Title
Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 2.24 to Article II of Chapter II Related to Emergency Organization and Creating the City of Alameda Disaster Council as Required by State Law to Obtain Legal Recognition as an Official Emergency Organization. (City Manager 2110)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 2.24 to Article II of Chapter II Related to Emergency Organization to Create the City of Alameda Disaster Council as Required by State Law to Obtain Recognition as an Official Emergency Organization
BACKGROUND
In 1947, the City of Alameda established the City of Alameda Disaster Council and formally adopted it through Ordinance No. 1029 in 1951. The Alameda Disaster Council Ordinance was updated through Ordinance No. 1676 in 1972, replacing Ordinance No. 1029.
On March 15, 2011, staff presented Agenda Item No. 6B, “Introduce an Ordinance Amending the Alameda Municipal Code by Repealing Article II (Boards and Commissions) of Chapter II (Administration) in Its Entirety and by Repealing Subsection 30-65.7 (Public Art Commission) of Chapter XXX (Development Regulations) in Its Entirety and Adding a New Article II (Boards and Commissions)”. Staff reviewed and analyzed all existing Boards, Commissions, Committees, and other advisory bodies in an attempt to identify opportunities to improve governance efficiencies.
At that time, ten advisory bodies were identified in the Alameda Municipal Code (AMC), one of which was the Alameda Disaster Council. In the review of the City Charter and AMC, it was assumed that the Alameda Disaster Council had been replaced by the City’s Emergency Management Plan. Although the Disaster Council is identified in the City Emergency Management Plan, the plan does not replace the need for having an ordinance recognizing a Disaster Council as required by the State of California.
On April 6, 2011, the City Council approved the amendment of Article II of the Alameda Municipal Code and approved Ordinance No. 3029 to revise the composition of City Boards, Commissions, Committees and other advisory bodies. This action eliminated the Alameda Disaster Council.
The repeal of the Alameda Disaster Council during this action was an inadvertent mistake, which impeded the City’s ability to be legally recognized by the State of California as an official emergency organization. A city is required to have an Accredited Disaster Council (ADC) that complies with rules and regulations established by California Office of Emergency Services (Cal OES) as stated in Government Code Sections 8585.5, 8610, and 8612 in order to participate in the Disaster Service Worker Volunteer Program (DSWVP).
The proposed ordinance was last brought to Council on December 15, 2015. Council’s direction was to clarify the ordinance by embedding the language from Charter Section 6-1 regarding the Mayor’s role during a Council declared public emergency. Staff was also directed to submit copies of the previous Disaster Council ordinance with the report.
DISCUSSION
Adoption of this ordinance will reinstate the Disaster Council to the City of Alameda, bolstering the City’s disaster planning efforts. This ordinance identifies the City Manager as the Chair of the Disaster Council. The City Manager already serves as the Director of Emergency Services and has responsibilities that mirror those of the Chair. This model aligns with the standard chain of command currently used in the City.
As the Chair, the City Manager will be responsible for reviewing mutual aid agreements, updating the City Emergency Management Plan, and assisting in developing relationships and agreements with assisting agencies. The Disaster Council is comprised of professional subject matter experts from City departments, as well as other assisting agencies. It is imperative that the Director have a high level of expertise in order to be a working member of the Disaster Council and have an on-going secure relationship with City departments and assisting agencies.
The composition of the Disaster Council also includes an Assistant Director of Emergency Services, who serves as Vice-Chair and the Emergency Manager, who serves as Assistant to the Vice-Chair. Both the Assistant Director/Vice Chair and the Emergency Manager/Assistant Vice-Chair are appointed by the City Manager.
The Disaster Council’s role is to develop and recommend to the City Council the adoption of emergency and mutual aid plans and agreements, as well as related ordinances, resolutions, and rules and regulations, which will benefit the City’s efforts in response to emergencies and disasters. Work produced by the Disaster Council will be presented to the City Council for approval and adoption.
In addition, having an “Accredited Disaster Council” will allow the City to swear in citizen volunteers as California Disaster Service Workers (DSW). This will relieve the City of workers’ compensation liability in the event that a DSW volunteer is hurt or killed while assisting during a declared disaster or while participating in official disaster related training exercises. Volunteers sworn in as DSW’s are covered under the State of California’s workers’ compensation insurance plan.
Volunteers eligible to be sworn in as California DSW’s are spontaneous volunteers, individuals impressed into service by police or fire personnel, or affiliated volunteers, such as Alameda Community Emergency Response Team (CERT) members, Volunteers in Policing (VIP), and HAM (amateur) radio operators.
The Disaster Council will allow the City’s emergency organization to obtain legal recognition by the State of California as an official emergency organization. The City’s Emergency Management Plan will reference this ordinance and is in alignment with its language. The Emergency Management Plan also provides more detailed guidance and management procedures for the emergency organization to follow when planning, preparing, and training.
