HomeMy WebLinkAboutPRR26111 Velandia-Pena - ADA Title II compliance recordsVelandia Tech Law Group
355 S Grand Ave, Ste 2450, Los Angeles, CA 90071-9500
Tel: (213) 401-4068 | Email: mvelandia@velandiatechlaw.com
California State Bar No. 362843
March 11, 2026
VIA FIRST CLASS MAIL AND EMAIL (cityclerk@slocity.org)
City Clerk
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
Re: California Public Records Act Request — Comprehensive ADA Title II
Compliance Investigation
Dear Public Records Custodian:
On behalf of California Civic Access Project, a California nonprofit public benefit corporation,
and pursuant to the California Public Records Act (“CPRA”), Government Code sections 7920.000
through 7931.000, and Article I, section 3(b) of the California Constitution, we hereby request
production of the public records described below relating to the City of San Luis Obispo’s
compliance with Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131–
12165; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; and the Department of Justice’s
final rule on web accessibility for state and local governments, 28 C.F.R. § 35.200 (89 Fed. Reg.
30,620 (Apr. 24, 2024)).
This request is part of a systematic investigation into ADA Title II compliance among public
entities within the Central District of California. The results will be compiled into publicly
available reports, shared with disability-rights organizations, and used to inform public
understanding of whether and how public entities meet their federal obligations to persons with
disabilities—obligations that have existed since January 26, 1992. The City of San Luis Obispo is
subject to a compliance deadline of April 26, 2027 for the DOJ’s web accessibility rule, applicable
to entities serving populations of fewer than 50,000.
I. PRELIMINARY STATEMENTS
A. Validity of This Request
The CPRA does not require use of any particular form, portal, or online system. Gov. Code §§
7922.525, 7922.530. This letter constitutes a valid CPRA request regardless of whether the City of
San Luis Obispo uses NextRequest, GovQA, JustFOIA, or any other records-management
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CPRA Request — City of San Luis Obispo — ADA Compliance
platform. The statutory ten-calendar-day response period begins upon receipt. Gov. Code §
7922.535(a).
B. Format of Production and Accessibility
All responsive records should be produced in native electronic format. Gov. Code § 7922.570.
Where records exist as spreadsheets, databases, or GIS files, production should be in native format
(e.g., .xlsx, .csv, .shp, .gdb), not as PDFs or printouts. All documents must be provided in
accessible formats compatible with assistive technology, including screen readers.
Specifically, records must not be produced as scanned images, photographs of documents, or any
other image-based format that cannot be read by screen reading software. The requesting
organization’s review process relies on assistive technology, and image-based productions that
lack machine-readable text are not usable and do not constitute compliant production under the
CPRA. Where documents exist only in paper form, they must be scanned using optical character
recognition (OCR) to produce searchable, text-based electronic files.
C. Method of Delivery
All responsive records and all written communications regarding this request must be
delivered electronically to undersigned counsel at the following email address:
mvelandia@velandiatechlaw.com
Delivery may be accomplished through one or more emails, or through a file-sharing link (e.g.,
Dropbox, Google Drive, OneDrive, WeTransfer, or any similar service). If the volume of
responsive records exceeds email attachment limits, a file-sharing link is the preferred alternative.
All responses, determinations, correspondence, and communications regarding this request
must be in writing—whether by email or letter—and directed to undersigned counsel at the
address above. Oral or telephonic responses are not acceptable and will not be treated as compliant
responses under the CPRA.
D. Segregation of Exempt Material
If any portion of a responsive record is deemed exempt, the City of San Luis Obispo must segregate
exempt material and produce all reasonably segregable portions, identifying the specific
exemption relied upon and the name and title of the responsible official. Gov. Code §§
7922.525(b), 7922.540.
E. Non-Existence of Records
If no records responsive to any category exist, we request an express written statement to that effect
for each such category. The non-existence of records required by federal regulation is itself a
matter of significant public interest.
F. Duty to Assist
We invoke the City of San Luis Obispo’s duty under Government Code section 7922.600(a) to
assist in identifying responsive records.
II. RECORDS REQUESTED
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CPRA Request — City of San Luis Obispo — ADA Compliance
The following records are requested for the City of San Luis Obispo. Unless otherwise specified,
records from the past five (5) fiscal years are requested. All categories apply to every department,
division, bureau, and component of the entity.
