HomeMy WebLinkAboutCC Resolution 11595 (Settlement Agr. with US DOJ)RESOLUTION NO. 11595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING A SETTLEMENT AGREEMENT WITH THE
UNITED STATES DEPARTMENT OF JUSTICE AS PART OF THE
DEPARTMENT'S PROJECT CIVIC ACCESS, AND AUTHORIZING
THE MAYOR TO EXECUTE SUCH AGREEMENT.
WHEREAS, the United States Department of Justice has completed a compliance review
of the City of San Rafael's facilities and programs under Title II of the Americans with Disabilities
Act (ADA) as part of the Department's Project Civic Access program; and
WHEREAS, the Department of Justice contends that certain City facilities and programs
do not comply with the accessibility requirements in the ADA and the adopted ADA regulations,
which position is contested by the City of San Rafael; and
WHEREAS, the Department of Justice and the City of San Rafael wish to enter into a
Settlement Agreement to resolve their differing positions over these ADA accessibility issues, and
to avoid the time and expense of any further administrative or judicial proceedings regarding these
issues;
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the proposed
Settlement Agreement with the United States Department of Justice as part of the Department's
Project Civic Access, in a form to be approved by the City Attorney, and authorizes the Mayor to
execute such Settlement Agreement and any related documents on behalf of the City.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 6th day of July, 2004, by the following vote to wit:
AYES: Councilmembers: Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen
JEAWE-M. LLEONCM, City Clerk
AJ
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
THE CITY OF SAN RAFAEL, CALIFORNIA
UNDER THE AMERICANS WITH DISABILITIES ACT
BACKGROUND
DJ# 204-11-272
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a
compliance review of the City of San Rafael (City) under title II of the Americans with
Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing
regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department
of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42,
Subpart G.
The review was conducted by the Disability Rights Section of the Department's Civil
Rights Division and focused on the City's compliance with the following title II requirements:
X to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and
make modifications necessary to comply with the Department's title II regulation, 28
C.F.R. § 35.105;
X to notify applicants, participants, beneficiaries, and other interested persons of their rights
and the City's obligations under title II and the Department's regulation, 28 C.F.R. §
35.106;
X to designate a responsible employee to coordinate its efforts to comply with and carry out
the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
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X to establish a grievance procedure for resolving complaints of violations of title H, 28
C.F.R. § 35.107(b);
X to operate each program, service, or activity so that, when viewed in its entirety, it is
readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
X delivery of services, programs, or activities in alternate ways, including, for
example, redesign of equipment, reassignment of services, assignment of aides,
home visits, or other methods of compliance or, if these methods are not effective
in making the programs accessible,
X physical changes to buildings (required to have been made by January 26, 1995),
in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and
the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A,
or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6,
App. A.
X to ensure that facilities for which construction or alteration was begun after January 26,
1992, are readily accessible to and usable by people with disabilities, in accordance with
1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
X to ensure that communications with applicants, participants, and members of the public
with disabilities are as effective as communications with others, including furnishing
auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
X to provide direct access via TTY (text telephone) or computer -to -telephone emergency
services, including 9-1-1 services, for persons who use TTY's and computer modems, 28
C.F.R. § 35.162;
X to provide information for interested persons with disabilities concerning the existence
and location of the City's accessible services, activities, and facilities, 28 C.F.R. §
35.163(a); and
X to provide signage at all inaccessible entrances to each of its facilities, directing users to
an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following facilities,
which — because construction or alterations commenced after January 26, 1992 — must comply
with the ADA's new construction or alterations requirements:
1. Court Street Plaza
2. Public Works Headquarters
3. Albert Park: Bocce Federation office and court
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4. Albert Park: Parkside Children's Center
5. Parking Structure at Third and C Streets (based on architectural plans)
6. Cuthbert Building
7. Pickleweed Park: Childcare mobile units
The Department's program access review covered those of the City's programs, services,
and activities that operate in the following facilities:
8. Library
9. City Hall
10. Pickleweed Park Community Center
11. Terra Linda Community Center
12. San Rafael Community Center
13. Falkirk Mansion
14. Boyd House and Park
15. Albert Park: Baseball field and play area
16. Oleander Park
17. Bret Harte Park
18. Gerstle Park
19. Terra Linda Pool
20. Freitas Park
21. Bernard Hoffman Park
22. Beach Park
23. Sun Valley Park
24. Santa Margarita Park
25. McInnis Park (owned by County of Marin)
26. Menzies lot
27. Lootens parking structure (3rd and Lootens)
28. Third and Cijos lot
29. Third and Lootens lot ("Walgreens lot")
30. Fifth and D lot
31. Lootens and Commercial lot
32. Fifth and Lincoln lot
33. Fifth and C parking structure
34. Second Street lot
35. West end of Fourth lot
36. Fifth at Lootens lot
37. A Street parking structure
The Department reviewed the City's policies and procedures regarding emergency
management and disaster prevention, and sidewalk maintenance to evaluate whether persons
with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the City's Police Department's policies and procedures
regarding providing effective communication to persons who are deaf or hard -of -hearing.
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JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42
U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the
compliance of the City with title H of the ADA and the Department's title II
implementing regulation, to issue findings, and, where appropriate, to negotiate and
secure voluntary compliance agreements. Furthermore, the Attorney General is
authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA
should the Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City's
compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and,
where appropriate, to negotiate and secure voluntary compliance agreements.
Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§
42.530 and 42.108-110, to suspend or terminate financial assistance to the City provided
by the Department of Justice should the Department fail to secure voluntary compliance
pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States
under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and the City of San
Rafael, California.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the
parties enter into this Agreement.
G. In consideration of, and consistent with, the terms of this Agreement, the Attorney
General agrees to refrain from filing a civil suit in this matter regarding all matters
contained within this Agreement, except as provided in the section entitled
"Implementation and Enforcement."
7. By entering into this Agreement, the City does not admit liability on any issue.
ACTIONS TAKEN BY THE CITY OF SAN RAFAEL
8. The City appointed its first ADA Coordinator on January 21, 1992. Since then, the ADA
Coordinator has monitored implementation of the Transition Plan in conjunction with the
City's annual budget process, which has allocated approximately S 100,000 per year to
improve accessibility in the City.
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9. The City adopted an ADA Grievance Procedure on March 16, 1992.
10. The City completed its Self Evaluation and Transition Plan in September 1994,
prioritized architectural barrier removal based on usage of the facility, and has been
working steadily to provide program access to persons with disabilities.
11. In 1995, the City distributed an Accessibility Handbook, which outlined the City's
policies for providing auxiliary aids and services to persons with disabilities to ensure
effective communication for persons with visual or hearing impairments.
12. Subsequent to the Transition Plan, and pursuant to the Curb Ramp Addendum adopted
therewith, the City adopted a City Sidewalk Project, which has spent $500,000
exclusively on curb ramp improvements. The City has allocated a total of $230,000 for
such projects during 2004-2005 fiscal years.
13. On all City Council, Planning Commission and Redevelopment Agency agendas, the City
provides public notice that auxiliary aids, such as sign language interpreters and assistive
listening devices, are available upon request for such meetings.
14. The City states on job announcements that reasonable accommodations may be made for
individuals with disabilities.
15. Each of the City's 9-1-1 call stations, which are located in the Police Department's
Dispatch Center, has been equipped since 1992 with TTY capabilities, originally with
TTY equipment, and since 2001 with software incorporated into the Dispatch Center's
computerized VESTA telephone system.
16. As incoming 9-1-1 calls are picked up by a Police Department Dispatcher occupying one
of the 9-1-1 call stations, the Dispatcher's computerized VESTA telephone system
automatically prints the text of the incoming TTY message on the Dispatcher's computer
screen. The Police Department's Dispatchers are trained to respond to these incoming
TTY messages by sending out appropriate TTY messages as quickly as the incoming
messages have been received.
REMEDIAL ACTION
NOTIFICATION
17. Within six months of the effective date of this Agreement, the City will adopt the
attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a
local newspaper of general circulation serving the City; post the Notice on its Internet
Home Page; and post copies in conspicuous locations in its public buildings. It will
refresh the posted copies, and update the contact information contained on the Notice, as
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necessary, for the life of this Agreement. Copies will also be provided to any person
upon request.
18. Within three months of the effective date of this Agreement, and on yearly anniversaries
of this Agreement until it expires, the City will implement and report to the Department
its written procedures for providing information for interested persons with disabilities
concerning the existence and location of the City's accessible programs, services, and
activities.
GRIEVANCE PROCEDURE
19. Within six months of the effective date of this Agreement, the City will adopt the
attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and
post copies of it in conspicuous locations in each of its public buildings. It will refresh
the posted copies, and update the contact information contained on it, as necessary, for
the life of the Agreement. Copies will also be provided to any person upon request.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
20. Within six months of the effective date of this Agreement, the City will identify sources
of qualified sign language and oral interpreters, real-time transcription services, and
vendors that can put documents in Braille, and within one year will implement and report
to the Department its written procedures, with time frames, for fulfilling requests from
the public for sign language or oral interpreters, real-time transcription services, and
documents in alternate formats (Braille, large print, cassette tapes, etc.).
21. Within six months of the effective date of this Agreement, the City will take steps to
ensure that all appropriate employees are trained and practiced in using the California
Relay Service to make and receive calls.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
22. Within six months of the effective date of this Agreement, the City will adapt for its own
use and implement the City of San Rafael's Police Department Policy Statement on
Effective Communication with People Who are Deaf or Hard of Hearing (Attachment C)
and distribute to all police officers the Guide for Law Enforcement Officers When in
Contact with People Who are Deaf or Hard of Hearing (Attachment D).
23. Within six months of the effective date of this Agreement, the City will contract with one
or more local qualified oral/sip language interpreter agencies to ensure that the
interpreting services will be available on a priority basis, twenty-four hours per day,
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seven days a week, to its police officers or make other appropriate arrangements (such as
contracting directly with or hiring qualified interpreters).
24. Within six months of the effective date of this Agreement, the City will ensure that each
police station is equipped with a working TTY to enable persons who are deaf, hard of
hearing, or who have speech impairments to make outgoing telephone calls.
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EMERGENCYMANA GEMENT PROCEDURES AND POLICIES
25. The City has a collaborative agreement with the American Red Cross to provide
emergency services at the San Rafael Community Center, the Pickleweed Park
Community Center, and the Terra Linda Community Center ("City Shelters"). In
connection with that agreement, the City will ensure that the following provisions are met
with regard to the City Shelters or any successor shelter designated by the City:
26. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that it regularly solicits and
incorporates input from persons with a variety of disabilities and those who serve them
regarding all phases of its Emergency Operations Plan.
27. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that its community evacuation
plans enable those who have mobility impairments, vision impairments, hearing
impairments, cognitive disabilities, mental illness, or other disabilities to safely self -
evacuate or be evacuated by others. The City plan should address accessible
transportation needs for persons with disabilities.
28. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that if the City acquires
emergency warning systems that use sirens or other audible alerts, then it will also
provide ways to inform persons with hearing impairments of an impending disaster. The
use of auto -dialed TTY messages to pre -registered individuals who are deaf or hard of
hearing, text messaging, e-mails, open -captioning on local TV stations and other
innovative uses of technology may be incorporated into such procedures, as well as
lower -tech options such as dispatching qualified sign language interpreters to assist with
emergency TV broadcasts.
29. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that at least one emergency
City Shelter has a back-up generator and a way to keep medications refrigerated (such as
a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons
whose disabilities require access to electricity and refrigeration, for example, for using
life-sustaining medical devices, providing power to motorized wheelchairs, and
preserving certain medications, such as insulin, that require refrigeration. The written
procedures will include a plan for notifying persons of the location of such shelter(s).
30. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written procedures that ensure that at one emergency City
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Shelter, persons who use service animals are not separated from their service animals
when sheltering during an emergency, even if pets are normally prohibited in shelters.
The procedures will not unnecessarily segregate persons who use service animals from
others but may take into account the potential presence of persons who, for safety or
health reasons, should not be in contact with certain types of animals.
31. Some of the emergency shelters located in the City may be owned or operated by other
public entities subject to title H or by public accommodations subject to title III and, as
such, are subject to the obligation to provide program access or remove barriers to
accessibility under the ADA. This Agreement does not limit such future enforcement
action against the owners or operators of these facilities by any person or entity,
including the Department.
32. Within one year of the effective date of this Agreement and until all emergency City
Shelters have accessible parking, exterior routes, entrances, interior routes to the shelter
area, and toilet rooms serving the shelter area, the City will identify and widely publicize
to the public and to persons with disabilities and the organizations that serve them the
most accessible emergency City Shelter.
33. To the extent that the City provides opportunities for post -emergency temporary housing
to its residents, within one year of the effective date of this Agreement, it will develop,
implement, and report to the Department its plans for providing equivalent opportunities
for accessible post -emergency temporary housing to persons with disabilities. Within
one year of the effective date of this Agreement, the City will ensure that information it
makes available regarding temporary housing includes information on accessible housing
(such as accessible hotel rooms within the community or in nearby communities) that
could be used if people with disabilities cannot immediately return home after a disaster
if, for instance, necessary accessible features such as ramps or electrical systems have
been compromised.
SIDEWALKS
34. Within one year of the effective date of this Agreement, the City will implement and
report to the Department its written process for soliciting and receiving input from
persons with disabilities regarding the accessibility of its sidewalks, including, for
example, requests to add curb cuts at particular locations.
35. Within one year of the effective date of this Agreement, the City will identify and report
to the Department all streets, roads, and highways that have been constructed or altered
since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is
considered an alteration for the purposes of this Agreement. Filling a pothole is not
considered an alteration for the purposes of this Agreement. Within 10 years and six
months of the effective date of this Agreement, the City will provide curb ramps or other
sloped areas complying with the Standards or UFAS at all intersections of the streets,
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roads, and highways identified under this paragraph having curbs or other barriers to
entry from a street level pedestrian walkway.
36. Beginning no later than six months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or UFAS at
any intersection having curbs or other barriers to entry from a street level pedestrian
walkway, whenever a new street, road, or highway is constructed or altered.
37. Within six months of the effective date of this Agreement, the City will identify all street
level pedestrian walkways that have been constructed or altered since January 26, 1992.
Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of
this Agreement. Within 10 years and six months of the effective date of this Agreement,
the City will provide curb ramps or other sloped areas complying with the Standards or
UFAS at all places where a street level pedestrian walkway identified under this
paragraph intersects with a street, road, or highway.
38. Beginning no later than six months after the effective date of this Agreement, the City
will provide curb ramps or other sloped areas complying with the Standards or UFAS at
all newly constructed or altered pedestrian walkways where they intersect a street, road,
or highway.
WEB -BASED SERVICES AND PROGRAMS
39. Within six months of the effective date of this Agreement, and on subsequent
anniversaries of the effective date of this Agreement, the City will distribute to all
persons — employees and contractors — who design, develop, maintain, or otherwise have
responsibility for content and format of its website(s) or third party websites used by the
City (Internet Personnel) the technical assistance document, "Accessibility of State and
Local Government Websites to People with Disabilities," which is Attachment E to this
Agreement (it is also available at www.ada.Rov/websites2.htm).
40. Within six months of the effective date of this Agreement, and throughout the life of the
Agreement, the City will do the following:
A. Establish, implement, and post online a policy that its web pages will be
accessible and create a process for implementation;
B. Ensure that all new and modified web pages and content are accessible;
C. Develop and implement a plan for making existing web content more accessible;
D. Provide a way for online visitors to request accessible information or services by
posting a telephone number or e-mail address on its home page; and
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E. Periodically (at least annually) enlist persons with disabilities to test its pages for
ease of use.
PHYSICAL CHANGES TO FACILITIES AND PROGRAMACCESSIBILITY
41. It is the Department's position that the elements or features of the City's facilities that do
not comply with the Standards, including those listed in Attachments F, G, and H, could
prevent persons with disabilities from fully and equally enjoying the City's services,
programs, or activities and could constitute discrimination on the basis of disability
within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150. The City
contests this position and enters into this Agreement and agrees to take the actions
described herein in order to avoid the expense of litigation.
42. The City will comply with the cited provisions of the Standards when taking the actions
required by this Agreement.
43. Within six months of the effective date of this Agreement, the City will install signage as
necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that
are the subject of this Agreement for the purpose of identifying those that have multiple
entrances not all of which are accessible.
44. Newlv Constructed Facilities: In order to ensure that the spaces and elements in City
facilities for which construction was commenced after January 26, 1992, are readily
accessible to and usable by persons with disabilities, the City will take the actions listed
in Attachment F within 3 years of the date of this Agreement.
45. Altered Facilities: In order to ensure that the spaces and elements in City facilities for
which alterations commenced after January 26, 1992, are readily accessible to and usable
by persons with disabilities, the City will take the actions listed in Attachment G within 3
years of the date of this Agreement.
46. Program Access in San Rafael's Existing Facilities: In order to ensure that each of the
City's programs, services, and activities operating at a facility that is the subject of this
Agreement, when viewed in its entirety, is readily accessible to and usable by persons
with mobility impairments, the City will take the actions listed in Attachment H within 5
years of the date of this Agreement.
MISCELLANEOUS PROVISIONS
47. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective
date of this Agreement until it expires, the City will submit written reports to the
Department summarizing the actions the City has taken pursuant to this Agreement.
Reports will include detailed photographs showing measurements, architectural plans,
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work orders, notices published in the newspaper, copies of adopted policies, and proof of
efforts to secure funding/assistance for structural renovations or equipment.
48. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City
will maintain the accessibility of its programs, activities, services, facilities, and
equipment, and will take whatever actions are necessary (such as routine testing of
accessibility equipment and routine accessibility audits of its programs and facilities) to
do so. This provision does not prohibit isolated or temporary interruptions in service or
access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
49. Within six months of the effective date of this Agreement, the City will develop or
procure a one-hour training program on the requirements of the ADA and appropriate
ways of serving persons with disabilities. The City will use the ADA technical assistance
materials developed by the Department and will consult with interested persons,
including individuals with disabilities, in developing or procuring the ADA training
program.
50. Within one year of the effective date of this Agreement, the City will deliver its training
program to all City employees whose duties normally involve direct contact with
members of the public. At the end of that period, the City will submit a copy of its
training curriculum and materials to the Department, along with a list of employees
trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
51. If at any time the City desires to modify any portion of this Agreement because of
changed conditions making performance impossible or impractical or for any other
reason, it will promptly notify the Department in writing, setting forth the facts and
circumstances thought to justify modification and the substance of the proposed
modification. Until there is written Agreement by the Department to the proposed
modification, the proposed modification will not take effect. These actions must receive
the prior written approval of the Department, which approval will not be unreasonably
withheld or delayed.
52. The Department may review compliance with this Agreement at any time. If the
Department believes that the City has failed to comply in a timely manner with any
requirement of this Agreement without obtaining sufficient advance written agreement
with the Department for a modification of the relevant terms, the Department will so
notify the City in writing and it will attempt to resolve the issue or issues in good faith. If
the Department is unable to reach a satisfactory resolution of the issue or issues raised
within 30 days of the date it provides notice to the City, it may institute a civil action in
federal district court to enforce the terms of this Agreement, or it may initiate appropriate
steps to enforce title II and section 504 of the Rehabilitation Act.
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53. For purposes of the immediately preceding paragraph, it is a violation of this Agreement
for the City to fail to comply in a timely manner with any of its requirements without
obtaining sufficient advance written agreement with the Department for an extension of
the relevant time frame imposed by the Agreement.
54. Failure by the Department to enforce this entire Agreement or any provision thereof with
regard to any deadline or any other provision herein will not be construed as a waiver of
the Department's right to enforce other deadlines and provisions of this Agreement.
55. This Agreement is a public document. A copy of this document or any information
contained in it will be made available to any person by the City or the Department on
request.
56. This Agreement constitutes the entire agreement between the parties on the matters raised
herein, and no other statement, promise, or agreement, either written or oral, made by
either party or agents of either party, that is not contained in this written Agreement
(including its Attachments, which are hereby incorporated by reference), will be
enforceable. This Agreement does not purport to remedy any other potential violations of
the ADA or any other federal law. This Agreement does not affect the City's continuing
responsibility to comply with all aspects of the ADA and section 504 of the
Rehabilitation Act.
57. This Agreement will remain in effect for five years, except that paragraphs 34 - 38, 47 -
48, and 51 - 59 shall remain in effect for ten years and six months, or until six months
after the actions in paragraphs 35 and 37 have been completed, whichever occurs first.
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58. The person signing for the City represents that he or she is authorized to bind the City to
this Agreement.
59. The effective date of this Agreement is the date of the last signature below.
For the City of San Rafael: For the United States:
.
y: 2B� I TJ.09
:WO
Date: July 19, 2004
ATTEST:
JE LEONCM, Ci y Clerk
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, City Attorney
R. ALEXANDER ACOSTA,
Assistant Attorney General for Civil Rights
By/1�,/�'L�J 4
JOHN L. V/ODATCiI, Chief
JEANINE WORDEN, Deputy Chief
ELIZABETH BACON, Supervisory Attorney
HILARY L. MARTINSON, Attorney Advisor
MARILYN CRANDALL, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, D.C. 20530
Date:
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NOTICE UNDER 'I'HE AMERICANS
WITH DISABILITIES ACT
In accordance with the requirements of title II of the
Americans with Disabilities Act of 1990, the City of San Rafael (City) will not
discriminate against qualified individuals with disabilities on the basis of disability in
the City's services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment
practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity
Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so they can
participate equally in the City's programs, services, and activities, including qualified sign language
interpreters, documents in Braille, and other ways of making information and communications
accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all
City programs, services, and activities. For example, individuals with service animals are welcomed
in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of
policies or procedures to participate in a City program, service, or activity, should contact the office
of the ADA Coordinator as soon as possible, but no later than 48 hours before the scheduled event:
Ken Nordhoff, 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915; Phone: 415-485-3054;
Fax: 415-485-3100; TTY: 415-485-3198; e-mail: Ken.Nordhoffna.ci.san-rafael.ca.us.
