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Avalon, California
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October 17, 2014     The Catalina Islander
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October 17, 2014
 

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ORDINANCE NO. 1132-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON AMENDING AVALON MUNICIPAL CODE SECTION 1-8.01 THRU 1-8.07 REGARDING REASONABLE ACCOMODATIONS The City Council of the City of Avalon does hereby ordain as follows: SECTION 1 PURPOSE The purpose of this ordinance is to amend and update Section 1-8.01 thru 1-8.07 of the Avalon Municipal Code (the =Code") concerning reasonable accommodations. SECTION 2 FINDINGS The City Council hereby finds and determines as follows: A. The Fair Housing Act and the Americans with Disabilities Act requires that cities provide reasonable accommodations to rules, policies, practices, and procedures where such accommodations may be necessary to afford individuals with disabilities equal housing opportunities. B. The Avalon Housing Element identified this as an Implementation Policy. C. The proposed amendments to Section 1-8.01 thru 1-8.07 will complete implementation of the Housing Element Program regarding reasonable accommodations. D. The proposed amendments to Section 1-8.01 thru 1-8.07 are consistent with the goals and policies in the General Plan in that the amendments will further bring the Municipal Code into compliance with the Fair Housing Act and the Americans with Disabilities Act. E. This change was included in the EIR prepared for the adopted General Plan and thus is exempt from further CEQA review pursuant to State CEOA Guidelines Section 15061(b)3. SECTION 3 AMENDMENT TO CODE Section 108.01 thru 108.07 are hereby amended to read as shown in Exhibit A. SECTION 4 SCOPE Except as set forth in this ordinance, all other provisions of the Avalon Municipal Code shall remain full force and effect. SECTION 5 SEVERABILITY If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6 EFFECTIVE DATE This ordinance will become effective thirty (30) days from and after its passage and adoption. The foregoing ordinance was passed and adopted by the City Council of the City of Avalon this 7th day of October, 2014, by the following vote to wit: Ayes: Mayor Marshall, Councilmembers Olsen, Cassidy Hernandez and Sampson Noes: None Abstain: None Absent: None Ann H. Marshall, Mayor ATTEST: Denise A. Radde, City Clerk EXHIBIT 'A' include: (a) Qualified interpreters, note takers, tianscdption Sec. 1-8.01 Intent. services, written materials, assistive listening The purpose of the City of Avalon's ("City's") systems, and other effective methods for making Amed .c.ans with Disabilities Act of 1990 ("ADA") aurally delivered materials available to individuals Reasonable Modification Policy is to ensure with headng impairments, disabled persons have equal and effective (b) Qualified readers, taped texts, audio access to City programs and services, and that recordings, Braille materials, large print materials, reasonable and long-term modifications to or other effective methods for making visually City employment, building, and zoning rules, delivered materials available to individuals with regulations, practices, and standards may be visual impairments, made for disabled persons in full compliance with (c) Acquisition or modification of equipment or the provisions of T le II of the ADA and all other devices, and applicable State and Federal laws. (d) Other similar services and actions. (1, Ord. 1106-11, eft. March 31,2011) "Disability" As defined by the ADA at 42 U.S.C. 12102 and with respect to an individual shall Sec. 1-8.02 Policy Statement. mean (a) a physical or mental impairment that substantially limits one or more of the major life The City is committed to providing equal activities of such individual, (b) a record of such access and opportunity toqualified individuals impairment, or (c) being regarded as having such with disabilities in all City programs, services, an impairment. employment policies, and building and zoning "Qualified individual with a disability" shall rules, regulations, practices, and standards. The mean an individual with a disability who, with City recognizes that in order to have equally or without reasonable modifications to rules, effective opportunities and benefits, individuals policies, or practices, the removal of architectural, with disabilities may need reasonable and long- communication, or transportation barriers, or the term modifications to City policies and procedures, provision of auxiliary aids and services, meets the The City will adhere to all applicable Federal essential eligibility requirements for the receipt of and State laws, regulations and guidelines with services, the participation in programs or activities respect to providing reasonable modifications, provided by the City, or is subject to the laws, as necessary, to afford disabled persons equal rules and regulations of the City. access to City programs and serviceS, and to "Reasonable modification" shall mean modify City employment, building, and zoning modifications or adjustments to a program, rules, regulations, practices, and standards service, legal requirements and statutes or activity when necessary. Questions regarding reasonable that will enable equal access, to the maximum modification and/or discrimination on the basis extent possible, for qualified individuals with a of disability should be directed to the City's ADA disability. Coordinator. A notification of this policy shall be "Technically infeasible" With respect to an on display at City Hall/Planning Department to alteration of a building or a facility, technically alert people that this policy exists and that a copy infeasible is something that has little likelihood of of this policy will be made available by the City being accomplished because existing structural upon request, conditions would require removing or altering a The City shall make reasonable modifications load-bearing member that is an essential part of in policies, practices, or procedures when the structural frame; or because other existing the modifications are necessary to avoid physical or site constraints prohibit modification discrimination on the basis of disability, unless or addition of elements, spaces, or featui'es that the City can demonstrate that making the are in full and strict compliance with the minimum modifications would fundamentally alter the requirements. nature of the service, program, activity, regulation "Undue burden" shall mean significant difficulty or policy being modified, or result in an undue or expense, in determining whether an action financial or administrative burden, would result in an undue burden, the City shall The City shall take appropriate steps to ensure consider all City resources available to the that communication with applicants, participants, program or component for which the product is and members of the public with disabilities are being developed, procured, maintained, or used or as effective as communications with others, entitlements, approvals or permits sought. To this end, the City shall furnish upon request (1, Oral. 1106-11, eft. March 31,2011) appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the City. In determining what type of auxiliary aid or service is necessary, the City shall give primary consideration to the requests of the individual with a disability. The City recognizes that providing services in an integrated se .tting