HomeMy WebLinkAbout03-15-2016 Item 05 - Participation in California Joint Powers Insurance Authority Sidewalk Maintenance & Accessibility Planning Programs
Meeting Date: 3/15/2016
FROM: Daryl Grigsby, Public Works Director
Monica Irons, Human Resources Director
Prepared By: Barbara Lynch, Deputy Director of Public Works
SUBJECT: PARTICIPATION IN CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY SIDEWALK MAINTENANCE AND ACCESSIBILITY
PLANNING PROGRAMS INCLUDING FUNDING ASSISTANCE
RECOMMENDATION
1. Accept financial assistance for sidewalk deviation removals in the amount of $73,000 from
the California Joint Powers Insurance Authority as part of a California Joint Powers
Insurance Authority master services agreement with Precision Concrete Cutting; and
2. Accept financial assistance for updating of the City’s self-assessment and transition plan in
the amount of $21,500 from the California Joint Powers Insurance Authority as part of their
support of ensuring ongoing compliance with the Americans with Disabilities Act (ADA).
DISCUSSION
Background
The City is part of the California Joint Powers Insurance Authority (CJPIA) for risk (liability and
workers compensation) coverage. Liability coverage includes claims against the City for trip and
fall accidents or violations of accessibility requirements, the subject of the programmatic and
financial assistance being offered to the City as a Member of the CJPIA. These programs aim at
providing additional resources to member agencies to address common challenges that if
managed, could reduce potential liability claims. Council authorization is requested as the
assistance requires some commitments on the part of the City as discussed in the sections below.
Sidewalk Deviation Removals
The City has approximately 240 miles of sidewalks in the City. Sidewalks are subject to various
forms of wear and tear including damage from vehicles, settlement or uplift, and general
deterioration due to age. The City dedicates a portion of each year to identification and action on
sidewalk damage.
The Public Works Department completes a visual review of the sidewalks in the Downtown area
and one of the outlying eight Pavement Zones, each year. Any location with a hole or crack, or
an elevation deviation is captured by coordinates on a tablet computer, and uploaded into the
City’s Maintenance Management program. Crews are then dispatched to make temporary
repairs, or to complete full replacement of the worst areas, although resources are not adequate to
replace all damaged areas. This program was adopted by Council on January 22, 2013, but has
5
Packet Pg. 20
been used, in practice, for many more years. Systemic, proactive maintenance is a strong risk
management principle, supported by the CJPIA in that it improves public safety and reduces the
potential for claims and provides a strong defense when claims are submitted.
Occasionally, there are significant incidents, and costs are incurred by the CJPIA to either pay
the claimant, defend the claim, or both. While these are not frequent, the additional resources
offered by the CJPIA to reduce the possibility of a person being injured will likely be beneficial.
Attachment A shows a five year summary including the City’s investment in sidewalk
maintenance compared to numbers of claims and the amount paid. Summary information of
actual costs for claims now closed is shown as well. The CJPIA also holds aside money in
reserve based on the estimated cost of open claims. Reserves for open sidewalk related claims is
currently $110,000.
The CJPIA has entered an agreement with Precision Concrete Cutting to perform horizontal
sidewalk cutting. The Contractor will cut areas of raised sidewalk horizontally, removing the
deviation and reducing the likelihood that someone will trip and fall.
Before and After Photos from Precision Concrete Cutting Website
The City was selected by the CJPIA to participate in the Sidewalk Repair and Maintenance
Program and to receive funding to further address removal of sidewalk deviations in a high
traffic area of the City, such as the Downtown. The Downtown Pavement Area (approximate
boundaries – Osos to Nipomo, Monterey to Pismo) was recently surveyed and repaired just prior
to the holiday season. Staff will work with the CJPIA to determine whether alternative areas
such as those around Cal Poly or other schools are a more appropriate use of the available
funding. The area will need to be surveyed by staff and the data furnished to Precision Concrete
Cutting to specify areas where deviations require removal.
Not all deviations are suitable for cutting and the program requires the City to remove and
replace sidewalk panels or provide a temporary ramp, where cutting is not suitable. Attachment
B outlines the requirements of the program for Sidewalk Inspection and Maintenance. The
agreement to complete sidewalk replacement for sites where deviations cannot be mitigated
obligates the City to actively pursue replacement.
