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HomeMy WebLinkAboutCC ADA Access Advisory Committee Membership Composition and Bylaws____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: March 20, 2023 Disposition: Resolution 15195 Agenda Item No: 4.c Meeting Date: March 20, 2023 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Clerk Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: ADA ACCESS ADVISORY COMMITTEE MEMBERSHIP COMPOSITION AND BYLAWS SUBJECT: RESOLUTION AMENDING THE ADA ACCESS ADVISORY COMMITTEE BYLAWS RECOMMENDATION: Adopt the Resolution Amending the ADA Access Advisory Committee Bylaws. BACKGROUND: On June 6, 2022, the City Council approved changes to Boards, Commissions and Committees (BCC) which modified the composition of the City’s advisory BCCs from 7 members to 5 members and created uniformity to BCC bylaws. At that time, the ADA Access Advisory Committee was inadvertently left out of the Commissions to be changed. The purpose of this recommended action is to amend the bylaws to be consistent with other advisory body BCCs. ANALYSIS: The ADA Access Advisory Committee is currently comprised of seven voting members. Staff is recommending changes to the membership of the ADA Access Advisory Committee in an effort to bring our advisory bodies to a total of five voting members. The purpose of this change is to have uniformity across our advisory committees, improve efficiencies in meetings, and have inclusivity of experiences in our members, while remaining manageable. If approved, the changes to membership will happen through attrition. As terms expire, staff will not fill the vacancies until the new membership number is reached. No current members will be removed to meet the new composition of the Committee. Staff recommends amending the ADA Access Advisory Committee bylaws Section 2.6, Absence and Removal to include language used in other BCC bylaws which indicate unexcused absence from two consecutive Committee meetings shall be considered a voluntary resignation. Previously, this section required three unexcused absences for a voluntary resignation. With the ADA Access Advisory Committee meeting quarterly, staff is recommending two unexcused absences be required for voluntary resignation, and to remain silent on overall absences, unexcused or excused. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Other recommended changes to sections of the bylaws will not have an impact to the Committee, but would bring the bylaws into uniformity with all other advisory BCCs. FISCAL IMPACT: There is no fiscal impact associated with this recommendation. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolution. 2. Adopt resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Adopt the Resolution Amending the ADA Access Advisory Committee Bylaws. ATTACHMENTS: 1. Resolution (ADA Access Advisory Committee) & Exhibit A – Bylaws RESOLUTION NO. 15195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE ADA ACCESS ADVISORY COMMITTEE BYLAWS WHEREAS, the ADA Access Advisory Committee is comprised of seven voting members; and WHEREAS, in an effort to move the City’s advisory bodies to a total of five voting members, staff is recommending the Committee be comprised of five regular members; and WHEREAS, changes to membership will happen through attrition. As terms expire, staff will not fill vacancies until the new membership number is attained. No current members will be removed to meet the new composition of the Committee; and WHEREAS, staff is recommending adoption of amended bylaws for the ADA Access Advisory Committee, set forth in Exhibit A attached and incorporated herein, to be consistent with recently approved bylaws of other City boards, to include information on appointments and compensation; and WHEREAS, the rules and procedures in the proposed bylaws are consistent with the Committee’s current practice; however, written bylaws will clarify the expectations for Committee members; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the ADA Access Advisory Committee Bylaws as set forth in Exhibit A. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was regularly introduced and adopted at a regular meeting of the City Council held on Monday, the 20th day of March 2023, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kertz & Llorens Gulati Lindsay Lara, City Clerk Attachment: ADA Access Advisory Committee Bylaws ADA Access Advisory Committee Bylaws March 20, 2023 1 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 March 20, 2023 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 ADA Access Advisory Committee Bylaws March 20, 2023 3 Section 2.1. Number of Members. The ADA Access Advisory Committee shall consist of five (5) voting members and one (1) non-voting City staff member who will act as the Committee Chairperson. The City Council has the authority to appoint alternates as needed. 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 five (5) voting ADA Committee members and any 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 any 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. The City Manager shall appoint the non-voting City staff member. Section 2.4. Terms of Appointment. Each Committee member shall serve a 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. Section 2.5. Term Limits. Committee members shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms. Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Chairperson shall be considered a voluntary resignation from the Commission. Previously dismissed Commissioners may be eligible for reappointment to the Commission. Commissioners shall be subject to removal by the affirmative vote of three members of the City Council. ADA Access Advisory Committee Bylaws March 20, 2023 4 Section 2.7. Compensation. Committee members serve without compensation. Section 2.8. 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. The Commission shall meet quarterly, unless there is no business to conduct, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.