through architectural barrier removal is the most desirable method to provide equally effective opportunities and benefits for many individuals with disabilities. The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, activity or regulations, or any action that would result in undue financial or administrative burdens. Any determination that a modification in its policies or procedures to provide an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity for individuals with disabilities would fundamentally alter the service, program, or activity or unduly burden the City shall be made by the City ADA Coordinator after consulting with the City Attorney and after considering all resources available for use in funding and operating the program, service, or activity. The decision shall be accompanied by a written statement of the reasons for reaching that determination. When barrier removal is "technically infeasible" or when reasonable modification would result in "undue financial or administrative burden" or "fundamental alteration in the nature of a service, program, or activity," the procedures in this policy will help ensure that the City adheres to the requirements of the ADA regulations and guidelines with respect to burden and infeasibility. (1, Oral. 1106-11, eft. March 31,2011) Sec. 1-8.03 Definitions. "Auxiliary aids and services" shall mean and communications accessible to people who have speech, hearing, or vision impairments. Requests for aids or services for effective communication should be directed to the ADA Coordinator, with as much advance notice as practicable. (e) In the provision of auxiliary aids or services, including modifications in policies, practices, or procedures, the City will not place surcharges on individuals with disabilities to cover the costs involved in making programs, services or activities accessible. (f) City facilities are either fully structurally accessible to individuals with disabilities or will be made fully accessible. Should any facility not be fully accessible, all services normally provided to the public at that location will be provided at a fully accessible location upon request. (g) In cases of emergency services, which are unplanned and may require complex and important communication, interpretation services consistent with the requirements of the ADA will be arranged to the extent practicable. (h) If the reasonable accommodation involves deviation from the City's vehicle standards, the request shall be heard by the Vehicle Hearing Officer or his or her designee, subject tO aft applicable regulations for notice, determination and appeal. (i)lf the reasonable accommodation involves deviation from the City's building standards or zoning regulations, the request shall be heard by the Planning Commissioner or his or her designee, subject to all applicable regulations for notice, determination and appeal. (j) The City's ADA Coordinator shall coordinate the City's efforts to comply with and carry out its responsibilities under 13tie II of the ADA and applicable State law, including investigation of any complaint communicated to the City alleging its noncompliance or alleging any actions that are prohibited under the ADA. The City shall make available to all interested individuals the name, office address, telephone number, and email of the ADA Coordinator and shall provide for procedures for the prompt and equitable resolution of complaints alleging any action that is prohibited under the ADA. Complaints that a program, service, or activity of the City is not accessible to persons with disabilities should be directed to the ADA CoordinatOr ..... (1, Oral, 1106-11, eft. March 31,2011) Sec. 1-8.05 Application for Accommodation, (a) A disabled person, or his or her representative, who desires to request an accommodation may Sec. 1-8.04 Policies and Procedures. do so by filing an application with City's ADA Coordinator. Requests for auxiliary aids and (a) The City will make all reasonable modifications services may be made up to forty-eight (48) hours to policies and programs toensure that people before the event needing accommodation; other with disabilities have an equal opportunity to requests should provide at least thirty (30) days' enjoy all of its programs, services, and activities, notice. and will permit exceptions to stated local zoning, (b) If an individual needs assistance in making vehicle, parking, building, and employment the request for accommodation or reducing standards, requirements, and practices when such request to writing, the ADA Coordinator will necessary and reasonable to ensure equal endeavor to provide the assistance necessary opportunity, toensure that the process is accessible to the (b) Any disabled person, his or her representative, applicant or representative. or any developer or provider of housing for one (c) The application shall require the following: or more people with a disability may request (1) The applicant's name, address, and telephone an accommodation from any of the City's rules, number; policies, practices, and/or procedures when such (2) If not the applicant, the identity of the disabled accommodation is reasonable and necessary tO person(s), and the applicant's relation to the afford such persons equal opportunity and access disabled person; as citizens who are not disabled. (3) Identification and description of the (c) Anyone who requires an auxiliary aid disability which is the basis for the request or service for effective communication, or for accommodation, including a description a modification of policies or procedures to of the effect the disability has on the disabled participate in a program, service, or activity of individual's medical, physical, or mental the City, should contact the ADA Coordinator, as limitations. At the discretion of the ADA soon as possible but no later than forty-eight Coordinator, physician or other similar verification (48) hours before the scheduled event. Please of the disability may be required. For any include the name, location and date of the service information marked as confidential by the or program, and your contact information. While applicant, the City will keep such information requests for auxiliary aids or services can usually confidential and not disclose such information, be accommodated with limited notice, please be unless required by law, subpoena, or similar legal advised that other requests for accommodation, process; including but not limited to requests for exceptions (4) The rule, regulation, policy, practice, or to local zoning and buildings standards, procedure of the City for which the request for regulations, and practices will require the accommodation is being made; completion of a request for accommodation (5) If applicable the specific event of the City for application, which the request for accommodation is being (d) The City will generally, upon request, provide made; appropriate aids and services leading to effective (6) The type of accommodation being sought and communication for qualified persons with an explanation as to why it is necessary. When disabilities so they can participate equally in the appropriate, this shall include a summary of any City's programs, services, and activities, including potential alternative means of accommodation; qualified sign language interpreters, documents in (7) Where applicable, copies of correspondence, Braille, and other ways of making information and pictures, plans, or other appropriate background 12 ', Friday, October 17, 2014 THE CATALINA ISLANDER