The City budgeted $100,000 annually in the 2015-17 Financial Plan to replace sidewalks through
the Capital Improvement Plan, including necessary tree removals. Contract costs for repairs over
5
Packet Pg. 21
the last couple of years for individual projects have varied from between $10,000 to $22,000 per
site depending upon the degree of damage, width of sidewalk, and need for tree removal. Within
the Operating Program for Streets and Sidewalks, a typical Pavement Zone receives 46 repairs
by City staff, with individual projects averaging 222 square feet.
The CJPIA has stated they will consider funding constraints when determining whether the City
is abiding by the terms of the program. It is unlikely that the City could replace all areas that
cannot be horizontally cut within the current annual capital budget of $100,000. In the likely
event that budgeted funding is not adequate, Street Maintenance staff will install temporary
ramping of areas not cut. This is work that would normally be done as part of the City’s adopted
Pavement Management program.
Updated Self-Assessment and Transition Plan
The Americans with Disabilities Act (ADA) was signed in to law in 1990. Once in effect, all
cities assumed a responsibility for compliance with the ADA. In 1994 and 1995 the City
prepared and adopted a Self-Assessment and Transition Plan ( “Plan”), as required under the law.
The Plan looked at the City’s facilities and identified items that did not comply with the
requirements of ADA. The Plan outlined the improvements to meet or exceed requirements
under ADA.
The City is routinely completing maintenance and replacement of its facilities. In doing so, the
facilities are either brought into compliance, or some upgrade in the facilities is made to improve
accessibility. While this continual improvement is good, it is also important to formally review
and update the City’s Plan to ensure resources are allocated towards addressing ADA issues and
ensuring public facilities have improved accessibility. ADA standards have changed since its
inception and facilities that met standards in 1995 may not meet current, updated standards. By
having an updated Plan, the City can focus its funding dollars to the right priorities, while still
accomplishing important infrastructure maintenance.
CJPIA is again offering assistance to its member agencies as many of them have not had the
resources to complete an updated Plan for several years. With recent and growing litigation in
this area, CJPIA has identified it as an area for added efforts to avoid potential risk. In doing so,
they contracted with Disability Access Consultants (DAC) to assist member agencies with ADA
compliance. Specifically, CJPIA has allocated $21,500 in services from DAC to assist the City.
This amount includes $5,000 towards the cost and licensing of DAC Trak, software developed
by DAC. DAC recommends that every public entity begin with an accessibility survey report.
The accessibility survey report consists of deficiencies or items that are not compliant with
current regulations. Items or elements that do not meet minimum requirements of compliance are
recorded in DACTrak, which provides for easy reporting and progress monitoring. The
remaining funding available through CJPIA can be put towards the cost of surveying existing
facilities or reviewing policies. Further discussion is necessary to identify a project team and
timeline for this important project as discussed under the Fiscal Analysis section of this report.
5
Packet Pg. 22
ENVIRONMENTAL REVIEW
Sidewalk maintenance efforts, such as deviation removal is exempt under CEQA Section 15301
Class 1 – Existing Facilities.
FISCAL IMPACT
Sidewalks
The fiscal impacts to complete all needed repairs are currently unknown; however, given the
flexibility of the program, no cost impacts are anticipated. After the visual review of the area to
be addressed is complete and the contractor reviews each site to determine feasibility of the
horizontal cutting, the number of sites to be removed and replaced will be known. Given that the
program guidelines allow for the City to complete temporary ramping, in lieu of full
replacement, staff is comfortable recommending acceptance of the financial assistance. Ramping
will occur as part of normal maintenance activities, and replacement of sidewalk panels would
then occur as funding was available through the operating and capital budgets for sidewalk
replacement.
Transition Plan
An initial estimate from DAC indicates the cost of a full survey of all City buildings and parks
open to the public, 240 miles of sidewalk, curb ramps, crosswalks, intersections, street furniture,
and related areas such as bus stops and shelters, a Self-Assessment, and Transition Plan
including software to allow continued monitoring, would cost approximately $200,000, less the
$21,500 authorized by CJPIA. Staff is evaluating options to further refine this estimate, which
does not include open space, identify the necessary staff resources and timeline to accomplish
this project, and intends to return to Council with a more specific request at the 2016-17
Financial Plan Supplement. While accepting the funds commit the City to the updating of the
Plan, this update is needed anyway. Without the assistance of the CJPIA, the entire cost will be
borne by the City.
ALTERNATIVE
The Council could choose to decline funding for either one, or both, of these programs. This
option is not recommended, as ultimately both programs contribute toward work that needs to
get done. The flexibility the CJPIA has offered on completing the follow -up, related to
availability of funds, provides some flexibility to the City.