A. Federally Mandated ADA Documents and Infrastructure
1. ADA Coordinator Designation and Governance
1.1. The name, title, office address, email address, and telephone number of the individual(s)
currently designated as ADA Coordinator(s) pursuant to 28 C.F.R. § 35.107(a).
1.2. The memorandum, resolution, executive directive, or other instrument effectuating the
designation, including the date of designation.
1.3. Any organizational chart showing the ADA Coordinator’s position within the entity’s
administrative hierarchy.
1.4. Records reflecting the scope of authority, budget allocation, and dedicated staff resources for
the ADA Coordinator function.
1.5. If no ADA Coordinator has been designated, a written statement to that effect.
2. ADA Grievance Procedure and Complaint Records
2.1. The complete ADA grievance procedure adopted pursuant to 28 C.F.R. § 35.107(b), including
intake forms and public-facing materials.
2.2. A log of all ADA/disability-related grievances received during the past five years, including
for each: (a) date received; (b) nature of complaint (physical barrier, web/digital, communication,
or programmatic); (c) complainant name and contact information; (d) resolution or disposition; and
(e) date of resolution.
2.3. If no grievance procedure has been adopted, a written statement to that effect.
3. Self-Evaluation
3.1. The complete self-evaluation conducted pursuant to 28 C.F.R. § 35.105, including all updates.
3.2. A list of interested persons and organizations consulted. 28 C.F.R. § 35.105(b).
3.3. Identification of areas examined, problems identified, and modifications made or planned. 28
C.F.R. § 35.105(c).
4. Transition Plan and Physical Accessibility
4.1. The complete ADA Transition Plan under 28 C.F.R. § 35.150(d), including all updates and
appendices.
4.2. The four required components under 28 C.F.R. § 35.150(d)(3): (i) identification of physical
obstacles; (ii) methods of remediation; (iii) annual schedule for compliance; and (iv) name of the
responsible official.
4.3. Curb ramp inventories: locations, condition assessments, slope measurements (running slope,
cross slope, flare slope, landing areas), compliance status, and any GIS data or shapefiles.
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CPRA Request — City of San Luis Obispo — ADA Compliance
4.4. Sidewalk inventories: cross-slope measurements, vertical displacement, deterioration
assessments, obstruction records, and width measurements.
4.5. The prioritization schedule under 28 C.F.R. § 35.150(d)(2), including priority for walkways
serving government buildings, transportation, places of public accommodation, and employers.
4.6. Facility-specific accessibility audits of buildings, parks, parking facilities, and restrooms.
4.7. Records of curb ramp installations and repairs during the past five years: locations, dates,
contractors, costs, and design standards applied.
4.8. Capital improvement projects with ADA components during the past five years: descriptions,
costs, and accessibility elements.
4.9. Correspondence with FHWA, DOT, or Caltrans regarding curb ramp or pedestrian-facility
compliance.
5. Web and Digital Accessibility
5.1. All web accessibility audits (automated and manual), including reports from Siteimprove,
WAVE, axe, Lighthouse, Pa11y, or third-party evaluators.
5.2. WCAG 2.1 Level AA conformance assessments and gap analyses, with results organized by
success criterion.
5.3. Remediation plans, roadmaps, and timelines for achieving WCAG 2.1 Level AA compliance.
5.4. Contracts with web-accessibility vendors: statements of work, proposals, invoices, and
correspondence.
5.5. VPATs or ACRs for third-party software, platforms, or applications used to deliver public
services.
5.6. Formally adopted digital accessibility policies.
5.7. Training materials and attendance records for web-accessibility or WCAG training.
5.8. Public complaints regarding web or digital accessibility barriers during the past five years:
date, nature, complainant, and entity response.
5.9. Plans, timelines, and budget allocations for compliance with 28 C.F.R. § 35.200 before April
26, 2027.
5.10. Any determination of fundamental alteration or undue burden under 28 C.F.R. §§ 35.164,
35.200(b)(2), including identity of the head of entity who made the determination and the written
statement of reasons.
