Loading...
HomeMy WebLinkAboutCC Resolution 7465 (Handicapped Regulations Grievances)RESOLUTION NO. 7465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROV- ING AND ADOPTING A GRIEVANCE PRO- CEDURE TO COMPLY WITH FEDERAL OFFICE OF REVENUE SHARING HANDI- CAPPED REGULATIONS WHEREAS, in October, 1983, the Federal Office of Revenue Sharing published its final ruling regarding the prohibition of handicapped discrimination; and WHEREAS, the regulations published by the O.R.S. in 1983 included specific administration requirements to be adhered to by state and local governments to include, among others, a "Grievance Procedure". NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council approves and adopts the "Grievance Procedure", a copy of which is hereby attached as Exhibit A, and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City the 15th day of December 19860, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom JEAVI� M. LEONCINI, City Clerk R I G 7 51'6 EXHIBIT A GRIEVANCE PROCEDURE Discrimination on Basis of handicapped Status The following grievance procedure has been established to meet the roquirements of Section 504 of the Federal Rehabilitation Act of 1973, as amended. The grievance procedure should be used by any individual, except City of San Rafael Employees and job applicants who wish to file a complaint alleging discrimination on the basis of handicap, in employment practices and policies or the provision of programs, services and benefits by the City of San Rafael. The grievance should be submitted in written form and contain as much information as possible about the alleged discrimination. Other arrangements for submission of a grievance such as a personal inter- view or tape recording will be made available for the visually impaired or those with motor impairments. Submission of the grievance should be made within 30 calendar days of the alleged violation to Section 504 Coordinator; Address: City of San Rafael, P.O. Box 60, San Rafael, CA 94915; Phone Number: (415) 485-3070; Office Hours: 8:30 AM to 5:00 PM. Within ten working days after the receipt of the complaint, the City's Section 504 Coordinator, urgder direction of the City Manager, will respond in writing (or a method underst000d by the complainant) to the complainant. The response will offer a resolution or explain the position of the City of San Rafael with respect to the complaint. If the response by the City's Section 504 Coordinator is not suffi- cient or does not satisfactorily resolve the issue, the complainant may request a hearing within ten working days of the response before the San Rafael City -Council, P.O. Box 60, San Rafael, CA 94915; Phone Number: (415) 485-3074, for resolution. Within 30 calendar days of the hearing, the complainant will receive the final resolution in writing (or a method understood by the complainant) as proposed by the San Rafael City Council. All complaints received by the City's Section 504 Coordinator and respor -s from the San Rafael City Council will be kept by the City of San Rafael for a period of three years. These documents may be requested by the Federal Office of Revenue Sharing should an investi- gation into alleged discrimination on the basis of handicapped status he initiated. 33 A/1 - 2 - City of San Rafael Self Evaluation: Compliance with Revenue Sharing Handicapped Regulations Iln clkground Following the requirements of Section 504, of the Federal Rehabil- itation Act of 1973, the City of San Rafael has conducted a self- evaluation of City policies, practices, procedures, programs, services and facilities to evaluate whether any are discriminatory against handicapped individuals. All non-structural violations, such as the lowering of electronic indexes in the San Rafael Public Library to accessible heights, were corrected by the required date, October. 