducted pursuant to TMC Section
2.57.070.
2.57.090 Emergency Management Organization.
All officers and employees of the City, together with those citizens enrolled to aid
them during an emergency, and all groups, organizations and persons who may, by
agreement or operation of law, including persons pressed into service under the
provisions of TMC Section 2.57.070 who shall be charged with duties incident to the
protection of life, environment and property in the City during such emergency, shall
constitute the Emergency Management Organization of the City.
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2.57.100 Departments, Divisions, Services, and Staff.
The functions and duties of the City's Emergency Management Organization shall
be distributed among such departments, divisions, services and special staff as the
Director of Emergency Management shall direct.
2.57.110 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 governmental entities, tribal
nations and non governmental entities that have been approved by the City Council. All
previous mutual aid agreements that have been signed by the Mayor are hereby
confirmed and ratified, provided the same or parts thereof are not inconsistent with this
chapter.
2.57.120 Punishment of Violations.
It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any
person, during an emergency, 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.
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 not belonging to the
person charged during an emergency or its aftermath.
2.57.130 No Private Liability.
No individual, firm, association, corporation or other party, or their successors in
interest, or the agents or employees of any of them, 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, property and /or animals during an actual or impending emergency, or during
full -scale exercise or any other training event, shall be subject to legal liability for
damage to property or injury or death to any persons or animals while in or upon the
building or premises for the purposes expressed above. All legal liability for damage to
property or injury or death to persons or animals 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
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State of Washington. The City is immune from liability under this chapter to the fullest
extent allowed by law.
Section 2. Repealer. Ordinance No. 2198 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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