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
