HomeMy WebLinkAboutAgenda Report - October 15, 2014 I-01AGENDA ITEM r -
G¡ry or Loor
Gou rrrc¡l Gou M u N rcATroN
TM
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Annual Americans with Disabilities Act (ADA) Committee Report
October 15,2014
Community Development Director
RECOMMENDED ACTION:Receive annual report from City's Americans with Disabilities Act
(ADA) Committee.
BACKGROUND INFORMATION: The Americans with Disabilities Act (ADA), adopted in
1990, is a comprehensive piece of federal legislation
prohibiting discrimination and guarantees people with disabilities
the same opportunities as everyone else to participate in the mainstream of American life, which
includes the right to enjoy employment opportunities, to purchases goods and services, and to
participate in state and local government programs and services,
Similar to the ADA, Section 504 of the Rehabilitation Act of 1973 is a federal law that protects
qualified individuals from discrimination based on their disabilities. The nondiscrimination
requirements of the law apply to employers and organizations that receive financial assistance from
any federal department or agency, including the U.S. Department of Housing and Urban Development
(HUD) and the Federal Transportation Administration (FTA).
Section 504 forbids organizations and employers from excluding or denying individuals with
disabilities an equal opportunity to receive program benefits and services. lt defines the rights of
individuals with disabilities to participate in, and have access to, program benefits and services.
lncluded in these regulations is the requirement to provide and/or allow for effective communication,
to make information and communication accessible to people with hearing, sensory, motor and
cognitive disabilities so that they can participate equally in City programs, services and activities.
PREVIOUS ACTIONS
ln 1992, the City of Lodi established an ADA Committee comprised of representatives from Public
Works, Police, Fire, City Manager's office, Human Resources, Parks & Recreation, and Building
lnspection with the Director of the Community Development Department as the chairperson, The City
completed a self-evaluation of structural barriers; however, a Transition Plan was not approved by the
City Council.
ln August of 2004, it was brought to the attention of City staff by a member of the disabled community
that some City facilities were not in compliance with the ADA. lmmediately after this disclosure, the
City reinstated the ADA Committee with the same Department representation as in 1992, and
expanded that to include a staff representative from the City Attorney's Office and a member of the
disabled community. Another self-evaluation was completed to determine what structural barriers
remained within City facilities. The evaluation was completed by each of the various departments in
.=\aÅ*&-4/,,-fAPPROVED:
d,F*rnen
Schwabauer, dity Manager
V
ADA Comm¡ttee Report
Page 2 of 3
January of 2005. The departments used a checklist using the ADA Accessibility Guidelines (ADAAG)
and the California Building Code (CBC). These efforts led to the development and subsequent City
Council adoption of a Transition Plan in November of 2005.
The focus of the ADA committee in 2005 was to give priority to correcting or improving the
accessibility to Cityfacilities open to large numbers of the general public. Furthermore, the committee
recommended a schedule and method of compliance by maintaining an updated Transition Plan that
would satisfy current ADA guidelines and California Building Code requirements and reflect the City's
desire to continue to provide a realistic approach to bringing its facilities into compliance.
CURRENT ACTIONS
Recent monitoring reviews from both HUD and California Department of Transportation (Caltrans)
have identified specific actions that need to be taken in order to fully comply with ADA Regulations
and requirements. The issues to be addressed fall under the categories of either Programs or
Physical/Facilities.
It should be noted that in their Preliminary Report, Caltrans noted the following three points to Lodi's
benefit:
1 , The foundation of the City's ADA program established in 1992 reflects a willingness to
embrace its obligations to provide equal access to city services by persons with disabilities
since that time. ln that spirit, the City has aggressively pursued grant funds for various city
improvements. Transit Center improvements have been initiated with grant funds from the
Transportation Development Act. A major renovation at Lodi Lake is planned in early 2016
largely due to a grant of $710,000 awarded by the California Division of Boating and
Waterways. lt will include increased accessible pathways, and the City already constructed
the first accessible kayak launch in Northern California.
