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HomeMy WebLinkAboutR-1992-D6050 ADA / UMTA• • 605 0. RESOLUTION NO.1) A 4 A RESOLUTION approving and adopting a plan to meet Urban Mass 4;. Transportation Administration Service require- ments for complementary paratransit service consistent with the Americans With Disabilities Act of 1990. WHEREAS, the United States 'Department oiTransportation has published final regulations implementing the Americans With Disabilities Act of 1990 (ADA), which regulations include a requirement that public entities operating fixed route transportation service for the general public also provide complementary paratransit service to persons unable to use the fixed route system; and WHEREAS, the City of Yakima does operate a fixed -route transportation service for the general public and therefore is subject to the above -stated requirement; and WHEREAS, the City of Yakima Transit Division has prepared the required paratransit plan which meets the above -stated requirement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The' ADA Paratransit Plan dated January 3, 1992, and prepared by the City of Yakima Transit Division, a copy of which is attached and incorporated as a part hereof, is hereby approved and adopted for implementation by the City of Yakima Transit Division, as of the date of this resolution's enact- ment by the City of Yakima City Council. ADOPTED BY THE CITY COUNCIL this .24/ day of t?2d(zdzi--, 1992. ATTEST: City Clerk (res/trnst.sc) 7` — _(; Mayor Item Title: Submitted By: Contact Person Telephone: Business of the City Council Yakima, Washington Agenda Statement Item No. ►� For Meeting of 1/21/92 Americans with Disabilities Act Plan Jerry D. Copeland, Director of Public WorksCci William W. Schultz, Transit Manager 575-6005 Summary Explanation: Submitted for Council approval is the Americans with Disabilities Act (ADA) Plan. The 5 year plan, prepared with community assistance, outlines how the City intends to meet the transportation service needs of the disabled. While the City is in substantial compliance with the Act, there are necessary modifications to how paratransit service is being provided as well as required increases in the level of service. Some service modifications can be made rather quickly, others, as the plan indicates, will be phased in. This is shown in the milestone chart on page 11. Nevertheless, the Act states that compliance with the regulation is required as soon as possible, and, in no case, later than January 26, 1997. However, everything presented in the plan is subject to review and final approval of the State Transit Branch and Federal Transit Administration (FTA). To assure that the City is continuing its effort to meet the transportation needs of the disabled community and is moving toward the goal of full compliance, the plan is to be annually updated and submitted to the State and FTA for approval. Continued on page 2: X EXHIBITS Resolution n Ordinance Contract Notification List © Other: Page 14 APPROVED FOR SUBMITTAL: Minutes X Plan/Map Staff Recommendation: Approval ADA Plan Transit Committee Recommendation: Approval of ADA Plan Council Action; - 6 - s c Our first plan for providing ADA paratransit service must be submitted to the State by January 26,1992, and from this date forward, an adopted plan shall be required every January 26, until there is a change in the law. A change in wording is necessary to page 14 to correctly reflect the table in Appendix C and the budget forecast presented on page 15. Page 2 MEMORANDUM January 3, 1992 r TO: Dick Zais, City Manager FROM: Sharon M. Carberry, Assistant City Attorney J1,1X-77 SUBJ: Enforcement of the Americans With Disabilities Act of 1990 I have been asked to supply a listing of the possible sanctions for a violation of the Americans With Disabilities Act of 1990 (ADA). As you are aware, the Act consists of four titles. Each has separate enforcement mechanisms. These are listed below. TITLE I - EMPLOYMENT Summary of Title: Employers with 15 or more employees may not discriminate against qualified individuals with disabilities. Employers must reasonably accommodate the disabilities of quali- fied applicants or employees, unless undue hardship would result. Enforcement/Remedies: Individuals may file complaints with EEOC which may take administrative action (or delegate to the State Human Rights Commission) or file for a judicial determination. Individuals may also file a private lawsuit. The Department of Justice (Attorney General) may file suit. Remedies are the same as available under Title VII of the Civil Rights Act of 1964. The court may order the employer to hire or promote qualified individuals, reasonably accommodate their dis- abilities, and pay back wages and attorney's fees/costs (including expert witness fees). Under the Civil Rights Act of 1991, indi- viduals with disabilities are added to the group of plaintiffs who can recover compensatory and punitive damages for intentional discrimination. Such damages cannot exceed $300,000.00 in the case of a municipality with more than 500 employees. John wishes me to advise you that theoretically a state court plaintiff can sue under RCW 49.60 for an unlimited amount of compensatory dam- ages. However, ordinarily out-of-pocket losses do not approach $300,000.00 in aggregate, and emotional harm must be severe to be compensable. The new Civil Rights Act also clarified that suc- cessful plaintiffs in civil rights suits may recover fees paid to expert witnesses. In addition, it was the opinion of one attorney expressed at a ADA seminar that Title 7 remedies include front pay. Front pay refers to anticipatory wage loss for some period of time, as a means of "making whole" a rejected applicant who cannot be hired or a dismissed employee who cannot be reinstated. - 1 - (mem/dsblty.sc) TITLE II - PUBLIC SERVICES Summary of Title: State and local governments may not discrimi- nate against qualified individuals with disabilities. New con- struction and alternations to existing facilities must be accessible. Existing facilities must meet program accessibility requirements consistent with Section 504 of the Rehabilitation Act of 1973. Enforcement/Remedies: Individuals may file complaints with the Department of Transportation concerning public transportation and with other federal agencies designated by the Attorney General for matters other than public transportation. Individuals may also file a private lawsuit. Remedies are the same as available under the Rehabilitation Act of 1973: the court may order an entity to make facilities accessible, provide auxiliary aids or services, modify policies, and pay attorney's fees and costs (including expert witness fees). Feder- al funding may be suspended or terminated. TITLE III - PUBLIC ACCOMMODATIONS Summary of Title: Public accommodations may not discriminate on the basis of disability. Enforcement/Remedies: Individuals may file complaints with the Attorney General, who may bring suit. Individuals may also file a private lawsuit for injunctive relief. Courts may award money damages and impose civil penalties in a lawsuit filed by the Attorney General but not in a private lawsuit filed by individuals. The civil penalties are: $50,000.00 for the first violation and $100,000.00 for subsequent ones. In either type of suit, the court may order an entity to make facili- ties accessible, provide auxiliary aids or services, modify poli- cies, and pay litigation costs, (including expert witness fees). Any individual can recover attorneysfees as well. TITLE IV - TELECOMMUNICATION Not applicable to City operations. SMC/las - 2 - (mem/dsbIty.sc) 2307 Fruittvaie &3x!. Yakima, WA 98902 Memorandum Date: January 3, 1992 To: Mayor and Members of the City Council City Manager From: John A. Haddix, T. anner Subject Americans with Disabilities Act Plan DEPARTMENT OF 'U1L C 'ORM Equipment Rental *Division Park Maintenance Division Recreation Division Refuse Division Street Division Traffic Division Transit Division Scan Prefix 392 Submitted to you for review and comment is the Final Draft ADA Paratransit Plan prepared by Yakima Transit with assistance from the Transit Branch of the Washington State Department of Transportation. The Plan is required to be formally adopted by the City and certified by the MPO (YCOG), and the State. The State must submit the Plan to FTA (Federal Transit Administration) by April 1, 1992. A public hearing on the Plan is scheduled for Tuesday, January 21, 1992. After the public hearing the Plan must be be put in final form and submitted to the State no later than January 26, 1992. If there are questions about the Act or the Plan, please feel free to contact me. 575-6005 575-6020 575-6020 575-6005 575-6005 575-60'35 .575-6005 . 278-v***