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HomeMy WebLinkAbout6.4 Revenue Sharing Handicap Regulations CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 8, 1984 SUBJECT Revenue Sharing Handicap Regulations EXHIBITS ATTACHED Resolution Adopting City of Dublin Revenue Sharing Section 504 Self-Evaluation and Associated Documents RECOMMENDATION Adopt RF�solution FINANCIAL STATEMENT: The adoption of this document will allow the City to continue to receive Revenue Sharing funds which are estimated at $207 , 400 for the 1984-85 Fiscal Year DESCRIPTION The City of Dublin currently .receives Revenue Sharing funds from the Federal Government . In 1984-85 it is estimated that these funds will total $207 , 400 . A ruling by the Office of Revenue Sharing subsequent to a lawsuit requires entities receiving Revenue Sharing funds to implEment Section 504 of the Rehabilitation Act of 1983 . This regulation requires that the City evaluate its programs and activities to determine that the City does not discriminate on the basis of handicap status . Staff has conducted an evaluation and initiated non-structural policy changes to provide notice of the City' s procedures . This evaluation is incorporated as a part of the attached resolution . A specific requirement also states that the City must establish a grievance procedure to address complaints related to this regulation. The procedure developed allows for due process of any complaints of this nature. The final element of the review involves the development of a transition plan . This is required to address physical improvements necessary to provide handicap access . The regulations require that any physical improvements required be completed by October 17 , 1986 . The plan indicates that when the City ' s programs and activities are viewed in their entirety, they are usable and accessible by handicapped individuals . The transition plan, however , addresses improvements which will further facilitate handicap access to facilities in the community. The majority of the improvements which have not been previously considered in the budget process involve alterations to the Shannon Community Center . Due to the fact that this facility is owned by the Dublin San Ramon Services the plan will require that the City work with the owner to upgrade specific features . It is recommended that the City Council adopt the attached resolution which will complete the self-evaluation process required by the Office of Revenue Sharing . ---------------------------------------------------------------------------- COPIES T0: ITEM N0. , RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ('F DUBLIN -------------------------------------- ADOPTING THE CITY OF DUBLIN REVENUE SHARING SECTION 504 SELF-EVALUATION AND ASSOCIATED DOCUMENTS WHEREAS, the Office of Revenue Sharing, Department of the Treasury has issued guidelines for recipients of Revenue Sharing funds ; and WHEREAS, Section 504 of the Rehabilitation Act of 1983 is now incorporated in the Revenue Sharing Act ; and WHEREAS, this section prohibits discrimination on the basis of handicap status in programs of federal assistance; and WHEREAS, the Revenue Sharing guidelines require a self- evaluation of City operations, development of a grievance procedure, and identification of a transition plan for physical improvements . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the attached document titled CITY OF DUBLIN, REVENUE SHARING SECTION 504 SELF-EVALUA?:ION AND ASSOCIATED DOCUMENTS . PASSED, APPROVED AND ADOPTED this 8th day of October , 1984 . AYES ; NOES : ABSENT: Mayor ATTEST : City Clerk CITY OF DUBLIN REVENUE SHARING SECTION 504 SELF-EVALUATION AND ASSOCIATED DOCUMENTS DESCRIPTION OF CITY OPERATIONS The City of Dublin operates as a Contract City with private and public agencies providing many services under contract with the City. The City provides the following services: Police Services , Building and Safety, Planning, Engineering, Public Works , Recreation, and General Administration. SELF EVALUATION OF OPERATIONS City Staff has conducted an evaluation of programs and services rendered to the citizens of Dublin . All City Departments were asked to provide input in order to identify potential problems . City Employees and Contractors were also made aware of the regulations . The results of the evaluation indicate that when the City' s programs and activities are viewed in their entirety, they are accessible and usable by handicapped individuals . SUPPLEMENTAL REPORTS Pursuant to the regulations, the City of Dublin Building Official has conducted a review of buildings utilized by the City in the performance of its duties . Any physical alterations required are addressed in the Transition Plan. In addition, the City Engineer has reviewed public improvements conducted at City expense, which will improve accessibility. Future improvements are identified in the Transition Plan. POLICIES AND PRACTICES The City ' s personnel rule II , Section I proclaims that the City does not discriminate in employment practices on the basis of handicapped status . In addition, all job announcements provide notificat'ion to applicants . The brochure providing a listing of Recreation programs also provides notice to the general public relating to non-discrimi- nation in admission or access to its programs and activities . GRIEVANCE PROCEDURE Pursuant to the guidelines , the City has established a grievance procedure which is attached hereto and shall be considered a part of this report . This procedure will assist the City in its effort to provide accessibility when all programs and services are viewed in their entirety. GRIEVANCE PROCEDURE FOR COMPLAINTS ALLEGING ACTION( s ) PROHIBITED BY SECTION 504 of REHABILITATION ACT OF 1983 Pursuant to Office of Revenue Sharing guidelines, the following procedures shall be followed when there is a complaint alleging discrimination on the basis of handicapped status . A . MATTERS SUBJECT TO GRIEVANCE PROCEDURE 1 . A "grievance" is a formal, - written allegation that he/she has been adversely affected by an existing violation, misinterpretation, or misapplication of specific provisions of Section 504 of the Rehabilitation Act of 1983 . B . GRIEVANCE PROCEDURE 1 . Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the individual submitting the grievance and the City employee first notified of the problem. It is the spirit and intent of this procedure that all grievances are settled in a fair manner . 2 . If the problem cannot be resolved by the first City representative contacted, or the grievant does not agree with the proposed resolution, a formal grievance may be filed with the City Manager . A formal grievance form shall be completed and include the following : (a ) Name of grievant . (b) Address of grievant . ( c) Phone number of grievant . ( d) A clear statement of the nature of the grievant . ( e) The date upon which the grievance occurred. ( f ) His/her proposed solution to the grievance. ( g) The date of execution of the grievance form. (h ) The signature of the grievant . ( i ) The name of the organization, if any, representing . the grievant followed by the signature of the organization ' s representative. 3 . The City Manager shall review the grievance and respond to the grievant within ten ( 10 ) working days in writing . The response will include an explanation of the alternatives available, should he/she choose to proceed further . A response shall be considered given if it is placed in the U. S . Mail postage paid within the above mentioned time frame. If the decision of the City Manager requires an unbudgeted expenditure; it must be ratified by the City Council . 4 . Should an individual be dissatisfied with the decision of the City Manager , the individual may have the City Council consider his/her appeal . This shall be conducted pursuant with Section C: Appeal Procedures of this Policy. An appeal must be filed in writing with the City Clerk ' s Office not more than five days after receipt of the City Manager ' s decision. 5 . A decision of the City Council shall be final and binding on the City and the grievant . 6 . ( i ) The City Manager ' s Office shall act as a central depository for all grievance records . ( ii ) Any time limit may be extended by mutual agreement in writing. ( iii ) Any decision or finding involving an unbudgeted expenditure must be submitted to the City Council for ratification before that decision can become final and binding . C. APPEAL PROCEDURES 1 . If, within the five day appeal period, the individual involved does not file said appeal, the action of the City shall be considered conclusive and shall take effect as prescribed, unless good cause for failure is shown. 2 . A time for an appeal hearing shall be established which shall not be less than ten ( 10 ) working days , nor more than sixty ( 60 ) working days from the date of the filing of the appeal . All interested parties shall be notified in writing of the date, time, and place of the hearing at least five (5 ) working days prior to the hearing. 3 . The hearing need not be conducted in accordance with technical rules. relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determinations of the truth. 4 . Within ten ( 10 ) working days of the final hearing conducted by the City Council, a decision shall be rendered. The decision of the City Council shall be final and binding . CITY OF DUBLIN TRANSITION PLAN As provided by the Revenue Sharing regulations regarding Non-Discrimination on the Basis of Handicap, the City has conducted a review and noted the nEted for improvements to further facilitate handicap access to facilities in the comunity. The following is a Transition Plan which shall be used to meet these needs as provided for in the regulations . PUBLIC IMPROVEMENTS The City Council has includes: in the 1984-85 budget, a project which provides for the construction of curb ramps at key intersections where they are nct now provided. The cost of this project is estimated at $30 ,000 . In addition, pursuant to applicable laws , when new construction occurs, curb ramps are provided. This project will address current deficiencies . The City is also providing tree trimming and sidewalk repair in areas where travel on the public right-of-way may be impeded. Th:.s will improve the ability of handicapped residents to utilize City sidewalks . The City also has a contract with a private maintenance contractor to conduct inspections and identify deficiencies . The company has been advised of the need to identify problem areas and to address their correction. BUILDING IMPROVEMENTS The Building Official has inspected City Offices and Shannon Center . In order to further the ability to access Shannon Center , some improvements are necessary. Since this building is owned by the Dublin San Ramon Services District , the transition plan will require that the City work with the owner of the facility to upgrade specific features . The areas which need tc be (,valuated are the following : lower lee; asphalt pathway needs repair , install a curb ramp at the front parking lot, evaluate size of restroom facilities and placement of fixtures, lower drinking fountain and public telephone, and examine slope of pathway from front parking lot . CONCLUSION The transition plan identifies specific areas where the City will continue to work to assure non-discrimination on a handicapped basis . However , prior to the construction of these improvements, when the City ' s programs and activities are viewed in their entirety, they are usable and accessible by handicapped individuals .