2. Lodi City staff has exhibited a proactive approach in its practices to ensure that the public is
treated fairly and equally without discrimination, and to promptly address access complaints of
any nature as they arise. ln response to an access issue at the Lodi Grape Bowl, the City and
private citizens have initiated a campaign to raise funds for major improvements which has
generated significant financial support from private donors.
3. The City of Lodi has also demonstrated a commitment to improve facilities for the benefit of its
citizens. lt has invested an average of $150,000 per year over the past 10 years on
pedestrian improvements. A Community Development Block Grant (CDBG funds) will be used
towards handicap ramp improvements at Hutchins Street Square.
ln response to both HUD's and CalTran's preliminary reports, the ADA Committee has been
reinstated once again and reconfigured to include a Citizen Advisory Panel. Together, they are
tasked with the review of the accessibility of city services, programs, facilities and employment.
The ADA Committee will be reviewing relevant City policies, guidelines, procedures, reports and State
and federal legislation and will report back to the Citizen Advisory Panel three times a year and to the
City Council for an annual report each October.
The Citizen Advisory Panel will act as a liaison to community groups, non-profits, governmental
agencies, and individuals in addressing disability issues related to the City of Lodi and assist with the
City's efforts to achieve greater awareness of the ADA throughout the community. The ADA
Committee and the Citizen Advisory Panel will make recommendations to the Lodi City Council with
regard to legislative policy and compliance with the ADA.
ADA Committee Report
Page 3 of 3
The City Manager has designated the following personnel to lead this effort:. City ADA/Section 504 Coordinator - Joseph Wood
o ADA Compliance - Physical/Facilities - Charles Swimley
o ADA Compliance - Programs - Joseph Wood
ADA Comm itteeo Janice Magdich, City Attorney. Jennifer Robison, City Clerk. Jeff Hood, Director - Parks, Recreation and Cultural Services¡ Charlie Swimley, City Engineer/Deputy Public Works Director. Joseph Wood, Community Development - Neighborhood Services. Adele Post, Human Resources Manager. Dennis Canright, Community Development - Building Official. Julia Tyack, Public Works - Transito Matthew Casson, lnformation Systems Division
Citizen Advisorv Panel. Tracy Williams, LOEL Center. Angelica Shear, Valley Mountain Regional Center. Hy Cohen, Community Center for the Blind. Dena Hernandez, Local Board of State Council on Developmental Disabilities. Anna Hjalmer, Community Representative
FUTURE ACTIONS
Our overall goal is to have a draft of a comprehensive Transition Plan available for review by August
1, 2015. Between now and then, the ADA Committee intends to meet regularly to monitor progress
on various tasks and to conduct Public Meetings with the Citizen Advisory Panel three times a year to
solicit review and comments on the actions taken to that point and to respond to public comments and
concerns. An initial, introductory public meeting of the Citizen Advisory Committee was held on
September 24,2014. Additional meetings are scheduled for the following dates:o January 14,2015,o May 13,2015, and. September 9, 2015
A summary of the actions taken to date by the City, as well as the proposed tasks and timeline of the
activities that have been addressed with HUD and Caltrans is attached as Exhibit A.
FISCAL IMPAGT:Not applicable
FUNDING AVAILABLE: Not applicable
,4
n bauerFoA
munity Development Director
Exhibit A – ADA Action Summary and Timeline
Required Action #1
Modify the City’s ADA policy to include the provisions of the ADA and the name and
contact information of the designated City-wide ADA/Section 504 Coordinator.
Ensure that the designated ADA/Section 504 Coordinator has the necessary
knowledge and/or training in ADA/Section 504 physical and program accessibility to
identify policies and practices that present barriers to accessibility and implementing
a plan to correct the deficiencies.
Action Taken
• Designated Neighborhood Services Manager Joseph Wood as the City-wide
ADA/Section 504 Coordinator and the person with overall responsibility and
authority to oversee that compliance issues are addressed.
