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CC RESOLUTION 5402RESOLUTION NO. 5402 A RESOLUTION ADOPTING AN AMERICANS WITH DISABILITIES ACT REASONABLE ACCOMODATIONS REQUEST POLICY PURSUANT TO AB 2449; DIRECTING STAFF TO UPDATE MEETING AGENDA TEMPLATES; AND REQUIRING CITY COMMITTEES, COMMISSIONS AND BOARDS TO USE TRADITIONAL TELECONFERENCING PROCEDURES. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and determines as follows: A. Effective January 1, 2024, California Assembly Bill 2449 ("AB 2449") authorizes teleconferencing procedures in Government Code § 54953(f) beyond the traditional teleconferencing methods set forth in Government Code § 54953(b). B. AB 2449 also imposes requirements relating to accommodation requests made under the Americans with Disabilities Act ("ADA"). C. In accordance with AB 2449, specifically Government Code § 54953(g), the City Council seeks to adopt an ADA-compliant reasonable accommodation policy and direct City staff to accordingly modify City agendas to comply with AB 2449's notice requirements. D. Further, since City committees, commissions, and board ("CCBs") vary in size, location, and meeting frequency; the City has limited staffing and resources to facilitate AB 2449 teleconferencing for all CCBs and maintain the accompanying onerous recordkeeping; and AB 2449 sunsets on December 31, 2025, the City Council desires to require CCBs to only utilize the traditional Government Code § 54953(b) procedures for CCB meeting teleconferencing. SECTION 2. Actions. A. The City Council adopts that policy entitled, "City of El Segundo Reasonable Accommodations Policy for Brown Act Meetings," which is attached hereto as Exhibit "A" and incorporated by reference ("Policy"). The City Manager, or designee, in consultation with the City Attorney may modify the Policy to comply with applicable law. B. The City Manager, or designee, is directed and authorized to modify agenda templates for City legislative body meetings subject to the Brown Act, including City Council and CCB meetings to provide the following ADA reasonable accommodation notice: RESOLUTION NO. 5402 PAGE 1 of 4 "REASONABLE ACCOMMODATIONS: In compliance with the Americans with Disabilities Act and Government Code Section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City's website at https://www.elsegundo.org/government/departments/city-clerk. Please contact the City Clerk's Office at (310) 524-2308 to make an accommodation request or to obtain a copy of the policy." C. The City Manager, or designee, is directed and authorized to modify City Council meeting agenda templates to include a new additional item entitled as follows: "AB 2449 Notifications/Requests." D. Members of CCBs may use the traditional procedures and protocols in Government Code § 54953(b) for teleconferencing in Brown Act -subject meetings for their respective legislative bodies; CCB members cannot utilize AB 2449 (§ Gov. Code, § 54953(f)) teleconferencing. SECTION 3. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTIONS. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED, APPROVED AND ADOPTED this 21st day of March, 2023. ATTEST: \JWJ% , �)Mw) Tracy Wea r, City Clerk AP AS TO ARM' Mark D. nsley, City Attorney Drew Boylee,'Ior RESOLUTION NO. 5402 PAGE 2 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5402 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 21st day of March, 2023, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES. Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Giroux and Council Member Baldino NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of March, 2023. Tr y Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5402 PAGE 3 of 4 EXHIBIT « ,y City of Ill Segundo Reasonable Accommodations Policy for Brown ,act Meetings RESOLUTION NO. 5402 PAGE 4 of 4 CITY OF EL SEGUNDO REASONABLE ACCOMMODATIONS POLICY FOR BROWN ACT MEETINGS Effective January 1, 2023, Government Code § 54953(g), pursuant to California Assembly Bill 2449, requires that all public agencies have and implement a procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12132 et seq.), and resolving any doubt in favor of accessibility. Requests may be made by any individual that participates or conducts the meeting, including members of the public. This policy shall apply to all meetings of the City's legislative bodies and meetings open to the public, including, without limitation, City committees, boards and commissions ("CCBs"). Individuals who have any disability, may request accommodations using the process outlined below. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. Note that an accommodation will be considered to be unreasonable and will not be provided if it imposes undue financial or administrative burdens on the City, or requires a fundamental alteration in the nature of a program. If a particular accommodation is unreasonable, the City will offer an alternative accommodation that is reasonable. Process to request an additional accommodation: 1. Please request an accommodation as soon as you can, preferably before the meeting you wish to attend, or at the meeting itself if necessary. The sooner the request is made, the more likely it is that the City can provide the accommodation or an alternative. You can make this request yourself, or someone can make it on your behalf with your permission. 2. Your request can be made orally or in writing, and you should submit it to the City Clerk's Office so as to avoid delay in reviewing and processing the request. Requests can be made by contacting the City Clerk's Office at (310) 524-2308, via email to aflcit clerk el e ondo.or .i, or by mailing such a request to the City Clerk's Office located at El Segundo City Hall, 350 Main Street, El Segundo, California 90245. Note that if you contact the City Clerk's Office via mail, you need to make the request early enough that a response can be timely provided. 3. Your request for an accommodation must provide the following information: a. What accommodation? We need to know the type of accommodation you are seeking, and/or how the accommodation will allow you to access and participate in the meeting. You are not required to disclose the particular disability, instead a general statement of explanation will suffice. You may, but are not required to, submit a letter from a physician to the effect that the requested accommodation is required for you to access and participate in the meeting. b. Contact information. You must give staff current contact information so they can respond in a timely manner. This can be a mailing address, an email address, or telephone number, for example. Note that if only a mailing address is provided, you need to make the request early enough that a mailed response can be timely provided. c. Which meeting or meetings? Please specify if the accommodation is requested for a specific meeting, or for all or a series of meetings before a particular body. • Any staff member who receives, or believes they may have received, an accommodation request, will promptly relay the request and the requestor's contact information to the City Clerk. • The City Attorney may be requested to assist in the review of requests, and assist staff in providing a response to the requestor as soon as practicable. All reasonable accommodation request responses must be provided in writing, when such written response can be transmitted in a timely manner prior to the start of the specific meeting. Otherwise, the response may otherwise be provided orally. Responses will identify whether the accommodation is granted or granted in the alternative, and any instructions necessary to access the accommodation. If denied the response will identify and the grounds for denial. City staff must promptly document requests and responses provided orally. • The law requires that all doubt be resolved in favor of accommodations. Staff will make reasonable efforts to communicate with requestors to obtain clarifications or to discuss whether alternative accommodations will be viable.