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HomeMy WebLinkAbout06-18-2019 Item 05 - Americans with Disabilities Act Assessment Update Department Name: Human Resources Cost Center: 3002 For Agenda of: June 18, 2019 Placement: Consent Estimated Time: N/A FROM: Monica Irons, Human Resources Director Prepared By: Monica Irons, Human Resources Director Matt Horn, City Engineer SUBJECT: AMERICANS WITH DISABILITIES ACT ASSESSMENT UPDATE RECOMMENDATION Receive and file an update on an Americans with Disabilities Act (ADA) assessment and transition plan development. DISCUSSION Background Council authorized a Significant Operating Program Change (SOPC) in the 2016-17 Budget Supplement that authorized an investment in ADA compliance using savings resulting from lower than anticipated liability and workers’ compensation insurance premiums. The ADA of 1990 recognizes and protects the civil rights of people with disabilities and is built on the foundation of Section 504 of the 1973 Rehabilitation Act. The ADA covers all state and local governments and Title II is the section that is applicable to programs, services, and activities provided by “public entities”. Under Title II a public entity is required to make reasonable changes to policies, ensure effective communication with people with disabilities, and provide physical access to buildings, facilities, and programs with the goal of ensuring meaningful access to all its services and offerings. This requirement extends not only to physical access to facilities, programs, and events, but also to pedestrian facilities in the public rights-of-way. The City’s first Self-Evaluation of publicly accessible programs and Analysis of Barriers was completed in 1994, and a Transition Plan was adopted by Council in 1995. The City is routinely completing maintenance and replacement of its facilities. In doing so, the facilities are either brought into compliance with the ADA, 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 Transition Plan to ensure resources are allocated toward addressing ADA issues and ensuring public facilities have improved accessibility. Packet Pg 135 Item 5 ADA standards have changed since its inception in 1990 and facilities that met standards in 1995 may not meet current, updated standards. By having an updated Transition Plan, the City can focus its funding dollars to the right priorities, while still accomplishing important infrastructure maintenance. The ADA does not specify time periods to update Assessments and Transition Plans, however, the California Joint Powers Association (CJPIA), in which the City is a member for liability insurance coverage, strongly encouraged its members to assess and update their transition plans to reduce risk in this area and to improve accessibility of public programs and facilities in our community. Having an updated Assessment and Transition Plan accomplishes two goals: 1) identifying improvements to help advance accessibility, and 2) places the City in a more favorable position in the event there is an ADA audit, or an ADA claim filed against the City. The term “transition plan” comes from the terminology in the 1990 Americans with Disabilities Act (ADA) that describes how public entities would be “transitioning” into compliance during the timelines of 1992 to 1995. The term barrier removal plan is used in addition to the term transition plan, as public entities are no longer transitioning into compliance during the three years set aside in the law. The transition/barrier removal plan identifies the noncompliant barrier that may deny access to goods and services, the proposed method to remove the barrier, the identity of the responsible person to oversee the implementation of the plan and the projected schedule for barrier removal of “structural” barriers. The self-evaluation, on the other hand focuses on programmatic barriers that may deny access to programs services and activities. The two plans work congruently to remove the structural and programmatic barriers. Updating the Self-Assessment and Transition Plan The City, through its membership in CJPIA, used the services of Disability Access Consultants (DAC) to survey its programs, facilities, and public right-of-way. Approximately 235 miles of public rights-of-way were surveyed by DAC between February 2017 and March 2018. Sidewalks, trails, 2,112 curb ramps, and 58 signalized intersections were evaluated. Seventy- eight facilities were inspected between October 2017 and July 2018. The evaluation process was accomplished using field crews equipped with measuring devices and mobile software-based data collection forms. The evaluations identified physical barriers based on the 2010 ADA Standards for Accessible Design, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG), and Title 24 of the California Building Code. Detailed measurements of existing conditions and photos of each facility were recorded and recommendations for removing physical barriers noted. The