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HomeMy WebLinkAboutMinutes Committee For Persons With Disabilities - 03/06/2002 MINUTES - QUORUM MEETING COMMITTEE FOR PERSONS WITH DISABILITIES March 6, 2002 Committee Members - Present Committee Members - Absent Chairperson: Ms. Crystal Lyons Ms. Sandra Cabazos Vice Chair: Mr. Roberto M. Flores Ms. Linda Fallwell-Stover Ms. Toni Padilla Ms. Mary J. Saenz Billy R. Sayles Mr. Eloy Son Mr. Glen Ray Tomo CITY STAFF: (ADMINISTRATIVE SUPPORT) Building Official: Park & Recreation Director: Mr. Art Sosa Mr. Tony Cisneros Human Relations Administrator: Legal Advisor: Mr. L. David Ramos, Director Mr. Joseph Harney Human Relations Management Assistant: Ms. June Shultz - Absent ATTENDANCE - Roll Call — Absences: Sandra Cabazos, City Staff — June Shultz. Linda Hodge was present as a substitute for Tony Cisneros. APPROVAL OF THE MINUTES: Minutes of January 30, 2002 Special Meeting and February 6, 2002 were reviewed. Correction for February 6th, Toni Padilla was absent. Motion to approve February 6th minutes as corrected made by Eloy Soza, and seconded by Linda Fallwell-Stover. Vote taken and the minutes were approved. Motion to approve January 30th minutes as presented made by Toni Padilla, and seconded by Eloy Soza. Vote taken and the minutes were approved. SCANNED PUBLIC COMMENTS/PRESENTATIONS: Presentation by City Manager: Citizen Complaint Process and ADA Citizen Grievance /Accommodation Request Process. (Postponed due to attendance of a funeral.) Mr. Ramos offered to reviewed highlights of the Grievance Form that is part of the City's Grievance Form. He provided handouts, but the Committee preferred to wait until the City Manager's presentation to review it. Mr. Tomo asked how often it (the form) is used. Mr. Ramos uses it frequently. There are timelines involved and if he can't provide an accommodation, it goes to the City Manager. Fortunately he's been able to provide the accommodation. Mr. Tomo asked questions about completing the form. Mr. Ramos explained that normally requests are taking by a department and forwarded to Mr. Ramos. He follows up on it and if an accommodation can be provided, he completes the recommendation. Ms. Fallwell-Stover asked about the level of awareness. Mr. Ramos indicated that all departments are aware of the process. Every Department Head has a manual of City Policies and this policy is included in the manual. Ms. Fallwell-Stover asked what his instinct was on the actual level of awareness of ADA issues and this process. It is the Committee's impression that people may not be aware of it and they may have to make multiple calls before someone receives the assistance they are seeking. Mr. Ramos indicated that may be correct. Ms. Hodge mentioned problems of turnover of staff and limited amount of how much that can be retained. There is Staff training, but it key to focus on senior staff. It is important to bring about the awareness or remind staff of the process. Mr. Ramos discussed providing training to Directors and Department Compliance Officers. He works routinely with the Solid Waste Services Department. He doesn't know if persons answering the telephone, but he will provide training to Department Heads and then they have to take ownership of responsibility of distributing the information to their staff. Is it their responsibility to call the ADA Citywide Coordinator or do the individual departments complete the forms. They have the manual and forms in their office. Should they fill out the forms. Unfortunately, it doesn't always happen that way, so Mr. Ramos has asked them to call him. But technically there is suppose to be someone in the office who can fill out the forms. Some Departments are so big that there is a need for additional persons to be trained in completion of the forms. Mr. Ramos identified three steps that he will follow-up on: 1. Training to Director's; 2. Training to Department ADA Compliance Officers/Coordinators; 3. Placement of the Grievance Form on the City's 2 Web Page, so departments can access it. He will also reschedule the City Manager's Presentation. CHAIR'S REPORT: The Chair brought some parliamentary procedure handbooks to help with meeting procedures. At last month's meeting we talked about how to put things in the form of a motion, and this information will help. There is a page at the middle that is very good — it is a Chart that would be very helpful. There is a little overview in the City's Orientation Book. COMMITTEE REPORTS: Education and Outreach Sub-Committee Report: Ms. Cabazos is out and Mr. Soza left early. Mr. Ramos provided an update. Ms. Cabazos, Mr. Soza and Mr. Ramos spoke with Ted Nelson, regarding the PSA project. Mr. Ramos and/or the Committee worked on cable interviews. Lee Sausley has a company that videotapes for entities. They are very good. They do a lot of the departments information. We prepared about a 10 minute segment that will be aired, where Mr. Soza spoke about "People First" language. It was taped in our Conference Room. Mr. Sausley was very interested in that. Mr. Ramos talked