September 20, 2005
SUBJECT: Clarification of Council Direction for Advisory Committee on Accessibility
REPORT IN BRIEF
Staff is implementing Council direction from December 2004 regarding the approval of an advisory committee to staff on accessibility issues, including developing committee bylaws and staff selection of committee members. Through this process it has come to staff’s attention that Council’s direction from the report and meeting minutes is subject to possible misinterpretation. Therefore, staff is returning to Council to clarify that Council had authorized staff to establish and select the new advisory committee (vs. Council-created committees such as traditional City boards and commissions).
BACKGROUND
At the December 7, 2004 City Council meeting, staff presented Report to Council (RTC) #04-421, Study to Consider the Creation of a Board on Accessibility for People with Disabilities that Would Advise the City on Accessibility Issues. The report examined the City’s existing policies relating to accessibility requirements and provided alternatives for the creation of a new board, commission, or staff advisory committee. Council direction addressing that report was, “Approve the creation of an advisory committee that meets four times per year and would be advisory to staff.” Staff is currently in the process of developing committee bylaws and selecting committee members. To ensure what staff believes was Council’s intent, staff is returning to Council to clarify that Council had authorized staff to establish and select the new committee (vs. Council-created committees such as traditional City boards and commissions).
EXISTING POLICY
Socio-Economic Sub-Element:
Policy 5.1A.2: Strive to assure that all residents have equal access to City services.
Policy 5.1H.9: Encourage programs and services that address the special needs of the disabled population and assure that disabled individuals have access to services.
Existing Boards, Commissions, and Committees: Sunnyvale currently has ten boards and commissions with members appointed by the City Council. These commissions are advisory to Council in nature, with limited formal administrative authority and are not responsible for the coordination of City services. The City also has several advisory committees to staff, which work directly with City staff to review department policies and programs. These committees do not hold public hearings and do not advise the City Council.
DISCUSSION
At the December 2004 meeting, Council approved the following option presented in the report (excepted form RTC #04-421):
Advisory Committee to Staff
A second option would be the formation of a committee, which meets on a quarterly or semi-annual basis, and is advisory only to staff. Under this option, the committee would review and make advisory recommendations on City policies and programs related to accessibility. The group would be comprised of members with disabilities and professionals from private industry who are identified by staff. Recommendations to modify administrative procedures (i.e. specific upgrades to informational materials, etc.) could be implemented by staff, provided they are consistent with current policy and within a program’s operating budget. The committee would not hold public hearings and would meet with staff from several departments on a quarterly or semi-annual basis. Similar to the other committees currently in Sunnyvale (e.g. Teen Advisory Committee, Senior Advisory Committee, Columbia Community Center Advisory Committee, etc.) the committee would not recommend study issues to the Council, but would propose ideas to staff who could then recommend the idea as a study issue.
Additionally, minutes from the meeting indicate that Council also directed that committee meeting minutes be forwarded to Council, that the committee include City-wide issues in its reviews, and that staff return to Council with a report on committee activities in December 2005.
Current Status of Committee Development
Staff is in the process of completing the development of the committee’s bylaws, and beginning the applicant selection process. Recruitment began in July and concluded in early September. Publicity included a news release, KSUN slide, direct U.S. Post mailing, an article in the summer issue of the Quarterly Report, and e-mail notifications. The deadline for applications was September 9, and twelve applications have been received. The first meeting is tentatively planned for late October or early November.
Consistent with the December 2004 RTC, the draft bylaws state that the committee will address accessibility issues covered under the Americans with Disabilities Act, reviewing and making advisory recommendations to staff on City policies and programs related to accessibility. The draft bylaws also indicate that the first year of the committee’s operations will be considered a pilot, and that it will be formally evaluated at the end of one year of operations.
FISCAL IMPACT
There is no fiscal impact to the staff recommendation identified in this report.
Conclusion
In December 2004 Council directed the creation of an Advisory Committee on Accessibility, Advisory to Staff. Staff is returning to Council prior to finalizing the bylaws of the committee to confirm Council direction to authorize staff to establish and select this committee, consistent with the City’s other staff advisory committees.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office.
ALTERNATIVES
1. Council confirms that its intent was to authorize staff to establish and select the Advisory Committee on Accessibility.
2. Other clarity or direction as presented by Council.
RECOMMENDATION
1. Council confirms that its intent was to authorize staff to establish and select the Advisory Committee on Accessibility.
This recommendation is consistent with the City’s current policy and practices regarding staff advisory committees.
Reviewed by:
Robert Walker, Assistant City Manager
Prepared by: Coryn Campbell, Manager
Neighborhood and Community Resources
Approved:
Amy Chan
City Manager
No Attachments