17, 1984. All structural violations have been included in the required "Transition Plan" which schedules compliance by the !specified date, October 17, 1986. The Committee In order to receive all necessary input during the self-evaluation a committee was formed with representatives from both the City of San Rafael and the Marin Center for Independent Living (M.C.I.L.) Members of the 504 Self -Evaluation Committee were: Alan E. Harry, 504 Coordinator (City Manager's Office) Reverend Vernon S. Cox, Marin Center for Independent Living Fred Vincenti, Building Development Engineer (Public Works) [iugh Sadler, Personnel Officer (City Manager's Office) Janet Brovelli, Senior Engineering Aide (Public Works) tembers of the Committee met regularly, and toured City facilities, to identify the areas that required review and possible action by the City. - 1 - Self -[valuation The Self -Evaluation Committee reviewed and discussed various City policies, practices, programs and services with particular emphasis and discussion on access to public facilities, employment and personnel, sensitivity training for employees, and signing of buildings and offices. The following is a summary of areas reviewed, and required actions taken by the City of San Rafael in meeting the t•equirements of Section 504. I. Employment and Personnel: As required by Section 504, of the Federal Rehabilitation Act of 1973, Attachments A "Administrative Policy Memorandum", B "Notice of Compliance", and C "Applicant Grievance Procedure" have received administrative approval. II. Programs/Services: Prior to evaluating the accessibility of public facilities owned and/or operated by the City of San Rafael a review of current programs and services was undertaken. Attachment D describes each activity by department, its current location, as well as whether or not it is currently accessible to handicapped individuals. Those activities not meeting access- ibility requirements are covered in detail within the "Tran- sition Plan" section of this report. III. Accessibility of .Public Facilities: Upon completing the review of current programs and services provided by the City of San Rafael, the Committee completed site evaluations of those facilities housing each activity. Attachment E contains Physical Accessibility Checklists for each public facility owned by the City of San Rafael with emphasis on compliance. Those facilities not meeting access- ibility requirements are covered within the "Transition Plan" section of this report. 2 - IV. Capital Improvement Projects: Attachment F summarizes those capital improvement projects, funded by Revenue Sharing dollars, commencing on or after January 1, 1977. Projects not meeting the requirement of Section 504 are covered in detail within the "Transition Plan" section of this report. V. Secondary Recipients: The City of San Rafael has, since January 1, 1977, allocated revenue sharing funds to one secondary recipient, that being the Housing Authority of the County of Marin. These funds were appropriated with the understanding that annual allocations would be considered but not assured. As seen in Attachment F, neither this nor any other organization has received secondary recipient funding during FY 1983/84 or 1984/85. In order to assure compliance with Section 504 of the Federal Rehabilitation Act of 1973, those agencies receiving future allocations shall be required to complete, and adhere to, a "Statement of Assurance," Attachment G. VI. Contracts: Attachment H summarizes those businesses that are under contract with the City of San Rafael and are receiving payment with the use of Revenue Sharing funds. Those businesses not meeting Section 504 requirements are covered in greater detail within the "Transition Plan" section of this report. V11. Grievance Procedure: As required by Section 504 of the Federal Rehabilitation Act of 1973, Attachment I, Grievance Procedure: Discrimination on Basis of Handicapped Status, is currently being reviewed for adoption by the San Rafael City Council. %111. Transition Plan: Federal regulations require that the transition plan identify physical obstacles that limit accessibility and describe the methods and timing for making the necessary improvements. In addition to those items requiring City action, this transition plan identifies those areas that are not required as well as non-structural or program changes. Required Actions: (As per Section 504 of the Federal Rehabilitation Act of 1973, and the American National Standards Institute (ANSI) standards . ) 1. Office Identification and Directional Signs All office identification and directional signs need to be made accessible for the visually impaired. Recommendation. Install signs that meet visually impaired requirements. Completion Date: October 1986 . (Tactile office identification and and directional signs have been ordered. It is estimated that they will be in place by January, 1987.) Public Telephone The telephone adjacent to the south entrance to the Police Department and the west entrance to the public library are not accessible. In addition, all public phones located in public facilities are not equipped with a variable amplification for the hearing