about it, leading into Mr. Soza's interview. That is being cut and pasted. On Monday, Mr. Ramos will be meeting with Ted Nelson for a one-on-one interview, which will air in the month of April on channel 10. It will show different areas of the City that have ADA accessibility, and discuss ADA, "People First" language, accessibility information. He will also discuss the Human Relations Department, EEOC and Fair Housing issues also, but mainly focus on ADA issues. Ms. Padilla asked for clarification if there would be two separate tapes. Mr. Ramos clarified that it would be one tape, information leading into the other. Ms. Lyons asked a question — have you already made a big deal out of the reason for us to be accessible is because we are getting people out of institutions? Mr. Ramos said, No. Part of the story that Mr. Soza wanted to talk about was an example of his own situation. Ms. Lyons indicated that there was a focus group who worked on this and she hopes that the message is what was proposed, not that information as the big part of the message. General discussion ensued. Ms. Fallwell-Stover expressed an interest in seeing the tape before it aired. Mr. Ramos indicated that he would ask about it. Ms. Fallwell-Stover asked if Mr. Ramos provided the information that the focus group developed on where they were coming from. Mr. Ramos confirmed 3 yes that the information was provided. Additionally, Ms. Cabazos, Mr. Soza and Mr. Ramos met with them in advance. Mr. Ramos also touched upon the ADA Transition Plan. Following the airing of this information, we will work on the PSAs. Possibly 30 second segments. Mr. Ramos would view the final product, then also share it with the Committee. Ms. Padilla made a motion, "to have a viewing of this production and future PSA's relating to ADA issues for this Committee, prior to its airing". Ms. Fallwell-Stover asked amend to motion to include, "to ensure that it is consistent with the goals of the Committee, that had been outlined by the focus committee". Seconded by Ms. Fallwell-Stover. Ms. Lyons reviewed the motion, no further discussion was held, a vote was taken and the motion and amendment passed unanimously. Legislative Updates Sub-Committee: Ms. Lyons asked if there was something from Dennis Ferrell pertaining to the House Bill on the transportation committee? Ms. Fallwell-Stover didn't bring it, but it pertained to the Advocate Seatbelt project. Information was presented on an new initiative. She'll bring it to the next meeting. Steering Sub-Committee: Pretty slow going. It doesn't appear that it will be as simple as it first appeared to be. We may have to change some of the criteria. There was no listing for the CDBG Ad Hoc Committee. Ms. Lyons asked Mr. Harney if she could add it. He said he could give comments on it. CDBG Ad Hoc Committee: Ms. Lyons and Mr. Ramos met with Ms. Fallwell-Stover, Mr. Sayles and Ms. Teniente of Traffic Engineering. We met on February 12th on prioritizing the ADA Traffic Engineering / Special Engineering Projects (i.e.: sidewalks and street improvements, etc.). We looked at those projects that were ADA compliance related and tried to prioritize them. Primarily used last year's list and re-prioritized. They were due in on the 15th. After the 15th, Ms. Lyons has a copy of her report, which is basically in line with the report developed. There was one, which Ms. Lyons believes Ms. Teniente mentioned was consolidated, but she needs to follow up on that to be certain. General discussion about the meeting. There was a request for a Legal Department Opinion on the sidewalk eligibility issue. What Mr. Harney has discovered so far, that the regulations are what everyone is using. The specific wording on sidewalks not being 4 eligible. Ms. Lyons mentioned the wording, "maintenance" being the key word. Mr. Harney mentioned "maintenance and operations". The other problem that other cities, he looked into, have experienced is assess for sidewalk and to property. The concern was that CDBG funds that could otherwise have been spent on other projects were lost, by putting it on sidewalks, when there is an opportunity the sidewalks could be addressed through assessment repairs, which could be funded by the property owners. There were very few court cases. One case kind of went into that. And as a result that is why they are steering away from funding sidewalks from CDBG funds. It is a matter of interpretation, and it gives a lot discretion with the Administrator and that is where it's at right now. Ms. Lyons indicated that she is submitting to him, although no action can be taken on it now, but as the matter is already being worked on, she wanted to read what she typed up. The Committee is requesting that the City of Corpus Christi Legal Department provide a clear written interpretation of the eligibility of CDBG funds for sidewalk access improvements along routes traveled by persons with disabilities, especially between sidewalk curb cuts. The background is that CDBG funds is one of the few resources utilized by the City of Corpus Christi to address and fund