• Amended ADA Complaint/Grievance form, Grievance Policy document and
ADA Notice document.
Proposed Actions/Timeline
• The necessary training and requirements for certification for the ADA/Section
504 Coordinator are being reviewed and will be scheduled at the earliest
opportunity with a proposed completion date of April 15, 2015.
• The amended ADA Complaint/Grievance form, Grievance Policy document
and ADA Notice document are being translated into Spanish and Urdu, as
well as other alternate accessible formats, with a proposed completion date
of April 15, 2015.
• In addition to the standard posting locations for public notices, the amended
notices will be posted in all departments that have public counters.
Required Action #2
Provide public notification of the revised policy, including the specific name and
contact information of the City ADA/Section 504 Coordinator at highly visible, public
locations. The notification must also be available in alternate, accessible formats.
Proposed Actions/Timeline
• Aside from posting the revised notices in public locations and on the City
website and making them available in alternative, accessible formats, those
changes will be addressed through public meetings with the ADA
Committee/Citizen Advisory Panel scheduled for the following dates:
o September 24, 2014
o January 14, 2015
o May 13, 2015
o September 9, 2015
• There will be an annual report to the City Council beginning October 15,
2014.
ADA Action Summary
Page | 2
2
Required Action #3
Provide a method to record and track access requests, informal and formal disability
discrimination complaints, including a description of steps taken to remove the
alleged barriers and ultimate resolutions.
Proposed Actions/Timeline
• Working to establish an automated data tracking database and expect to
have that in place by January 1, 2015.
Required Action #4
Place top priority on the development of a work plan and timeline for an updated
survey of all city programs, services and facilities. Enlist disability groups to provide
guidance on accessibility features and notify public where it may be found for public
review.
Actions Taken
• Re-established the ADA Committee and assembled a Citizen Advisory Panel
made up of representatives of the community of persons with disabilities and
the agencies and organizations that serve that population.
Proposed Actions/Timeline
• Scheduled the distribution of a Program Self-Evaluation Survey to all
departments in October 2014. Expect to have those returned and under
review by March 1, 2015.
• The ADA Committee will meet monthly to track the progress on all of the
various tasks including the self-evaluation surveys for all city programs,
services and facilities.
• The ADA Committee will conduct public meetings with the Citizen Advisory
Panel every four months to review and receive comment on the data
gathered and work completed to that point.
Required Action #5
Work plan with timeline of expected milestones for the development and
implementation of the Transition Plan which must include, among other
requirements:
a. Identification of physical obstacles that limit accessibility to programs or
activities by persons with disabilities;
b. Methods to make facilities accessible;
c. A schedule for taking steps to meet compliance requirements;
d. Specific compliance milestones for each year of the Transition Plan; and
e. Identify the official responsible for implementation of the plan and persons
with disabilities who participated in its development.
Actions Taken
• Established a target date of August 1, 2015 to have the draft Transition Plan
available for review and comment.
ADA Action Summary
Page | 3
3
Proposed Actions/Timeline
• The City Engineer will develop a timeline for the scheduling of surveys of all
City facilities and the public right-of-way to identify barriers to accessibility.
Available options to remove those barriers, the timeline for completion of
those improvements and the person(s) responsible for implementation of
those improvements will be detailed in the draft Transition Plan that is due
August 1, 2015.
• The City will continue to fund several ADA improvement projects for city
facilities and the public right-of-way, primarily through the Community
Development Block Grant (CDBG) Program.
• Once the Transition Plan is established, progress will be reported through the
public meetings with the ADA Committee/Citizen Advisory Panel and to the
City Council in the Annual Report each October.
Required Action #6
Develop policy and procedures on provisions of effective communication
requirements of Title II of the ADA.
Actions Taken
• Established a list of employees and their work locations that are available for
translation services.
• Commenced the practice of offering oral interpreters at public meetings
related to its administration of CDBG/HOME programs, and other key public
hearings.
