MIS2015-00007 MI S2015 - 00007
Cascadia
Behavioral
Healthcare , Inc .
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JIG ARI)
December 29,2015
City of Tigard
Mr.Jim Hlava
Vice President of Housing
Cascadia Behavioral HealthCare, Inc.
PO Box 8459
Portland, OR 97210
Re: Cascadia ADA Complaint 12/22/2015
Dear Mr.Jim Hlava:
On December 22,2015, I received your email request for a reasonable accommodation for a
proposed use of property located at 14127 SW 114"'Avenue,Tigard, Oregon to site a Mental Health
Crisis Respite facility. As the Americans with Disabilities Act (ADA) Coordinator for the City of
Tigard, I began my investigation into the ADA Complaint on December 23,2015. Since I will be
retiring on January 5, 2016,Ms. Nadine Robinson will then provide ADA Coordinator services for
Tigard so she also participated in this investigation. Following is the investigation report and
findings.
CITY OF TIGARD ADA GRIEVANCE PROCEDURE: The City of Tigard responds to ADA Title II
complaints when they are submitted. The process for investigation of the complaint is set forth in
the City of Tigard's ADA Grievance Procedure which can be found on the City of Tigard's website
at 1lnp:1 jwww_.I. d-oLl;<w/c{t. li ,d' ,,> I d -a' > >, p. A copy of the
procedure is attached as Exhibit"A."
HISTORY OF CLAIM BEING FILED: On behalf of Cascadia Behavioral Healthcare Inc. (Cascadia),
you filed a written request for reasonable accommodation with the City on December 22,2015 and a
copy of the request is attached as Exhibit`B." According to your complaint, Cascadia contends that
the Community Development Code's (CDC)prohibition of"Transitional Housing"in the R-4.5
zone prevents Cascadia's operation of a licensed residential home providing mental health crisis
respite services at 14127 SW 114"Avenue and is therefore discriminatory towards people with
disabilities. Cascadia's proposed accommodation is that the City allow operation of Cascadia's
proposed facility at this location.
IN 1'bRVIEWS AND RECORD REVIEW:
Jim Hlava submitted Cascadia's points of concern through a reasonable accommodation request
dated 12/22/2015
John Floyd,Tigard Associate Planner
Monica Bilodeau,Tigard Associate Planner
Marissa Grass,Tigard Associate Planner
Nadine Robinson,Tigard Central Services Director& future ADA Coordinator (effective
1/6/201 6)
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
INFORMATION GATHERING SYNOPSIS:
■ Cascadia submitted a Pre-Application Conference Request to the City of Tigard on
December 8,2015. A copy of the program description submitted with your Pre-App request
is attached as Exhibit"C." In that request,it was noted:
o Washington County is funding a 5-bed respite service in a home-like environment to
serve residents from both Washington and Clackamas counties and the county
released a request for proposal for this service to be located in Tigard or Tualatin;
o Cascadia submitted a bid and was awarded the contract to provide this service to
clients to help them stabilize psychiatric symptoms and avoid expensive psychiatric
inpatient care;
o The approved location is a former adult foster home located at 14127 SW 114"
Avenue,Tigard, Oregon;and
o Clients'length of stay will range from 7 to 30 days.
■ City Planners are required by the Community Development Code (CDC) to determine the
residential type use that is the closest and most appropriate category:
o The CDC definition of"Transitional Housing" best defines the proposed use of the
property for a mental health crisis respite service location;and
o 14127 SW 114`' Avenue is zoned R-4.5 and CDC Section 18.510.1 (use table) does
not permit a transitional housing unit in this zone.
■ A review of the CDC is currently underway to assure compliance with the Fair Housing Act
(FHA) and the ADA to protect individuals from unintentional discrimination based on their
membership in a protected class. This review is anticipated to be presented to the Tigard
City Council during fiscal year 2016-2017.
■ The City of Tigard is clear in its own ADA policy (Exhibit"A") that it will make all
reasonable modifications to policies and programs to ensure that people with disabilities
have an equal opportunity to enjoy all City programs,services, and activities. This includes
the CDC and residential use types in the code.
FINDINGS: Considering the circumstances surrounding this complaint, the Americans with
Disabilities Act (ADA),the Fair Housing Act(FHA),Tigard's ADA policy and current case law, the
following determination is made.
1. The prohibition in the CDC of a"Transitional Housing"unit in the R-4.5 zone may have
the effect of disparate impact on future Cascadia clients in one or more protected class
memberships.
The City of Tigard hereby provides a reasonable accommodation to allow a mental health
crisis respite service to be located at 14127 SW 1141 Avenue in the R-4.5 zone per Cascadia's
request for services as outlined in Exhibit"C."