The ADA does not require the City to take any action that would fundamentally alter the nature of its
programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities
should be directed to Ken Nordhoff, ADA Coordinator (contact information above).
The City will not place a surcharge on a particular individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that are open to the public but are
not accessible to persons who use wheelchairs.
City of San Rafael, California
Grievance Procedure under
the Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of
1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of
disability in the provision of services, activities, programs, or benefits by the City of San Rafael (City).
The City's Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name,
address, phone number of complainant and location, date, and description of the problem. Alternative
means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made
available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later
than 60 calendar days after the alleged violation to:
Ken Nordhoff, ADA Coordinator, 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915; Phone:
415-485-3054; Fax: 415-485-3100; TTY: 415-485-3198; e-mail: Ken.Nordhoff@ci.san-rafael.ca.us.
Within 15 calendar days after receipt of the complaint, Ken Nordhoff, or his designee will meet with the
complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting,
Ken Nordhoff, or his designee will respond in writing, and where appropriate, in format accessible to the
complainant, such as large print, Braille, or audio tape. The response will explain the position of the City
and offer options for substantive resolution of the complaint.
If the response by Ken Nordhoff or his designee does not satisfactorily resolve the issue, the complainant
and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the
City Manager, or his designee.
Within 15 calendar days after receipt of the appeal, the City Manager or his designee will meet with the
complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting,
the City Manager or his designee will respond in writing, and, where appropriate, in a format accessible to
the complainant, with a final resolution of the complaint.
All written complaints received by the ADA Coordinator or his designee, appeals to the City Manager or
his designee, and responses from these two offices will be retained by the City for at least three years.
Page 1 of 1
City of San Rafael Police Department
POLICY STATEMENT REGARDING
EFFECTIVE COMMUNICATION WITH
PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEW
It is the policy of this law enforcement agency (Agency) to ensure that a consistently high
level of service is provided to all community members, including those who are deaf or hard of
hearing. This Agency has specific legal obligations under the Americans with Disabilities Act
and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency
instructs its officers and employees as follows:
People who identify themselves as deaf or hard of hearing are entitled to a level of
service equivalent to that provided hearing persons.
The Agency will make every effort to ensure that its officers and employees
communicate effectively with people who have identified themselves as deaf or
hard of hearing.
Effective communication with a person who is deaf or hard of hearing involved in
an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in
ascertaining what actually occurred, the urgency of the matter, and type of
situation.
Various types of communication aids — known as "auxiliary aids and services" —
are used to communicate with people who are deaf or hard of hearing. These
include use of gestures or visual aids to supplement oral communication; an
exchange of written notes; use of a computer or typewriter; use of assistive
listening devices (to amplify sound for persons who are hard of hearing); or use of
qualified oral or sign language interpreters.
The type of aid that will be required for effective communication will depend on
the individual's usual method of communication, and the nature, importance, and
duration of the communication at issue.
In many circumstances, oral communication supplemented by gestures and visual
Attachment C to Settlement Agreement behveen the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 1 of 4
aids, an exchange of written notes, use of a computer or typewriter, or use of an
assistive listening device may be effective. In other circumstances, qualified sign
language or oral interpreters are needed to communicate effectively with persons
who are deaf or hard of hearing. The more lengthy, complex, and important the
communication, the more likely it is that a qualified interpreter will be required
for effective communication with a person whose primary means of
communication is sign language or speech reading. For example:
— If there has been an incident and the officer is conducting witness
interviews, a qualified sign language interpreter may be required to
communicate effectively with someone whose primary means of
communication is sign language.
— If a person is asking an officer for directions to a location, gestures and
an exchange of written notes will likely be sufficient to communicate
effectively and a sign language interpreter is often not required.
To serve each individual effectively, primary consideration should be given to the
communication aid or service that works best for that person. Officers must ask
persons who are deaf or hard of hearing what type of auxiliary aid or service they
need. Officers must defer to those expressed choices, unless there is another
equally effective way of communicating, given the circumstances, length,
complexity, and importance of the communication, as well as the communication
skills of the person who is deaf or hard of hearing.
The Agency is not required to provide a particular auxiliary aid or service if doing
so would fundamentally alter the nature of the law enforcement activity in
question, or if it would cause an undue administrative or financial burden. Only
the Agency head or his or her designee may make this determination. For
example:
— If the Agency has limited financial resources and
providing a particular auxiliary aid would cost a large sum of money, the
Agency head may determine that it would be an undue financial burden
(note: the Agency's budget as a whole must be considered). In this
situation, the most effective means of communication that does not
involve an undue burden must be used.
The input of people who are deaf or hard of hearing who are involved in incidents
is just as important to the law enforcement process as the input of others. Officers
must not draw conclusions about incidents unless they fully understand -- and are
understood by -- all those involved, including persons who are deaf or hard of
Attachment C to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 2 of 4
hearing.
People who are deaf or hard of hearing must never be charged for the cost of an
auxiliary aid or service needed for effective communication.
ON-CALL INTERPRETIVE SERVICES
The Agency will maintain a list of sign language and oral interpreting services
that are available (on-call 24 hours per day) and willing to provide qualified
interpreters as needed. Each of these services will be chosen after having been
screened for the quality and skill of its interpreters, its reliability, and other factors
such as cost. The Agency will update this list annually.
A qualified sign language or oral interpreter is one who is able to interpret
effectively, accurately, and impartially, both receptively and expressively, using
any necessary specialized vocabulary. Accordingly, an interpreter must be able to
sign to the deaf individual (or interpret orally to the person who does not use sign
language) what is being said by the hearing person and to voice to the hearing
person what is being signed or said by the deaf individual. The interpreter must
be able to interpret in the language the deaf person uses (e.g., American Sign
Language or Signed English) and must be familiar with law enforcement terms
and phrases. Because a qualified interpreter must be able to interpret impartially,
a family member, child, or friend of the individual who is deaf may not be
qualified to render the necessary interpretation because of factors such as
professional, emotional, or personal involvement, or considerations of
confidentiality. Additionally, although a "qualified" interpreter may be certified,
a certified interpreter is not necessarily "qualified," if he or she is not a good
communications match for the deaf person (e.g., where the deaf person uses
Signed English and the interpreter uses American Sign Language) or the situation
(e.g., where the interpreter is unfamiliar with law enforcement vocabulary).
Certification is not required in order for an interpreter to be "qualified."
TTY AND RELAY SERVICES
In situations when a nondisabled person would have access to a telephone,
officers must provide persons who are deaf or hard of hearing the opportunity to
place calls using a text telephone (TTY, also known as a telecommunications
device for deaf people, or TDD). Officers must also accept telephone calls placed
by persons who are deaf or hard of hearing through the Telecommunications
Relay Service.
Attachment C to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 3 of 4
TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
Officers must review and have a working knowledge of Guide for Law
Enforcement Officers R'hen In Contact With People Who Are Deaf or Hard of
Hearing. This document reviews how officers should communicate effectively in
the types of situations officers will encounter. These situations include:
— Issuing a noncriminal or motor vehicle citation.
— Communicating with a person who initiates contact with an officer.
— Interviewing a victim or critical witness to an incident.
— Questioning a person who is a suspect in a crime.
— Making an arrest or taking a person into custody.
— Issuing Miranda Warnings to a person under arrest or in custody.
— Interrogating a person under arrest or in custody.
TYPES OF AUXILIARY AIDS AND SERVICES
Officers must utilize the following auxiliary aids, when available, to communicate
effectively:
— Use of gestures
— Use of visual aids
— Exchange of written notes
— Use of computers or typewriters
— Use of assistive listening devices
— Use of teletypewriters (TTY's)
— Use of qualified oral or sign language interpreters
Attachment C to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 4 of 4
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Accessibility of State and Local Government Websites
to People with Disabilities
The Internet is dramatically
changing the way that American
government serves the public.
Taking advantage of new
technology, many State and
local governments are using the
web to offer citizens a host of
services including:
• corresponding online with
local officials;
® providing information
about government
services;
® renewing library books or
driver's licenses;
■ providing tax information
and accepting tax returns;
and
® applying for jobs or
benefits.
These government websites are
important because they:
■ allow programs and
services to be offered in a
more dynamic, interactive
way, increasing citizen
participation;
■ increase convenience and
speed in obtaining
information or services;
■ reduce costs in providing
programs and information
about government
services;
■ reduce the amount of
paperwork; and
■ expand the possibilities of
reaching new sectors of
the community or offering
new programs.
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The material provided here is designed to help you become better acquainted
with Fullerton and the seniles It has to offer, as well as assist you In obtaining
the trdormatlon you need to live, work, conduct business, and have fun A our
community.
Murddpal Cottle located 22 miles southeast of For "1019 er-9—V pvared—
GlauesL Eacursbrtp 4jitCtontF fn �61d1tlGd7 :..�.�. metropolitan ins Angeles, in the WamWlon,
oo bwm Fuue,eun t .• v' center of North Orange County,
arss Release ; '� f n ! Fullerton Is a fu lservlce city Spedal l entsi 1
cpnhmWt� (Skndar 1 !. renowned for Its unique mix of
'Focus on Flrnertpn• residential, commercial and F„4,M, k—dal My
Llbrary
Peat.. tGifoL'msNan = industrial, educational, and cultural
aandlna Programs environments which provide an ,gm—
Oe artme.n r.,r r.Hnmet W outstanding quality of iter for bath
,wmldcerauve aenttea _ — n I residents and businesses alike.
al cent _, Fullerton, one of the largest does In Orange County Is a
doth a community with a strong sense of tradition, one that treasures its
f historic past as it prepares to meet the challenges of Its future.
Gey Manager
community services We hope you will find our web site helpful. We will be updating It
oevtl -- 'ent 1services - — regularly, adding more to It in the future. if you would like further
tno'.2, Information &crul. the Qty or this home page, please call the Fullerton Public Information Office at (714)
Foe738-6317.
tlbrary
When government is constantly
being asked to do more with
less, the Internet is playing a
vital role in allowing
government to better serve all
of its citizens.
