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CD ADA Access Advisory Committee Bylaws and Vacancy 2019____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 9-2-56 Council Meeting: 06/03/2019 Disposition: Resolution 14673 and approved staff’s recommendation Agenda Item No: 4.b Meeting Date: June 3, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Department Prepared by: Don Jeppson, Chief Building Official / ADA Coordinator City Manager Approval: ______________ TOPIC: ADA ACCESS ADVISORY COMMITTEE SUBJECT: RESOLUTION REPEALING RESOLUTION NO. 12851 AND ESTABLISHING THE BYLAWS OF THE ADA ACCESS ADVISORY COMMITTEE CALL FOR APPLICATIONS TO FILL THREE FOUR-YEAR TERMS TO THE END OF OCTOBER 2022 ON THE ADA ACCESS ADVISORY COMMITTEE DUE TO THE EXPIRATION OF TERMS OF ROB SIMON AND FREDRIC DIVINE AND THE RESIGNATION OF BROOKLYN RODDEN RECOMMENDATION: 1. Adopt a resolution repealing Resolution No. 15851 and establishing bylaws of the ADA Access Advisory Committee to expand and to amend the Purpose, Qualifications, and Terms of Service. 2. Call for applications to fill three four-year terms to the end of October 2022 on the ADA Access Advisory Committee and set the deadline for receipt of applications to Tuesday, June 25, 2019 at 5:00 p.m. BACKGROUND: Modeled after the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA is one of the United States' most comprehensive pieces of civil rights legislation that prohibits discrimination of people with disabilities and guarantees that they have the same opportunities as everyone else to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. As a government entity, the City of San Rafael is required to comply with the Americans with Disabilities Act (ADA), including all related federal and state laws, standards, and regulations. In the early 1990s the United States Department of Justice (DOJ) designated San Rafael as a participant in their “Project Civic Access,” which requires all City facilities to come into compliance with Title II of the Americans with Disabilities Act of 1990 (ADA). On August 5, 2004, the City entered into a settlement agreement with the DOJ that requires the City to comply with ADA requirements for all construction or alterations to public SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 facilities and streets that commenced after January 26, 1992. The agreement specified new curb ramps and revisions to public facilities, such as the Library, City Hall, City Plaza, parks, parking lots and structures to be made pursuant to a 10-year schedule (2004 to 2014). The City was required to file annual reports with the DOJ to report on the status of compliance with the settlement agreement. The City of San Rafael completed most of the work specified in the settlement agreement except for the ADA curb ramps section of the agreement. Due to the complexity, number, and cost of the curb ramp projects, in 2014, the DOJ granted the City a five-year extension through 2019 to construct the remaining curb ramps. With the required curb ramps still not complete, on June 21, 2016, the DOJ notified the City that it was closing its file on the case, and that further reporting to the DOJ was no longer required. The City's ADA obligations continue. On September 7, 2004, the City Council established an ADA Access Advisory Committee, through Resolution No. 11620, to assist the City in complying with Federal and State ADA law and fulfilling the City’s obligations under the DOJ settlement agreement. On October 19, 2009, the City Council adopted Resolution No. 12851, clarifying the purpose, qualifications, and terms of service of committee members. On September 4, 2018, the City Council called for applications to fill four four-year terms on the ADA Access Advisory Committee due to the expired terms of Fredric Divine, Eric Holm, Gladys Gilliland and Rob Simon and nine (9) applications were received. Subsequent to the Call for Applications, Committee member Brooklynn Rodden resigned. Interviews for the vacancies were not scheduled because of the changes being made to the Committee bylaws and scope. Now that changes to the bylaws and scope have been prepared for City Council consideration, staff recommends that the City Council call for applications, which will direct the City Clerk to release another call for applications to fill only three positions on the ADA Access Advisory Committee; the previous nine (9) applications received will be considered in addition to any new applications received during the new application period. ANALYSIS: The City of San Rafael desires to involve people with disabilities, including residents, business leaders, and property owners to help meet our ADA obligations and to remove barriers from our programs and services. To that end, City staff has prepared proposed bylaws for the ADA Access Advisory Committee (Attachment 2). Staff recommends that the Committee be revised to include a total of seven (7) members of the community with one (1) alternate member and one (1) non-voting City staff member who will act as the Committee Chairperson. Staff