CC Exhibit 04-21-15 Item No 16 Update of the City of Cupertino AMericans with Disabilities Act (ADA) Self-Evaluation and Transition Plan CC 4-21-15 Item#16
City of Cupertino
Draft ADA Self-Evaluation and Transition Plan
March 2015
1.0 Introduction
1.1 Executive Summary
This ADA Self-Evaluation and Transition Plan is being prepared to partially fulfill the requirements set
forth in Title II of the Americans with Disabilities Act. The ADA states that a public entity must
reasonably modify its policies, practices, or procedures to avoid discrimination against people with
disabilities.This report will assist the City of Cupertino, and its departments, to identify policy, program,
and physical barriers to accessibility and to develop barrier removal solutions that will facilitate the
opportunity of access to all individuals.
Title II of the ADA emphasizes the accessibility of programs, activities and services. This Plan addresses
these issues by providing recommendations for action steps based on a comprehensive review of
current practices including an on-line questionnaire that was completed by City staff regarding the
delivery of services to the public. This process included every office, department and division that
provides services to the public.
When it is not feasible to provide accessible City programs, activities and services by relocating these
activities to accessible facilities or providing auxiliary aids and services, the ADA requires that the City
complete a Transition Plan describing the physical modifications to facilities that will support accessible
programs.
The Transition Plan described in Chapter 3 is the result of a detailed evaluation of all City of Cupertino
municipal facilities where programs, activities and services are available to the public. Municipal
facilities included in the reports are City buildings and parks. Facilities that are not addressed in this ADA
Title II Plan include private businesses or offices, private schools, County, State or Federal facilities,
places of worship or private clubs.
The facility evaluations were conducted using,the most recent ADA 2010 Standards, the 2013 California
Building Codes, and supplemented by the 2013 ABA Accessibility Guidelines for Outdoor Developed
Areas.These standards were current at the time of the preparation of this document.
The reports do not reflect the dates or history of construction or alterations of the city facilities. In some
cases the items contained in the reports are not required to be remediated because those items were
compliant at the time of construction or alteration, or other options are available to the city to provide
similar accessible programs, activities and services.
The .^&facility reports for City buildings and parks are contained in the Appendices to this report.
Each facility report lists potential barriers, provides information about the relevant State and Federal
codes, includes a planning level cost estimate to remove the barrier, and indicates a barrier removal
priority. The reports do not necessarily reflect actions that the City must undertake, but rather
Introduction Page 1
City of Cupertino
Draft ADA Self-Evaluation and Transition Plan
March 2015
constitute a list of elements that were not consistent with accessibility standards current at the time of
the evaluation.
The Transition Plan is intended to provide a framework for the continuous improvement of City facilities
-for people with disabilities. Barriers in City facilities will be removed systematically, City-wide, based on
established program priorities. It is the intent of the City to address and remove barriers to accessibility
in public buildings and parks based upon on the immediate necessity of programmatic access, degree of
complexity, and overall cost.
A table contained in Chapter 3 describes the schedule for barrier removal in public facilities owned by
the City of Cupertino.This preliminary schedule represents a 10-year plan for barrier removal.
Many of the potential barriers identified are associated with facilities that currently have accessibility
features that serve people with disabilities such as designated parking, accessible restrooms, access
ramps, accessible door hardware and other code compliant and usable features.
The Transition Plan also contains reports of potential barriers observed in the pedestrian rights-of-way
(PROW) adjacent to City facilities and parks. The City has established a 15-year time frame to remove
PROW barriers that limit program accessibility.
The City of Cupertino has designated David Stillman, from the Public Works Department, as its primary
ADA Coordinator. The ADA Coordinator is responsible for coordinating the efforts of the City to comply
with Title II and for investigating any complaints that the City has violated Title II of the ADA. The ADA
Coordinator is also responsible for coordinating the efforts of the City to comply with Title 24 and all
other applicable State and Federal physical and program accessibility requirements.
1.2 Legislative Mandate
The American with Disabilities Act (ADA) is a comprehensive civil rights law for persons with disabilities
in both employment and the provision of goods and services. The ADA states that its purpose is to
provide a "clear and comprehensive national mandate for the elimination of discrimination against
individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and
assumptions about disabilities and to assure equality of opportunity, full participation, independent
living, and economic self-sufficiency for people with disabilities.
The development of a Transition Plan is a requirement of the federal regulations implementing the
Rehabilitation Act of 1973, which requires that all organizations receiving federal funds make their
programs available without discrimination toward people with disabilities. The Act, which has become
known as the "civil rights act" of persons with disabilities, states that:
No otherwise qualified handicapped individual in the United States shall,solely by reason
of handicap, be excluded from the participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance. (Section 504)
Introduction Page 2
City of Cupertino
.Draft ADA Self-Evaluation and Transition Plan
March 2015
1.4 Discrimination and Accessibility
There are two kinds of accessibility:
• Program accessibility; and
• Physical accessibility
Absence of discrimination requires that both types of accessibility be provided. Program accessibility
includes physical accessibility, but also entails all of the policies, practices, and procedures that permit
people with disabilities to participate in programs and to access important information. Physical
accessibility requires that a facility be barrier-free. Barriers include any obstacles that prevent or restrict
the entrance to or use of a facility. Program accessibility requires that individuals with disabilities be
provided an equally effective opportunity to participate in or benefit from a public entity's programs and
services. Program accessibility may be achieved by either structural or non-structural methods. Non-
structural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries,
and provision of services at alternate sites.