The Americans with Disabilities
Act (ADA) and, if the
government entities receive
Federal funding, the
Rehabilitation Act of 1973,
generally require that State and
local governments provide
qualified individuals with
disabilities equal access to their
programs, services, or activities,
unless doing so would
fundamentally alter the nature
of their programs, services, or
activities or would impose an
undue burden. One way to help
meet these requirements is to
ensure that government
websites have accessible
features for people with
disabilities, using the simple
steps described in this
document. An agency with an
inaccessible website may also
meet its legal obligations by
providing an alternative
accessible way for citizens to
use the programs or services,
such as a staffed telephone
information line. These
Local government websites provide important information and services to citizens
alternatives, however, are unlikely to provide an
equal degree of access in terms of hours of
operation and the range of options and programs
available. For example, job announcements and
application forms, if posted on an accessible
website, would be available to people with
disabilities 24 hours a day, 7 days a week.
Online Barriers Faced By People with
Disabilities
Many people with disabilities use "assistive
technology" to enable them to use computers and
access the Internet. Blind people who cannot see
computer monitors may use screen readers —
devices that speak the text that would normally
appear on a monitor. People who have difficulty
using a computer mouse can use voice recognition
software to control their computers with verbal
commands. People with other types of disabilities
may use still other kinds of assistive technology.
New and innovative assistive technologies are
being introduced every day.
Poorly designed websites can create unnecessary
barriers for people with disabilities, just as poorly
designed buildings prevent some from entering.
Designers may not realize how simple features
built into a web page will assist someone who, for
instance, cannot see a computer monitor or use a
mouse.
One example of a barrier would be a photograph
of a Mayor on a town website with no text
identifying it. Because screen readers cannot
interpret images unless there is text associated
with it, a blind person would have no way of
knowing whether the image is an unidentified
photo or logo, artwork, a link to another page, or
something else. Simply adding a line of simple
hidden computer code to label the photograph
"Photograph of Mayor Jane Smith" will allow the
blind user to make sense of the image.
2
Accessible Design Benefits Everyone
When accessible features are built into web pages,
websites are more convenient and more available
to everyone — including users with disabilities.
Web designers can follow techniques developed
by private and government organizations to make
even complex web pages usable by everyone
including people with disabilities. For most
websites, implementing accessibility features is
not difficult and will seldom change the layout or
appearance of web pages. These techniques also
make web pages more usable both by people
using older computers and by people using the
latest technologies (such as personal digital
assistants, handheld computers, or web -enabled
cellular phones).
With the rapid changes in the Internet and in
assistive technologies used by people with
disabilities to access computers, private and
government organizations have worked to
establish flexible guidelines for accessible web
pages that permit innovation to continue.
Resources for Web Developers
To make web pages accessible, the web developer
needs to know about web page features that can
make a web page less accessible or more
accessible. Information about such features is
easily available and many software developers are
adding tools to web development software to
make it easier to make web pages accessible.
Two important resources provide guidance for
web developers designing accessible web pages.
One is the Section 508 Standards, which Federal
agencies must follow for their own new web
pages. To learn more about the Section 508
Standards:
• The Access Board maintains information on
its website at www.access-board.gov and
has a useful guide for web developers at
www.access-board.gov/sec508/guide/
1194.22.htm;
• The Department of Justice has information
the Access Board, the Department of Justice,
about accessible web page design in an April
and the Department of Education and
2000 report to the President. This report is
provides an interactive demonstration of
available at vwvw.usdoj.gov/crt/508/report/
how to build accessible web pages. This
content.htm, and
course is available at www.section508.gov,
which also provides information about the
• The General Services Administration hosts
Federal government's initiative to make its
an online course for web developers
electronic and information technology
interested in accessible web design. This
accessible to people with disabilities,
program was developed in conjunction with
Voluntary Action Plan for Accessible Websites
• Establish a policy that your web pages will be accessible and create a process for
implementation.
• Ensure that all new and modified web pages and content are accessible:
- Check the HTML' of all new web pages. Make sure that accessible elements are used,
including alt tags, long descriptions, and captions, as needed.
- If images are used, including photos, graphics, scanned images, or image maps,
make sure to include alt tags and/or long descriptions for each.
- If you use online forms and tables, make those elements accessible.
- When posting documents on the website, always provide them in HTML or a text -
based format (even if you are also providing them in another format, such as Portable
Document Format (PDF)).
• Develop a plan for making your existing web content more accessible. Describe
your plan on an accessible web page. Encourage input on improvements,
including which pages should be given high priority for change. Let citizens know
about the standards or guidelines that are being used. Consider making the more
popular web pages a priority.
• Ensure that in-house staff and contractors responsible for web page and content
development are properly trained.
• Provide a way for visitors to request accessible information or services by posting
a telephone number or E-mail address on your home page. Establish procedures
to assure a quick response to users with disabilities who are trying to obtain
information or services in this way.
• Periodically enlist disability groups to test your pages for ease of use; use this
information to increase accessibility.
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' Web pages are written using a language called HTML (or "hypertext markup language"). HTML is a "markup
language" that tells a computer program (called a "browser") how information will appear or will be arranged on a
computer screen. HTML tags are specific instructions understood by a web browser or screen reader.
Examples of Accessible Features for Websites
All images and graphics
need to have an alt tag
or long description.
When navigation links are used,
people who use a screen reader
must listen to all the links
before proceeding. A skip
navigation link provides a way
to bypass the row of navigation
links by jumping to the start of
the web page content.
Use alt tags for image maps and for
graphics associated with the image map so
that a person using a screen reader will
have access to the links and information.
Some photos and images contain
content that cannot be described .
with the limited text of an alt tag.
Using a long description tag
provides a way to have as much
text as necessary to explain the
image so it is accessible to a
person using a screen reader but
not visible on.the web page.
Text links do not
require any
additional
information or
description if the
text clearly
indicates what the
link is supposed to
do. Links such as
"click here" may
confuse a user.
I When tables with header and row identifiers are used to
display information or data, the header and row information
! should be associated with each data cell by using HTML so a
person using a screen reader can understand the information.
A link with contact
information provides a
way for users to request
accessible services or to
make suggestions.
4
Resources for Web Developers (continued)
A more comprehensive resource is the Web
Content Accessibility Guidelines developed by
the Web Accessibility Initiative. These
guidelines help designers make web pages as
accessible as possible to the widest range of
users, including users with disabilities. The
Web Accessibility Initiative is a subgroup of the
World Wide Web Consortium — the same
organization that standardizes the programming
language followed by all web developers.
Information for web developers
interested in making their web pages as
accessible as possible, including the
current version of the Web Content
Accessibility Guidelines (and associated
checklists), can be found at
www.w3c.org/WAI/Resources, and
• Information about the Web Accessibility
Initiative can be found at
www.w3c.org/WAI.
For More Information
Technical Information
Regarding Web Accessibility
For technical assistance regarding Section 508
Standards and how to make web pages accessible
to people with disabilities, please contact the
Access Board:
800-872-2253 (voice)
800-993-2822 (TTY)
Information about the ADA
The Department of Justice provides technical
assistance to help State and local governments
understand and comply with the ADA. An
important source of ADA information is the
Department's ADA Home Page on the World
Wide Web. This extensive website provides
access to ADA regulations; all Department ADA
technical assistance materials, including newly -
released publications; proposed changes in the
ADA regulations; and access to Freedom of
Information Act materials, including technical
assistance letters. The website also provides
links to other Federal agencies with ADA
responsibilities.
ADA Home Page -- www.ada.gov
In addition, the Department of Justice operates a
toll-free ADA Information Line that provides
access to ADA specialists during business hours.
ADA Information Line
800-514-0301(voice)
800-514-0383 (TTY)
Reproduction
Reproduction of this document is encouraged.
June 2003
The Attorney General has determined that publication of
this periodical is necessary in the transaction of the public
business required by law of the Department of Justice.
5
Attachment F: Modifications to Newlv Constructed Facilities
Court Street Plaza, Court @ Fourth Street, (2001). Within one year of the effective date
of this Agreement, the City shall complete the following modifications:
a. Ramp
i. The ramp is inaccessible because it has an excessive slope on landing 3
(2.30). Provide a ramp that is at least 36 inches wide with a slope not
exceeding 1:12 and a cross slope not exceeding 1:50; with level landings
at least as wide as the ramp and 60 inches long at the top and bottom of
the ramp; with level landings measuring at least 60 inches by 60 inches
when the ramp changes direction; and edge protection that is at least 2
inches high at the drop off sides. Provide handrails that are between 1'/4
inches and 1'/z inches in diameter such that the inside handrail is
continuous and both handrails have a continuous gripping surface along
both sides of the ramp extending at least 12 inches beyond the top and
bottom of the ramp parallel with the ground surface; the handrails do not
rotate within their fittings; and both handrails are mounted between 34
inches and 38 inches above the ramp surface, with ends rounded or
returned smoothly to the floor, wall, or post. Ensure that the ramp and
approaches are designed so that water will not accumulate on walking
surfaces. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.
ii. The ramp handrails are inaccessible because there is only one handrail that
is 33 inches high, without extensions, and located 2% inches from the
wall. Provide a ramp that is at least 36 inches wide with a slope not
exceeding 1:12 and a cross slope not exceeding 1:50; with level landings
at least as wide as the ramp and 60 inches long at the top and bottom of
the ramp; with level landings measuring at least 60 inches by 60 inches
when the ramp changes direction; and edge protection that is at least 2
inches high at the drop off sides. Provide handrails that are between 1'/4
inches and 1'/2 inches in diameter such that the inside handrail is
continuous and both handrails have a continuous gripping surface along
both sides of the ramp extending at least 12 inches beyond the top and
bottom of the ramp parallel with the ground surface; the handrails do not
rotate within their fittings; and both handrails are mounted between 34
inches and 38 inches above the ramp surface, with ends rounded or
returned smoothly to the floor, wall, or post. Ensure that the ramp and
approaches are designed so that water will not accumulate on walking
surfaces. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.
Attachment F to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 1 of 5
2. Public Works Headquarters, 111 Morphew Street (2003). Within one year of the
effective date of this Agreement, the City shall complete the following modifications:
a. Parking
i. Curb ramps
(1) The parking is inaccessible because a curb ramp encroaches into
the access aisle of one space that is designated as accessible.
Provide one accessible space and ensure that the access aisle is flat
and level, with slopes and cross -slopes not exceeding 1:50 in all
directions, and that the surface is firm, stable, and slip -resistant.
Standards §§ 4.1.2(5), 4.6.3, Fig. 9.
ii. Signage
(1) The signage designating parking for persons with disabilities is
inaccessible because it can be obstructed by a parked vehicle. At
each space designated as reserved for persons with disabilities,
provide a vertical sign with the International Symbol of
Accessibility located such that it cannot be obstructed by vehicles
parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, 4.30.7(1),
Fig. 9.
b. Elevator
i. Although emergency communications are provided, the elevator is
inaccessible because emergency communications are not in Braille.