impaired. Determination needs to be made as to who is responsible. Recommendation: Determine responsibility. If it is in the City's, make necessary modifications; if not, request action by responsible party. .3. E levator, City Hall The elevator in City Hall violates 504 regulations in that (1) the (.gill buttons on all three floors are too high; (2) the buttons within the elevators are too high; and (3) the emergency tele- phone is totally unaccessible to an individual using a wheelchair. Recommendation: A technical study needs to be undertaken to determine whether or not the modifications are absolutely required as well as the cost for these modifications. �. Restrooms; Public Library Public restrooms in the City library are totally inaccessible. Recommendation: Currently, staff and Council are reviewing the need and feasibility of building a new facility to house the San Rafael Public Library. During this process, Section 504 regu- lations shall be taken into consideration. If, for some reason, it is not feasible to build this facility, a study shall be entered into regarding the cost and feasibility of making the current 'facility accessible to the public as a whole. 5. Fire Station #1 At the present time, handicapped individuals utilizing wheel- chairs are not provided access to offices within Fire Station #1. Recommendation: Currently this location is undergoing the intial steps required for remodeling. During this process, handicap access shall be taken into consideration and provided. Completion Date: February 1987 . 6. Terra Linda Recreation Center At the present time, handicapped accessibility to the Terra Linda Recreation Center is limited due to structural barriers, within both the pool facility and public restrooms, that have been in existence since the building's construction in 1962. Recommendation: This facility is currently undergoing the initial steps necessary to remodel the facility and correct deficiencies. Completion Date: March 1987. - 5 - Non -Physical Changes Persons with disabilities need to be considered during the planning of parks and other public areas, i.e., accessible picnic tables, accessible surface to get to playgrounds and park facilities. ',hen purchasing new furniture that could be used by the public, -ircessibility should be taken into consideration. Clipboards should be placed at every area that applications may need -o be completed, i.e., Planning, Public Works, Finance, Building, City Clerk, Police Department, San Rafael Recreation Center, Terra T,i.nda Recreation Center, Pickleweed Park Community Center. Coordinate, with the Marin Center for Independent Living, the ;availability of interpreters to allow those with sight and hearing impairments the opportunity to take part in City programs, services and meetings. An office needs to be identified as a general information office where handicapped individuals can go to get assistance. oensitivity training about the handicapped needs to be done for City staff who are in the position of hiring and/or greeting the public. Install automatic closing device for second floor ramp entrance to Falkirk Community Cultural Center. Insure that second floor ramp entrance to Falkirk Community Cultural Center is open during; business hours as well as during events OCCUrring on the second floor. Future Needs These items are not required by Section 504 of the Federal Rehab- ilitation Act of 1973 but are areas that need to be addressed as remodeling occurs and budget allows. - 6 - Light Switches/Control Devices Switches need to be lowered. Yater Fountain Mater fountains need to be lowered and made accessible at the I'o 1 lowi ng locations: (1) Southwest corner of Public Library, (21) Within Public Library, (3) Oleander Park, (4) Gerstle Park, (5) Boyd Park, (6) Peacock Manor Parkette, (7) Victor Jones Park, (8) Davidson Field, (9) Sun Valley Park, and (10) Albert Park Ball field. Firms Alarm Pulls All facilities - need to be lowered. It;i inps The ramp in the lower floor of the library is too steep. If re- modeling occurs it should be reviewed for modification. I'Lestroom Door Handles Need to be lengthened. (-'urb Cuts Continue to implement the City's ongoing program for curb cut sidewalk ;tcress . Counter Areas Cou.nhers need to be lowered to allow access and use by those in wheelchairs. Ash Trays Tho ash trays in the exit corridors of City Hall could be a hazard t.r) the visually impaired and should be removed. — 7 — ATTACHMENT A ADMINISTRATIVE POLICY MEMORANDUM TO: ALL DEPARTMENT HEADS AND