RPVCCA_CC_SR_2013_06_04_04_RPV_Accessibility_Self-Evaluation_&_Transition_Plan (Updated 20160923)CrrvoF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
LES JONES, INTERIM DIRECTOR OF PUBLIC W~
JUNE 4, 2013 0
CITY OF RANCHO PALOS VERDES ACCESSIBILITY
SELF-EVALUATION AND TRANSITION PLAN
CAROLYN LEHR, CITY MANAGER ~
Siamak Motahari, Senior Engineer ;::5i1')1
RECOMMENDATIONS
1) Adopt Resolution 2013-a Resolution of the City Council of the City of Rancho
Palos Verdes approving the City of Rancho Palos Verdes Accessibility Self-Evaluation
and Transition Plan.
2) Direct staff to initiate measures to construct the recommended ADA improvements
consistent with the attached implementation plan (Transition Plan) ..
BACKGROUND
The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990,
required full compliance by all public agencies by 1995. To date, public agencies,
particularly cities, have failed to meet the initial deadline. Generally speaking, sanctions for
non-compliance have been civil in nature. Additionally the U.S. Department of Justice
(DOJ) has initiated "Project Civic Access", a random public agency audit, to encourage a
more serious approach by public agencies to comply with the federal law. When problems
are identified, communities often have negotiated and implemented a settlement
agreement with the DOJ that will direct their future obligations to construct corrective
projects.
There are two primary steps a city must follow to comply with the ADA:
1. The City must prepare a program to implement remedies that address identified
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physical barriers and to ensure access by persons with disabilities to the
programs, activities, and services offered by the City. This program Includes
preparation of a 'Self-Evaluation' report for all City facilities with respect to
accessibility, and, a 'Transition Plan' to schedule and fund implementation of
corrective work to achieve ADA compliance.
2. The City must implement the plan through steps including necessary repair and/or
construction.
The ADA prohibits discrimination and provides comprehensive civil rights protections to
individuals with disabilities in the areas of employment, public accommodations,
government services, public transportation, and telecommunications. While the ADA has
five separate titles, Title II is the section specifically applicable to state and local
governments and to the programs, services and activities they deliver.
During the years following Federal enactment of the ADA, the City of RPV has addressed
multiple physical barriers by providing or upgrading sidewalk curb ramps, accessible
restrooms, parking lots, and reception counters. These needed upgrades were often
included as part of larger improvement projects and in compliance with state building
codes.
However, adopting and following a Transition Plan not only represents the City's good faith
effort to comply with accessibility requirements, but also gives the City a better opportunity
to plan and schedule the corrective work completely, reasonably and based on available
resources.
On July 20, 2010, the City Council awarded a contract to the firm BOA Architecture to
prepare a citywide ADA Self-Evaluation and Transition Plan (ADA SE & TP). The
consultant has prepared the reports coordinating the scheduling of the Transition Plan with
Staff.
One part of the requirements for preparing the accessibility Self Evaluation & Transition
Plan was to notify and invite members of the disabled community to a public outreach
meeting. The purpose of this meeting is to obtain and record the community's input,
questions and concerns and include them in the documents for consideration and
implementation. Staff notified the community three weeks ahead of time by posting a
public notice, publishing in the local newspaper and placing the notice on the City's
website. This meeting was scheduled for May 4th, 2011 at Hesse Park. The meeting was
convened and adjourned as there were no public attendees present.
Another ADA requirement is to assign an ADA Coordinator and, a Transition Plan
Implementation Manager for the City. The City Manager has appointed the Public Works
Director to be the ADA Coordinator. At this time, the Senior Engineer-Facilities will act as
the Transition Plan Implementation Manager.
Upon approval by the City Council, these reports will be available on the City's website and
at the Department of Public Works. Attachment 2 to this Staff Report is an electronic copy
of these reports and a hard copy is made available at the meeting tonight.
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DISCUSSION
The citywide accessibility Self-Evaluation report is a comprehensive survey of the City's
existing facilities; it contains data for thousands of items which need to become compliant
with ADA requirements. This data identifies not only physical barriers but also programs
and services that may not be fully accessible. The report also addresses ADA-related
aspects of the City's emergency response plans and procedures.
The Accessibility Transition Plan recommends methods to remove these barriers. This
plan prioritizes removal of barriers in accordance with guidelines and recommended by the
consultant, which are classified by 'severity' in the following order:
• Potential Safety Hazard (A)
• Severe or Complete Barrier to Access (B)
• Partial Barrier to Access (C)
• Minor Code Deviation (D)
• Non-Mandated Access Improvements (E) -includes items identified under draft
Federal criteria (as of 2010) to be adopted into law in upcoming code cycles.