also recommends that the City Council select and appoint three unfilled Committee positions utilizing a public application process. It is the intent and desire of City staff that the ADA Access Advisory Committee provide valuable input to the City, so the City can successfully meet its ADA obligations in an effective and inclusive manner. Staff recommends that the City Council adopt the attached resolution (Attachment 1) to expand and amend the purpose, qualifications, and terms of service of the ADA Access Advisory Committee members by replacing Resolution No. 12851 with new bylaws and release a Call for Applications to fill three four-year terms on the ADA Access Advisory Committee. COMMUNITY OUTREACH: A public workshop was held on April 24, 2019 at 5:00 PM and the City’s ADA Coordinator took feedback, comments, and suggestions relating to the ADA Access Advisory Committee bylaws into consideration. Calls for applications for the three unfilled Committee positions will be shared on social media channels and direct outreach will be conducted to reach those previously expressing interest. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: There is no fiscal impact associated with this item. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented and approve the Call for Applications 2. Adopt resolution with modifications and approve the Call for Applications. 3. Do not adopt the resolution and direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: 1. Adopt a resolution repealing Resolution No. 15851 and establishing bylaws of the ADA Access Advisory Committee to expand and to amend the Purpose, Qualifications, and Terms of Service. 2. Call for applications to fill three four-year terms to the end of October 2022 on the ADA Access Advisory Committee and set the deadline for receipt of applications for Tuesday, June 25, 2019 at 5:00 p.m. ATTACHMENTS: 1. Resolution 2. Exhibit A to resolution: ADA Access Advisory Committee Bylaws 3. Application Materials RESOLUTION NO. 14673 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING RESOLUTION NO. 12851 AND ESTABLISHING BYLAWS OF THE ADA ACCESS ADVISORY COMMITTEE WHEREAS, the City of San Rafael, as a government entity, is required to comply with all the aspects of the Americans with Disabilities Act (ADA), including related Federal and State laws, standards and regulations; and WHEREAS, as part of “Project Civic Access” sponsored by the United States Department of Justice (DOJ), the City of San Rafael entered into a Settlement Agreement, effective August 5, 2004, requiring that several ADA barriers to City programs, facilities and services be removed as defined in said Agreement; and WHEREAS, the City of San Rafael desires to involve the disabled community, including residents of our community as well as those who provide support services, to meet both our ADA obligations and the obligations of the DOJ Settlement Agreement; and WHEREAS, by Resolution No. 11620, the City Council established an ADA Access Advisory Committee on September 7, 2004, to assist the City in complying with Federal and State ADA law and fulfilling the City’s obligations under the DOJ Settlement Agreement; and WHEREAS, by Resolution No. 12851, the City Council clarified the Purpose, Qualifications, and Terms of Service of ADA Access Advisory Committee members; and WHEREAS, the City Council wishes to expand and to amend the Purpose, Qualifications, and Terms of Service of the ADA Access Advisory Committee members by replacing Resolution No. 12851 with new bylaws; NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council as follows: 1. City Council Resolution No. 12851, adopted October 19, 2009, is hereby repealed. 2. The City Council hereby adopts the City of San Rafael Americans with Disabilities Act Access Advisory Committee Bylaws set forth in in Exhibit A attached hereto and incorporated herein by reference. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting held on the 3rd day of June 2019 by the following vote, to wit: AYES: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Bushey LINDSAY LARA, City Clerk EXHIBIT A: ADA ADVISORY COMMITTEE BYLAWS ADA Access Advisory Committee Bylaws June 3, 2019 1 THE CITY OF SAN RAFAEL AMERICANS WITH DISABILITIES ACT ACCESS ADVISORY COMMITTEE BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. The name of this body shall be the City of San Rafael Americans with Disabilities Act Access Advisory Committee, hereinafter referred to as the "ADA Access Advisory Committee," or the “Committee.” Section 1.2. Purpose. The ADA Access Advisory Committee provides valuable input in determining disability policy for the City of San Rafael. The ADA Access Advisory Committee provides input, advises the City on matters relating to people with disabilities, and is a primary public networking resource between persons with disabilities, disability service agencies, representatives from government agencies, and others. Members of the committee represent a broad cross-section of members of the community with disabilities, reflecting multiple disabilities, and