MIDDLE MANAGERS FROM: Pamela J. Nicolai, City Manager ')UBJECT: Compliance with Section 504 -- Non-Discrimination of Handicapped Persons It is to be understood that whenever there is any reference in the City's Personnel Rules & Regulations, policies and related documents pertaining to applicants and employees, such provisions shall apply to any person whose physical or mental condition meets the criteria of ;)ect.ion 501 of the Federal Rehabilitation Act of 1973, as amended. Phi:; :administrative policy is effective immediately. Questions concerning the application of this policy in specific situations :iIiould be directed to the City's Section 504 Coordinator. PAMELA J. NI LA City Manager ATTACHMENT B ( THE .FOLLOWING STATEMENT SHOULD BE POSTED IN THE PERSONNEL OFFICE AND FRONT LOBBY. A COPY SHOULD ALSO BE MAILED TO THE EDD.) NOTICE OF COMPLIANCE WITH SECTION 504 OF THE FEDERAL REHABILITATION ACT OF 1973, AS AMENDED 'Pr,(-- City of San Rafael complies with the provisions of Section 504 ()f' tfie Federal Rehabilitation Act of 1973, as amended, with regards , tfie selectionof applicants for employment who may qualify under thi:z; act. Reasonable accommodation will be made in assisting such �Lpplicants during the various phases of examinations of the selection ;process . PA_: -,LA J. NI LA City Manager ATTACIIMENT C ADMINISTRATIVE POLICY REGARDING THE HANDLING OF COMPLAINTS FROM APPLICANTS PURSUANT TO SECTION 504 OF THE FEDERAL REHABILITATION ACT OF 1973, AS AMENDED Any Berson who, as an applicant for employment with the City, holieves he or she has been discriminated against as a result of physical or mental handicap as defined in Section 504 of the Federal Rehabilitation Act of 1973, as amended, may pursue their complaint in the following administrative manner: 1. A written statement, specific as to dates, places and circum- stances of events, shall be filed with the Personnel Officer within ten (10) working days subsequent to the alleged event. `?. The Personnel Officer shall investigate, or have caused to investigate, the allegation(s). He or she will first attempt to resolve the matter through informal consultation and mediation. If a resolution cannot be accomplished, then the Personnel Officer shall submit a report to the City Manager within fifteen (15) working days subsequent to the receipt of the original complaint. This report may include, but not be limited to, a summary of the allegation(s); statements from City officials and employees concerning this matter; specific proposal(s) for affecting a reasonable accommodation; whether or not the com- plaint is subject to the provisions of Section 504; and a recommendation as to the proposed course of action that could be tall en. 3. The City Manager shall review the Personnel Officer's report and proposed recommendation. He or she, if deemed necessary in their opinion, may meet with any City officials and employees in order to ascertain personally the circumstances surrounding the applicant's allegations. Within fifteen (15) working days from the receipt of the report from the Personnel Officer, the City Manager shall submit a written response to the applicant. IIe or she can either purpose to resolve the allegation(s) through reasonable accommodation or dismiss the allegation(s) as not being relevant to the Section 504 regulations. 1. The applicant may appeal the decision of the City Manager to the Mayor and Council. The applicant will be scheduled for an appointment on one of the next two regularly calendared meetings in accordance with standard requirements of deadlines. The Mayor and Council shall hear the applicant's complaint and shall consider the materials submitted by the City Manager. They shall make a decision by no later than their next regularly calendared meeting. Their decision shall be final. - 2 - ATTACHMENT D PROGRAMS/SERVICES 1)epartment_ Location Program/Service Accessible Yes No N/A flayor & Council City Hall, Room 203 Public Information x 11ayor & Council Chambers _ _ Meetings, Lectures x City Manager City Hall, Room 203 Public Information x City Attorney _ _ _ City Hall, Room 202 Public Information x Public Information, Parking Citations, Finance City liall, Room 204 Business Licenses x Public Information, Personnel City Hall, Room 210 Applications x t_it:y Clerk_ _ City Hall, Room 209 _ Public Information x Data Processing City Hall, Room 207 No Public Access x Puhlic Works Third Floor, City Hall Public Information x Planning Third Floor, City Hall Public Information x Police First