This determination report will be sent to Jim I Ilava by regular U.S. mail on this date with a copy via
email.
NEXT STEPS IN CITY OF TIGARD'S ADA GRIEVANCE PROCEDURE: With the issuance of this
document on December 29,2015,the Tigard ADA Coordinator has completed a review of
Cascadia's complaint.
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This will conclude the matter unless Cascadia determines the complaint is not resolved to their
satisfaction. Should that be the case,Jim Hlava/Cascadia may file a request with the ADA
Coordinator to forward this matter for hearing. A copy of the procedure is attached,as Exhibit"A."
At this time,the City has not contacted a Hearings Officer. If the complaint is not resolved to the
satisfaction of Jim Hlava/Cascadia,it will be forwarded to the Tigard City Council for their review.
The Council will hear the complaint at a public meeting and will make a determination within 30
calendar days from the date of the hearing. The decision of the City Council is final.
o0 E f Z� - a4 --I o
-I.o en Mills,ADA Coordinator (through 1/5/2016) Date
City of Tigard,Oregon
13125 SW Hall Blvd.,Tigard,OR 97223
503-718-2417 (voice),503-684-2772 (TTY)
J.)rt�ett(5ai til•irI- r.gt n (email)
Note: Due to the transition of the ADA Coordinator duties in a few days to another staff person at
Tigard, the new ADA Coordinator has also been involved in this review and determination as
indicated below by her signature.
/�wj(d�s /15
Nadine Robinson,ADA Coordinator (beginning 1/6/2016) Date
City of Tigard,Oregon
13125 SW Hall Blvd.,Tigard,OR 97223
503-718-2481 (voice), 503-684-2772 (1ITY)
sti�#itait{lfii};anl ryc.r (email)
Jim,it is my hope that the accommodation identified in this report will resolve Cascadia's concerns.
Sincerely,
,green Mills
Asst. to the City Manager&ADA Coordinator
Enclosures:
1. Exhibit A—City of Tigard ADA Notice&Grievance Procedure
2. Exhibit B—Cascadia Request For Accommodation/ADA Notice
3. Exhibit C—Cascadia Program Description from Pre App Conference Request
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EXHIBIT A
Notice Under the Americans with Disabilities Act
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990,the
City of Tigard will not discriminate against qualified individuals with disabilities on the basis of
disability in the City's services,programs, or activities.
Employment:Tigard does not discriminate on the basis of disability in its hiring or employment
practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity
Commission under Title I of the Americans with Disabilities Act(ADA).
Effective Communication:The City of Tigard will generally,upon request,provide appropriate
aids and services leading to effective communication for qualified persons with disabilities so they
can participate equally in the City's programs,services,and activities,including qualified sign
language interpreters,documents in Braille,and other ways of making information and
communications accessible to people who have speech,hearing, or vision impairments.
Modifications to Policies and Procedures:Tigard will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all
City programs,services,and activities. For example,individuals with service animals are welcomed in
City offices,even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of
policies or procedures to participate in a City program, service,or activity, should contact the person
or department who scheduled the event as soon as possible but no later than 48 hours before the
scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of
its programs or services, or impose an undue financial or administrative burden.
The City will not place a surcharge on a partic»lar individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that are open to the public but are
not accessible to persons who use wheelchairs.
ADA Questions &Complaints:The City of Tigard has an ADA Coordinator and a grievance
procedure in place. This is to ensure that complaints are handled promptly. Equitable resolution is
strived for through the review process. Please contact the ADA Coordinator with questions or
complaints about ADA compliance efforts. See the City of Tigard's ADA grievance procedure
below.
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Tigard's ADA Grievance Procedure:
The City of Tigard has adopted a grievance procedure providing for prompt and equitable resolution
of complaints alleging any action prohibited by the U.S. Department of Justice regulations
implementing Title II of the Americans with Disabilities Act. Complaints should be addressed to:
Loreen Mills,ADA Coordinator,City of Tigard, 13125 SW Hall Blvd.,Tigard,Oregon,97223 -
(503) 718-2417-TTY(503) 684-2772,who has been designated to coordinate ADA compliance
efforts.
1. A complaint regarding access or discrimination should be filed in writing or verbally. It must
contain the name and address of the person filing it,and briefly describe the alleged violation
of the regulations.
2. A complaint should be filed within thirty days after the complainant becomes aware of the
alleged violation.
3. An investigation, as may be appropriate,shall follow a filing of a complaint.The ADA
Coordinator or designee shall conduct the investigation.This procedure anticipates informal
but thorough investigations, affording all interested persons and their representative,if any,
an opportunity to submit evidence relevant to the complaint.