the cultural and gender diversity of the wider disability community. The ADA Access Advisory Committee works in conjunction with the City of San Rafael. Section 1.3. Committee Responsibility. The ADA Access Advisory Committee’s authority is advisory only. The ADA Access Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The ADA Access Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time - to-time by the City Council. The ADA Access Advisory Committee may: 1. Act as a liaison between the City and the disabled community living and doing business in the City of San Rafael; 2. Assist the City with ADA projects including, but not limited to the: Self Evaluation, Transition Plan, publicity, website content, training, and emergency planning for persons with disabilities; 3. Solicit public input on city-related ADA projects and programs and provide a public forum for individuals with disabilities and groups representing people with disabilities; 4. Facilitate community awareness and advocacy by identifying and articulating common concerns; 5. Advise and educate members of the disability community, City staff, and the public about disability rights and accessibility issues; 6. Provide input to the City for the removal of physical barriers in City facilities, on City property, and the public rights-of-way based upon identified needs and ADA Access Advisory Committee Bylaws June 3, 2019 2 budget; 7. Work to improve accessibility for persons with disabilities throughout the community; 8. Promote emerging state and national disability issues relevant to the City; 9. Provide input for prioritizing barrier removal projects that are funded in the Capital Improvement Plan. The Director of Public Works shall have the final decision over the approval and authorization of projects; 10. Provide input on Disabled Access Hardship Applications submitted to the Building Division on permitted projects. The Chief Building Official shall have the final decision over the Disabled Access Hardship Application. The ADA Access Advisory Committee is not involved in: 1. ADA compliance related to private development applications, approvals , or enforcement other than Disabled Access Hardship Applications as described above. This responsibility is carried out by the Community Development Department. 2. Grievances under the ADA directed toward the City. Anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of San Rafael shall fall under the provisions of the City's grievance procedure. 3. Project review and approval. Existing Boards or Commissions (such as the Design Review Board or Planning Commission) that are established for public or private project review and approval, which includes full ADA compliance, shall remain with those Boards and Commissions. 4. City bids, contracts and agreements. The City has full responsibility to ensure that all approved bids, contracts and agreements are in full compliance under the ADA. Section 1.4. Brown Act. All meetings of the ADA Access Advisory Committee shall be open and public, and all persons shall be permitted to attend any meeting of the ADA Access Advisory Committee, except as otherwise provided in the Ralph M. Brown Act. (Government Code Sections 54950 et seq.) Meetings will be accessible to all, with accommodations for accessibility issues made upon request. Any person who disrupts the meeting may be asked to leave and be removed. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The ADA Access Advisory Committee shall ADA Access Advisory Committee Bylaws June 3, 2019 3 consist of seven (7) voting members, one (1) alternate member, and one (1) non-voting City staff member who will act as the Committee Chairperson. The City staff member will typically be the City’s ADA Coordinator, but in all instances shall be the person appointed by the City Manager. Section 2.2. Eligibility. The seven (7) voting ADA Committee members and one (1) alternate shall consist of the following, each having the same duties and responsibilities: 1. Persons who are, or family members of, City of San Rafael residents with disabilities; and/or 2. Individuals residing in the City of San Rafael serving persons with disabilities in Marin County; and/or 3. Property owners, business owners, or individuals residing in the City of San Rafael with expertise and/or affiliations with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities; and/or 4. One member of the Committee may represent the San Rafael business community interest. Membership on the Committee shall not be limite d based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above. Section 2.3. Appointment of Committee Members. Voting Committee members and alternate member shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Section 2.4. Terms of Appointment. Each Committee member shall serve a minimum term of four (4) years but not more than two terms. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year. A Committee member whose term is expiring should notify the Chairperson at least ninety (90) days before the end of his/her term whether he/she wishes to continue his/her membership. Section 2.5. Resignation. All resignations from the ADA Access Advisory Committee shall be submitted in writing to the Chairperson. The resigning Committee member should provide as much notice as possible. Section 2.6. Absence and Removal. Attendance at any regularly scheduled meeting is a necessary part of being an effective Committee member. If a member is unable to attend a regularly scheduled meeting, the member should notify the Chairperson at least twenty-four (24) hours in advance of a regularly scheduled meeting to have an excused ADA Access Advisory Committee Bylaws June 3, 2019 4 absence. An unexcused absence from three (3) consecutive ADA Committee meetings without notification to the Chairperson, or six absences (whether excused or unexcused) in any term, shall result in immediate review of Committee membership by the Committee. If agendized for such action, the Committee may vote to remove the absent Committee member and declare the position to be vacant. Such voting may be on the same day as the review or at a future meeting. Previously dismissed Committee members may be eligible for reappointment to the Committee in accordance with Section 2.4. Section 2.7. Vacancies. Vacancies, no matter how arising, shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Section 2.8. Compensation. Committee members serve without compensation. Section 2.9. Duties of the Chairperson. The Chairperson shall preside over all ADA Access Advisory Committee meetings and shall be responsible for preparing agendas, meeting minutes, and maintaining records of documents submitted to the Committee for consideration at the meeting. If the Chairperson is unable to attend a regularly scheduled meeting, the regularly scheduled meeting shall be cancelled and resumed at the next regularly scheduled meeting. ARTICLE III. MEETINGS Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Meetings shall be held quarterly on the first Wednesday of March, June, September and December at 2:00 p.m. at City Hall. If the regular meeting dates fall on a legal holiday, that meeting may be held on a date selected by the Committee at the regular meeting preceding the holiday. Section 3.2. Agenda. Items may be placed on the agenda by the C hairperson or at the request of a member if approved by the Chairperson. The Chairperson will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items to be included on the agenda should be submitted to the Chairperson no later than two weeks before the scheduled Committee meeting. Agenda packets for regular meetings will be provided to the Committee members at least two (2) business days before the scheduled meeting. Section 3.3. Special Meetings. Special meetings may be called by the Chairperson. Section 3.4. Quorum. Four (4) voting members of the Committee shall constitute a quorum for the transaction of business at any regular or special meeting of the ADA Access Advisory Committee. Section 3.5. Voting. A majority vote of those present and constituting a quorum shall be required to agree to any business of the Committee, including making any recommendation that will be presented to the City Council, City Manager, Director of ADA Access Advisory Committee Bylaws June 3, 2019 5 Public Works, or Chief Building Official, provided that any Committee member who abstains due to a legal conflict of interest shall not be counted in determining the existence of a quorum or a majority vote. ARTICLE IV. ADOPTION AND AMENDMENT Section 4.1. Effective Date. The Bylaws shall become effective immediately upon a majority vote of approval by the City Council. Section 4.2. Amendments. These Bylaws may be amended by majority vote of the City Council at any regular meeting of the City Council. All proposed amendments to the Bylaws shall be made available to the membership at least ten (10) days prior to the meeting at which the City Council will vote on the proposed changes. The amendment shall become effective immediately upon a majority vote of approval by the City Council. Three Vacancies ADA Access Advisory Committee Applications to serve on the ADA Access Advisory Committee to fill three four-year terms to the end of October 2022, may be obtained online at https://www.cityofsanrafael.org/boards-commissions/ and may be completed and submitted electronically. Hard copies of the application are also available in the C ity Clerk’s Office. Deadline for filing applications: Tuesday, June 25, 2019 at 5:00 p.m. There is no compensation paid to Committee Members. Members must comply with the City’s ethics training requirement of AB 1234, and reimbursement policy. See attached information. Only persons may apply who are: 1) Persons who are, or family members of, City of San Rafael residents with disabilities; and/or 2) Individuals residing in the City of San Rafael serving persons with disabilities in Marin County; and/or 3) Property owners, business owners, or individuals residing in the City of San Rafael with expertise and/or affiliations with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities; and/or 