5
Packet Pg. 23
StatusClosed
Year Sum of Expenses PaidSum of Loss PaidSum of Total Paid
2010-11$999.01$91,610.95$92,609.96
2011-12$85,718.82$45,500.00$131,218.82
2012-13$1,022.24$31,800.00$32,822.24
2013-14$248.78$1,328.19$1,576.97
2014-15$0.00$670.10$670.10
2015-16$0.00$500.00$500.00
Grand Total$87,988.85$171,409.24$259,398.09
$0
$50,000
$100,000
$150,000
0
5
10
15
20
2012‐132013‐142014‐15
Total Claims Made Total Claims Paid
Amount Paid Total Annual Sidewalk Maintenance Investment*
5.a
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
a
-
L
o
s
s
C
h
a
r
t
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
5.b
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
b
-
S
i
d
e
w
a
l
k
I
n
s
p
e
c
t
i
o
n
&
M
a
i
n
t
e
n
a
n
c
e
P
i
l
o
t
P
r
o
g
r
a
m
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
5.b
Packet Pg. 26
At
t
a
c
h
m
e
n
t
:
b
-
S
i
d
e
w
a
l
k
I
n
s
p
e
c
t
i
o
n
&
M
a
i
n
t
e
n
a
n
c
e
P
i
l
o
t
P
r
o
g
r
a
m
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
5.b
Packet Pg. 27
At
t
a
c
h
m
e
n
t
:
b
-
S
i
d
e
w
a
l
k
I
n
s
p
e
c
t
i
o
n
&
M
a
i
n
t
e
n
a
n
c
e
P
i
l
o
t
P
r
o
g
r
a
m
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 1
California JPIA
Americans with Disabilities Assistance Program
Overview
The purpose of the California JPIA’s Americans with Disabilities Assistance Program is to provide
technical and financial resources in order to help members achieve compliance with federal and state
Americans with Disabilities Act (ADA) laws. Recognizing the importance of ADA compliance, the
Authority’s Executive Committee has approved a level of funding across three broad areas. First, an ADA
consulting firm will work with members in assessing compliance; evaluating physical structures,
programs, and services; and developing transition plans. Second, members will be provided ADA
compliance tracking software. Third, the Authority will make seed money available through short‐term
matching loans in order to assist in funding necessary ADA capital improvements for purposes of barrier
removal.
The assistance program is expected to be carried out for a period of five years, with roughly 20% of the
membership receiving assistance in each of the program years. Since some members have already
begun addressing ADA compliance independent from the Authority’s program, partial or complete
reimbursement may be available if the work comports with the program conditions described below.
Agreement for Professional Services
For ADA consulting services described below, the Authority has entered into an agreement with
Disability Access Consultants (DAC). The agreement details terms and conditions for the provision of
professional services, the scope of ADA consulting services being provided, and the costs for these
services. The ADA consultant may incur reasonable actual expenses, including mileage, lodging, meals,
and transportation costs associated with providing ADA consulting services. Authorization for any and all
services to members will be according to the terms and conditions described therein. A copy of the
agreement is maintained at the Authority’s offices.
Level and Types of Assistance
The following describes the different types of assistance being provided to members.
Assistance Level 1: Member Assessment and Overall Diagnostic Profile
The ADA consultant will perform an assessment to determine the current level of ADA compliance
and plan a course of action to enhance compliance. If, after review, it is determined that the
member needs to complete or revise any of the required compliance components, the ADA
consultant will provide a recommended compliance plan that may include other assistance‐level
options. Following is a list of items determined during an assessment.
An ADA coordinator has been designated, noticed, and posted
Each site has a current transition/barrier removal plan that meets the requirements under
Title II of the ADA
A self‐evaluation of programs, services, activities, policies, procedures, and practices has been
completed
Attachment B - 15.c
Packet Pg. 28
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 2
The member has updated its current transition/barrier removal plan, if applicable
Current ADA transition/barrier removal plans include all sites, such as new sites added since
the completion of the previous plan
Space leased “from” others for use by the member are identified
Leased sites and program locations are identified
Space leased “to” others by the member is identified
Any current ADA‐related concerns or issues are identified, including any pending or actual
litigation
The member may need questions answered regarding the ADA, Title 24 of the California
Building Code (CBC) or related accessibility standards
Staff development activities have been provided or are requested
Methods and priorities are recommended to members for achieving ADA compliance
Assessments carried out under Assistance Level 1 are designed to assist those members that
perhaps have done some ADA compliance work, but are uncertain either of its completeness or
being up‐to‐date. During the course of such an assessment, findings are likely to show that member
concerns were valid, and that the member is not compliant. As a public record, these findings might
create legal exposure for the member if an ADA activist or attorney were to learn of them.