4. The ADA Coordinator shall issue a written determination as to the validity of the complaint
and a description of the resolution,if any,within 30 calendar days.
5. If the complaint cannot be resolved to the satisfaction of the complainant by the ADA
Coordinator,it shall be forwarded to the Hearings Officer.The City will retain the services
of a Hearings Officer.The Hearings Officer shall establish ground rules or procedures for
hearing complaints,requests, or suggestions from disabled persons regarding access to and
participation in public facilities, services,activities,and functions in the City.The Hearings
Officer shall hear complaints in sessions open to the public,after adequate notice,in an
unbiased,objective manner,and issue a written decision within 30 calendar days of
notification.
6. If the complaint can't be resolved to the satisfaction of the Complainant by the Hearings
Officer,it shall be forwarded to the City Council.The Council at a public meeting shall hear
the complaint.A determination shall be made within 30 calendar days from the date of the
hearing.The decision of the City Council is final.
7. The ADA Coordinator shall maintain the files and records of the City of Tigard relating to
the complaints filed.
8. The right of a person to a prompt and equitable resolution of the complaint filed,hereunder,
shall not be impaired by the person's pursuit of other remedies,such as the filing of an ADA
complaint with the responsible federal department or agency.Use of this grievance
procedure is not a prerequisite to the pursuit of other remedies.
9. These rules shall be construed to protect the substantive rights of interested persons to meet
the appropriate due process standards,and to assure that the City of Tigard complies with
the ADA and implementing regulations.
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10. Time lines referred to above concerning the scheduling of hearings may be extended if, after
reasonable effort and justification, the hearing cannot be conducted within the 30-calendar
day limitation period.
11. All decisions shall be sent by regular mail to the complainant within 30 calendar days of the
date of the hearing and shall be retained in the program file. Phone notification shall also be
made in cases involving visually impaired individuals.
12. The ADA Coordinator may modify this grievance and appeal process in order to assure
equal access to programs, services and activities for people with disabilities.
13. Nothing in this grievance process is meant to be used for any personnel,EEO, or labor
agreement grievance procedure for the City of Tigard. Contact the City Human Resources
Department for further information regarding Title I grievances.
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Exhibit B
Cascadia
y
City of Tigard, Community Development
13125 SW Hall Blvd.
Tigard, OR 9223
Attention_John Floyd and Loreen Mills
To Whom It May Concern.
On behalf of the many disabled Oregonians that Cascadia Behavioral HealthCare,Inc.serves,and more specifically
on behalf of the people we intend to serve at the property we own in Tigard, we are submitting a Request for
Reasonable Accommodation with regard to our proposed use of this property located at 14127 SW 114th Ave.in
Tigard. Oregon as a Mental Health Crisis Respite Program under the City's designation as a"Group Living Facility.'
A "Reasonable Accommodation" under the Fair Housing Act is defined as"a change, exception,or adjustment to
a rule,policy,practice,or service that may be necessary for a person with a disability to have an equal opportunity
to use and enjoy a dwelling; including public and common use spaces." It is under the auspices of this Act that
Cascadia submits this request.
Cascadia was informed that the City of Tigard determined that our program met the definition of Transitional
Housing, which is not allowed in the zone where the property is located. Although it may not be the intent, the
minimum length of stay language contained in the City of Tigard code definition for Transitional Housing
effectively prohibits people with disabilities from accessing a critical health care resource that is publicly funded
and supported by Washington County, Oregon. This language is our reason for submitting a request for
Reasonable Accommodation.
We request a written response by the close of business on Tuesday December 29,2015. This date is 1 week prior
to our planned start-up of the program. This would allow Cascadia and Washington County adequate time to
complete final planning in advance of opening the program.
Background information in support of Cascadia's request includes:
1 Our site wilt be a state licensed group home. The Oregon legislature has said a group home can be anywhere,
and has to be allowed in single family zoning.
2 The Federal Fair Housing Act prohibits discrimination(intentional or having the effect of discriminating)in the
sale or rental of a dwelling (or to "otherwise make housing unavailable") because of the handicap of the
people who intend to reside there.42 USC 3604 (f) (1)(B).
3 The Federal Fair Housing Act provides that it is illegal housing discrimination to refuse to make "reasonable
accommodations in rules, policies, practices or services, when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy the dwelling." 42 USC 3604(f) (3)(B).
4. Reasonable accommodations are routinely made in zoning cases, to permit operation of a home or facility
that would otherwise be prohibited by the state zoning code.