Floor, City Hall Public Information x Fire Station 1 1039 "C" Street Public Information x Fire Station 2 210 Third Street Public Information x Fire Station 3 30 Joseph Court Public Information x Fire Station 4 46 Castro Avenue Public Information x Fire Station 5 955 Pt. San Pedro Road Public Information x Fire Station 6 650 Del Ganado Road Public Information x Fire Station 7 3530 Civic Center Drive Public Information x Lihrary 1100 "E" Street Reference, Circulation x Falkirk 1408 Mission Exhibits, Facility Rental x Rr-development _ City Hall, Room 203 Public Information x _ Gymboree, Arts & Crafts, Dance, Yoga, Akido, Computer Classes, Cooking, San Rafael Special Exercise, Exer- Rec_r_e_a_tion_Center 618 "B" Street cise, Special Interest x Aquatics, Exercise, Off - Site Trips, Cooking, Com- puter Classes, Special Exercise, Special In- terest, Yoga, Karate, Terra Linda Dog Training, Dance, Recreation Center 670 Del Ganado Road Arts & Crafts x ------ --�� Exercise, Cooking, Pickleweed Park Special Interest, Dance, Community Center 50 Canal Street Arts and Crafts Tennis, Sports Classes & Alberts Park "B" Street Leagues x ATTACHMENT E SITE EVALUATION FORMS Forms evaluating facilities owned and operated by the City of San Rafael are on file in the City Manager's Office, San Rafael City Hall, Room 203. ATTACHMENT F CAPITAL IMPROVEMENT PROJECTS Meet 504 Requirements 1975-77 3,500 N/A - Automation of Chlorination System of Terra Linda Pool $ 6,500 Yes - Sealing City Hall Parking Lot 5,000 N/A - Miscellaneous Storm Drainage Projects 25,000 N/A - MiscelIaneous Parks Improvements 20,000 Yes - Sidewalk, Curb & Gutters - Various Locations 20,000 Yes - Sanitary Sewer Rehabilitation 45,000 N/A - '.later Conservation 10,000 N/A - (Menzies Parking Improvement 40,000 Yes - Corporation Yard Improvements 5,000 Yes - Fire Alarm System 2,000 N/A - later Hydrant Replacements 2,000 N/A - Repair Storm Water Pump 20,000 N/A - Barricade Open Space Properties 15,000 N/A 1977-73 - Storm Drainage Improvements 25,000 N/A - Police Communication System 70,000 Yes - Miscellaneous Park Improvements 25,000 Yes - Fire Alarm and Hydrant Replacement 4,000 N/A - Corporation Yard Improvements 5,000 Yes - ;,,later Conservation Improvements 25,000 N/A 1973--79 - Fire I)epartment Painting & Reroofing 18,000 N/A - Storm Pumps 15,000 N/A - Park Improvements 25,000 Yes - K(�rller Outfall Line 130,000 N/A 1979-30 - Fire Hydrant Replacement 3,500 N/A - 'Miscellaneous Park Improvements 25,000 Yes - Railroad Crossing Protection 60,000 N/A - Reserve for Police/Fire Building Expansion 100,000 N/A - Corporation Yard Improvements 3,500 Yes - Storm Drain Preventative Maintenance Program 15,000 N/A 19,0-31 - Drainage Improvements 20,000 N/A - Miller Creek 60,000 N/A - Miscellaneous Park Improvements 30,000 Yes - Storm Pumps 47,500 N/A - Library Repair 10,500 Yes - Police and Fire Space Utilization Study 10,000 Yes - Railroad Crossing 28,100 N/A - Reserve for Police/Fire Expansion or Modification 100,000 N/A Meet 504 Requirements 198 1 -82 - General Plan 50,000 N/A - Orill Field 10,560 N/A - Street Resurfacing 300,000 N/A - Railroad Crossing 8,000 N/A - Storm Pump Stations 70,000 N/A - r1iscellaneous Park Improvements 20,000 Yes - Reserve for City Hall Expansion or Modification 100,000 N/A - housing Authority of the County of Marin 15,000 Yes 19,2-83 - Street Resurfacing 200,000 N/A - Railroad Crossing Protection 7,000 N/A - Bridge Repair 40,000 N/A - Street Reconstruction 20,000 N/A - Storin Drain Improvements/Installation 365,000 N/A - City Hall Roof Repair 37,000 N/A - City Hall AC Repair 18,000 N/A - Infrared Test & Repair of Pump Station Control 47,500 N/A - Police Department Remodeling 67,000 Yes - Fire Department Remodeling 82,500 Yes - Fire Department Generators 20,000 N/A -Terra Linda Recreation Center - Pod Line Replacement 25,000 No - Miscellaneous Park Improvements 50,000 Yes - Terra Linda Pool Heater Replacement 8,000 No - San Rafael Recreation Center Carpet Replacement 4,400 Yes - General Plan Update 55,200 N/A - Traffic Light Controller 4,000 N/A - Traffic Light Control Box 15,000 N/A - Housing Authority of the County of Marin 45,000 Yes 1983-84 - Traffic Signal Interconnect System 3,000 N/A - Pickleweed Park Community Center 30,000 Yes - Street Reconstruction 35,000 N/A - Slide Repair 180,000 N/A - Storm Water Pump Repair Replacement 110,000 N/A - Street Resurfacing/Repair 190,000 N/A - Levee Replacement 15,000 N/A - Installation of Asphalt Sidewalk 45,000 Yes - Sewer Repairs/Corrections 125,000 N/A - Public Works Office Remodeling 5,000 N/A - Miscellaneous Park Improvements 25,000 Yes - Albert Park Restroom Renovation 25,000 Yes - Mast Arm Installation 50,000 Yes - City Hall Roof Repair 55,000 N/A - Police/Fire Department Remodeling 100,000 Yes - Falkirk Community Cultural Center Fire Exits 30,000 Yes - 2 - ATTACHMENT "G" CITY OF SAN RAFAEL ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED The undersigned (hereinafter called the "recipient") hereby agrees than it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. 