Resolution No. 6214
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RESOLUTION NO. 6214
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A GRIEVANCE PROCEDURE FOR
RESOLVING ANY COMPLAINTS ALLEGING VIOLATIONS OF
THE AMERICANS WITH DISABILITIES ACT
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WHEREAS, the Congress of the United States of America has
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enacted the Americans with Disabilities Act ("ADA"); and
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WHEREAS, Title II of the ADA states that a goal of the
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legislation is to ensure that no "otherwise qualified disabled
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individual," by reason of that person's disability, is excluded from
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participation in, denied the benefits of, or subjected to
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discrimination in programs or activities sponsored by public
entities; and
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WHEREAS, Title II of the ADA requires public entities like
the City of Vernon ("City") to adopt an internal policy for
resolving any complaints alleging actions prohibited by Title II;
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and
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WHEREAS, the City Council of the city of Vernon desires to
adopt such a policy to protect otherwise qualified disabled
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individuals.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Grievance Procedure, a copy of which has been presented
to the City Council concurrently with this resolution, and the City
Council hereby orders said Grievance Procedure to be received and
filed by the city Clerk.
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SECTION 3:
The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 16th day of February, 1993.
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ATTEST:
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BRUCE V.
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MA ENHORST, city Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6214, was duly adopted by the city council of the City of Vernon
6 at a regular meeting of the City Council duly held on Tuesday,
7 February 16, 1993, and thereafter was duly signed by the Mayor of
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the City of Vernon.
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BftUCE V. MALKENHORST, City Clerk
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February 17, 1993
To:
Joan Francone, Risk Manager
From:
Gloria J. Orosco, Chief Deputy
City Cle~
Re: GRIEVANCE PROCEDURE - ADA
Dear Joan:
At the regular City Council Meeting held February 16, 1993, the
Council unanimously approved the adoption of a Grievance Procedure
for alleged violations of the Americans with Disabilities Act
and Resolution No. 6214.
Attached hereto for your future reference are copies of both
documents.
GJOjhr
Attachments
cc: Bruce V. Malkenhorst
>";,J'-..JI 44/73 ~ ~ 4(.':VI
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A GRIEVANCE PROCEDURE FOR RESOLVING ANY COMPLAINTS ALLEGING
VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT
The City of Vernon has adopted an internal grievance procedure
providing for the prompt and equitable resolution of complaints
alleging any action prohibited by Title II of the Americans with
Disabilities Act (ADA). Title II states, in part, that "no otherwise
qualified disabled individual shall, solely by reason of such
disability, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination in programs or
activities sponsored by a public entity."
The term "disability" means, with respect to an individual --
(A) A physical or mental impairment that substantially limits
one or more of the major life activities of such individual;
(B) A record of such an impairment; or
(C) Being regarded as having such an impairment.
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If an individual meets anyone of these three tests, he or she
is considered to be an individual with a disability for purposes of
coverage under the ADA.
Any complaint regarding a violations of the ADA should be
addressed to the city Administrator (4305 Santa Fe Avenue, Vernon, CA
90058), who has been designated to coordinate ADA compliance efforts.
1. A complaint must be filed in writinq. Any complaint should
contain the name and address of the person filing it, and
brief~y describe the alleged violation of the regulations.
2. A complaint must be filed within 180 days after the complainant
becomes aware of the alleged violation.
3. An investigation, appropriate to the nature of the complaint,
shall follow the filing of a complaint. The investigation shall
be conducted by the Risk Manager.
4. A written determination as to the validity of the complaint and
a description of the resolution, if any, shall be issued by the
City Administrator and a copy forwarded to the complainant not
later than 45 days after its filing.
5. The city Administrator shall maintain the files and records of
the City of Vernon relating to the complaints filed.
6. The complainant may request a reconsideration of the written
determination in instances where he or she is dissatisfied with
the resolution. The request for reconsideration should be made
to the City Administrator within 30 days after the date that the
initial written determination is mailed or otherwise delivered
to the complainant.
Use of this grievance procedure is a prerequisite to the pursuit
of any remedies under California law.