In anticipation of exposure to litigation, the Authority will require that assessment work always be
requested and directed by an attorney in order to preserve attorney‐client privilege. In this scenario,
the attorney would work with the Authority’s ADA consultant in order to begin the work, and then
receive the findings directly from the consultant. The attorney would then share them with the
member. Under the Authority’s ADA assistance program, the Authority’s ADA attorney will request
and direct work of the ADA consultant.
The California JPIA will fund this assistance level in its entirety, with no contribution from the
member.
Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
This service will provide members with inspection of sites that may be new or not inspected
previously, or have had extensive modernization or major remodeling. The service will include
inspection of member facilities and public rights‐of‐way, and identification of barriers to
accessibility, solutions to remove these barriers, and incorporation of the information into the ADA
consultant’s accessibility management software, DACTrak.
Following training, members will be able to license DACTrak to complete their own inspections,
including facilities and PROW, or update and manage their current plans. The software has an intake
component that can be used to inspect recently completed construction in order to ascertain
compliance with ADA requirements and Title 24 of the California Building Code. It also features an
online accessibility management component.
Under Assistance Level 2, public rights‐of‐way (PROW) must be evaluated to determine if there are
barriers that would prevent those with disabilities from traversing the pedestrian access route in the
public right‐of‐way. When members complete a self‐evaluation, these barriers must be identified
and incorporated into the member’s ADA transition plan.
Attachment B - 25.c
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 3
There are standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that
address sidewalks, but those standards are for design only. They specify that changes in the level of
accessible routes up to 1/4” may be vertical and without edge treatment. Changes between 1/4”
and 1/2” are to be beveled with a slope no greater than 1:2. Changes greater than 1/2” are to be
ramped. These regulations do not specifically address maintenance. Therefore, it is the Authority’s
opinion that there is no ADA maintenance standard for sidewalk deviations that exist in the PROW
path of travel, and members have no general requirement to inspect or repair deviations that
exceed the ADAAG’s design standard. That said, there are instances where sidewalk deviations or
conditions of sidewalk surfacing that should be addressed in order to ensure accessibility by
disabled persons.
More broadly, and within the context of maintaining an agency’s public sidewalks, deviations that
are 3/4” or less vertical displacement have been deemed by the courts to be trivial in nature, unless
there are aggravating circumstances such as jagged edges or a history of falls that make such
instances of greater risk to the public. A vertical displacement of greater than 3/4” is not considered
trivial as a matter of law, and poses a jury question as to whether it constitutes a dangerous
condition of public property. Members have a duty to mitigate such dangerous conditions either
because they knew of the condition or should have known. This duty exists separate and apart of
any duty imposed under the Americans with Disabilities Act.
Given the scope and costs associated with inspecting public rights of way (PROW), each member
must determine whether the consultant or member staff will carry out inspections.
The California JPIA will fund up to $16,500 toward this level of assistance. Members will be
responsible for any costs that exceed this amount. The California JPIA will also fund the first year of
licensing and training the DACTrak software. Members will be responsible for any required
equipment and licensing costs beyond the first year. The annual licensing fee is $2,000.
Assistance Level 3: Self‐Evaluation of Policies, Procedures, Practices
The ADA consultant will conduct a review of policies, procedures, and practices to determine if any
are discriminatory or potentially discriminatory. Programs, services, and activities would be
reviewed to determine accessibility by persons with disabilities.
The California JPIA will fund up to $5,000 toward this level of assistance. Members will be
responsible for any costs that exceed this amount.
Short‐Term Loans
Since some members may be unable to fund necessary capital improvements for purposes of barrier
removal due, the Authority is also making capital improvement matching funds available. These
funds are designed to help incentivize members to make needed improvements, particularly those
that would otherwise be out of fiscal reach in the foreseeable future.
The matching loans will be allocated up to $1 million over each of five consecutive years, with loan
recipients agreeing to repay the loans within five years of receiving the funding.
Allocating the loans to interested members will be done on a competitive basis, and will be based on
the total amount of funds being requested in any single year. Members requesting matching funds
Attachment B - 35.c
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 4
will also need to have a completed transition plan that identifies the capital improvement associated
with the funding request.
The Authority will charge a percentage point above the yield to maturity at cost for all investments,
as shown in the April Treasurer’s report, for loans disbursed during the following fiscal year.
