01082019 Board of Public Works Meeting

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REGULAR MEETING JANUARY 8, 2019 4 WHEREAS, in 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services; and WHEREAS, in addition to the ADA, local government is subject to the requirements of Title VI of the Civil Rights Act of 1964 that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The protection under Title VI has been expanded by South Bend policy and law, and by State and federal laws to include age, gender, sexual orientation, gender identification, military status, national origin, English proficiency, and income status; and WHEREAS, at its meeting on January 8, 2013, this Board through Resolution #2-2013 approved the City's ADA Transition Plan which identified those sidewalks and curb cuts having priority for ADA upgrade, which was followed on January 28, 2013 by the South Bend Common Council's passage of Ordinance No. 10219-13 approving that Transition Plan; and WHEREAS, since January 2013, the City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program. These included sidewalks and curb cuts in downtown South Bend serving public service and commercial buildings which were upgraded as part of the Smart Streets Program. It has replaced sidewalks in neighborhoods through a public/private improvement plan over the past several years and intends to continue doing so under the terms of the ADA Transition Plan; and WHEREAS, the combined update to the City's Transition Plan approved January 28, 2013 and the City's Title VI Plan: Non -Discrimination in City Services, Programs & Activities Under the Civil Rights Act of 1964 is attached hereto and incorporated herein as Exhibit A for approval by this Council; and WHEREAS, the City's updates to and report of ADA accessibility improvements made since the original Transition Plan was approved is contained in Exhibit A at pages 3 through 10; and. WHEREAS, the City's Title VI Plan for non-discrimination in City services, programs and activities reflects the diversity of the City's population and the vision of the Common Council and City administration for a truly diverse and inclusive city as exemplified by the City's Human Rights Ordinance, amended in 2012 to include sexual orientation and gender identification (Ord. No. 10154-12); the Minority and Women Business Enterprise Diversity Development Program legislation of 2011 (Chapter 14.5, South Bend Municipal Code Ord. No. 10081-11) followed by the Mayor's appointment of a City Diversity and Inclusion Officer and enactment of the City's Diversity & Inclusion Plan of 2016; and WHEREAS, the City's attached Title VI Plan in draft form was reviewed by the State Department of Transportation compliance officer earlier this year and found to meet federal requirements; and WHEREAS, Public Hearing pursuant to Notice has been conducted this date by this Board, and there were no objections to Exhibit A. WHEREAS, this Board recommends that Exhibit A be approved by this Board and by the South Bend Common Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Updates to South Bend's 2013 Americans with Disabilities Act (ADA) Transition Plan for the City of South Bend, Indiana, which is the first section of Exhibit "A" attached hereto and incorporated herein is hereby adopted and approved.