Provide signage that is identified by a raised symbol and lettering located
adjacent to the device. Standards §§ 4.1.3(5), 4.10.14, 4.30.
3. Albert Park: Bocce Federation office and courts, B Street @ Albert Park Lane (1996).
Within one year of the effective date of this Agreement, the City shall complete the
following modifications:
a. Toilet room single -user, unisex
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with raised and Braille characters. The sign
shall be mounted on the wall adjacent to the latch side of the door with the
centerline of the sign at 60 inches above the finished floor and situated
such that a person can approach within 3 inches of the sign without
encountering an obstruction or standing within a door swing. Standards
§§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The toilet room is inaccessible because no accessible mirror has been
provided. Provide a mirror with the bottom edge of its reflecting surface
no more than 40 inches above the finished floor. Standards §§ 4.1.3(11),
Attachment F to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 2 of 5
4.22.6, 4.19.6.
iii. The urinal is inaccessible because the rim height is 24 inches, and the trash
can encroaches into the clear floor space of the urinal. Provide a urinal
with an elongated rim mounted 17 inches or less above the finished floor,
a clear floor space of at least 30 inches wide and 48 inches deep centered
on the urinal, and a flush control height of 44 inches or less above the
finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.
iv. The lavatory is inaccessible because the top rim is 36 inches high. Provide
a lavatory with the top of its rim or counter 34 inches or less above the
finished floor; the bottom edge of the apron at least 29 inches above the
finished floor; and knee and toe clearances that comply with Fig. 31.
Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.
V. The lavatory is inaccessible because the hot water pipes are not covered.
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards §§ 4.1.3 (11), 4.22.6,
4.19.4.
vi. The toilet room is inaccessible because the toilet paper dispenser is 41
inches high, located above the grab bar, and 45 inches from the rear wall.
Provide a toilet paper dispenser that is mounted with its top at least 1
inches under the side grab bar and 36 inches or less from the rear wall and
is centered at least 19 inches above the finished floor. Standards §§
4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
vii. The grab bars at the toilet are inaccessible because the overall length of
the side grab bar is 36 inches, and the distance of the farther end of the
grab bar to the rear wall is 44 inches. Provide a side grab bar that is at
least 40 inches in overall length, with the far end mounted at least 52
inches from the rear wall and the closer end 12 inches or less from the rear
wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).
viii. The grab bars at the toilet are inaccessible because the distance of the
farther end of the side grab bar to the rear wall is 44 inches. Provide a side
grab bar that is at least 40 inches in overall length, with the far end
mounted at least 52 inches from the rear wall and the closer end 12 inches
or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs.
30(a), (d).
ix. The grab bars at the toilet are inaccessible because the space between the
grab bars and the wall is 3'/4 inches. Provide grab bars such that there is
Attachment F to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
Page 3 of 5
1'/Z inches between the grab bar and the wall. Standards §§ 4.1.3(11),
4.22.4, 4.16.4, 4.26.2, Fig. 39.
X. The grab bars at the toilet are inaccessible because the diameter is too
small. Provide grab bars that have a diameter between 1'/4 and 1'/z inches.
Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2.
4. Parking structure, Third and C Streets. Currently under construction. Within two years
of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking
i. Based on the architectural plans review, ensure that at each space
designated as reserved for persons with disabilities, a vertical sign is
provided with the International Symbol of Accessibility located such that
it cannot be obstructed by vehicles parked in the space. Standards §§
4.1.2(5), 4.6.4, 4.30.7(1).
ii. Based on the insufficient, vertical clearance issues at the A Street parking
structure that cannot be modified, the City agrees to add one additional
van accessible space to this parking structure currently under construction,
for a total of 2 van accessible spaces and 7 standard accessible spaces. On
the shortest accessible route to the accessible entrance, provide 2 van
accessible spaces and 7 standard spaces designated as reserved for people
with disabilities. Standard accessible spaces shall be a minimum of 96
inches wide and served by access aisles at least 60 inches wide. Van
accessible spaces shall be a minimum of 96 inches wide and served by
access aisles at least 96 inches wide. All spaces designated as reserved for
people with disabilities shall have vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by
parked vehicles. Van accessible spaces shall have an additional "Van -
Accessible" sign located below the International Symbol of Accessibility.
Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
b. Ramp
i. Based on the architectural plans review, ensure that the upper-level ramps
from the parking area to the elevator landing are at least 36 inches wide
with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with
level landings at least as wide as the ramp and 60 inches long at the top
and bottom of the ramp; and with edge protection at least 2 inches high at
the drop off sides. Provide handrails that are between 1'/4 inches and 1'/z
inches in diameter with a continuous gripping surface along both sides of
the ramp, extending at least 12 inches beyond the top and bottom of the
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ramp parallel with the ground surface. Ensure that handrails are mounted
between 34 inches and 38 inches above the ramp surface, with ends
rounded or returned smoothly to the floor, wall, or post, and that they do
not rotate within their fittings. Ensure that the ramp and approaches are
designed so that water will not accumulate on walking surfaces. Standards
§§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.
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Attachment G: Modifications to Altered Facilities
Pickleweed Park: Childcare mobile units, 50 Canal Street. Date of original construction:
1991. Date of alterations: 1998. Within two years of the effective date of this
Agreement, the City shall complete the following modifications:
a. Ramp 1 (blue) (existing)
i.
Page 1 of 2
The ramp is inaccessible because the handrail breaks apart at the top of the
landing without an extension, and the slope is excessive (leg a: 5.2, b: 5. 1,
c: 5.6). Provide a ramp that is at least 36 inches wide with a slope not
exceeding 1:12 and a cross slope not exceeding 1:50; with level landings
at least as wide as the ramp and 60 inches long at the top and bottom of
the ramp; and with edge protection at least 2 inches high at the drop off
sides. Provide handrails that are between 1'/4 inches and 1'/z inches in
diameter with a continuous gripping surface along both sides of the ramp,
extending at least 12 inches beyond the top and bottom of the ramp
parallel with the ground surface. Ensure that handrails are mounted
between 34 inches and 38 inches above the ramp surface, with ends
rounded or returned smoothly to the floor, wall, or post, and that they do
not rotate within their fittings. Ensure that the ramp and approaches are
designed so that water will not accumulate on walking surfaces. Standards
§§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.
b. Ramp 2 (yellow) (altered)
i. The ramp is inaccessible because there are no handrail extensions.
Provide handrails that are between 1'/4 inches and V/z inches in diameter
such that the inside handrail is continuous and both handrails have a
continuous gripping surface along both sides of the ramp extending at
least 12 inches beyond the top and bottom of the ramp parallel with the
ground surface; the handrails do not rotate within their fittings; and both
handrails are mounted between 34 inches and 38 inches above the ramp
surface, with ends rounded or returned smoothly to the floor, wall, or post.
Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.
C. Ramp 3 (altered)
i. The ramp is inaccessible because the handrail breaks apart at the top of the
landing without an extension. Provide handrails that are between 1'/4
inches and 1'/2 inches in diameter with a continuous gripping surface along
both sides of the ramp, extending at least 12 inches beyond the top and
bottom of the ramp parallel with the ground surface. Ensure that handrails
are mounted between 34 inches and 38 inches above the ramp surface,
with ends rounded or returned smoothly to the floor, wall, or post, and that
they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2),
4.1.6(1)(b), 4.8.5.
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Attachment H: ProLyram Access in Existing Facilities
The technical requirements and, where appropriate, the scoping requirements of the
Standards are used as a guide for determining whether a program or activity held in an
existing facility is "readily accessible to and usable by" persons with disabilities and for
determining what changes are necessary to make this program or activity accessible if it
continues to be provided in the existing facility in question. See 28 C.F.R. §§
35.150(b)(1), 35.151.
2. In order to ensure that each of the City's programs, services, and activities operating at a
facility that is the subject of this Agreement, when viewed in its entirety, are readily
accessible to and usable by persons with mobility impairments, the City will take the
following actions:
A. Buildings
3. Library, 1100 E Street, date of original construction: 1908. Within two years of the
effective date of this Agreement, the City shall complete the following modifications:
a. Parking
i. The parking designated as accessible has no access aisle. At each standard
accessible space, provide an access aisle at least 60 inches wide. At each
van accessible space, provide an access aisles at least 96 inches wide.
Ensure that all access aisles are flat and level, with slopes and cross -slopes
not exceeding 1:50 in all directions, and that their surfaces are firm, stable,
and slip -resistant. Standards §§ 4.1.2(5), 4.6.3, Fig. 9.
b. Elevator
i. The elevator is inaccessible because the visual signs on elevator buttons
do not indicate call registered or answered. Provide hall (lobby) call
buttons with visual signals indicating when each call is registered and
when each call is answered. Ensure that the call buttons are centered at 42
inches above the finished floor, a minimum of 3/4 inch in the smallest
dimension, with the button designating the up direction on top; that the
call buttons are raised or flush; and that objects mounted beneath hall call
buttons do not project into the elevator lobby more than 4 inches.
Standards § 4.10.3, Fig. 20.
ii. The elevator is inaccessible because the hall lantern does not light up
outside the elevator and inside the hoistway. Provide hall lanterns at each
hoistway entrance that emit a visible and audible signal indicating which
car is answering a call. Ensure that audible signals sound once for the up
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direction and twice for the down direction or have verbal annunciators that
say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72
inches above the lobby floor, they are at least 2%2 inches in the smallest dimension, and they are
visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity
of hall call buttons, and conforming to the above requirements, are acceptable. Standards §
4.10.4, Fig. 20.
C. Seating
i. The computerized card catalogs are too high for people who use
wheelchairs. Provide at least one computerized card catalog and one
standard computer work station on a table or counter that has clear floor
space that is 30 inches wide and 48 inches deep, knee clearance at least 27
inches high, 30 inches wide, and 19 inches deep, and a writing surface
between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1,
4.32.
ii. There is no directional signage to the accessible computerized card catalog
and computer workstation. Provide accessible directional signage with the
International Symbol of Accessibility at inaccessible computer stations
and card catalogs indicating the location of the nearest accessible
computer stations, and provide accessible signage with the International
Symbol of Accessibility at all accessible computer work stations.
Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
4. City Hall and Police Department, 1400 Fifth Avenue, date of construction: 1966.
Within three years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking
i. The parking designated as accessible is inaccessible because the access
aisle is not level. Ensure that all access aisles are flat and level, with
slopes and cross -slopes not exceeding 1:50 in all directions, and that their
surfaces are firm, stable, and slip -resistant. Standards §§ 4.1.2(5), 4.6.3,
Fig. 9.
b. Ramp
i. The ramp is inaccessible because there are no handrails. Provide handrails
that are between 1'/4 inches and 1'/2 inches in diameter with a continuous
gripping surface along both sides of the ramp, extending at least 12 inches
beyond the top and bottom of the ramp parallel with the ground surface.
