HomeMy WebLinkAboutCC ADA Access Advisory Committee 2019 Appointment & Vacancies
FOR CITY CLERK ONLY
Council Meeting: 08/19/2019
Disposition: Approved staff recommendation
Agenda Item No: 4.b
Meeting Date: August 19, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk’s Office
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ________
TOPIC: ADA Access Advisory Committee Appointment and Vacancies
SUBJECT: APPOINTMENT OF TIMOTHY LORD TO FILL ONE UNEXPIRED FOUR-YEAR
TERM ON THE ADA ACCESS ADVISORY COMMITTEE TO THE END OF
OCTOBER 2019 DUE TO RESIGNATION OF CAROL MANASHIL
CALL FOR APPLICATIONS TO FILL FOUR FOUR-YEAR TERMS AND ONE
ALTERNATE FOUR-YEAR TERM ON THE ADA ACCESS ADVISORY COMMITTEE
TO THE END OF OCTOBER 2023 DUE TO THE EXPIRATION OF TERMS OF
EWEN MCKECHNIE, ASHLEY TOMERLIN, JONATHAN FRIEMAN, CAROL
MANASHIL AND ALTERNATE MEMBER JOHN ERDMANN
RECOMMENDATION
1) Appoint Timothy Lord to the ADA Access Advisory Committee to the end of October 2019.
2) Call for applications to fill four four-year terms and one alternate four-year term on the ADA
Access Advisory Committee to the end of October 2023 due to the expiration of terms of
Ewen McKechnie, Ashley Tomerlin, Jonathan Frieman, Carol Manashil/Timothy Lord and
Alternate member John Erdmann.
BACKGROUND
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.
Meetings are held on the first Wednesday of March, June, September and December at 2:00 p.m. in
the Third Floor Conference Room of City Hall, 1400 Fifth Avenue, San Rafael, CA 94901.
ANALYSIS
At its meeting of August 5, 2019, the City Council held a special meeting to interview applicants to fill
three four-year terms on the ADA Access Advisory Committee. During discussion and deliberation,
there was City Council consensus to appoint Fredric Divine, Dianne Wolfe and Timothy Park to three
four-year terms ending in October 2022 and recommended that staff bring back a recommendation to
appoint Timothy Lord to an unexpired four-year term, currently vacant on the ADA Access Advisory
Committee due to the resignation of Carol Manashil, to the end of October 2023. The City Attorney
has advised that at this time, the appointment of Timothy Lord can only be made to complete the
current term of Carol Manashil. When that term expires in October 2019, a new appointment must be
made, and Mr. Lord can be considered for reappointment at that time (with or without an interview),
along with other interested applicants. By approving staff’s recommendation, the City Clerk’s Office
would release a Call for Applications to fill four four-year terms and one alternate four-year term
ending in October 2023 and process the documentation to appoint Timothy Lord to complete the
unexpired term of Carol Manashil, through October 2019.
FISCAL IMPACT
There is no fiscal impact associated with this action.
RECOMMENDED ACTION
1) It is recommended that the City Council appoint Timothy Lord to the ADA Access Advisory
Committee to the end of October 2019.
2) Call for applications to fill four four-year terms and one alternate four-year term on the ADA
Access Advisory Committee to the end of October 2023 due to the expiration of terms of
Ewen McKechnie, Ashley Tomerlin, Jonathan Frieman, Carol Manashil/Timothy Lord and
alternate member John Erdmann.
ATTACHMENTS
1. Applications – Timothy Lord
2. Application Materials
3. ADA Access Advisory Committee Bylaws
Submit Date: Sep 24, 2018
First Name Middle Initial Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Resident of the City of San Rafael for how many years?
Primary Phone Alternate Phone
Employer Job Title
City Of San Rafael, Ca Boards & Commissions
Profile
Which Boards would you like to apply for?
ADA Access Advisory Committee: Submitted
Business Address
4040 Civic Center Drive Ste. 2000 San Rafael Ca 94903
Interests & Experiences
Do you participate in any civic activities?
Little League and High School baseball Boards and field maintenance activities
List any civic organizations of which you are a member:
Dixie Terra Linda Little League Board (6 years); Member, Terra Linda High School Athletic Boosters (1
year)
Timothy R Lord
san rafael CA 94903
20 years
TrueNorth Projects, LLC Counsel
Timothy R Lord Page 1 of 2
Upload a Resume
Education:
Tulane Law School, Juris Doctor, 1992 University of California, Riverside, Bachelor of Science,
Economics, 1988
Why are you interested in serving on a board or commission?
Provide assistance to the City in in compliance with ADA
Question applies to ADA Access Advisory Committee
Please describe your involvement with the disabled community in San Rafael:
Personal experience with neighbor who has a disabled daughter.
Question applies to ADA Access Advisory Committee
If selected to serve, what reasonable accommodation requests should the committee
facilitator know in order for you to fully participate?
None
Question applies to ADA Access Advisory Committee
Do you officially represent an organization, agency, or group with services for people with
disabilities?