When choosing a method of providing program access, the City will give priority to the one that results
in the most integrated setting appropriate to encourage interaction among all users, including
individuals with disabilities. In compliance with the requirements of the ADA, the City must provide
equality of opportunity.
1.5 Undue Burden
The City is not required to take any action that it can demonstrate would result in a fundamental
alteration in,the nature of its program or activity, would create a hazardous condition resulting in a
direct threat to the participant or others, or would represent an undue financial and administrative
burden.
The determination that an undue burden would result must be based on an evaluation of all resources
available for use in the City. For example, if a barrier removal action is judged unduly burdensome, the
City must consider other options for providing access to the benefits and services of the program or
activity by individuals with disabilities.
1.6 Facility Survey
In 2014, the City completed a physical audit of facilities to identify facility baFFieFselements that were
not consistent with current access standards and to identify recommendations and alterations in order
to meet state and federal accessibility standards.The list of facilities surveyed included:
• City-owned parks
• City-owned buildings
• City-owned public-rights-of-way adjacent to City-owned facilities
City-owned public rights-of-way along Stevens Creek Boulevard through the Crossroads area
Introduction Page 4
City of Cupertino r
Draft ADA Self-Evaluation and Transition Plan
March 2015
The facility evaluations were conducted using the most recent ADA 2010 Standards, the 2013 California
Building Codes, and supplemented by the 2013 ABA Accessibility Guidelines for Outdoor Developed
Areas. These standards were current at the time of the preparation of this document. The reports do
not reflect the dates or history of construction or alterations of the city facilities. In some cases the
items contained in the reports are not required to be remediated because those items were compliant
at the time of construction or alteration, or other options are available to the city to provide similar
accessible programs, activities and services.
1.7 Construction Tolerances
The ADA and California Building Code reflect the need for small variations between the standards and
the resulting constructed feature. The California Building Code states that all dimensions are subject to
conventional industry tolerances except where the requirement is stated as a range with specific
minimum and maximum end points.
Application of conventional industry tolerances must be on a case-by-case, project-by-project basis.
Predetermined guidelines for construction tolerances could unnecessarily encourage contractors and
others to deviate from the access regulations found in the CBC and may wrongfully be viewed by some
to have the effect of law.
Conventional building industry tolerances include those for field conditions and those that may be a
necessary consequence of a particular manufacturing process. Recognized tolerances are not intended
to apply to design work.
The reports contained in the Appendices do not reflect the application of construction tolerances. The
City will evaluate the application of construction tolerances on a case by case basis when alterations or
barrier remediation actions are undertaken.
1.78 Self-Evaluation
In 2014, the City of Cupertino evaluated its policies, programs, and procedures to determine current
levels of service and the extent to which its policies and programs created barriers to accessibility for
persons with disabilities.
An online questionnaire administered to department staff provided information on the nature of the
program, forms and methods used to advertise the program's services and activities, a profile of current
participants, the types of equipment and materials used, testing and entrance requirements, the level of
staff training, and any special modifications provided. Questionnaires were distributed and received
from the following:
Introduction Page 5
City of Cupertino
Draft ADA Self-Evaluation and Transition Plan
March 2015
3.2 Pedestrian Rights-of-Way (PROW)
A. Overview of the PROW
The ADA addresses accessible pedestrian rights of way where sidewalks are provided by the City of
Cupertino. The ADA does not mandate the installation of sidewalks, but does require curb ramps at
intersections where existing sidewalks are provided on both sides of the roadway.
The City's General Plan outlines the City's desire and steps to provide safe and convenient pedestrian
circulation connections. Guidelines for improving pedestrian circulation include identifying a citywide
pedestrian circulation grid and making connections between existing facilities within the system to
provide access between residential, recreational, and commercial locations. Other improvements aim to
improve safe routes to school, timed pedestrian crossings at traffic signals, and improved pedestrian
facilities.
B.Surveys of Existing PROW Conditions
For the ADA Transition Plan, the City completed a study that included sidewalks and curb ramps
associated with the PROW of City-owned facilities and along a section of Stevens Creek Boulevard.
Further evaluation of pedestrian facilities will be conducted based on the priorities listed below.
The right-of-way evaluations were conducted using the most recent ADA 2010 Standards, the 2013
California Building Codes.These standards were current at the time of the preparation of this document.
The reports do not reflect the dates or history of construction or alterations of the city ROW. In some
cases the items contained in the reports are not required to be remediated because those items were
compliant at the time of construction or alteration, or other options are available to the city to provide
equivalent access.