Ensure that handrails are mounted between 34 inches and 38 inches above
the ramp surface, with ends rounded or returned smoothly to the floor,
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wall, or post, and that they do not rotate within their fittings. Standards §
4.8.5.
Within two years of the effective date of this Agreement, the City shall complete the following
modifications:
C. Elevator
i. The elevator is inaccessible because there is no hall lantern. Provide hall
(lobby) call buttons with visual signals indicating when each call is
registered and when each call is answered. Ensure that the call buttons are
centered at 42 inches above the finished floor, a minimum of 3/4 inch in the
smallest dimension, with the button designating the up direction on top;
that the call buttons are raised or flush; and that objects mounted beneath
hall call buttons do not project into the elevator lobby more than 4 inches.
Standards § 4.10.3, Fig. 20.
ii. The elevator is inaccessible because the floor arrows and hall lantern do
not illuminate outside the elevator and inside the hoistway. Provide hall
lanterns at each hoistway entrance that emit a visible and audible signal
indicating which car is answering a call. Ensure that audible signals sound
once for the up direction and twice for the down direction or have verbal
annunciators that say "up" or "down;" and that visible signals are mounted
so that their centerline is at least 72 inches above the lobby floor, they are
at least 21/2 inches in the smallest dimension, and they are visible from the
vicinity of the hall call button. Lanterns located in cars, visible from the
vicinity of hall call buttons, and conforming to the above requirements, are
acceptable. Standards § 4.10.4, Fig. 20.
Within one year of the effective date of this Agreement, the City shall complete the following
modifications:
d. Assembly Area
i. There is no signage informing the public of the availability of an assistive
listening system. Provide accessible signage indicating the availability of
the assistive listening system. Standards §§ 4.1.3(19)(b), 4.30.. Standards
§§ 4.30, 4.33.
e. Police Department: Public Telephone
i. The public telephone outside the police department is inaccessible because
the handset is 581/2 inches high and the coin slot is 653/4 inches high.
Provide an accessible telephone with a clear floor space of at least 30
inches by 48 inches that allows either a forward or parallel approach by a
person using a wheelchair such that bases, enclosures, and fixed seats do
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not impede approaches to the telephone; with the highest operable part of
the telephone mounted no more than 48 inches above the floor for a front
approach or no more than 54 inches above the floor for a side approach;
that is hearing aid compatible and has a volume control mechanism; with
telephone books, if provided, located between 15 and 48 inches above the
finished floor for a front approach or between 9 and 54 inches above the
finished floor for a side approach; with a cord of at least 29 inches long
from the telephone to the handset; and with signage that complies with the
Standards. Standards §§ 4.31, 4.30.7(2).
ii. The threshold of the outside door leading to the public telephone is
inaccessible because it is not beveled. Provide an accessible door with a
threshold that is no greater than'/4 inch, or is no greater than ''/z inch and is
beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
5. Pickleweed Park Community Center, 50 Canal Street, date of construction: 1984. Within
five years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking
i. The two parking spaces designated as accessible are inaccessible because
the access aisles are 54 and 56 inches. Provide designated accessible
parking spaces that are a minimum of 96 inches wide and served by access
aisles at least 60 inches wide. Provide van accessible spaces that are a
minimum of 96 inches wide and served by access aisles at least 96 inches
wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.
ii. The parking designated for persons with disabilities is inaccessible
because there is no vertical signage. At all spaces designated as reserved
for persons with disabilities, provide vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by
parked vehicles. At van accessible spaces, provide an additional van
accessible sign located below the International Symbol of Accessibility.
Standards §§ 4.6.4, 4.30.7(1).
iii. The parking designated as accessible is inaccessible because there is no
van signage. On the shortest accessible route to the accessible entrance,
provide at least one van accessible space a minimum of 96 inches wide,
served by access aisles at least 96 inches wide, with vertical signs with the
International Symbol of Accessibility located such that they cannot be
obstructed by parked vehicles, and with an additional "Van -Accessible"
sign located below the International Symbol of Accessibility. Standards
§§ 4.1.2(5)(b), 4.6, 4.30.7(1).
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b. Ramp
i. The ramp is inaccessible because the handrails have no 12 -inch
extensions, and there is an excessive slope (leg a: 5.7; b: 5.0; c: 5.2).
Provide a ramp that is at least 36 inches wide with a slope not exceeding
1:12 and a cross slope not exceeding 1:50; with level landings at least as
wide as the ramp and 60 inches long at the top and bottom of the ramp;
and with edge protection at least 2 inches high at the drop off sides.
Provide handrails that are between 1'/4 inches and 1'/z inches in diameter
with a continuous gripping surface along both sides of the ramp, extending
at least 12 inches beyond the top and bottom of the ramp parallel with the
ground surface. Ensure that handrails are mounted between 34 inches and
38 inches above the ramp surface, with ends rounded or returned smoothly
to the floor, wall, or post, and that they do not rotate within their fittings.
Ensure that the ramp and approaches are designed so that water will not
accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
C. Toilet room single -user, women's
i. The lavatory is inaccessible because the hot water pipes are not covered.
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
d. Toilet room single -user, men's
i. The lavatory is inaccessible because the hot water pipes are not covered.
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
Toilet room with stalls, women's
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
ii. The lavatory is inaccessible because the hot water pipes are not covered.
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
iii. The women's designated accessible stall is inaccessible because the toilet
centerline is 16 inches from the side wall. Provide a toilet with a
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centerline that measures 18 inches from the near side wall. Standards §
4.17.3, Fig. 30.
iv. The women's designated accessible stall is inaccessible because the flush
control is on the closed side. Provide a flush control mounted on the
"open" side of the toilet's clear floor space; 44 inches or less above the
finished floor; and requiring a maximum of 5 pounds of force to operate;
or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
V. The women's designated accessible stall is inaccessible because there is
interference with use of the side and rear grab bars. Provide a rear grab
bar that has at least 1 %2 inches between the grab bar and any other object,
such as a toilet seat cover dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 39.
f. Toilet room with stalls, men's
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
g. Outdoor Play Area
i. There are no accessible picnic tables. Provide at least one picnic table on
an accessible route such that there is knee space at the table at least 27
inches high, 30 inches wide, and 19 inches deep, and such that the height
of the top of the table is between 28 inches and 34 inches above the
ground. Standards §§ 4.32.3, 4.32.4.
6. Terra Linda Community Center, 670 Del Ganado Road, date of construction: 1965.
Within two years of the effective date of this Agreement, the City shall complete the
following modifications:
a. Parking
i. The parking designated as accessible is inaccessible because a curb ramp
encroaches into the access aisle. Provide a curb ramp located so that it
does not project into this element and all aspects of the ramp or curb cut
comply with the Standards. Standards §§ 4.3.8, 4.7.6.
7. Falkirk Mansion, 1408 Mission Avenue, date of construction: 1915. Within one year of
the effective date of this Agreement, the City shall complete the following modifications:
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a. Ramp
L The ramp is inaccessible because the handrails are 31 inches high and
there are no extensions at the bottom. Provide handrails that are between
1'/4 inches and 1% inches in diameter such that the inside handrail is
continuous and both handrails have a continuous gripping surface along
both sides of the ramp extending at least 12 inches beyond the top and
bottom of the ramp parallel with the ground surface; the handrails do not
rotate within their fittings; and both handrails are mounted between 34
inches and 38 inches above the ramp surface, with ends rounded or
returned smoothly to the floor, wall, or post. Standards § 4.8.5.
8. Boyd House, B Street & Mission, date of construction: 1915. Within five years of the
effective date of this Agreement, the City shall complete the following modifications:
a. Accessible route
i. The route from the sidewalk to the main building entrance is inaccessible
because the opened entrance gate and water drain impede the path of
travel. Provide at least one accessible route within the boundary of the site
connecting these elements that, to the maximum extent feasible, coincides
with the route for the general public. The accessible route must have a
minimum clear width of 36 inches, or a minimum clear width of 42 inches
if there is a turn around an obstruction less than 48 inches wide; have
passing spaces at least 60 inches by 60 inches at least every 200 feet; have
a minimum clear headroom of 80 inches; have a surface that is firm,
stable, and slip resistant; have, in the absence of a curb ramp, ramp,
elevator, or platform lift, no level changes in excess of % inch vertically;
and have a running slope of less than 1:20 (5%) (or have been constructed
as a fully accessible ramp) and a cross slope of less than 1:50 (2%).
Standards §§ 4.3, 4.5, Fig. 7.
b. Ramp
i. The ramp is inaccessible because there is only one handrail that is 32
inches high and without extensions. Provide handrails that are between
1'/4 inches and 1'/2 inches in diameter such that the inside handrail is
continuous and both handrails have a continuous gripping surface along
both sides of the ramp extending at least 12 inches beyond the top and
bottom of the ramp parallel with the ground surface; the handrails do not
rotate within their fittings; and both handrails are mounted between 34
inches and 38 inches above the ramp surface, with ends rounded or
returned smoothly to the floor, wall, or post. Standards § 4.8.5.
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C. Boyd Park
i. Tennis Court
(1) The route from the house to the tennis court is inaccessible and
there is no directional signage to the accessible entrance on the
sidewalk. Provide accessible, directional signage with the
International Symbol of Accessibility at inaccessible entrances
directing users to the accessible entrance, and provide accessible
signage with the International Symbol of Accessibility at all
permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13,
4.30.
(2) The route from the accessible sidewalk entrance to the tennis court
is inaccessible because three risers impede access along the route.
Provide at least one accessible route within the boundary of the site
connecting these elements that, to the maximum extent feasible,
coincides with the route for the general public. The accessible
route must have a minimum clear width of 36 inches, or a
minimum clear width of 42 inches if there is a turn around an
obstruction less than 48 inches wide; have passing spaces at least
60 inches by 60 inches at least every 200 feet; have a minimum
clear headroom of 80 inches; have a surface that is firm, stable, and
slip resistant; have, in the absence of a curb ramp, ramp, elevator,
or platform lift, no level changes in excess of % inch vertically;
and have a running slope of less than 1:20 (5%) (or have been
constructed as a fully accessible ramp) and a cross slope of less
than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
B. Parks
9. Albert Park: baseball stadium and play structures, B Street @ Treanor, date of
construction: 1960. Within two years of the effective date of this Agreement, the City
shall complete the following modifications:
a. Women's and Men's toilet room with stalls
i. The women's and men's toilet rooms are inaccessible because no
accessible toilet stalls are provided. Provide one "standard" accessible
"porta-potty" toilet stall that is at least 60 inches wide and at least 59
inches deep (or at least 56 inches deep with a wall -mounted toilet) such
that all of the stall's elements, including stall door, stall door hardware,
water closet, size and arrangement, toe clearances, grab bars, controls, and
dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17,
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4.26, 4.27, Fig. 30.
