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HomeMy WebLinkAboutMINUTES - 06231998 - C143 C. 143 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adapted this Order on June 23. 1998 by the following votes AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: GRAND JURY REPORT NO. 9809 IT IS BY THE BOARD ORDERED that the 2997-98 Contra Costa Grand Jury Report No. 9807, "Americans With Disabilities Acta is REFERRED to the County Administrator. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED* Mune 23. 1998 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator f= BY =, I txte, Deputy cc: CAO i Grand Jury � ' 1020 Ward Street C'144 Grand ���y Contra Martinez,California 94553 Costa County RECEIV En JUN 10 1999 June 10, 1998 t-iK 80AR0 'SUKAVIS1 AS -22M CWA CO. Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 ATTN: Supervisor Rogers, Chairman Enclosed is a copy of Report #9809, "Americans with Disabilities Act," prepared by the 1997-98 Contra Costa County Grand Jury, for your information prior to its public release. In accordance with California Penal Code Section 933.05, this report is being provided to you at least two working days before it is released publicly. Please be reminded that Section 933.050 specifies that no officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to its public release. Response to the report is to be in accordance with Penal Code Section 933.05(a), (b), and (c). Please note that response requirements have been revised for 1998. The report will be disseminated to the public on June 16, 1998 Sincerely, JOHN HUNT, Foreman Contra Costa County Grand Jury cc: Supervisors Uilkema, Cancian-0a, DeSaulnier, Gerber County Administrator A REPORT BY THE 1997-98 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, California 94553 Report No. 9809 AMERICANS WITH DISABILITIES ACT Contra Costa County Not Complying APPROVED BY THE GRAND JURY: Date:_ j%; JOHN M. ACCEPTED FOR FILING: GRAND JURY FOREMAN Date: tif 10((;y *JLLJTD60VF DE POEL HE SUPERIOR COURT GRAND JURY REPORT NO.9809 AMERICANS WITH DISABILITIES ACT CONTRA COSTA COUNTY NOT COMPLYING BACMMOUNDi The Americans with Disabilities Act(ADA)was signed into law July 26, 1990. The ADA prohibits discrimination on the basis of disability and requires access by the disabled to public buildings. It contains requirements for new construction, for alterations or renovations to buildings and facilities,and for improving access to existing facilities that provide employment and services to the public. The ADA gives the U.S. Department of Justice(DOJ)authority to issue regulations and to provide technical assistance and enforcement of the ADA. However,the ADA did not provide funding. The Contra Costa County Grand Jury's investigation into the County's compliance with the ADA was focused on accessibility to County buildings and the facilities therein. FININGS 1. In compliance with the ADA requirements the county completed a comprehensive survey of County buildings and identified areas requiring compliance. 2. The County General Services Department,based on the survey, initiated a plan to correct the noted non-compliances. Priorties were established for buildings having the highest usage. Yearly progress reports are submitted to the County Administration Department as required. 3. Satisfying one requirement of the Act, all new construction of County buildings completed after January 26, 1992 is in compliance. In addition,most pre-1992 County buildings that have undergone major remodeling are in compliance. 4. Although the Act required full compliance by January 26, 1995,the majority of the pre-1992 buildings,that have not undergone major remodeling,are still not in compliance. 5: Yearly progress reports indicate that only 34%of Phase 1(highest priority)were completed by September 1997,and only 19%of Phases 2 and 3 were completed. 9809-1 6. Examples of some high usage County buildings located in central Martinez that are still non-compliant include, County Administration Building, 651 Pine Street Health Building, 1111 Ward Street Bray Building(Superior Court), 1020 Ward Street County Assessor's Building, 834 Court Street County Finance Building, 625 Court Street County Court Building, 725 Court Street 7. As a result of non-compliance,the County is exposed to costly lawsuits by citizens and employees with disabilities. CQN ISI * 1.The County is not in compliance with the ADA. 2. The County has not provided funds to implement the ADA.requirements. REMMMENDA The Contra Crista County Grand Jury recommends the Board of Supervisors, in a timely manner, adopt and fund a policy that is more sensitive to the needs of their citizens and the requirements of the ADA. 9809.2 Section 933.(C) & 933.05 California Government Cod Sectign 933. Comments and Repgrts on Section 933.05 Response to Grand Jury Grand Jury RecoLnmenda#ipns Recommendgtigns- ontent (C) No later than 90 days after the Requirements• Personal A,..ppearonce by grand jury submits a final report on the Responding_Party: Grand JLjry Report to operation of any public agency subject to Affected Agency. its reviewing authority, the governing (a) For purposes of subdivision (c) of body of the public agency shall comment Section 933, as to each grand jury finding, to the presiding judge of the superior court the responding person or entity shall on the findings and recommendations indicate one of the following; pertaining to matters under the control of (1) The respondent agrees with the finding. the governing body,and every elective (2) The respondent disagrees wholly or county officer or agency head for which partially with the finding, in which case the the grand jury has responsibility pursuant response shall specify the portion of the to Section 914.1 shall comment within 60 finding that is disputed and shall include days to the presiding judge of the superior an explanation of the reasons therefor. court,with an information copy sent to the (B) For purposes of subdivision (c) of board of supervisors, on the findings and section 933, as to each grand jury recommendations pertaining to matters recommendation,the responding person under the control of that county officer or or entity shall report on of the following agency head and any agency or actions, agencies which that officer or agency (1) The recommendation has been head supervises or controls, in the findings implemented,with a summary regarding and recommendations, All such comments the implemented action. and reports shall forthwith be submitted to (2) The recommendation has not yet been the presiding judge of the superior court implemented, but will be implemented in who impaneled the grand jury. A copy of the future,with a timeframe for all responses to grand jury reports shall be implementation. placed on file with the clerk of the public (3) The recommendation requires further agency and the office of the county clerk, analysis, with and explanation of the or the mayor when applicable, and shall scope and parameters of an analysis or remain on file in those offices.One copy study, and a timeframe for the matter to shall be placed on file with the applicable be prepared for discussion by the officer grand jury final report by, and in the or director of the agency or department control of the currently impaneled grand being investigated or reviewed,including jury,where it shall be maintained for a the governing body of the public agency minimum of five years. Leg.H.1961 ch. when applicable.This timeframe shall not 1284, 1963 ch.674, 1974 chs.393,1396, 1977 exceed six months from the date of chs. 107, 187, 1980 ch. 543, 1981 ch. 203, publication of the grand jury report. 1982 ch. 1408 sec. 5. 1985 ch. 221 sec.], eff. (4) The recommendation will not be 7/12/85 ch 690 sec. 1, 1988 ch. l 297,1997 implemented because it is not warranted ch.443 or is not reasonable,with an explanation therefor. The foregoing are portions of Section 933, the responding party is responsible for compliance with all of the requirements.