improvements necessary to remove barriers to full community participation based on people with disabilities. After working many hours last year, a group of citizens representing people with disabilities, David Seiler and Mary Frances Teniente submitted a prioritized list of Traffic Engineering special projects to be considered under CDBG FY 2001-2002. Staff from Housing and Community Development deemed many of the ADA compliance projects partially eligible. But partially eligible labeling resulted in reduced funding for 3 projects and no funding for another 6 projects. The explanation given for partially eligible was that sidewalk projects the general rule is that any expense associated with repairing, operating or maintaining any public facilities, improvements or services are ineligible. CDBG funds are not used for maintenance. On May 8, 2001, before the City Council, when asked about sidewalk improvements for ADA accessibility and CDBG eligibility, Tom Utter stated that sidewalk improvements for ADA accessibility were "not really" and "not necessarily" eligible for CDBG funding. It is recommended that the City of Corpus Christi consider the following: The primary objective of CDBG as stated in the booklet, is to "improve and enhance the quality of life of the citizens of Corpus Christi, with the primary emphasis on the lives of low and moderate income families and individuals residing in designated areas throughout the City". Including "elimination of conditions detrimental to health, safety and public well fair", and "reduction 5 of isolated income groups within communities and promotion of diversity and vitality of neighborhoods". A group of citizens have participated and provided input identifying needs of people with disabilities. This is a population often dependent on public transportation to provide access to employment and access to full citizenship in this community. Title II of the American's with Disabilities Act of 1990 states that policies, practices and procedures of a public entity must be modified when necessary, to avoid discrimination against people with disabilities, unless to do so would fundamentally alter the nature of the service, program or activity. Five projects submitted for CDBG FY 2001-2002 have been resubmitted for consideration. Expeditious attention to this matter is greatly appreciated. Further general discussion. What they are looking for is an accessible route of travel. It would be good to have the legal opinion soon, so we can utilize it this year. OLD BUSINESS: a. Pending tabled items: 1. People First Language Training: We do need to get a schedule from Mr. Ramos. Mr. Ramos indicated that he has done preliminary training with his staff. Ms. Lyons indicated that he already has Committee members who are available to go out and do the training, she's already done it with Park and Recreation. One of the areas Ms. Saenz wanted to include in it. Mr. Broomfield, one of our staff members, is being trained on "People First" language and ADA. He is involved with diversity programs. The programs to be presented will involve diversity issues, race, also segments on "People First" language. He has already scheduled some presentations. He'll bring the schedule to the next meeting. He will be including an Orientation part and Director's portion. Ms. Hodge mentioned CBAY training made in conjunction with it last year. 2. Non-Discrimination Ordinance for persons with disabilities —tabled. The Committee is now at a point in time, where they are ready to have interested persons work on this project to form an Ad Hoc Committee, like that used for the CDBG Prioritization Project. To look at this, so several people are well versed in Austin's example of a Non- 6 Discrimination Ordinance. To maybe show reasons why we would be interested in having one here. Persons who are interested, please let Ms. Lyons know. Basically it is 504 language, but personalized a little bit and the buy in of the City to 504. We don't have anything like that. A year ago, we were told we don't need anything like that, but as we know and through the things we've seen, we realize that we do. Ms. Fallwell-Stover indicated that it would be a good thing to have. Additionally, Ms. Lyons noted that it would give the Human Relations Department some teeth. So whoever is interested please let Ms. Lyons know. It might be nice to hold the meetings on Saturdays. They would be working on development of an Action Plan. 3. Website Issues. Mr. Ramos has asked Mr. Harney to look in the matter. There were concerns about the Cable Network side. We asked Legal for more information. Mr. Harney indicated they are still in development phase on specifics. We needed an assessment of Bobby specifications. The reason for the concern, was that 508 federal agencies had to be accessible, then last year, it required all State agencies to be accessible. Any items that could be down loaded, read or submitted on-line must be accessible. There isn't anything yet for local municipalities, but shouldn't we start looking at this now. 4. ADA Transition Plan —Proposing to set