10. Oleander Park, Oleander Drive, date of construction: 1982. Within one year of the
effective date of this Agreement, the City shall complete the following modifications:
a. Accessible Route
i. The route from the street parking to the park is inaccessible because there
is no sidewalk curb ramp that allows a wheelchair user to get on and off
the sidewalk. Provide a curb ramp that is at least 36 inches wide, has a
maximum slope of 1:12, is located so that it cannot be obstructed by
parked vehicles, and has a stable, firm, and slip -resistant surface with a
detectable warning extending the full width and depth of the ramp. If the
curb ramp is located where pedestrians must walk across it, provide either
flared sides (with a maximum slope of 1:10) or handrails or guardrails to
protect against cross traffic. Standards § 4.3.8, 4.7, Fig. 12.
11. Bret Harte Park, Irwin Street, date of construction: 1957. Within one year of the effective
date of this Agreement, the City shall complete the following modifications:
a. Water fountain
i. The drinking fountain is inaccessible because it requires twisting, is 24
inches from the finished floor, and has a spout height of 38 inches.
Provide at least one drinking fountain with a spout height no higher than
36 inches, measured from the finished floor or ground surface to the spout
outlet; and a spout located at the front of the unit that directs the water
flow in a trajectory that is nearly parallel to the front of the unit and is
positioned so the flow of water is within 3 inches of the front edge of the
fountain and at least 4 inches high. Ensure that fountain controls are
operable with one hand, require 5 lbf or less to operate without tight
grasping, pinching, or twisting of the wrist; and are front mounted or side
mounted near the front edge. For each accessible drinking fountain,
provide a drinking fountain that is accessible to people who have difficulty
bending or stooping. This can be accommodated by the use of a hi -lo
fountain; by providing one fountain accessible to those who use
wheelchairs and one fountain at a standard height convenient for those
who have difficulty bending; by providing a fountain accessible to people
who use wheelchairs and a cup dispenser; or by such other means as
would achieve the required accessibility for each group of people.
Standards §§ 4.15, 4.27.4, Fig. 27.
12. Terra Linda Pool, 670 Del Ganado, date of construction: 1965. Within three years of the
effective date of this Agreement, the City shall complete the following modifications:
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a. Shower stalls/locker area, women's
i. The shower stall is inaccessible because the dimensions are 29 1/4 wide by
48 inches deep, the seat height is 20 inches, the diameter of the grab bar is
2 inches, and the shower unit is fixed at 78 inches high. Provide a shower
in this room that is exactly 36 inches wide and 36 inches deep with a 48
inch long and 36 inch wide clear floor space alongside the shower
opening, and an L-shaped shower seat mounted on the wall opposite the
controls and extending the full depth of the stall; OR a shower that is at
least 30 inches deep and 60 inches wide with no curb or threshold and
with a 36 inch deep and 60 inch wide clear floor space at the shower
opening. Ensure that the shower has grab bars, controls, a shower spray
unit, and a seat, curb, and enclosure, if provided, that comply fully with
the Standards and with Figs. 35, 36, and 37, as applicable. Standards §
4.2 1, Figs. 35, 36, 37.
b. Shower stalls/locker area, men's
i. The shower stall is inaccessible because the shower mat is more than 1/4
inch thick and protrudes into the clear floor space and there are no grab
bars. Provide a shower in this room that is exactly 36 inches wide and 36
inches deep with a 48 inch long and 36 inch wide clear floor space
alongside the shower opening, and an L-shaped shower seat mounted on
the wall opposite the controls and extending the full depth of the stall; OR
a shower that is at least 30 inches deep and 60 inches wide with no curb or
threshold and with a 36 inch deep and 60 inch wide clear floor space at the
shower opening. Ensure that the shower has grab bars, controls, a shower
spray unit, and a seat, curb, and enclosure, if provided, that comply fully
with the Standards and with Figs. 35, 36, and 37, as applicable. Standards
§ 4.2 1, Figs. 35, 36, 37.
13. Bernard Hofftnan Park, Las Collindas, date of construction: 1967. Within three years of
the effective date of this Agreement, the City shall complete the following modifications:
a. Ramp 4 (leading directly to baseball and softball fields)
i. The ramp is inaccessible because the handrails are inadequate. Provide
handrails that are between 1'/4 inches and 1'/2 inches in diameter with a
continuous gripping surface along both sides of the ramp, extending at
least 12 inches beyond the top and bottom of the ramp parallel with the
ground surface. Ensure that handrails are mounted between 34 inches and
38 inches above the ramp surface, with ends rounded or returned smoothly
to the floor, wall, or post, and that they do not rotate within their fittings.
Standards §§ 4.3.8, 4.8.
14. Sun Valley Park, Solano Street, date of construction: 1958.
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Within five years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Ramp to play area (#1)
i. The ramp is inaccessible because there are no handrails. Provide handrails
that are between 1'/4 inches and 1 %2 inches in diameter with a continuous
gripping surface along both sides of the ramp, extending at least 12 inches
beyond the top and bottom of the ramp parallel with the ground surface.
Ensure that handrails are mounted between 34 inches and 38 inches above
the ramp surface, with ends rounded or returned smoothly to the floor,
wall, or post, and that they do not rotate within their fittings. Standards § §
4.3.8, 4.8.
b. Toilet room, women's
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
ii. The toilet room is inaccessible because the door width is 27 inches.
Provide a door with a clear opening at least 32 inches wide when
measured from the face of the door to the opposite stop when the door is
opened 90 degrees and with hardware usable with one hand and without
tight grasping, pinching, or twisting of the wrist. Lever -operated, push -
type, and U-shaped handles are acceptable designs. Standards §§ 4.13.5,
4.13.9.
iii. The toilet room is inaccessible because there is inadequate maneuvering
clearance on both sides of the toilet room door. Provide a designated
accessible entrance that has a minimum clear opening width of 32 inches
with the door open 90 degrees, measured between the face of the door and
the opposite stop; that has either an automatic door operator or clear and
level maneuvering clearance that complies fully with Fig. 25; and that has
a threshold not exceeding V2 inch in height and beveled with a slope no
greater than 1:2. Ensure that all hardware and operating devices have
shapes that are easy to grasp with one hand and do not require tight
grasping, pinching or twisting of the wrist to operate; and that they are
mounted no higher than 48 inches above the finished floor. Standards §
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4.13, Figs. 24, 25.
iv. The lavatory is inaccessible because the clear floor space dimensions are
49 inches wide and 39%2 inches deep, and the entrance door swings into
the clear floor space. Provide a lavatory with clear floor space at least 30
inches wide and 48 inches deep centered on the lavatory. Standards §
4.19.3, Fig. 32.
V. The toilet room is inaccessible because the light switch is too high.
Provide a light switch with the controls a maximum height above the
finished floor of 48 inches for a forward approach or 54 inches for a side
approach and that is accompanied by clear floor space of 30 by 48 inches
that allows a forward or parallel approach by a person using a wheelchair.
Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
vi. The toilet room is inaccessible because no accessible coat hook has been
provided. Provide a coat hook at a maximum height above the finished
floor of 48 inches for a forward approach or 54 inches for a side approach
and that is accompanied by clear floor space of 30 by 48 inches that allows
a forward or parallel approach by a person using a wheelchair. Standards
§§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
vii. The toilet room is inaccessible because the towel dispenser is 53 inches
high for a forward reach. Provide a towel dispenser with the controls a
maximum height above the finished floor of 48 inches for a forward
approach or 54 inches for a side approach and that is accompanied by
clear floor space of 30 by 48 inches that allows a forward or parallel
approach by a person using a wheelchair. Standards § § 4.27.2, 4.27.3,
4.2.4, 4.2.5, 4.2.6.
viii. The lavatory is inaccessible because the hot water pipes are not covered.
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
ix. Toilet
(1) The toilet is inaccessible because there is insufficient clear floor
space. Provide clear floor space at the toilet that complies with
Fig. 28. Standards § 4.16.2, Fig. 28.
(2) The toilet is inaccessible because the flush control is on the closed
side. Provide a flush control mounted on the open side of the
toilet's clear floor space; 44 inches or less above the finished floor;
and requiring a maximum of 5 pounds of force to operate; or
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provide an automatic flush device. Standards §§ 4.16.5, 4.27.4.
(3) The toilet is inaccessible because there are no grab bars. Provide a
rear grab bar that is at least 36 inches in overall length, with the
closer end no more than 6 inches from the side wall, and a side
grab bar that is at least 40 inches in overall length, with the far end
mounted at least 52 inches from the rear wall and the closer end 12
inches or less from the rear wall. Ensure that the grab bars are
mounted 33 to 36 inches above the finished floor; with a diameter
between 1'/4 and 1 %2 inches; with 1 % inches between the grab bars
and the wall; and at least 1 %Z inches between the grab bars and any
other object, such as a toilet paper dispenser or a toilet seat cover
dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
C. Toilet room, men's
i. The toilet room is inaccessible because the route to the toilet room is not
firm, stable, and slip -resistant. Provide an accessible route to the toilet
room with required minimum width, passing space, head room, surface
textures, slopes, and changes in level. Standards §§ 4.3.1, 4.3.2, 4.3.3,
4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.
ii. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
iii. The toilet room is inaccessible because the door width is 27 inches.
Provide a door with a clear opening at least 32 inches wide when
measured from the face of the door to the opposite stop when the door is
opened 90 degrees and with hardware usable with one hand and without
tight grasping, pinching, or twisting of the wrist. Lever -operated, push -
type, and U-shaped handles are acceptable designs. Standards §§ 4.13.5,
4.13.9.
iv. The toilet room is inaccessible because there is inadequate maneuvering
clearance on both sides of the toilet room door. Provide a designated
accessible entrance that has a minimum clear opening width of 32 inches
with the door open 90 degrees, measured between the face of the door and
the opposite stop; that has either an automatic door operator or clear and
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level maneuvering clearance that complies fully with Fig. 25; and that has
a threshold not exceeding'/2 inch in height and beveled with a slope no
greater than 1:2. Ensure that all hardware and operating devices have
shapes that are easy to grasp with one hand and do not require tight
grasping, pinching or twisting of the wrist to operate; and that they are
mounted no higher than 48 inches above the finished floor. Standards §
4.13, Figs. 24, 25.
