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Report ID: 23-241   
Type: Regular - External Affairs
Meeting Body: Board of Directors - Regular Meeting
Meeting Date: 4/26/2023 Final action: 4/26/2023
Recommended Action: Consider the adoption of Resolution No. 23-021 suspending the AC Transit Accessibility Advisory Committee (AAC) and direct the General Manager to establish a committee to advise on accessible services matters. Staff Contact: Linda A. Nemeroff, Board Administrative Officer/District Secretary
Attachments: 1. STAFF REPORT, 2. Att.1. Resolution 23-021, 3. Red Folder - S. Johnson - Letter to Governor, 4. Master Minute Order

TO:                     AC Transit Board of Directors                                          

FROM:                                             Linda A. Nemeroff, Board Administrative Officer/District Secretary

SUBJECT:                     Suspension of the Accessibility Advisory Committee                     

 

ACTION ITEM

AGENDA PLANNING REQUEST:   


RECOMMENDED ACTION(S):

 

Title

Consider the adoption of Resolution No. 23-021 suspending the AC Transit Accessibility Advisory Committee (AAC) and direct the General Manager to establish a committee to advise on accessible services matters.

 

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Body                                          

STRATEGIC IMPORTANCE:

 

Goal - Prioritize Diversity, Equity, Inclusion and Accessibility

Initiative - Internal and External Diversity, Equity, Inclusion and Accessibility Programs and Priorities

 

If the action requested in this report is approved, the District will once again have an open dialogue and feedback loop on accessibility matters affecting seniors and people with disabilities. 

 

BUDGETARY/FISCAL IMPACT:

 

There is no budgetary or fiscal impact associated with this report.

 

BACKGROUND/RATIONALE:

 

The AAC was established by the Board of Directors in 1990 to review, comment, and advise the Board of Directors regarding the implementation of District planning, programs and services for seniors and individuals with disabilities.

 

Advisory bodies, such as the AAC, that are established by the legislative body of a local agency are subject to the Brown Act.  Since the implementation of the teleconference procedures imposed by AB 2449, the AAC been unable to meet because it cannot assemble a quorum of its members in a single physical location in order to allow the remaining members to teleconference to the meeting without disclosing their home address.  Members of the AAC have expressed concern with the requirement to notice their teleconference location on meeting agendas, which is often their home address, for health, safety and security reasons.

 

A committee formed by the General Manager would not be subject to the Brown Act and would be able to meet remotely without interruption, thus providing the District with critical feedback on District programs, planning and operational matters affecting seniors and people with disabilities. Staff envisions that these meetings would continue to be open to the public, albeit remotely.

 

Staff is requesting that the Board of Directors adopt Resolution No.23-021 suspending the existing AAC indefinitely, and direct the General Manager to establish a committee to advise on accessible services matters in the interim.

 

ADVANTAGES/DISADVANTAGES:

 

Suspending the AAC and directing the General Manager to establish a committee will allow productive conversations about accessibility to resume, which will provide the District with valuable input from members of the senior and disabled communities.

 

ALTERNATIVES ANALYSIS:

 

Given the circumstances outlined in this report, there are no practical alternatives to the course of action recommended in this report.

 

PRIOR RELEVANT BOARD ACTION/POLICIES:

 

Resolution No. 20-058

 

ATTACHMENTS:

 

1.                     Resolution No. 23-021

 

Prepared by:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

 

In Collaboration with:

Mallory Brush, Accessible Services Manager

 

Approved/Reviewed by:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Jill A. Sprague, General Counsel/Chief Legal Officer

Robert del Rosario, Director of Services Development and Planning