up meeting with Core Group. He has received the information from all the Departments. He is looking at the information and trying to determine where there might be a need for additional information. He is trying to set up a meeting after Spring Break. He will meet with them and get their input, then provide the information to the City Manager. Then he will set up the Meetings with the general public. He has already spoken to Susan Cable. Ms. Hodge has offered assistance in how to address the issue to the public. He will include that information in the PSA video. He will send out some information into the community. That type of media blitz to get the information out. Ms. Lyons asked when he was looking to do this? Possibly the fust week in April. He just needs to get together with Ms. Cable. Ms. Lyons mentioned that if you want to reach out to the persons who need this information, you will need to allow more time than usual to reach them. Mr. Ramos indicated that they are still within the tentative timetable. April and May to do the outreach, and a tentative presentation to City Council in June. Ms. Fallwell-Stover asked for an e-mail of tentative dates, because many Committee Members participate in other organizations and they can help get the word out. Mr. Ramos said he would. Ms. Lyons indicated that she had 2 requests. Mr. Torno had some concerns about the quality of the information being collected. Could they meet with Mr. Ramos prior to meeting with Mr. Noe? Mr. Ramos will call Mr. Torno and Ms. Lyons prior to the meeting with the Core Group. Mr. Ramos mentioned one important issue was curb cuts. We need to have a master plan on that issue. The committee could assist on developing a timetable for implementation. Mr. Sosa discussed work started this morning regarding a change in the Code/Ordinance on the re-development process. General discussion ensued. Additionally, Ms. Lyons would like to attend the Core Group meeting. Mr. Ramos said that he would contact her about the meeting date, but it would be held after Spring Break. 5. PSA and Cable Program Project— already discussed. NEW BUSINESS: 1. The Governor's Committee asked permission to send mail out information to Committee members. Ms. Lyons asked if anyone didn't want e-mails or mail outs sent to them. Some members preferred receiving the information at their business address. 2. Ms Lyons saw in the Chamber of Commerce newsletter for this week, that the Consultants for the Master Plan for Park and Recreation were having a public meeting. Ms. Lyons wanted to know if it would be possible for the consultants to come and ask this Committee for feedback/input? Ms. Hodge didn't know. There would be two meetings — one is on the 13th and one is on the 14th. She'll ask. She'll see if they can schedule something. ADMINISTRATOR'S REPORT: Mr. Ramos gave a report on enforcement, for the Month of February — he reviewed Human Relations Office monthly statistics. We will be having a Fair Housing Seminar — The City, ACI and the Housing Coalition will be hosting it. We will send out brochures on it. It will be held on April 17th. We have invited the Secretary of HUD to be Keynote Speaker. We do not s know at this time if he will be able to attend. Last year we paid for the persons on the Committee who would like to attend. We will do the same again this year. It includes the Conference and Luncheon. We are trying to have persons who work in this area attend. Please let our office know if you would like to attend. COMMITTEE CONCERNS/ITEMS FOR NEXT AGENDA: The City's and Citizen's Complaint Process Presentation by the City Manager and Mr. Ramos. Request for a Presentation by Angel Escobar regarding Santa Fe / Alameda ADA improvements with the Architects or Engineers. Tape viewing—Mr. Ramos will coordinate with Ms. Padilla. CDBG Legal Opinion by Mr. Harney. (Mr. Ramos will e-mail it to the Committee Members.) Follow-up on CDBG — March 20th at approx. 5:30 p.m. Planning Commission's Public Hearing on CDBG. Can give public comment at that meeting. If anyone can attend that would be great. Questions raised regarding re-allocation of unused funds. Looking into meeting or process and timelines. Non-Discrimination Ordinance. Set a time to meet. Mr. Flores will e-mail interested persons. Mr. Ramos indicated that they could meet at the Human Relations Department for the meeting. Ms. Lyons indicated she would provide a copy of some initial information. Ms. Lyons asked for an overview of Austin's Ordinance for the entire Committee at the next meeting, prior to holding the Ad Hoc Committee meeting. The Human Relations Commission will back the Committee on this project. Discussion about where the Committee meets. Ordinance information - hyperlink? Ms. Shultz can prepare the information for the Committee. Call Ms. Lyons and she'll provide information to Ms. Shultz 9 Adjournment Ms. Padilla made a motion to adjourn, which was seconded by Ms. Fallwell- Stover. A vote was taken and passed. The meeting adjourned at apprpximately 5:32 p.m. � ,! 5/o</Oa ry al Lyons, airperson Date Minutes Approved io