5.11. Documentation of exceptions claimed under 28 C.F.R. § 35.200(c): archived content, pre-
existing conventional electronic documents, third-party content, password-protected content, and
pre-existing social media posts.
6. Reasonable Modification and Effective Communication
6.1. Policies on reasonable modification under 28 C.F.R. § 35.130(b)(7).
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CPRA Request — City of San Luis Obispo — ADA Compliance
6.2. Policies on effective communication and auxiliary aids under 28 C.F.R. § 35.160.
6.3. Records of requests for reasonable modifications and/or auxiliary aids during the past five
years: date, nature, disposition, and response date.
B. Financial and Budgetary Records
7. ADA Budget and Expenditures
7.1. Budget documents, appropriations, line items, and expenditure records related to ADA
compliance for the past five fiscal years, disaggregated by: (a) physical accessibility; (b) web and
digital accessibility; (c) programmatic accessibility; and (d) ADA staffing.
7.2. Any “readily achievable” analysis under 28 C.F.R. § 36.304(f), including cost-benefit and
financial-capacity assessments.
7.3. Any determination of “undue burden” or “fundamental alteration” under 28 C.F.R. §§
35.150(a)(3), 35.164, including identity of the responsible head of entity and the required written
statement of reasons.
8. Outside Counsel Invoices for ADA Defense
8.1. Invoices from outside law firms for defense of ADA, Section 504, or disability-accessibility
litigation during the past five years: amounts, hours billed, and dates. Descriptions may be redacted
to protect litigation strategy, but financial data must be produced. L.A. County Bd. of Supervisors v.
Superior Court (2016) 2 Cal.5th 282.
8.2. Total amount spent on ADA-related legal defense, by fiscal year.
C. Internal Communications
9. Emails, Texts, and Internal Communications Regarding ADA
9.1. All emails, text messages, memoranda, reports, presentations, meeting minutes, and other
written communications—including those on personal devices and personal email accounts
(City of San Jose v. Superior Court (2017) 2 Cal.5th 608)—sent or received by: (a) ADA
Coordinator; (b) City Manager / Chief Administrative Officer; (c) Department heads of Public
Works, Information Technology, Human Resources, and Recreation and Parks; (d) Mayor and City
Council members; from January 1, 2023 to the present, relating to:
(i) status, planning, or strategy regarding ADA compliance; (ii) web accessibility compliance or
the DOJ rule of April 24, 2024; (iii) curb ramp installation, survey, or prioritization; (iv)
development, update, or implementation of the ADA Transition Plan; (v) ADA grievances or
accessibility complaints; (vi) budget requests or allocations for ADA compliance; or (vii) decisions
not to act on known accessibility barriers.
9.2. To the extent any responsive record contains both deliberative and factual content, we request
segregation and production of factual portions. Gov. Code § 7922.525(b); Times Mirror Co. v.
Superior Court (1991) 53 Cal.3d 1325.
10. Correspondence with Federal and State Agencies
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CPRA Request — City of San Luis Obispo — ADA Compliance
10.1. All correspondence with DOJ, DOT, FHWA, HHS OCR, Department of Education, and
Caltrans regarding ADA compliance, accessibility audits, compliance reviews, or enforcement
actions.
10.2. Federal complaints received and the entity’s responses.
D. Personnel and Structural Information
11. Employee Directory
11.1. A list of all current employees: name, job title, department, official email address, and annual
salary. This request expressly excludes home addresses, personal telephone numbers, and dates of
birth (Gov. Code § 7928.300). IFPTE v. Superior Court (2007) 42 Cal.4th 319.
12. Key Officials—Individualized Contact Information
12.1. For each of the following positions: name, title, official email, telephone, and office address:
ADA Coordinator; Section 504 Coordinator; Chief Information Officer / IT Director; Director of
Public Works; City Engineer; Public Records Officer; City Clerk; City Attorney; Risk Manager;
Director of Human Resources; and Webmaster / Digital Services Manager.
E. High-Interest Records
13. Settlement Agreements and Legal Payments
13.1. All settlement agreements, consent decrees, and voluntary compliance agreements from the
past ten years relating to: (a) disability accessibility / ADA / Section 504; (b) web accessibility; (c)
physical barrier removal; or (d) disability-based employment discrimination.
