HomeMy WebLinkAboutPW ADA Access Advisory Guidelines & Call for AppsCITY OF�
Agenda Item No: 2
Meeting Date: October 19, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works/City Clerk
Prepared by: Richard Landis / Esther Beirne City Manager
File No.: 9-2-56
SUBJECT: 1) RESOLUTION CLARIFYING THE PURPOSE, QUALIFICATIONS AND TERMS OF
SERVICE OF THE MEMBERS OF THE ADA ACCESS ADVISORY COMMITTEE
2) CALL FOR APPLICATIONS TO FILL FOUR, 2 -YEAR TERMS ON THE SAN
RAFAEL ADA ACCESS ADVISORY COMMITTEE THROUGH THE END OF
OCTOBER, 2011, DUE TO THE EXPIRATION OF TERMS OF MEMBERS SHARI
DEHOUWER, ROBERT GALLIMORE, EWEN McKECHNIE AND CRAIG YATES
AND ONE UNEXPIRED TERM TO THE END OF OCTOBER 2010, DUE TO A
VACANCY CREATED BY THE RESIGNATION OF EMILY DUTCH
SUMMARY BACKGROUND:
In order to provide opportunities for other San Rafael residents and interested parties, ADA Advisory
Committee members were originally limited to two consecutive terms. Over the past 5 years we have
determined that member continuity and familiarity with the Settlement Agreement and the City's overall
accessibility issues/needs are critical to the Committee's continued effectiveness. We therefore request
waiver of the original two consecutive term limitation.
RECOMMENDATION:
1) Staff recommends that the City Council approve the Resolution clarifying the Purpose, Qualifications
and Terms of the members of the ADA Access Advisory Committee; and
2) a) Call for applications to fill four, four-year terms on the ADA Access Advisory Committee, to expire
the end of October, 2011; and one unexpired term to the end of October, 2010;
b) Set the deadline for receipt of applications for Tuesday, November 10, 2009 at 12:00 noon in
the City Clerk's Office, City Hall, Room 209; and
c) Set the date for interviews of applicants at a Special City Council meeting to be held on Monday,
November 16, 2009, commencing at 6:00 p.m.
91t7`row
Council Meeting:
Disposition:
FOR CITY CLERK ONLY
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The 2 -year terms of four members Shari Dehouwer, Robert Gallimore, Ewen McKechnie and Craig Yates
will expire at the end of October, 2009. All four members have expressed interest in seeking
reappointment.
ACTION: 1) Adopt Resolution
2) Approve staff recommendation.
Enclosures: Resolution + Exhibit A
Vacancy Notice
Notice to Applicants re: Ethics Training
Application
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CLARIFYING
THE PURPOSE, QUALIFICATIONS AND TERMS OF THE ADA ACCESS ADVISORY
COMMITTEE
WHEREAS, the City of San Rafael, as a government entity, is required to comply with the all
aspects of the Americans with Disabilities Act (ADA), including related Federal and State
laws, standards and regulations; and
WHEREAS, the City of San Rafael has entered into a Settlement Agreement with the
Department of Justice, effective August 5, 2004, requiring that a number of ADA barriers to
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 implementation of our Settlement Agreement with the DOJ; 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 our obligations under the DOJ Settlement Agreement; and
WHEREAS, the City Council wishes to clarify the Purpose, Qualifications and Terms of
Service of ADA Access Advisory Committee members.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the ADA
Access Advisory Committee Statement of Purpose, Qualifications, Time Commitment and Terms of
Committee Members as outlined in Exhibit A attached.
I, ESTI IER BEIRNE, 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 19th day of October 2009 by the following vote, to wit:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ESTHER BEIRNE, City Clerk
City Clerk\agenda related\ada\resolution terms\10-19-09
ADA ACCESS ADVISORY COMMITTEE
PURPOSE
EXHIBIT A
The ADA Access Advisory Committee is established to review the City's progress in
implementing its Settlement Agreement with the Department of Justice regarding Project Civic
Access. The Committee shall serve an advisory role in assisting the City with creating or
modifying procedures, policies, and standards that are necessary to bring San Rafael into
compliance with both the Settlement Agreement and the ADA.