With respect to location of identified barriers, the consultant has classified barriers by
priorities set by the U.S. Department of Justice (DOJ}, in Title 28 of the Code of Federal
Regulations, sorted in the order of access to:
1. The facility
2. Program areas
3. Restrooms
4. Other facility elements
The US DOJ defined this set of priorities to provide access to facilities that were
constructed prior to the effective date of the ADA. The ADA does not specifically mandate
that public entities such as the City prioritize the removal of barriers in this specific order;
however, classifying identified barriers pursuant to the U.S. DOJ guidelines has led to a
better understanding of the level of accessibility presently provided at specific City
facilities.
Even though the order of work will start with highest priorities stated previously, there may
be instances when removal of a high priority barrier will necessarily include removal of a
lower priority barrier at the same location. The actual implementation plan therefore may
be modified when it is found appropriate to address both high and lower priority items at
the same location, thereby generating economies of scale and potential cost savings by
grouping both high and lower priority improvements into discrete facility-specific projects.
ANALYSIS
The total cost of the Citywide ADA Transition Plan implementation, which consists of
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addressing more than 4,300 identified barriers, is estimated to be $11,848,707 without
considering the cost increase index for future years. Soft costs are included in the items
which require design and engineering. The ADA requires the Transition Plan to schedule
completion dates of corrective work to eliminate barriers. Therefore, to analyze financing
and scheduling of the plan, a summary breakdown of the total cost is provided below:
1. Road curb ramps and bus stops: $2,639,722
2. City facilities and grounds: $9,208,985
Implementation of the Transition Plan needs to be consistent with the City's future plans,
programs and financial resources. Staff proposes the following financing methods and
schedules for the City of RPV Accessibility Transition Plan implementation.
1. Road curb ramps and bus stops: The City's Pavement Management System
expends approximately $14,000,000 over a recurring period of seven years. By
dedicating an average of 10% of the annual pavement budget to roads accessibility
compliance, the high priority barriers can be addressed in 12 years with another 4
years for completing the lower priority corrective work. Funds for this program will
be provided mainly through Proposition C.
2. City facilities and grounds: This work covers necessary improvements to all City
buildings, parking lots and parks. Staff proposes an annual budget appropriation of
$400,000 over a period of 2.5 years to address the high priority ADA barriers.
Starting from the third year, a minimum annual budget appropriation of $150,000 is
recommended for ADA compliance of low priority barriers until those are completely
addressed. Staff recommends the ADA compliance of City Hall and Ladera Linda
Buildings & Grounds be included in potential future improvement projects at these
facilities. This strategy can result in savings through absorption of ADA compliance
costs within the improvement projects.
Services and Programs
Costs to modify the City's programs and services in compliance with the ADA are
associated with updating policies and procedures, and, procuring compliant
telecommunications equipment. These costs are not very significant and can be absorbed
by the operational or administrative budgets and staff time in each department.
Temporary accommodations as needed
Until the Transition Plan is fully implemented, alternatives to retrofit of City facilities when
needed may include temporary relocation of a City activity to an accessible facility,
adapting or replacing equipment, and the delivery of the service or benefit to persons with
disabilities when such accommodations do not create an undue administrative or financial
burden.
This approach is consistent with the City's goal to make its programs and services
accessible to all persons, including persons with disabilities.
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FISCAL IMPACT
The total cost of ADA transition plan estimated with today's dollar value is $11,848,707.
The cost of ADA compliance for road curb ramps, traffic signals and bus stops will be paid
for through the City's pavement management budget funded by Proposition C. The fiscal
impact of ADA compliance for all other City facilities for FY 13-14 is $400,000.
Other Potential Funding Sources
There are several funding sources potentially available for various phases of the Transition
Plan implementation. Some examples are Community Development Block Grant (CDBG)
funds, Quimby Funds, Proposition C, and L.A. County Supervisorial grants. Staff will make
a diligent effort to obtain available grants for ADA compliance projects.
CONCLUSION
Approval of Staff's recommendation is another step towards enhancing accessibility of City
facilities, programs and services in compliance with applicable State and Federal
accessibility requirements.