13.2. For each: amounts, material terms, and parties. Confidentiality clauses in settlements paid
with public funds do not override the CPRA. Register Div. of Freedom Newspapers v. County of
Orange (1984) 158 Cal.App.3d 893. SB 790 (2025) voids confidentiality clauses regarding prices
and payments in government contracts.
13.3. Monitoring reports and compliance status updates under any such agreement.
14. Executive Compensation
14.1. Complete compensation packages for the twenty highest-compensated officials: base salary,
bonuses, vehicle allowances, housing allowances, deferred compensation, stipends, and travel
reimbursements. Contra Costa Times v. Superior Court (1995) 37 Cal.App.4th 486.
14.2. Separation agreements or severance packages for executives who separated during the past
five years.
15. Technology Procurement and Accessibility Policies
15.1. Any policy requiring accessibility or WCAG-conformance criteria in technology
procurements.
15.2. Records reflecting whether VPATs or ACRs are required before approving software
contracts.
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CPRA Request — City of San Luis Obispo — ADA Compliance
15.3. All RFPs for technology, web, or software services during the past three years.
16. Government Credit Card and Travel Expenditures
16.1. P-card transaction records for department heads and executives during the past two fiscal
years.
16.2. Travel expense reports for the same individuals and period.
F. Meta-Information and Training
17. Internal CPRA Policies
17.1. Internal policies and written guidelines governing CPRA request processing. Gov. Code §
7922.635.
17.2. Any policy directing that ADA-related CPRA requests be referred to legal counsel before
response.
18. ADA Training Materials
18.1. Training materials on ADA compliance, physical accessibility, web accessibility, and
WCAG standards.
18.2. Attendance records for such trainings during the past five years.
18.3. If no ADA-related training has been conducted, a written statement to that effect.
19. Disability Discrimination in Employment—Statistical Data
19.1. Statistical and aggregate data only (not individual files): internal complaints of disability
discrimination filed per year for the past five years; number substantiated; number resulting in
disciplinary action.
19.2. Total amounts paid in settlements of disability-related employment claims, by fiscal year.
III. LEGAL NOTICES
A. Response Deadline
Under Government Code section 7922.535(a), the City of San Luis Obispo must determine
whether this request seeks disclosable records within ten calendar days. An extension of no more
than fourteen additional days is permitted only upon written notice of unusual circumstances. Gov.
Code § 7922.535(b)–(c). No further extensions are permitted. Rogers v. Superior Court (1993) 19
Cal.App.4th 469.
B. Fee Waiver
We request that all fees be waived. This request is made in the public interest by a nonprofit
organization investigating systemic ADA compliance, and results will be disseminated publicly. If
a waiver is not granted, fees must be limited to direct cost of duplication. North County Parents v.
DOE (1994) 23 Cal.App.4th 144. Charges for search, review, redaction, or staff time are
prohibited. National Lawyers Guild v. City of Hayward (2020) 9 Cal.5th 488.
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CPRA Request — City of San Luis Obispo — ADA Compliance
C. Attorney Fees
Under Government Code section 7923.115(a), if this requestor prevails in an action to enforce
rights under the CPRA, the court shall award reasonable attorney fees. The catalyst theory applies:
production of records after commencement of litigation constitutes prevailing. Belth v. Garamendi
(1991) 232 Cal.App.3d 896. Partial success warrants full fees. L.A. Times v. Alameda Corridor
Trans. Auth. (2001) 88 Cal.App.4th 1381.
D. Preservation of Records
This request serves as notice that the records described herein are relevant to pending and
anticipated investigations and legal proceedings. The City of San Luis Obispo is directed to
preserve all responsive records and suspend any routine destruction schedules.
E. No Delay or Obstruction
Government Code section 7922.500 establishes that access to information concerning the conduct
of the people’s business is a fundamental right. Delay or obstruction of access is prohibited.
We appreciate the City of San Luis Obispo’s prompt attention to this request. Questions regarding
scope or substance may be directed to undersigned counsel at the contact information above.
Respectfully,
/s/ Sandra Milena Velandia-Peña, Esq.
Sandra Milena Velandia-Peña, Esq.
Velandia Tech Law Group
Counsel for California Civic Access Project
cc: City Attorney, City of San Luis Obispo (via email)
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