4) One member of the Committee may represent the San Rafael business community interest. The ADA Access Advisory Committee meets on the 1st Wednesday of March, June, September & December from 2:00 - 3:00 p.m. in City Hall’s Community Development Conference Room, 3rd Floor. These meetings shall comply with all provisions of the Brown Act. Interviews of applicants will be scheduled to be scheduled on a date to be determined. San Rafael City Council Resolution No. _____, adopted June 3, 2019, outlines the powers and duties of committee members, etc. __________________ Lindsay Lara City Clerk City of San Rafael Dated: June 4, 2019 CITY OF SAN RAFAEL APPLICATION TO SERVE AS MEMBER OF ADA ACCESS ADVISORY COMMITTEE NAME: _______________________________________________________________________ STREET ADDRESS: ____________________________________________________________ CITY/STATE/ZIP CODE: _________________________________________________________ RESIDENT OF THE CITY OF SAN RAFAEL FOR __________ YEARS PRESENT WORK POSITION: _____________________________________________________ NAME OF FIRM: ________________________________________________________________ BUSINESS ADDRESS: ___________________________________________________________ * HOME & BUSINESS PHONE #’s: __________________________________________________ * E-MAIL ADDRESS (optional): _____________________________________________________ EDUCATION: _______________________________________________________________________________ _______________________________________________________________________________ DESCRIBE YOUR INVOLVEMENT WITH THE DISABLED COMMUNITY IN SAN RAFAEL: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ DO YOU OFFICIALLY REPRESENT AN ORGANIZATION, AGENCY, OR GROUP WITH SERVICES FOR PEOPLE WITH DISABILITIES? YES __________ NO __________ IF YES, PLEASE INDICATE THE NAME OF THE GROUP AND YOUR POSITION, AND ATTACH A LETTER OF REFERENCE: _______________________________________________________________________________ ________________________________________________________________________________ DO YOU REPRESENT THE BUSINESS COMMUNITY? YES________ NO ________ IF YES, PLEASE INDICATE THE NAME OF THE BUSINESS AND YOUR POSITION: _________________________________________________________________________________ _________________________________________________________________________________ YOUR REASONS FOR WANTING TO SERVE: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ IF SELECTED TO SERVE, WHAT REASONABLE ACCOMMODATION REQUESTS SHOULD THE COMMITTEE FACILITATOR KNOW, IN ORDER FOR YOU TO FULLY PARTICIPATE? _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ DESCRIBE POSSIBLE AREAS IN WHICH YOU MAY HAVE A CONFLICT OF INTEREST WITH THE CITY: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ SIGNATURE: _______________________________________ DATE: ___________________ FILING DEADLINE: MAIL OR DELIVER TO: Date: Tuesday, June 25, 2019 City of San Rafael Time: 5:00 p.m. City Hall, Dept. of City Clerk 1400 Fifth Avenue, Room 209 P.O. Box 151560 San Rafael, CA 94915-1560 *Information kept confidential to the extent permitted by law AMERICANS WITH DISABILITIES ACT ACCESS ADVISORY COMMITTEE BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. The name of this body shall be the City of San Rafael Americans with Disabilities Act Access Advisory Committee, hereinafter referred to as the "ADA Access Advisory Committee," or the “Committee.” Section 1.2. Purpose. The ADA Access Advisory Committee provides valuable input in determining disability policy for the City of San Rafael. The ADA Access Advisory Committee provides input, advises the City on matters relating to people with disabilities, and is a primary public networking resource between persons with disabilities, disability service agencies, representatives from government agencies, and others. Members of the committee represent a broad cross-section of members of the community with disabilities, reflecting multiple disabilities, and the cultural and gender diversity of the wider disability community. The ADA Access Advisory Committee works in conjunction with the City of San Rafael. Section 1.3. Committee Responsibility. The ADA Access Advisory Committee’s authority is advisory only. The ADA Access Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The ADA Access Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time - to-time by the City Council. The ADA Access Advisory Committee may: 1. Act as a liaison between the City and the disabled community living and doing business in the City of San Rafael; 2. Assist the City with ADA projects including, but not limited to the: Self Evaluation, Transition Plan, publicity, website content, training, and emergency planning for persons with disabilities; 3. Solicit public input on city-related ADA projects and programs and provide a public forum for individuals with disabilities and groups representing people with disabilities; 4. Facilitate community awareness and advocacy by identifying and articulating common concerns; 5. Advise and educate