resulting information, encompassing over 25,000 pages of details regarding potential barriers, is in the DACTrak Accessibility Management Software provided by DAC through an annual license fee. This software provides the City with a web-based tool to update its plan, document progress, estimate costs, and schedule barrier removal. To date, the Public Works Building Maintenance Division has updated all building/facilities related barriers. Staff in Parks, Trees, and Streets Maintenance Divisions, along with CIP Engineering and Parks and Recreation, will be engaged in updating the data base. This tool allows the City to realize a Plan that is not static, but instead is easily accessible to staff in multiple departments working on various projects with ADA implications and periodically updated to reflect progress. Packet Pg 136 Item 5 DAC provided the City an Americans with Disabilities Act Self-Evaluation and Transition Plan Update (Attachment A) which is the result of the physical assessment of City owned assets as well as public outreach. The Plan includes recommendations and staff is currently working on the implementation plan. Two, three-hour training sessions were provided in March 2019 providing an overview of the ADA, examples of barriers, and suggestions for improving service to people with disabilities. The training was attended by managers and front-line staff from every department in the City and resulted in further inquiries and follow up with DAC staff. Role of ADA Coordinator The Human Resources Director has been identified as the ADA Coordinator for many years. While there are certainly employment aspects of the ADA, the majority of this effort is focused much more broadly and continued progress towards full compliance with the ADA through active management of the City’s Transition Plan is primarily focused on physical changes that are largely accomplished through maintenance or capital projects, of which the Human Resources Director has a limited role. A survey of other public agencies identified ADA Coordinator responsibilities under Community Development (e.g. Chief Building Inspector), Public Works Director or Capital Projects Manager, or Administration. Given the overlap in capital projects, facilities, management and the extensive number of community programs provided by the City’s Parks and Recreation Department, the ADA Coordinator role will transition from the Human Resources Director to the Assistant City Manager, Community Services, effective July 1, 2019. Notices will be updated, and staff expects the transition to be seamless and ultimately to provide more focus and consistency in the area of barrier removal. Previous Council or Advisory Body Action 1. Council authorized an SOPC as part of the 2016-17 Financial Plan Supplement to conduct a self-assessment and develop a transition plan through the City’s participation in CJPIA. 2. Council adopted an ADA Transition Plan in 1995. Policy Context The ADA and Section 504 of the 1973 Rehabilitation Act requires periodic assessments and development of a transition plan. Public Engagement Following assessment of public facilities, programs, and right-of-way that includes identifying potential barriers to access, public engagement is required. The City conducted a 60-day outreach program to gather input on its self-evaluation process between June 15 and August 15, 2018. Notices were posted on the City website informing the availability of online and in print surveys. Community organizations representing individuals with disabilities and other interested individuals were provided opportunities for public input. Packet Pg 137 Item 5 CONCURRENCE Public Works and Parks and Recreation staff in the Community Services Group have been involved in this process and concur with the recommendations provided in the ADA Self- Evaluation and Transition Plan Update document. The Assistant City Manager, Community Services, concurs with the transition of ADA Coordinator responsibilities. The City Attorney has also reviewed this work and concurs. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278. FISCAL IMPACT Budgeted: N/A Budget Year: N/A Funding Identified: N/A Fiscal Analysis: There are no direct fiscal impacts by receiving this report. As a result of the implementation of this transition plan, future funding will be required to complete necessary maintenance and Capital Improvement projects to address physical ADA barriers. These necessary projects will be prepared and presented to Council with future Financial Plans so that Council may balance these ADA Transition Plan needs within the context of other City priorities and other needs. ALTERNATIVES Periodically updating and maintaining an assessment and barrier removal plan is a legal requirement, therefore, no alternative to receiving this update is provided. Attachments: a - Council Reading File - ADA-504 Self-evaluation and Transiton Plan - City of San Luis Obispo_05.24.2019 Packet Pg 138 Item 5