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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.