Proposed Actions/Timeline
• The City is in the process of reviewing a possible contract with Language
Line Solutions for telephone translation services, for over-the-counter
interaction as well as calls received and calls being made to non-English
speaking persons. Expect to have that in place by January 1, 2015.
• The City will commence the analysis of language needs, leading to the
development of a Language Access Plan (LAP) to facilitate communication
with Limited-English-Proficient persons. The LAP may be conjoined with
existing, similar plans for other city departments, and ultimately form a LAP
applying to multiple city departments. The City expects to have a draft LAP
available for review and comment by August 1, 2015.
Required Action #7
List relay numbers where other public customer service or contact phone numbers
are published in print on documents or in digital format on web pages, particularly in
areas of customer service and public safety. .
Proposed Actions/Timeline
• The City is adding 711 Telecommunication Relay Service information on all
Notices, documents and the City webpage and expects to have that completed
by January 1, 2015.
ADA Action Summary
Page | 4
4
Required Action #8
Ensure telephone emergency services, including 9-1-1 services, provide direct
access to individuals who use a TTD/TTY.
Actions Taken
• Confirmed that the Lodi Police Department’s 9-1-1 automated dispatch system
has the capability to receive communications through TTD/TTY.
Required Action #9
Develop plan to make existing web content accessible, including specific steps and
timeframes. Make accessibility modifications a priority to more popular web pages.
Proposed Actions/Timeline
• Tasked our Information Systems Administrator to do a complete evaluation of
the City web content and to report back recommendations for accessibility
modifications. Progress will be reported through the public meetings held by
the ADA Committee/Citizen Advisory Panel.
• In the process of developing a new ADA webpage on the City website that will
be the main source for all ADA accessibility issues. Each City department
webpage will have a link that accesses the ADA webpage. Expect to have
that completed by January 1, 2015.
Required Action #10
Provide training to ensure staff and contractors responsible for web pages and web
page content development have tools, resources and knowledge on standards,
policy and procedures for web accessibility.
Proposed Actions/Timeline
• The City has tasked the Human Resources Manager to assist with the
development and scheduling of employee workshops on the various elements
of accessibility and effective communications, and the new policies and
procedures associated with them as they are developed. Expect to
commence that training by April 1, 2015.
Required Action #11
Ensure that visitors can request accessible information or services in alternative
means.
Actions Taken
• Ensures that notices and materials can be made available upon request and
that documents can be translated into Spanish or other alternative languages
and formats upon request.
ANNUALADAREPORTPresented byCity’s Americans with Disabilities Act (ADA) CommitteeOctober 2014
•Americans with Disabilities Act (ADA)–Prohibits discrimination and guarantees people with disabilities the same opportunities as everyone else to participate in mainstream American life.•Section 504 of the Rehabilitation Act of 1973–Similar to ADA.–Applies to employers and organizations that receive federal funding.•Protect individuals from being excluded or denied equal opportunity to receive program benefits and services.ADA COMMITTEE REPORT
•Established in 1992•Reinstated in 2005•Reconfigured in 2014–Includes Citizen Advisory Panel•Liaison to community groups, non‐profits, governmental agencies in addressing disability issues.•ADA Committee and Citizen Advisory Panel will make recommendations to the City Council with regard to legislative policy and compliance with the ADA.CITY’S ADA COMMITTEE
•Draft Transition Plan by August 1, 2015•Interim activities:•Develop complaint/grievance tracking database.•Distribute program self‐evaluation surveys.•Conduct evaluation of City facilities.•Coordinator training/certification.•Translation of ADA Notices and Policy documents into Spanish and Urdu.•Develop an ADA webpage and review accessibility of our entire website.ADA COMMITTEE GOALS
•ADA Citizen Advisory Panel –Three Public Meetings•On‐going forum for ADA issues.•Annual Report to Council–Transition Plan will be continuously updated with report back to Council each October.•Questions?ADA COMMITTEE GOALS