In order to be eligible for accreditation with the State of California, the following documents and components must be provided to the Cal OES:
1) Disaster Council Ordinance.
a) The ordinance must provide for a Disaster Council.
• City action: This proposed Ordinance creates a Disaster Council.
b) A chairperson of the Disaster Council must be specified.
• City action: The City Manager is the recognized chairperson for the City of Alameda Disaster Council.
c) The emergency organization must be recognized.
• City action: This is the City staff assigned to work in the Emergency Operation Center (EOC) per the City Emergency Management Plan.
2) Disaster Service Worker Volunteer Resolution must be adopted.
• This allows the City to swear in volunteers, such as Alameda CERT members, as affiliated California Disaster Service Workers (DSW), relieving the City of worker’ compensation liability of volunteers when there is a declared disaster or official disaster related training exercise. The State of California covers DSW volunteers through the state workers’ compensation insurance plan.
• City Action: A separate City Council action is to approve a resolution for Disaster Service Worker Volunteers regarding workers’ compensation benefits.
3) Master Mutual Aid Agreement must be signed
• Council action: The City of Alameda signed the original Master Mutual Aid Agreement December 19, 1950, which is still in effect.
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The Disaster Council is a body that oversees the preparedness efforts of the City, including facilitating updates to the Emergency Management Plan, review of mutual aid agreements and bringing forth those plans and agreement for City Councils approval and adoption.
The Disaster Council as proposed does not supersede Section 6-1 of the City Charter which states, “The Mayor shall be the official and ceremonial head of the City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and govern the City by proclamation whenever the Council determines that public danger or emergency requires such action.”
The Mayor has critical duties during a disaster to preside over an emergency City Council meeting convened to consider whether to declare a local state of emergency and/or request that the Governor declare a state of emergency. The Mayor also becomes the key public official responsible for sharing information with the City, communicating with residents on what they should anticipate and what must be asked of them, such as shelter in place, etc This function is completed through close communication with the City Manager and Public Information Officer to ensure the public receives the most current and up-to-date information practicable.
The chain of command for emergency operations procedures and the functional responsibilities of the City’s departments during such an emergency generally include:
• The Fire Department, Police Department, and Public Works Department act as the “joint Command” for the EOC and are responsible for Direct Intervention in the event of a large-scale emergency - during a disaster they are on the “front lines” to maintain public safety and provide infrastructure repair
• The remaining departments offer Support Functions as described below
• Emergency Operations Center (EOC) “Sections” are operated by City Staff
Each City department has an EOC representative, in keeping with California’s Standardized Emergency Management System (SEMS). During a large-scale emergency, a department generally oversees functions that are similar to its usual work functions, so there is little requirement for staff to take on new, unknown roles during crisis situations.
City departments typically have specific functional responsibilities in the event of a large-scale emergency:
• City Manager’s Office
o Direct activities of the EOC and ensure coordination of all sections.
o Communicate with the media and public about incident related information requirements.
• Fire Department :
o Fire prevention and suppression, medical response, and property protection
• Police Department :
o Public safety/crime prevention, traffic control, and evacuation; the EOC is currently housed at the police department but will be located in newly built EOC by January 2017.
• Public Works:
o Maintains infrastructure support and ensures reinstatement of services
• Parks Department :
o Administers and coordinates care and shelter operations; oversees logistics
• Community Development and Base Reuse:
o Responsible for coordination of planning and information gathering
• City Attorney :
o Legal oversight regarding such items as emergency proclamations that the City Council may need to issue
• Finance :
o Accounting for and tracking costs, time resources used, and claims
• City Clerk :
o Generates emergency notices; record keeping
• Human Resources :
o Personnel issues
• Library :
o Documentation unit leader for all paperwork generated by the EOC
FINANCIAL IMPACT
There is no financial impact from the adoption of this ordinance.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Chapter II (Administration), Article II (Boards and Commissions).
ENVIRONMENTAL REVIEW
This action is not a project for the purposes of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 10561(b)(3) as there is no possibility that this action may have a significant effect on the environment.
RECOMMENDATION
Introduce an Ordinance amending the Alameda Municipal Code by adding Section 2.24 to Article II of Chapter II related to emergency organization to create the City of Alameda Disaster Council.
Respectfully submitted,
Doug Long, Fire Chief
By,
Captain Sharon Oliver, Disaster Preparedness Coordinator
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. City of Alameda Disaster Council Ordinance 1029 (June 20, 1951)
2. City of Alameda Disaster Council Ordinance 1676 (September 6,1972)
3. City of Alameda Ordinance 2604 codifying Ordinance 1676 (May 19, 1992)
4. City of Alameda Ordinance 3029 (April 5, 2011)