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13. ADA Transition PlanC O P E RT 1 N O PUBLIC WORKS DEPARTMENT S11I11IriRI'y AGENDA ITEM !3 Continued to Nov. 2 AGENDA DATE SUBJECT AND ISSiJE Report on the Cupertino Americans with Disabilities Act Transition Plan.. BACKGROUND Existing Transition Plan Title II, Subpart D, Section 35.150(d) of the 1990 Americans -with Disabili#ies Act (ADA) requires that governmental entities make all public facilities accessible and usable. If structural changes to facilities were needed to make a governmental entity's facilities and programs accessible to all who desired to use them, including persons with disabilities, a transition plan setting forth the steps necessary for such changes was required. In order to comply with this ADA requirement, the City of Cupertino adopted an ADA Transition Plan on December 7, 1992. `fhe City's Transition Plan identified physical barriers that limited access to City facilities and programs, outlined methods to be used in removing the barriers, and established a schedule to remove those barriers by January 1995. The criteria established to accomplish the removal of existing barriers were applied to the eight buildings and 14 parks that the City owned at that time, since those buildings and pazks were the facilities where the City's programs. were available. These criteria have been applied since that time to new City facilities, to new construction, and to significant alterations to existing facilities. 7n keeping with ADA guidelines set forth by the federal departments of Transportation (DOT) and Justice (DOJ), the Transition Plan concerned itself not only with removal of barriers to parking, entrances, interior routes, restrooms, as::embly areas, telephones, signage, and the local path of travel around these facilities but also to ttie accessibility of sidewalks and street crossings along major streets. On March 19, 2 999, stab reported to Council that the work that was required to remove the barriers identified in the Transition Plan had .been substantially completed. One ongoing item of compliance with ADA requirements not catalogued and scheduled street by street in the Transition Plan is the installation of wheelchair ramps on the curb returns of street intersections that aze neither on the local path of travel to City facilities nor along major streets_ 13-1 DOT and DOJ have previously interpreted ADA Sections 35.150 and 35.151 to require that wheelchair ramps be installed in conjunction with new street construction and with significant alteration of existing streets. According to ADA guidelines, filling of potholes would not be a significant alteration, but a pavement maintenance sealing or overlay would be. Consistent with these guidelines, from the time that ADA compliance was required 1992, the City has consistently retrofitted existing street corners that adjoin significant- alteration maintenance projects with wheelchair ramps. The current year's pavement maintenance projects, for example, are installing approximately 80 wheelchair ramps in the existing residential neighborhoods in which the projects are taking place_ Uvdating the Transition Plan Upon the recommendation of ABAG, provider of the City's pool liability insurance, staff has engaged ADA program consultant Moore Iacofano Goldsman (MIG) to evaluate the City's current Transition Plan and make recommendations for its update. -MIG has issued a report that sets out a process for surveying existing facilities and department programs for additional-ADA compliance needs. Staff will report to Council on this process in more detail during the approaching budget review and approval. A$AG has recommended that in order to avoid increasing liability, the City become more proactive in setting out a plan for retrofitting street intersections with wheelchair ramps. ABAG suggests that a priority be placed on updating the Transition Plan to provide for a scheduled retrofit of wheelchair ramps beyond those that are now installed in conjunction with new construction and significant alteration of existing streets. This would entail establishing a schedule and providing a budget appropriation in the CIP specifically for the retrofit of existing street intersections with wheelchair ramps. -There is a current need for about 1,000 wheelchair ramp retrofits citywide_ FISCAL IMPACT The current cost of installing the estimated 1,000 wheelchair ramps is about $3,000,000,00_ Taking into account escalation of the cost if the work is spread over a number of years, the actual eventual cost would be greater. If the work were spread over 15 yeazs in the CIP, an annual allocation of $300,000.00 may be sufficient. Staff wilt report on the specific fiscal impact of the ADA Transition Plan update with appropriate recommendations during the mid-year budget review. This report is for the Council's information only and no action is required. - Submitted by:/ ~ / ,/ r ~ / / Approved for submission: Ralph A. Qualls, Jr. David W_ Knapp Director of Public Works City Manager 13-2