Attachments:
1. Resolution 2013 -
2. Electronic copy of the City of RPV Accessibility Self-Evaluation and
Transition Plan (Original document in Public Works or available from the
following link: is.tte:N1N1Av .ee l ee1e5 el"Elee .eel"ft/l"e v/J!'~l9 li wNel"l te/A9,L\)
3. Definitions of barriers' severity (levels A, B, C, D & E)
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The link for Attachment 2 is no longer active. Please use the following
link to access the referenced documents:
http://www.rpvca.gov/359/Americans-with-Disabilities-Act
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, ADOPTING THE CITYWIDE ACCESSIBILITY SELF-EVALUATION
AND TRANSITION PLAN
WHEREAS, the Americans with Disabilities Act (ADA), which was signed
into law in 1990, requires the City of Rancho Palos Verdes to prepare a program
to implement removal of identified physical barriers and to ensure access by
persons with disabilities to the programs, activities, and services offered by the
City; and,
WHEREAS, the ADA prohibits discrimination and provides comprehensive
civil rights protections to individuals with disabilities in the areas of employment,
public accommodations, government services, public transportation, and
telecommunications; and,
WHEREAS, during the last 20 years the City has removed multiple
physical barriers by providing or upgrading sidewalk curb ramps, accessible
restrooms, parking lots, and reception counters either through specific ADA
compliance projects or as part of larger improvement projects; and,
WHEREAS, the ADA program requires the City to prepare a 'Self-
Evaluation' report for all City facilities with respect to accessibility and a
'Transition Plan' to schedule and fund implementation of corrective work to
achieve ADA compliance; and,
WHEREAS, the City hired a consultant to prepare a citywide Accessibility
Self-Evaluation and Transition Plan (SE & TP); and,
WHEREAS, the consultant has prepared the citywide Accessibility SE &
TP, which is on file with the City Clerk office and the Department of Public Works;
and,
WHEREAS, as required by the ADA, the City provided three weeks notice
and invited members of the disabled community to attend a public outreach
meeting, which was held on May 4th 2011, at Hesse Park; and,
WHREAS, the purpose of this meeting was to obtain and record the
community's input, questions and concerns and to include them in the SE & TP
documents for consideration and implementation; and,
WHEREAS the American's with Disabilities Act requires the City to assign
an ADA Coordinator and a Transition Plan Implementation Manager for the City;
and,
Resolution No. 2013-Page 1of3
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WHEREAS the City Manager of the City of Rancho Palos Verdes
appointed the Public Works Director to be the ADA Coordinator and, the Public
Works Deputy Director to be the Transition Plan Implementation Manager for the
City; and,
WHEREAS, the City of RPV Accessibility SE & TP has an implementation
schedule for addressing all identified physical barriers, providing access to City
programs and services and, addressing the accessibility aspects of the City's
emergency response plans and procedures as required by law; and,
WHEREAS, the implementation schedule gives priority to addressing
barriers identified as Potential Safety Hazard (Severity Level A) and, Severe
Barrier or No Access (Severity Level B); and,
. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY DETERMINE, AND RESOLVE AS
FOLLOWS:
The City of Rancho Palos Verdes Self Evaluation and Accessibility
Transition Plan, which is on file in the City Clerk's Office and in the Department of
Public Works and is made a part hereof by this reference, is hereby adopted and
shall be implemented by the City, in accordance with the criteria established
therein and the annual City budgets, which are approved by the City Council. A
copy of the SE & TP shall be posted on the City's website.
PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF JUNE 2013.
MAYOR
ATTEST:
CITY CLERK
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, CARLA MORREALE, City Clerk of The City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2013-was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on June 4,
2013.
Resolution No. 2013-Page 2 of 3
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CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No. 2013-Page 3 of 3
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Attachment 3
Americans with Disabilities Act (ADA)
Access Barrier Removal
Classification Based on Severity
Access Barrier Severity:
A. Safety Hazard
B. Severe or Complete Barrier
C. Partial Barrier
D. Minor Code Deviation
E. Non-Mandated Access Improvements
A. Potential Safety Hazard
These barriers can potentially create an unsafe condition for persons with a disability. Examples are:
1) "Protruding Objects" -Objects that protrude into a path of travel present a hazard to people with a
vision-related disability unless they can be detected by the sweep of a cane.
2) Absence of tactile warnings (truncated domes) at the edges of Curb Ramps or where pedestrian paths
border a vehicular way. These tactile warnings provide a means to route safely for pedestrians who
rely on white mobility canes, guide dogs, etc.
3) Door openings which have insufficient height or width clearance; door hardware which needs more
than 5 pounds effort to operate
4) Where there is no cane detectable element under overhead obstructions;
5) Where there is no hardware w/ panic device at hallway or exit door;
6) Lack of visual alarms in restrooms.
B. Severe or Complete Barrier
These barriers make access for persons with a disability either extremely difficult or impossible.
Examples are:
1) Where parking spaces are provided for self-parking, but the required number of accessible parking
spaces is not provided.
2) Where curb ramp flare slope exceeds 10%
3) Where there is only one drinking fountain area which is not a "hi-lo" drinking for persons who have
difficulty bending or stooping or wheelchair users.
C. Partial Barrier
These barriers create difficulty in access of persons with a disability. Examples are:
1) Where drinking fountain does not provide at least 27" high accessible knee clearance between the
bottom of the apron and the floor.
2) Lavatory does not provide accessible knee clearance (i.e. at least 27" clearance from the floor to the
underside of the lavatory.
D. Minor Code Deviation
These barriers are minor deviations from code requirements.
E. Non-Mandated Access Improvements
These barriers are generally under draft Federal criteria (as of 2010) to be adopted into law in upcoming
code cycles.
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