5. A reasonable accommodation can only be denied if it would be an undue financial or administrative burden,
or would result in a 'fundamental alteration'to the program.
6. Reasonable accommodations are often used in situations that would otherwise require extensive special use
processes, or other time consuming processes that would burden the disabled person's right to live where
they choose-- and the provider's right to serve people with disabilities.
7. Title II of the Americans with Disabilities Act prohibits discrimination, and its"integration mandate" requires
that a person be permitted to live in the most integrated setting appropriate to their needs."
8. Licensed group homes must be permitted in any residential zone under Oregon statute per ORS 197.665(1).
Oregon law does not specify length of residency in a group home,and merely defines resident as any individual
residing in a facility who receives residential care,treatment or training.
9. The Oregon State Legislature declared that "it is the policy of this state that persons with disabilities and
elderly persons are entitled to live as normally as possible within communities and should not be excluded
from communities because their disability or age requires them to live in groups"and further made the finding
that 'There is a growing need for residential homes and residential facilities to provide quality care and
protection for persons with disabilities and elderly persons and to prevent inappropriate placement of such
persons in state institutions and nursing homes." Therefore,"To meet the growing need for residential homes
and residential facilities, it is the policy of this state that residential homes and residential facilities shall be
considered a residential use of property for zoning purposes." ORS 197.663(1),(2)and(4).
Given the consistency in both the Federal and State laws, it is our contention that Cascadia is entitled as a matter
of right to operate a licensed residential home providing mental health crisis respite services at 14127 SW 114t
Ave.in Tigard based upon the applicable State and Federal laws cited above. As time is of the essence in resolving
this, we look forward to your prompt response in this matter_ We certainly have been appreciative of your
responsiveness to our concerns and of your technical assistance in considering our position. We look forward to
continuing a positive and productive relationship with the City of Tigard as we begin operations of our program at
the property in the near future_
Sincerely,
m Hlava
Vice-President of Housing
Cascadia Behavioral HealthCare, Inc.
PO Box 8459
Portland,OR 97210
mobile:503-998-3406
direct 503-9637-7797
Exhibit C
Cascadia Behavioral HealthCare Property at 14127 SW 114th in Tigard, OR
BACKGROUND: Washington County, Oregon released a Request for Proposal (RFP)#2015.057P for
Crisis Respite Services on May 15, 2015 with a June 23, 2015 deadline for submission. Within the RFP
was a specific item called out in section 38.1.2 stating "The Contractor will identify, purchase, and
maintain the Crisis Respite facility, which will be located in Washington County,but easily accessible
from Clackamas County, such as in the Tigard/Tualatin area."
Early on, Cascadia Behavioral HealthCare, Inc. (CBH) identified a property at 14127 SW 114th Ave. in
Tigard and made a contingent offer on the property. The plan was to convert the former Adult Foster
Home to a 5-bed respite facility under a group living use to serve residents from both Clackamas and
Washington counties as envisioned in the RFP.The program design is to provide assistance in a healing
and supportive environment, to provide a safe place where clients can stay as their mental status
improves and to ensure a less expensive alternative to psychiatric inpatient care. The goal of this
setting is to help people stabilize psychiatric symptoms and to support them as they return to their
living situation in the community.
CBH submitted its proposal to Washington County prior to the deadline. After their review of
applications,the County awarded the project to Cascadia. Cascadia then closed on the purchase of the
property on October 30, 2015 in anticipation of opening the program in early January 2016. A pre-
licensing inspection with the State of Oregon took place in November with very favorable feedback of
the location and the home.
PROGRAM SERVICES: Respite services provide a home-like environment where individuals may
relax, find peer and professional support, and participate in a milieu that includes home-cooked meals
and peer socialization opportunities. Based on other Respite Programs operated by Cascadia, the
services will include a strengths based assessment, development of individualized plan, milieu therapy,
medication facilitation, solution-focused brief therapy as needed, and coordination of a transition plan
back to the person's community setting. We've estimated that the length of stay for the program will
range between 7 to 30 days, allowing for longer stays as deemed appropriate in consultation with
respective Washington and Clackamas County staff.
PROPERTY DESCRIPTION: The home at 14127 SW 114�h in Tigard has 5 bedrooms on the first floor
with 3 rooms having private bathrooms and 2 rooms sharing a bathroom. Additionally,there is another
bathroom on the 1 floor accessible to all. The 2' floor has 2 additional bedrooms and a bathroom.
The upstairs bedrooms will be used as office & meeting space. The home has a nice kitchen and a
generous living room/dining room area. There are spacious outside areas featuring a backyard patio
and garden area.
CONTACT INFORMATION: Jim Hlava, VP of Housing
503-998-3406