Yes No
Question applies to ADA Access Advisory Committee
If Yes to the question above, please indicate the name of the group and your position, and
attach a letter of reference:
n/a
Describe possible areas in which you may have a conflict of interest with the City:
None
Resume_of_Timothy_R_Lord_Esq..pdf
Timothy R Lord Page 2 of 2
TIMOTHY R. LORD
PROFFESSIONAL EXPERIENCE
General Litigation and Trial Counsel, TrueNorth LLC Groups (2010-Present)
Provide legal advises to diversified domestic and international maritime transportation
group of companies on business. Supervise and implement all phases of company risk
management including insurance and claims handling, foreign and domestic
litigation/arbitration supervise outside counsel and handle litigation as First Chair;
Co-Chair, Admiralty/Energy Group, Lewis, Brisbois, Bisgaard & Smith (2004-2010)
Develop and Supervised Am-Jur 100 law firm’s national Admiralty/Energy Practice
Group handling of maritime matters: personal injury including Jones Act, products
liability, vessel arrests, limitation of liability, in rem, salvage, collisions, regulatory,
environmental (OPA’90); maritime and government contracts; property damage claims;
shipboard investigations and marine insurance coverage.
Partner-in-Charge, Kaye, Rose and Maltzman (2001-2004)
Partner in San Francisco Office of mid-sized P&I correspondent maritime firm; handled
and supervised broad range of defense litigation including personal injury for major
international ocean carriers and cruise lines; negotiated maritime contracts and drafted
charter parties and bills of lading and advised on environmental and compliance issues.
Trial Attorney, Civil Div., Torts Branch, Admiralty/Aviation Section (1992-2001)
Represented the United States Departments and Agencies nation-wide in over 25 federal
trial and appellate courts and Supreme Court involving maritime personal injury
including wrongful death and Jones Act claims, cargo claims, OPA’90 civil
prosecution/criminal assist, salvage, ship mortgage foreclosures, property claims;
Oceania Regional Response Team Representative.
EDUCATION/BAR ADMISSIONS/MEMBERSHIP:
Tulane Law School, Juris Doctor, 1992 Editor: Tulane Maritime Law Journal
University of California, Riverside, Bachelor of Science, Economics, 1988
Pennsylvania Bar: 1992 (inactive); California Bar: 2001; Washington Bar: 2003
Maritime Law Association, Proctor in Admiralty
Five Vacancies
ADA Access Advisory Committee
Applications to serve on the ADA Access Advisory Committee to fill four four-year terms
and one alternate four-year term to the end of October 2023, 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 City
Clerk’s Office.
Deadline for filing applications: Tuesday, September 10, 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 concer n 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. 14673, adopted June 3, 2019, outlines the
powers and duties of committee members, etc.
__________________
Lindsay Lara
City Clerk
City of San Rafael
Dated: August 20, 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:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Demographics (Optional)
The demographic information you choose to provide is VOLUNTARY and OPTIONAL
and refusal to provide it will not subject you to any adverse treatment. This information
will be considered confidential, kept separate from your application and will not be used
for evaluating applications or making appointments. The City of San Rafael will use this
information solely to conduct research and compile statistical reports regarding the
composition of its Board and Commission applicants.
Ethnicity:
American Indian or Alaska Native (for example, Navajo Nation, Blackfeet Tribe, Mayan,
Aztec, Native Village or Barrow Inupiat Traditional Government, Nome Eskimo Community,
etc.)
Asian (For example, Chinese, Filipino, Asian Indian, Vietnamese, Korean, Japanese, etc.)
Black or African American (For example, African American, Jamaican, Haitian, Nigerian,
Ethiopian, Somalian, etc.)
Hispanic, Latino, or Spanish origin (For example, Mexican or Mexican American, Puerto
Rican, Cuban, Salvadoran, Guatemalan, Dominican, Colombian, etc.)
Middle Eastern or North African (For example, Lebanese, Iranian, Egyptian, Syrian,
Moroccan, Algerian, etc.)
Native Hawaiian or Other Pacific Islander (For example: Native Hawaiian, Samoan,
Chamorro, Tongan, Fijian, Marshallese, etc.)
White (For example: German, Irish, English, Italian, Polish, French, etc.)
Other race, ethnicity or origin: ______________________________________________
To which gender to your most identify?
Male
Female
Nonbinary or Third Gender
Prefer to self-describe
Prefer not to say
How old are you?
Under 18
18-24 years old
25-34 years old
35-44 years old
45-54 years old
55-64 years old
65-74 years old
75+ years old
SIGNATURE: _______________________________________ DATE: ___________________
FILING DEADLINE: MAIL OR DELIVER TO:
Date: Tuesday, September 10, 2019 City of San Rafael
Time: 5:00 p.m. City Hall, Dept. of City Clerk
1400 Fifth Avenue, Room 209
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 mee ting 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 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 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 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
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 a ccordance 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.