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TO:
FROM:
BRUCE V. MALKENHORST, CITY ADMINISTRATOR
JOAN FRANCONE, RISK MANAGER ~
FEBRUARY 10, 1993 O'
DATE:
SUBJECT:
GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH
DISABILITIES ACT
The Americans With Disabilities Act of 1990 was signed into law on
July 26, 1990. The Act consists of f~ve (5) titles. Title II _
Public Services, went into effect on January 26, 1992. Title II
consists of two subtitles. Subtitle A addresses Prohibition
Against Discrimination And Generally Applicable provisions and are
generally applicable to the City of Vernon.
The United States Department of Justice, one of the many Federal
agencies charged with enforcing Title II, Subtitle A, published
detailed regulations setting forth employer's specific obligations
under Title II, Subtitle A. It is these regulations which require
the designation of a responsible employee and the adoption of a
grievance procedure.
Please find attached recommended grievance procedure. This
procedure has been reviewed by the City Attorney's office and has
been approved for adoption by the City of Vernon City Council.
JFlac
Attached
cc: City Attorney
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DA VID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
LARRY SP ADT
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer 10:
CITY COUNCIL
LEON IS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
February 11, 1993
City Council
City of Vernon
Honorable Members:
The Americans With Disabilities Act was signed into law in 1990 and
went into effect January 26, 1992. The Department of Justice
published detailed regulations setting forth employer's specific
obligations under Title II, Subtitle A, and these regulations require
the designation of a responsible employee and adoption of a grievance
procedure for resolving any complaints which allege violations of the
Act. This has been reviewed by the Risk Manager and the City Attorney,
and it is hereby recommended that said Grievance Procedure be adopted,
and the City Administrator be designated the responsibility for ADA
compliance.
Very truly yours,
d- ~/
Bruce V. Malkenhorst
City Clerk
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CommuDication from Victor H. Vaits, Director of
Community Services, dated February 10, 1993, was presented,
transmitting the results, as .listed below, of bids received anc,i
opened February 9, 1993 in accordance with Contract No. 516,
Traffic signal Modernization, Atlantic Boulevard and District
Boulevard, Santa Fe Avenue and Pacific Boulevard, Soto street and
Fruitland Avenue, and BofleAvenue and LeonisBoulevard. It is
hereby recommended that the bid be awarded to Signal Maintenance,
Inc., 2283 Via Burton, Anaheim, California 92806, on the basis of
their bid of $71,555.
signal Maintenance, Inc.
Steiny & Company, Inc.
C.T. & F.
Moore Electric contracting
California Electrical Service
$71,555
80,050
84,280
94,300
97,166
It was moved by Ybarra, seconded by McCormick, that
the communication from the Director of Community Services dated
February 10, 1993 be received and filed, and that his
recommendation be approved. Motion carried.
RESOLUTION NO. 6215 - A Resolution of the City
Council of the city of Vernon Accepting the Bid of Signal
Maintenance, Inc. for Traffic Signal Modernization, Atlantic
Boulevard and District Boulevard, Santa Fe Avenue and Pacific
Boulevard, Soto Street and Fruitland Avenue and Boyle Avenue and
Leonis Boulevard in Accordance with Contract No. 516 of the City
of Vernon and Approving the Execution of Said contract, was
presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6215 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 10, 1993, was presented, advising that peyk
International, Inc., has requested permission to maintain and
operate an 8" water pipeline, one fire department connection and
six post indicator valves in 50th Street and District Boulevard.
This has been reviewed by the Director of community Services, and
it is hereby recommended that Encroachment License No. 375 be
approved and executed.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated February 10, 1993 be
received and filed, and that Encroachment License No. 375 be
approved and executed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 11, 1993, was presented, advising that the
Americans with Disabilities Act was signed into law in 1990 and
went into effect January 26, 1992. The Department of Justice
published detailed regulations setting forth employer's specific
obligations under Title II, Subtitle A, and these regulations
require the designation of a responsible employee and adoption of
a grievance procedure for resolving any complaints which allege
violations of the Act. This has been reviewed by the Risk
Manager and the city Attorney, and it is hereby recommended that
said Grievance Procedure be adopted and the city Administrator be
designated to have the responsibility for ADA compliance.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated February 11, 1993 be
received and filed, and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6214 - A Resolution of the City
Council of the City of Vernon Adopting a Grievance Procedure for
Resolving any Complaints Alleging violations of the Americans
with Disabilities Act, was presented.
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