members of the disability community, City staff, and the public about disability rights and accessibility issues; 6. Provide input to the City for the removal of physical barriers in City facilities, on City property, and the public rights-of-way based upon identified needs and budget; 7. Work to improve accessibility for persons with disabilities throughout the community; 8. Promote emerging state and national disability issues relevant to the City; 9. Provide input for prioritizing barrier removal projects that are funded in the Capital Improvement Plan. The Director of Public Works shall have the final decision over the approval and authorization of projects; 10. Provide input on Disabled Access Hardship Applications submitted to the Building Division on permitted projects. The Chief Building Official shall have the final decision over the Disabled Access Hardship Application. The ADA Access Advisory Committee is not involved in: 1. ADA compliance related to private development applications, approvals, or enforcement other than Disabled Access Hardship Applications as described above. This responsibility is carried out by the Community Development Department. 2. Grievances under the ADA directed toward the City. Anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of San Rafael shall fall under the provisions of the City's grievance procedure. 3. Project review and approval. Existing Boards or Commissions (such as the Design Review Board or Planning Commission) that are established for public or private project review and approval, which includes full ADA compliance, shall remain with those Boards and Commissions. 4. City bids, contracts and agreements. The City has full responsibility to ensure that all approved bids, contracts and agreements are in full compliance under the ADA. Section 1.4. Brown Act. All meetings of the ADA Access Advisory Committee shall be open and public, and all persons shall be permitted to attend any meeting of the ADA Access Advisory Committee, except as otherwise provided in the Ralph M. Brown Act. (Government Code Sections 54950 et seq.) Meetings will be accessible to all, with accommodations for accessibility issues made upon request. Any person who disrupts the meeting may be asked to leave and be removed. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The ADA Access Advisory Committee shall consist of seven (7) voting members, one (1) alternate member, and one (1) non-voting City staff member who will act as the Committee Chairperson. The City staff member will typically be the City’s ADA Coordinator, but in all instances shall be the person appointed by the City Manager. Section 2.2. Eligibility. The seven (7) voting ADA Committee members and one (1) alternate shall consist of the following, each having the same duties and r esponsibilities: 1. Persons who are, or family members of, City of San Rafael residents with disabilities; and/or 2. Individuals residing in the City of San Rafael serving persons with disabilities in Marin County; and/or 3. Property owners, business owners, or individuals residing in the City of San Rafael with expertise and/or affiliations with private or public organizations concerned with issues of accessibility and/or other issues of concern to persons with disabilities; and/or 4. One member of the Committee may represent the San Rafael business community interest. Membership on the Committee shall not be limited based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above. Section 2.3. Appointment of Committee Members. Voting Committee members and alternate member shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Section 2.4. Terms of Appointment. Each Committee member shall serve a minimum term of four (4) years but not more than two terms. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year. A Committee member whose term is expiring should notify the Chairperson at least ninety (90) days before the end of his/her term whether he/she wishes to continue his/her membership. Section 2.5. Resignation. All resignations from the ADA Access Advisory Committee shall be submitted in writing to the Chairperson. The resigning Committee member should provide as much notice as possible. Section 2.6. Absence and Removal. Attendance at any regularly scheduled meeting is a necessary part of being an effective Committee member. If a member i s unable to attend a regularly scheduled meeting, the member should notify the Chairperson at least twenty-four (24) hours in advance of a regularly scheduled meeting to have an excused absence. An unexcused absence from three (3) consecutive ADA Committee meetings without notification to the Chairperson, or six absences (whether excused or unexcused) in any term, shall result in immediate review of Committee membership by the Committee. If agendized for such action, the Committee may vote to remove the absent Committee member and declare the position to be vacant. Such voting may be on the same day as the review or at a future meeting. Previously dismissed Committee members may be eligible for reappointment