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Home My WebLink AboutAGENDA REPORT 2004 1103 CC REG ITEM 10EVC9 FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council CITY Of MOOkPARK, CALIFORNIA City Council Meeting of ACTION: . 4004 BY: Deborah S. Traffenstedt, ATCM /City Clerk --:D5T October 26 2004 (CC Meeting of 11/3/04) SUBJECT: Consider Resolution Supporting Legislation Requiring Notice Prior to Filing Legal Action for Violations of the Americans with Disabilities Act BACKGROUND AND DISCUSSION The attached letter from the City of Morro Bay (Attachment 1) requests support for legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. The letter provides the background information and identifies proposed federal and state legislation (H.R. 728 and AB 2594) that is intended to enable businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. The legislative status for both H.R. 728 and AB 2594 is that they have been introduced and are at the committee level. The City Council's Legislative Program, adopted by the Council on April 21, 2004, does not specifically address this type of legislation; therefore, staff has scheduled this matter for Council consideration. Staff has included a draft resolution of support as an attachment (Attachment 2) to this agenda report.. STAFF RECOMMENDATION Adopt Resolution No. 2004- Attachments: 1. Letter from Morro Bay City Attorney dated 10/12/04 2. Draft Resolution 4 I()00 9 Cit y of Morro Bay Morro Bay, CA 93442 • 805- 772 -6200 October 12, 2004 Steven Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 ATTACHMENT NO. 1 . • .. .'.;;'_l fir. ` �, Re: Request for support for legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. Dear Mr. Kueny: This correspondence is being sent to you at the direction of the City Council for the City of Morro Bay to solicit your support for legislation that would amend the Americans with Disabilities Act and California State Access laws to require notice prior to filing a lawsuit. As you may know, the City of Morro Bay is located on the Pacific Coast of California about half way between San Francisco and Los Angeles near Hearst Castle and the Big Sur Coast. The City of Morro Bay is a working fishing village and the local fishing industry is one of the most important along the California Coast. The City is a pleasant tourist destination with shops, restaurants and hotels along the coastline and within several blocks of the primary streets. The Embarcadero, which runs along the waterfront, includes art galleries, tourist gift shops, surf and sport shops and dozens of restaurants. The City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. There are absolutely no national chains in the City of Morro Bay except grocery stores and fast food chains. All of the shops and restaurants are locally owned and operated and are considered "Mom & Pop" shops. In 2002, litigation was filed against the City for alleged violations of the Americans with Disabilities Act (ADA) and State Access laws. The City quickly settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements over the next five years. The City was unable to settle the portion of the lawsuit dealing with attorneys' fees as plaintiffs attorneys demanded approximately $200,000. The Court recently reduced the amount of the attorneys' fees to $54,000; however, plaintiff's attorney is appealing the decision. In 2004, litigation was filed against 16 locally owned and operated restaurants in Morro Bay for alleged violations of ADA. All of the lawsuits are identical and have been filed by the same plaintiff and attorney. These lawsuits have had a tremendous impact on the Community. Two of \1:? \11 \1tiTR. \TI0\ 595 Harhur titrcct ('111 .\T-TO �R\Eti 955 Shasta \vcnuc FINANCE hEl'.\RIAIF`<T 595 Har6ir Strt•ct H \RRt MR W PAR i \IE\T 1'uUc F DF11.\RT\IE\T PI 11I.IC SER\ ICE1, 13 7i FmharcaJcro Road h7n \lurro Rai; Nnik •ard 9ii Shasta v.-cnuc FIRF. DEP \RT\IJ -\ 1 715 Harbor qrcct RECRE:\TI0\ cam. I' k!, tool hcnncJv \\`x :�, f �.�01(!o Request for support - ADA October 12, 2004 the restaurants have had to close their doors as they did not have the financial ability to fight the allegations. The 14- year -old Americans with Disabilities Act is a good law. Unfortunately, the intent and spirit of the Americans with Disabilities Act of 1990 is being abused by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, these attorneys are filing lawsuits for minor technical access violations. Fearing the time, hassle and expense of lawsuits, small businesses are being forced into cash settlements — most of which goes to the attorneys. By creating a multitude of cases, these attorneys are generating substantial amounts of income for themselves at the expense of small businesses. To help rectify this problem, Congressman Mark Foley (R -FL) introduced the ADA Notification Act (H. R. 728), which amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. At the State level, Assemblyman Tim Leslie (Tahoe City) has introduced similar legislation. AB 2594 Public accommodations: persons with disabilities would allow a person who hires an ADA specialist to review the design and construction of the person's premises to have a Certificate of ADA Compliance. Holders of such a certificate would be entitled to notice and the opportunity to correct future ADA violations before a civil lawsuit could be filed. Congressman Foley's and Assemblyman Leslie's legislation would curtail the abusive practice of certain attorneys filing lawsuits for easily correctable ADA infractions and would enable small businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. In effect, passage of this legislation would tip the balance back to accessibility and back to the disabled and away from the lawyers. Recently our City Council passed the enclosed resolution and directed Staff to notify other jurisdictions and solicit support in our endeavor to seek an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. Thank you for your assistance. Sincerely, A& Robert Schultz City Attorney I I 1 RESOLUTION NO. 68 -04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion; and WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, the City of Morro Bay supports the goals of this landmark civil rights law and the original intent of the Americans with Disabilities Act because it provides equal access opportunities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well- intentioned civil rights law. Unfortunately, it is not the goal of these few attorneys to improve accessibility for the disabled, but to exact financial punishment through lawsuits; and WHEREAS, legislation has been introduced by California State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to correct alleged violations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MORRO BAY that this Council supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act since it would curtail the abusive practice of certain attorneys by providing a due process provision for property owners so that they may be in full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League of California Cities, Central Coast Cities, the Governor's office, and to the California and Federal Legislative Delegation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the m day of , 2004 on the following vote: AYES: NOES: ABSENT: ABSTAIN: WILLIAM YATES, Mayor ATTEST BRIDGETT BAUER, City Clerk ^ ,'1, i+ n f r _yiY.i� I61 ATTACHMENT NO. 2. RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, SUPPORTING LEGISLATION REQUIRING NOTICE PRIOR TO FILING LEGAL ACTION FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion; and WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodation, employment, transportation, state and local government services, anci telecommunications; and WHEREAS, the City of Moorpark supports the goals of this landmark civil rights law and the original intent of the Americans with Disabilities Act, because it provides equal access opportunities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well - intentioned civil rights law, and their goal has been to exact financial punishment through lawsuits instead of improving accessibility for the disabled; and WHEREAS, legislation has been introduced by California State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would require, as a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to correct alleged violations of the Americans with Disabilities Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act, since it would curtail the abusive practice of certain attorneys f) 0 3 Resolution No. 2004 - Page 2 by providing a due process provision for property owners so that they may be in full compliance with the Act. SECTION 2. The City Clerk is hereby directed to forward a copy of this resolution to the League of California Cities, the Governor's office, and to the California and Federal legislative delegation. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 3rd day of November, 2004. Patrick Hunter, Mayor ATTEST- Deborah S. Traffenstedt, City Clerk {��f