The California JPIA will announce its first call for funding applications in December 2015, with future
announcements occurring annually 12 months thereafter. Specific instructions with loan terms and
conditions will be provided when the application periods open.
ADA Training
The California JPIA will provide ADA training for both general employees and for those responsible
for ADA compliance, and will fund this training in its entirety, with no cost for the member.
Additional Consulting Services
For any ADA consulting services needed by members beyond the scope of those listed above, the
California JPIA has negotiated a flat rate of $98 per consultant hour.
The cost for additional consulting services will be borne by the member.
Member Responsibilities
The member must agree to carry out the following responsibilities.
Provide necessary human and fiscal resources in order to complete ADA assistance work in an
agreed‐upon and timely manner
Provide the ADA consultant with necessary information and documents
Complete an ADA self‐evaluation and transition plan for removal of accessibility barriers
Develop needed capital budget plans based on information contained in the ADA self‐evaluation
and transition plan
Complete a review of policies, procedures, and practices to determine if any are discriminatory
or potentially discriminatory
Designate an ADA grievance coordinator
Be responsible for costs that exceed per‐member funding levels approved by the Authority’s
Executive Committee
Provide a tablet or other device that will run the DACTrak software
Receive training on the use of DACTrak software
Be responsible for licensure of DACTrak software beyond the initial year
Attachment B - 45.c
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 5
Program Procedures
General Procedures:
1. The Authority’s risk managers will work with members to determine assistance levels for each
member and notify members of the assistance level they will be receiving. Members will receive
a copy of this document, outlining the details of the program
2. Risk managers will contact the ADA consultant, notifying them of members ready to move
forward with one of the assistance levels
3. The ADA consultant will contact individual members to schedule an on‐site project kick‐off
meeting, and will forward information to the member and the risk manager regarding the kick‐
off
4. In coordination with the member, the Authority’s risk manager and the ADA consultant will co‐
participate in a project kick‐off meeting. The meeting will include discussion of the project scope
and responsibilities
5. The ADA consultant will develop a scope of work and an estimate of costs, outlining all
expenditures according to the various assistance levels described above
6. The ADA consultant will begin work upon written approval of both the Authority and member
Specific Assistance Level Procedures:
Assistance Level 1
1. The Authority’s ADA attorney will request and direct all member assessments
2. A report regarding the compliance level of the member will be issued to the ADA attorney in
order to preserve attorney‐client privilege
3. The Authority’s ADA consultant will provide written reports of completed work and member
actions
4. The ADA attorney will provide the ADA consultant’s report to the member
Assistance Level 2
1. Member will be provided DACTrak accessibility management software
2. Member will receive training regarding the use of DACTrak accessibility management software
3. Member will determine the level of ADA consultant assistance in completing inspections of
buildings, parks and facilities
4. Member will determine the level of ADA consultant assistance in completing inspections of
public rights‐of‐way
5. The ADA consultant will produce all necessary reports of findings and recommendations
Assistance Level 3
1. The ADA consultant will complete review of policies and procedures
2. The ADA consultant will review accessibility of programs, services and activities
3. The ADA consultant will produce all necessary reports of findings and recommendations
4. The ADA consultant will assist with required public input process, as required by Title II of the
ADA
Attachment B - 55.c
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)
Rev. 9/9/15 Page 6
Billing and Reimbursement
Work Performed through the Authority’s ADA Assistance Program
All work carried out through the California JPIA’s ADA assistance program must be approved in writing
by both the member and the Authority prior to commencement of work by the Authority’s ADA
consultant.
All invoices for work completed by the ADA consultant will be submitted to the California JPIA for
payment. Any amounts for services provided beyond the per‐member funding levels approved by the
Executive Committee will be billed to the member.
Work Performed Outside of the Authority’s ADA Assistance Program
Members who have completed independent ADA work between December 2012 and July 2015 may
submit for reimbursement of costs, according to the following conditions:
1. The work must be of the same or greater scope of what the Authority is making available
through its ADA assistance program
2. The work must be detailed in an agreement with the vendor
3. The work must be complete
4. Reimbursement amounts are the same as the per‐member funding levels approved by the
Executive Committee
5. The member would not qualify for additional ADA assistance in any area for which it is seeking
reimbursement
Attachment B - 65.c
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
c
-
A
D
A
P
i
l
o
t
P
r
o
c
e
d
u
r
e
(
1
2
6
0
:
C
J
P
I
A
F
i
n
a
n
c
i
a
l
A
s
s
i
s
t
a
n
c
e
)