Currently, the City is required under numerous Federal and State laws to enforce and comply
with all aspects of the Americans with Disabilities Act. In order to keep the purpose of this
Committee clearly defined, it is equally important to define Committee limitations. The ADA
Access Advisory Committee is not involved in:
1. ADA compliance related to private development applications, approvals or enforcement.
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.
QUALIFICATIONS
All members of the ADA Access Advisory Committee must be individuals with a strong interest
and enthusiasm for bringing the City of San Rafael into compliance with the DOJ Settlement
Agreement and the ADA. The Advisory Committee shall consist of nine (9) members. The
majority of members of the Committee shall be residents of the City who have significant
experience in the disability community.
At least five (5) members shall be both residents of San Rafael and persons with disabilities.
Some members of advocacy groups or social service providers may also be appointed, but no
more than three organizations will serve on the Committee. Also, one member of the Committee
shall represent the San Rafael business community interest.
Committee members will be appointed by the City Council.
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TIME COMMITMENT
The Advisory Committee shall meet at least quarterly per annum. Additional meetings may be
scheduled in order to address issues in the DOJ Settlement Agreement. The meetings shall
comply with all provisions of the Brown Act. Review of documents and materials may be
required prior to scheduled meetings.
TERMS OF COMMITTEE MEMBERS
Initial appointees to the Committee will be five individuals who shall serve a three-year term.
Four members will serve two-year terms upon initial appointment. This will allow a staggering
of two-year terms, after initial appointments, over the life of the Committee.
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FIVE VACANCIES - CITY OF SAN RAFAEL
ADA ACCESS ADVISORY COMMITTEE
APPLICATIONS to serve on the ADA ACCESS ADVISORY COMMITTEE, City of San
Rafael, for four, 2 -year terms to the end of October, 2011, and one unexpired term to the end of
October, 2010 may be secured at the City Clerk's Office, City Hall, 1400 Fifth Avenue, Room
209, San Rafael and online at:
http://www.cityofsanrafael.org/Government/City_Clerk/Boards_and_Commissions_2009.htrn
The deadline for filing applications is Tuesday, November 10, 2009, at 12:00 noon.
There is no compensation paid to ADA Access Advisory Committee Members. Members must
comply with the City's ethics training requirement of AB 1234. Please see attached information.
RESIDENTS OR BUSINESS OWNERS OF THE CITY OF SAN RAFAEL AND
PERSONS WITH DISABILITIES MAY APPLY.
The ADA ACCESS ADVISORY COMMITTEE meets the Ist Wednesday of every other month
from 2:00 - 3:00 p.m. in City Hall's Community Development Conference Room, 3rd Floor.
Interviews of applicants will be held at a Special Meeting of the San Rafael City Council on
Monday, November 16, 2009, commencing at 6:00 p.m., to fill the four 2 -year terms to the end
of October, 2011 and one unexpired term to the end of October, 2010.
Details re: the ADA Access Advisory Committee's purpose, qualifications, membership, terms
of appointment, advisory role and limitations, etc., are also attached.
Dated: October 20, 2009
ESTHER C. BEIRNE
City Clerk
City of San Rafael
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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.
For those in office on 1/1/06, the first round of training must be completed by 1/1/07.
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.
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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:
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(If additional paper is necessary when providing answers, please attach them to this application form.)
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?
SIGNATURE: DATE:
FILING DEADLINE - EXTENDED TO: MAIL OR DELIVER TO:
Date: November 10, 2009 City of San Rafael
Time: 12:00 noon City Hall, Dept. of City Clerk
1400 Fifth Avenue, Room 209
P.O. Box 151560
San Rafael, CA 94915-1560
(The information you provide in this application will be used solely by the City of San Rafael.)
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