Appeals Hearing Board Meeting

MINUTES DISABLED ACCESS APPEALS BOARD MEETING Thursday, October 29, 2015 10:00 AM FEW MEMORIAL HALL OF RECORDS, MONTEREY, CALIFORNIA Board members Present: Hawkins, Stocker, Villalpando, Stevens Absent: Castaneda Board Staff Chief of Inspection Services/Building Official John Kuehl, Communications Present: Assistant Lori Huelga, and Recording Secretary Alicia Salas CALL TO ORDER Chair Stocker called the meeting to order at 10:10 a.m. CONSENT ITEMS Approval of Minutes 1. January 29, 2015 ACTION: previously approved at June 23, 2015 DAAB meeting 2. June 23, 2015 ACTION: approved as submitted Board member Villalpando made a motion to approve. Board member Hawkins seconds the motion. PUBLIC COMMENT None. PUBLIC HEARING 3. Presentation on Digital Accessibility and the City Web Site Board Discussion Chair Stocker asked how the City is working on providing digital access of these meetings, as well as the other meetings, to the public. Ms. Huelga said it is very expensive to close caption video but the City is working on the issue. Chair Stocker said is it possible to be able to participate in the meeting live via satellite from another location Mr. Kuehl said we are limited with AMP, the city’s contracted video services agent, and to what technology they have. He went on to say that we are working on that problem but we are not there yet. Mr. Kuehl said this is a verging industry and we are not able to keep up with the technology. Board member Hawkins asked if the City is trying to upgrade their technology to match what programs are offered to disabled people.  Disabled Access Appeals Board Minutes Thursday, October 29, 2015 Ms. Huelga agreed and said that is the goal. Chair Stocker asked if the Library already has this technology. Ms. Huelga said she asked the Library if they have screen reader and their response was no because one has ever asked for one. Mr. Kuehl said the Kindles at the time did not have the ability to read so they were not acceptable. Ms. Huelga said Mr. Kuehl wants to work with her to help create policy updating City website to be ADA compliant. Mr. Kuehl asked the members of the board if they want to see an official policy made. Chair Stocker asked if the Federal Government would be leading the way on this topic. Mr. Kuehl said agreed with Chair Stocker. Chair Stocker said he thinks that is we adopt a policy it could change tomorrow because the technology is constantly changing. Mr. Kuehl asked do you want policy or do you want frequent updates instead. Board member Hawkins suggested an app for disabled parking that could be accessed through the City’s website via smart phone technology that tells the driver where the disabled parking is located. Chair Stocker said, in response to Mr. Kuehl’s question, a statement on behalf of the Disabled Access Appeals Board which states; The Disabled Access Appeals Board agrees with and supports the City of Monterey’s continuing efforts to strive towards compliance with ADA upgrades to support digital accessibility on the City Web Site. 4. Updates on Adopted Board Policies Board Discussion Mr. Kuehl gave an update on adopted policies and gave the following example. Mr. Kuehl said a process was developed as well as a form to handle requests for reasonable accommodations. That form is available on the website. He went on to say there was an issue with an owner of a store on Cannery Row where the lift did not work. Board member Hawkins asked if the City has any jurisdiction over the lift maintenance. Chair Stocker asked if the lift was put in because there was code that required it to be installed. Board member Villalpando said if the lift is nonoperational then it would be a building maintenance issue, not a City issue. 2  Disabled Access Appeals Board Minutes Thursday, October 29, 2015 Mr. Kuehl said the City is not authorized to enforce ADA on private property and the ongoing maintenance is the responsibility of the owner. Mr. Kuehl said he sent a letter to the owner. He said in the letter he asked the owner to fix the lift within 30-60 days or the letter would be forwarded to the Department of Justice. He went on to say that the store owner has since complied. Mr. Kuehl also said thank you to the board. He said because of the policies that have been adopted he has been able to enforce ADA compliance. He said he appreciates the board and what they are doing in order to help with ADA issues around the City. Board member Villalpando asked if building maintenance is working with the ADA coordinator to assure that simple things are compliant such as doorknobs, garbage cans, and soap/paper towels dispensers. Mr. Kuehl said he is working with both building maintenance and the custodial staff to assure that everything installed or placed is ADA compliant. He said he has even given them the picture guide to better illustrate what is required. Board member Villalpando asked if there is a log of ADA compliance. Mr. Kuehl said yes, he keeps a log for barrier removal and City projects. Board member Villalpando said it would good to have a log so a yearly audit can be made to see what complaints came in and how many were resolved. Mr. Kuehl also gave an update, he said in August of last year CalTrans did an audit and we are now in line for a second one. The City Manager is drafting a letter letting CalTrans know that we never heard back from them on the first audit. He said he would like to get the feedback on the audit as some of their recommendations are already in place and making a difference. 5. 2016 Work Program Board Discussion Mr. Kuehl asked the board members if they would like to formalize a work program with a Resolution such as Planning does or would they like to informally create a list of what is important for the next year. He went on to say that he wants to create policy regarding accommodations for employees as the City does not have a current policy, as well as creating a policy and procedure for arresting a disabled people. Chair Stocker said he thinks that Mr. Kuehl is the expert and the topics should come from him; and at that time the board will weigh in on those issues. Board member Hawkins asked what about ADA accommodations for employees, to which Mr. Kuehl said the City Attorney is asking us to weigh in on this topic as well. Mr. Kuehl asked the board if they met quarterly to discuss topics of concern. 3 Disabled Access Appeals Board Minutes Thursday, October 29, 2015 The board members agreed that meeting quarterly would be beneficial. Mr. Kuehl said he would work with the City Attorney’s office to come up with those meeting dates. BOARD MEMBER COMMENTS Board member Villalpando asked Mr. Kuehl the status of 406 Alvarado Street. Mr. Kuehl said the applicants came to him and wanted to come back before the board to which he let them know that they had not done enough to make it the building compliant. He said he told them to try to make the building comply with what the board said or come back with Findings as to why the building cannot be made compliant. Chair Stocker asked the other board members if they had reapplied for their positions to which the members replied that they had reapplied. ADJOURNMENT There being no further business the meeting was adjourned at 11:28 a.m. Respectfully Submitted, Approved, Alicia Salas, David Stocker, Recording Secretary DAAB Chair 4