794), all requirements imposed by the applicable Office of Revenue Sharing Regulation (31 CFR, Part 51), and all guidelines and interpretations issued pursuant thereto. 13ursuant to 31 CFR 51.55(b)(vii), the recipient gives this assurance in consideration of and for the purpose of obtaining any and all of revenue sharing entitlement funds extended by the City of San Rafael. The recipient assures that it does not aid or perpetuate discrimin- ation on the basis of handicap in providing any aid, benefit, or service to (CFR 51.55(c) and (k)(5) the recipient assures that it has evaluated its programs and services, made any necessary non- structural modifications to accommodate the handicapped and has developed a plan to address any necessary structural changes to facilities. This Assurance is binding on the recipient, its success- ors, transferees, and assignees, and the person or persons whose signatures appear below and are authorized to sign this assurance on the behalf of the recipient. 'Ilse Assurance obligates the recipient for the period during which Federal Revenue Sharing funds are extended to it by the City of San Rafael. City of San Rafael Name of Recipient P . 0. Box 60 Street or P.O. Box San Rafael City California 94915 State Zip I certify that the above information is complete and correct to the best of my knowledge. Date PAM19LA J. NICO AI,'City Manager - 2 - ATTACHMENT "H" CONTRACTS At the present time, the City of San Rafael is contracting with the following businesses utilizing revenue sharing funds as payment for services received. Patrick Sullivan & Associates 124 University Avenue 1880 Santa Barbara Street Palo Alto, California 94301 San Luis Obispo, CA 93401 ATTACHMENT "I" GRIEVANCE PROCEDURE Discrimination on Basis of Handicapped Status The following grievance procedure has been established to meet the requirements of Section 504 of the Federal Rehabilitation Act of 1973, as amended. The grievance procedure should be used by any individual, except City of San Rafael Employees and job applicants who wish to file a complaint alleging discrimination on the basis of handicap, in employment practices and policies or the provision of programs, services and benefits by the City of San Rafael. The grievance should be submitted in written form and contain as much information as possible about the alleged discrimination. Other arrangements for submission of a grievance such as a personal inter- view or tape recording will be made available for the visually impaired or those with motor impairments. Submission of the grievance ~mould be made within 30 calendar days of the alleged violation to Section 504 Coordinator; Address: City of San Rafael, P.O. Box 60, San Rafael, CA 94915; Phone Number: (415) 485-3070; Office Hours: 8:30 AM to 5:00 PM. Within ten working days after the receipt of the complaint, the City's Section 504 Coordinator, under direction of the City Manager, will respond in writing (or a method underst000d by the complainant) to the complainant. The response will offer a resolution or explain the position of the City of San Rafael with respect to the complaint. If the response by the City's Section 504 Coordinator is not suffi- cient or does not satisfactorily resolve the issue, the complainant may request a hearing within ten working days of the response before the San Rafael City Council, P.O. Box 60, San Rafael, CA 94915; Phone Number: (415) 485-3074, for resolution. Within 30 calendar days of the hearing, the complainant will receive the final resolution in writing (or a method understood by the complainant) as proposed by the San Rafael City Council. All complaints received by the City's Section 504 Coordinator and responses from the San Rafael City Council will be kept by the City of .San Rafael for a period of three years. These documents may be requested by the Federal Office of Revenue Sharing should an investi- gation into alleged discrimination on the basis of handicapped status he initiated. 33 A/1 - 2 -