REPORT-J-916XX

Joseph Abbott
To:
Sent: Monday, January 10, 2005 1:07 PM
Subject: Plumas County


It was good to talk to you Friday last after so many months. I have been
pursuing ADA issues both in my un-incorporated town (Johnsville) and the
County of Plumas. This may all seem like a-long-winded story but at least
it will let you know I've been busy.

The problem: Can the local agency (special district) have Public meetings
(town meetings) in a building with ADA access problems? Specifically, an
unpaved parking area, a problematic access ramp, and no disability rest
room hardware, etc.

The local agency: The local Public Utility District (PUD) is a "special
district" exempt from State or County oversight and regulations and as such
is not very interested in ADA issues. The entire town has membership in
this group because we are all water users which the PUD (an elective
office-the elections are organized (secrete ballot) and performed (by mail)
by the Plumas County Election Clerk's office "as a favor" to the PUD. The
PUD plans to use a structure in the town for its meeting which up to now
have been held in private homes. Reference: see response of California
Public Utility Commission: "Districts are formed by the County Bd. Of Sups
if they are within a single county or by state law if they exist in
multiple counties (like EBMUD). The CPUC does not have any jurisdiction
over districts. You need to contact your county attorney or ombudsman".

The structure: Some of the locals (incorporated as the Johnsville
Historical Society) have organized to rescue (rebuilt it) a dilapidated
building known as the Johnsville Church and are in the process of renting
it out for social events and use by the PUD. They originally neglected to
get a certificate of occupancy or use permit, and that process has now been
playing out with the Board of Supervisors and the Plumas Planning
(so-called) Department. In this process the Planning department has placed
a sign in the building which states that the structure will only hold 49
persons. Often the building has more than this number because no one
enforces the restriction. This was done to avoid compliance with State Fire
codes and disability access.

PS. The PUD never held another meeting in their fire building (which they
own) likely because I made such bad noises over their venue i.e., no
chairs, my pain etc. Thus, I never filed my complaint against them. That's
the last time we made contact.

From our conversation of yesterday it seems that my target for remedial
ADA action is with the Johnsville PUD since (as a California Special
District) they (PUD) are exempt from all State and County oversight.


Plumas County:
Problem list: (see my letter which is attached as #1)
Specific issues in Plumas County.
1. Plumas County Disability coordinator: There was none until I called
the County Counsel and then the Director of Facility Services
(grounds-keeper) was appointed as such. But his office building has no
sign, disability parking area, no access ramp and he states he only is
responsible for County Buildings not those like the Johnsville PUD will
use. I have been working with a member of the local Grand Jury to see it
they (GJ) will address this issues (sign, parking, access, etc.) and if
they will not, I have offered to file a formal complaint against the County
regards the disability coordinator officer's non-compliance.
2. Parking on Quincy Main Street (As the result of my above referenced
letter, I was contacted the local CalTrans Supervisor: Her response "I had
spoken to the CalTrans paint crew supervisor earlier, he is the person who
told me that it was the (Plumas) County's responsibility. Since John Kolb
(County Works Department, who told me in was a CalTrans issue) does not
agree, I am now following up with our traffic department in Redding to get
more definitive information. I will get more information to you, hopefully
by the end of next week. Sincerely, Kathy Coots, Caltrans Area
Superintendent" . Note: I have yet to hear an definitive answer after
several months of waiting for CalTrans intervention.
3. I have been successful in getting the Community Care Council (see
attached email #2) to place my above referenced letter on their agenda for
their January 13, 2005 meeting . My goal is to involve a broader group
including Seniors and others with physical limitations to become involved
in this issue rather than attempt to carry the entire burden myself i.e.
consensus building.

Finally I have not been able to locate a Michel Adams of CalTrans in the
State phone directory. Do you have more contact information on her so I can
make contact?
I am eager to attend the meeting in mid-January that you mentioned but I
need a topic, time, place, etc. so I know where to go in Sacramento.
I look forward to your direction in my attempts to bring Plumas County up
to date regarding ADA requirements.

Joe Abbott
Joseph A. Abbott, MD.
1870 Jackson, St. # 502
San Francisco, CA. 94109

===========REPLY ===========
Re: Plumas County
Date: 1/10/2005 4:18:24 PM Pacific Standard Time
From: rmskaff@comcast.net
To: jabbottmd@mindspring.com
CC: LE3293@aol.com, barnonhill@aol.com, cfilc@cfilc.org, mcollins@calsilc.org, longmore@sfsu.edu, wheelchair-access-now-today@cox.net

1/10/05

Mr. Abbott,

It was good talking to you the other day.

The simple answer to the question in the second paragraph of your email is NO. A public agency would be a violation of the California Brown Act which says that public agencies, holding public meetings MUST hold those meetings in a fashion that is open to the public. [SEE LINK] If the facility the meeting is held at is not accessible by state or federal access codes/regulations, then it's not open and available to a segment of the population, those of us with disabilities. Recently, the Town of Corte Madera, in Marin County California, held a Town Council meeting at a site that wasn't accessible. They received a letter from Mr. Lockyer's Office warning them that they were in violation of the Brown Act. I have attached two letters from the AG's Office (I'm sorry, they are both "pdf" files), one, a letter sent to the Mayor of Adelanto, California about this same issue. I would copy both to your computer and forward them, along with your complaint to the agency in question. Remember, these are state as well as federal violations (not just federal ADA issues). I would strongly suggest that you do this by sending an email to the special district Board and manager with "cc's" to:

1. State Attorney General Bill Lockyer: email - PIU@doj.ca.gov
2. Steve Coony-Chief Deputy Attorney General for Administration & Policy: email - steve.coony@doj.ca.gov
3. Alberto Gonzalez, Special Assistant Attorney General: email - Alberto.Gonzalez@doj.ca.gov . Mr. Gonzalez can also be reached by phone: 916-324-5369
4. Peter Siggins, Chief Legal Affairs Secretary to the Governor: email - peter.siggins@gov.ca.gov
4. Janet Blizard, Janet Blizard, Supervising Attorney-Public Access: email - janet.l.blizard@usdoj.gov
5. Laura Williams, President - Californians for Disability Rights, Inc (CDR): email: LE3293@aol.com . Ms. Williams has developed a web "blog" in which she lists complaints that individuals have filed. I believe that Ms. Williams is doing this in an effort to show; 1. how many building sites exist with access violations throughout the state, and; 2. the effort and time it takes for our community to get the access that the state and federal laws have required for years that aren't being enforced.

In your letter, describe the apparent access violations (unless you are a known "code" expert that has a background of acting in that position in court cases) and that you expect a written response within thirty days with details as to the outcome of their investigation of your complaint, the details that were found that are violations and when they propose to correct the violations. Then, follow up within thirty days if they don't respond with a second email, cc'ing the same people and add a "cc" to a disability rights attorney (I can provide you some names at that time, if you are interested).

I hope you don't mind. I'm "cc'ing" your email to others (activists) in the disability community in California. They may have additional suggestions for you.

Good luck.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628
Mobile: 415-497-1091
Email: rmskaff@comcast.net