The reports for the City ROW evaluated for this Transition Plan are contained in the Appendices. Each
report lists potential barriers provides information about the relevant State and Federal codes, includes
a planning level cost estimate to remove the barrier, and indicates a priority. The reports to do not
necessarily reflect actions that the City must undertake, but rather constitute a list of elements that
were not consistent with accessibility standards current at the time of the evaluation.
C.Pedestrian Rights-of-Way Prioritization
Under Title II of the ADA, a City is not necessarily required to construct curb ramps at every point where
a sidewalk intersects a curb. Traffic safety considerations may make construction of ramps at some
locations undesirable. Alternative routes to buildings that make use of existing curb ramps may be
acceptable under the concept of program accessibility in the limited circumstances where individuals
with disabilities need only travel a marginally longer route. In addition, the undue financial or
administrative burden limitation recognized by Title II of the ADA may limit the number of curb ramps
that the City is required to provide.
Some locations have constraints such as limited right-of-way width, existing utility structures or lines,
and technical constrains that may result in a curb ramp that cannot meet the ADA or CBC standards.
ADA Transition Plan Page 40
City of Cupertino
Draft ADA Self-Evaluation and Transition Plan
March 2015
The ADA and California Building Code reflect the need for small variations between the standards and
the resulting constructed feature. The California Building Code states that all dimensions are subject to
conventional industry tolerances except where the requirement is stated as a range with specific
minimum and maximum end points.
Application of conventional industry tolerances must be on a case-by-case, project-by-project basis.
Predetermined guidelines for construction tolerances could unnecessarily encourage contractors and
others to deviate from the access regulations found in the CBC and may wrongfully be viewed by some
to have the effect of law.
Conventional building industry tolerances include those for field conditions and those that may be a
necessary consequence of a particular manufacturing process. Recognized tolerances are not intended
to apply to design work.
The reports contained in the Appendices do not reflect the application of construction tolerances. The
City will evaluate the application of construction tolerances on a case by case basis when alterations or
barrier remediation actions are undertaken.
The City will prioritize PROW projects in the following order:
1. Pedestrian barriers identified by City staff or members of the public
2. Government offices and facilities
3. Bus stops and transportation facilities
4. Places of public accommodation such as commercial and business areas
5. Facilities containing employers
6. Other areas such as residential neighborhoods and underdeveloped regions of the City.
Additional criteria for prioritization may be developed for replacing existing curb ramps. For example:
• Repair of hazardous conditions
• Distance from a City-operated program or building
• Distance from a bus stop
• Proximity to a facility serving disabled clients
• Level of pedestrian traffic
• Lack of feasible alternate routes
• Distance from non-City owned public facilities
D.Time Period for Pedestrian Rights-of-Way Improvements
The City has established a 15-year time frame to remove PROW barriers that limit program accessibility.
Funding improvements for pedestrian facilities is costly and competitive for State and Federal funding
sources. Pedestrian improvements are often paired with other roadway improvements, Safe routes to
School projects and Capital Improvement Projects.The ADA Title II regulations states that if a Transition
Plan will take more than one year to fully implement, it must contain interim steps that will be done to
provide program accessibility.
ADA Transition Plan Page 41
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ADA Self-Evaluation and
Transition Plan
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The Americans with Disabilities Act
• The Americans with ill
Disabilities Act (ADA) is a s
civil rights law that
mandates equal opportunity
for individuals with g
disabilities.
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CC 4/21/2015 Item #16 ti
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The Americans with Disabilities Act
Equality in Access
• The primary responsibility of public agencies with
regard to the ADA is to provide equal access to
PROGRAMS, SERVICES, &ACTIVITIES
Qptions for providing accessible services
• Make needed alterations to the facility
• Provide the same City service in an accessible
alternative location
• Provide aids or services to assist the individual
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ADA Transition Plan
The Transition Plan
• Identifies all physical barriers in public
areas of City facilities
• Describes the barrier removal solutions for
accessibility improvements
• Establishes planning level cost estimates
and a timeline for improvements
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CC 4/21/2015 Item #16
� Highlights of Self-Evaluation and
Transition Plan
• Description of ADA legislative mandate
• Self-Evaluation findings
• City policy review and recommendations
• City facility and right-of-way surveys
• Recommendations for removal of barriers,
including prioritization f
• ADA complaint procedure
• Accessibility guidelines and resources
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..R,o Prioritization of ADA Improvements
• Established criteria for prioritization
• Used priorities to establish a
schedule for removing barriers e
Criteria used for prioritizing access
improvements:
• Level of use by the public;
• Program uniqueness;
• Geographic distribution;
• Other Factors: Identified accessibility complaints,
future plans, etc.
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CC 4/21/2015 Item #16 t
Facility Survey Report Reference Map
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•....• ADA Transition Plan
Pedestrian Rights-of-Ways...
Survey
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• Conducted a survey of ��;' d
pedestrian features adjacent to
City facilities
• Reviewed City policies and
design standards
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CC 4/21/2015 Item #16
.E. ADA Self-Evaluation and Transition
Plan
Next Steps
• Work with City Departments to implement
recommendations
• Public Works Maintenance to address
physical barriers to public access
• Develop operating and CIP budget to address
long term removal of barriers, within City
facilities and rights-of-way
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