to the Committee in accordance with Section 2.4. Section 2.7. Vacancies. Vacancies, no matter how arising, shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Section 2.8. Compensation. Committee members serve without compensation. Section 2.9. Duties of the Chairperson. The Chairperson shall preside over all ADA Access Advisory Committee meetings and shall be responsible for preparing agendas, meeting minutes, and maintaining records of documents submitted to the Committee for consideration at the meeting. If the Chairperson is unable to attend a regularly scheduled meeting, the regularly scheduled meeting shall be cancelled and resumed at the next regularly scheduled meeting. ARTICLE III. MEETINGS Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Meetings shall be held quarterly on the first Wednesday of March, June, September and December at 2:00 p.m. at City Hall. If the regular meeting dates fall on a legal holiday, that meeting may be held on a date selected by the Committee at the regular meeting preceding the holiday. Section 3.2. Agenda. Items may be placed on the agenda by the Chairperson or at the request of a member if approved by the Chairperson. The Chairperson will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items to be included on the agenda should be submitted to the Chairperson no later than two weeks before the scheduled Committee meeting. Agenda packets for regular meetings will be provided to the Committee members at least two (2) business days before the scheduled meeting. Section 3.3. Special Meetings. Special meetings may be called by the Chairperson. Section 3.4. Quorum. Four (4) voting members of the Committee shall constitute a quorum for the transaction of business at any regular or special meeting of the ADA Access Advisory Committee. Section 3.5. Voting. A majority vote of those present and constituting a quorum shall be required to agree to any business of the Committee, including making any recommendation that will be presented to the City Council, City Manager, Director of Public Works, or Chief Building Official, provided that any Committee member who abstains due to a legal conflict of interest shall not be counted in determining the existence of a quorum or a majority vote. ARTICLE IV. ADOPTION AND AMENDMENT Section 4.1. Effective Date. The Bylaws shall become effective immediately upon a majority vote of approval by the City Council. Section 4.2. Amendments. These Bylaws may be amended by majority vote of the City Council at any regular meeting of the City Council. All proposed amendments to the Bylaws shall be made available to the membership at least ten (10) days prior to the meeting at which the City Council will vote on the proposed changes. The amendment shall become effective immediately upon a majority vote of NOTICE TO BOARD & COMMISSION APPLICANTS REGARDING ETHICS TRAINING On January 1, 2006, a new law became effective that requires two (2) hours of ethics training of the local legislative bodies by January 1, 2007. This new law defines a local legislative body as a “Brown Act” governing body, whether permanent or temporary, decision-making or advisory, and created by formal action of the City Council. In other words, any person serving on a City Council, Board, Commission, or Committee created by the Council is subject to this ethics training requirement. After this initial class, training will be required every two years. Ethics training can be accomplished by taking a 2-hour class, self-study, or an on-line class. You may seek reimbursement for taking any authorized ethics class. The city staff member that is assigned to your committee can help you with the reimbursement process. After you have completed the ethics class, the original certificate needs to be given to the City Manager’s Office for record-keeping, with a copy kept for your records. AB 1234 (Salinas). Local Agencies: Compensation and Ethics Chapter 700, Statutes of 2005 This law does the following: • Ethics Training: Members of the Brown Act-covered decision-making bodies must take two hours of ethics training every two years, if they receive compensation or are reimbursed expenses. The training can be in-person, on-line, or self-study. • Expense Reimbursement -- Levels: Local agencies which reimburse expenses of members of their legislative bodies must adopt written expense reimbursement policies specifying the circumstances under which expenses may be reimbursed. The policy may specify rates for meals, lodging, travel, and other expenses (or default to the Internal Revenue Service’s (IRS) guidelines). Local agency officials must also take advantage of conference and government rates for transportation and lodging. • Expense Reimbursement -- Processes: Local agencies, which reimburse expenses, must also provide expense reporting forms; when submitted, such forms must document how the expense reporting meets the requirements of the agency’s expense reimbursement policy. Officials attending meetings at agency expense must report briefly back to the legislative body at its next meeting.