V. The toilet room is inaccessible because there are no grab bars. Provide a
rear grab bar that is at least 36 inches in overall length, with the closer end
no more than 6 inches from the side wall, and a side grab bar that is at
least 40 inches in overall length, with the far end mounted at least 52
inches from the rear wall and the closer end 12 inches or less from the rear
wall. Ensure that the grab bars are mounted 33 to 36 inches above the
finished floor; with a diameter between 1 1/4and 1 %i inches; with 1 %i inches
between the grab bars and the wall; and at least 1 % inches between the
grab bars and any other object, such as a toilet paper dispenser or a toilet
seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
vi. The toilet room is inaccessible because there is insufficient turning space
within the room. Provide an unobstructed turning space at least 60 inches
in diameter or a T-shaped space complying with Fig. 3(b). Standards §§
4.22.3, 4.2.3, Fig. 3. Until the permanent toilet rooms are modified to
comply with the Standards, the City will provide one "standard"
accessible "porta-potty" toilet stall that is at least 60 inches wide and at
least 59 inches deep (or at least 56 inches deep with a wall -mounted toilet)
such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars,
controls, and dispensers, comply with the Standards. Standards §§ 4.13,
4.16, 4.17, 4.26, 4.27, Fig. 30.
Within two years of the effective date of this Agreement, the City shall complete the following
modifications:
d. Until the permanent toilet rooms are modified to comply with the Standards, the
City will provide one "standard" accessible "porta-potty" toilet stall that is at least
60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall -
mounted toilet) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, controls,
and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26,
4.27, Fig. 30.
15. Santa Margarita Park, 1055 Las Ovejas, date of construction (before 1992).
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Within one year of the effective date of this Agreement, the City shall complete the following
modifications:
a. Accessible Route
i. The route from the parking area to the park is inaccessible because there is
a 5 -inch curb. Provide a curb ramp that is at least 36 inches wide, has a
maximum slope of 1:12, is located so that it cannot be obstructed by
parked vehicles, and has a stable, firm, and slip -resistant surface with a
detectable warning extending the full width and depth of the ramp. If the
curb ramp is located where pedestrians must walk across it, provide either
flared sides (with a maximum slope of 1:10) or handrails or guardrails to
protect against cross traffic. Standards § 4.3.8, 4.7, Fig. 12.
Within five years of the effective date of this Agreement, the City shall complete the following
modifications:
b. Toilet room with stalls, women's
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
ii. The toilet room is inaccessible because the trash can encroaches into the
path of travel into the toilet room. Provide an accessible route to the toilet
room with required minimum width, passing space, head room, surface
textures, slopes, and changes in level. Standards §§ 4.3.1, 4.3.2, 4.3.3,
4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.
iii. The toilet room is inaccessible because the towel dispenser is too high for
a forward reach. Provide a towel dispenser with the controls a maximum
height above the finished floor of 48 inches for a forward approach or 54
inches for a side approach and that is accompanied by clear floor space of
30 by 48 inches that allows a forward or parallel approach by a person
using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
iv. The toilet room is inaccessible because the clear floor space centered on
the lavatory is 32 inches wide and 34 inches deep. Provide a lavatory with
clear floor space at least 30 inches wide and 48 inches deep centered on
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the lavatory. Standards § 4.19.3, Fig. 32.
V. The toilet room is inaccessible because there is no accessible toilet stall.
Provide a "standard" accessible toilet stall at least 60 inches wide and at
least 59 inches deep (or at least 56 inches deep with a wall -mounted toilet)
such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars,
controls, and dispensers, comply with the Standards. Standards §§ 4.13,
4.16, 4.17, 4.26, 4.27, Fig. 30.
C. Toilet room with stalls, men's
i. The toilet room is inaccessible because there is no accessible signage.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters. The sign shall be mounted on the wall
adjacent to the latch side of the door with the centerline of the sign at 60
inches above the finished floor and situated such that a person can
approach within 3 inches of the sign without encountering an obstruction
or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4,
4.30.5, 4.30.6, 4.30.7.
ii. The toilet room is inaccessible because the trash can encroaches into the
path of travel into the toilet room. Provide an accessible route to the toilet
room with required minimum width, passing space, head room, surface
textures, slopes, and changes in level. Standards §§ 4.3.1, 4.3.2, 4.3.3,
4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.
iii. The toilet room is inaccessible because there is no accessible toilet stall.
Provide a "standard" accessible toilet stall at least 60 inches wide and at
least 59 inches deep (or at least 56 inches deep with a wall -mounted toilet)
such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars,
controls, and dispensers, comply with the Standards. Standards §§ 4.13,
4.16, 4.17, 4.26, 4.27, Fig. 30.
Within two years of the effective date of this Agreement, the City shall complete the following
modifications:
d. Until the permanent toilet rooms are modified to comply with the Standards, the
City will provide one "standard" accessible "porta-potty" toilet stall that is at least
60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall -
mounted toilet) such that all of the stall's elements, including stall door, stall door
hardware, water closet, size and arrangement, toe clearances, grab bars, controls,
and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26,
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4.27, Fig. 30.
C. Parking
29. Menzies lot, Mission at E Street, date of construction: 1962. Within one year of the
effective date of this Agreement, the City shall complete the following modifications:
a. Parking spaces
i. Although the parking lot has a total of 60 parking spaces, an inadequate
number are designated for people with disabilities. On the shortest
accessible route to the accessible entrance, provide at least one van
accessible space and one additional standard space designated as reserved
for people with disabilities. Standard accessible spaces shall be a
minimum of 96 inches wide and served by access aisles at least 60 inches
wide. Van accessible spaces shall be a minimum of 96 inches wide and
served by access aisles at least 96 inches wide. All spaces designated as
reserved for people with disabilities shall have vertical signs with the
International Symbol of Accessibility located such that they cannot be
obstructed by parked vehicles. Van accessible spaces shall have an
additional Van -Accessible sign located below the International Symbol of
Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
ii. The parking designated as accessible is inaccessible because there is no
access aisle. At each standard accessible space, provide an access aisle at
least 60 inches wide. At each van accessible space, provide an access
aisles at least 96 inches wide. Ensure that all access aisles are flat and
level, with slopes and cross -slopes not exceeding 1:50 in all directions,
and that their surfaces are firm, stable, and slip -resistant. Standards §§
4.1.2(5), 4.6.3, Fig. 9.
iii. The parking designated as accessible is inaccessible because the sign can
be obstructed by parked vehicles. At each space designated as reserved
for persons with disabilities, provide a vertical sign with the International
Symbol of Accessibility located such that it cannot be obstructed by
vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).
30. Lootens parking structure, Third and Lootens, date of construction: 1964. Within two
years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking spaces
i. N.E. Lower level (#1)
(1) The parking designated as accessible is inaccessible because the
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space has no access aisle. At each standard accessible space,
provide an access aisle at least 60 inches wide. At each van
accessible space, provide an access aisles at least 96 inches wide.
Ensure that all access aisles are flat and level, with slopes and
cross -slopes not exceeding 1:50 in all directions, and that their
surfaces are firm, stable, and slip -resistant. Standards §§ 4.1.2(5),
4.6.3, Fig. 9.
(2) The parking designated as accessible is inaccessible because the
sign can be obstructed. At each space designated as reserved for
persons with disabilities, provide a vertical sign with the
International Symbol of Accessibility located such that it cannot be
obstructed by vehicles parked in the space. Standards § § 4.6.4,
4.30.7(1).
(3) There are no parking spaces designated as van accessible. In
addition to providing one van accessible space as required by the
Standards, the City agrees to install an additional van accessible
space at this lot based on the drainage issues at the Lootens and
Commercial Lot (914 Lootens Place) and provide directional
signage. On the shortest accessible route to the accessible
entrance, provide at least two van accessible spaces designated as
reserved for people with disabilities. Ensure that van accessible
spaces are a minimum of 96 inches wide and served by access
aisles at least 96 inches wide. At all spaces designated as reserved
for persons with disabilities, provide vertical signs with the
International Symbol of Accessibility located such that they cannot
be obstructed by parked vehicles. At van accessible spaces,
provide an additional Van -Accessible sign located below the
International Symbol of Accessibility. Ensure that all spaces and
access aisles for persons with disabilities are flat and level, with
slopes and cross -slopes not exceeding 1:50 in all directions, and
that their surfaces are firm, stable, and slip -resistant. Standards §§
4.1.2(5), 4.6, 4.30.7(1).
ii. The parking designated as accessible is inaccessible because S.E. #2 space
is 87 inches wide, and S.W. #4 space is 86 inches wide. Provide
designated accessible parking spaces that are a minimum of 96 inches
wide and served by access aisles at least 60 inches wide. Provide van
accessible spaces that are a minimum of 96 inches wide and served by
access aisles at least 96 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.
31. Third and Cijos lot, Third and Cijos (N.E. corner), date of construction: 1911. Within
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four years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking spaces
i. Although the parking lot has a total of 59 parking spaces, an inadequate
number are designated for people with disabilities. On the shortest
accessible route to the accessible entrance, provide at least one van
accessible space and one standard space designated as reserved for people
with disabilities. Standard accessible spaces shall be a minimum of 96
inches wide and served by access aisles at least 60 inches wide. Van
accessible spaces shall be a minimum of 96 inches wide and served by
access aisles at least 96 inches wide. All spaces designated as reserved for
people with disabilities shall have vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by
parked vehicles. Van accessible spaces shall have an additional Van -
Accessible sign located below the International Symbol of Accessibility.
Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
ii. The parking designated as accessible is inaccessible because the current
space has no access aisle. At each standard accessible space, provide an
access aisle at least 60 inches wide. At each van accessible space, provide
an access aisles at least 96 inches wide. Ensure that all access aisles are
flat and level, with slopes and cross -slopes not exceeding 1:50 in all
directions, and that their surfaces are firm, stable, and slip -resistant.
Standards §§ 4.1.2(5), 4.6.3, Fig. 9.
iii. The parking designated as accessible is inaccessible because the sign can
be obstructed. At each space designated as reserved for persons with
disabilities, provide a vertical sign with the International Symbol of
Accessibility located such that it cannot be obstructed by vehicles parked
in the space. Standards §§ 4.6.4, 4.30.7(1).
b. Accessible route
i. There is no accessible route that leads to the sidewalk because there is no
curb ramp at the end of the access aisle. Provide a curb ramp that is at
least 36 inches wide, has a maximum slope of 1:12, is located so that it
cannot be obstructed by parked vehicles, and has a stable, firm, and slip -
resistant surface with a detectable warning extending the full width and
depth of the ramp. If the curb ramp is located where pedestrians must
walk across it, provide either flared sides (with a maximum slope of 1:10)
or handrails or guardrails to protect against cross traffic. Standards §
4.3.8, 4.7, Fig. 12.
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32. Third and Lootens lot (Walgreens lot), 840 & 844 Third Street, date of construction:
1977. Within two years of the effective date of this Agreement, the City shall complete
the following modifications:
a. Parking spaces
i. Although the parking lot has a total of 30 parking spaces, an inadequate
number are designated for people with disabilities. On the shortest
accessible route to the accessible entrance, provide at least one van
accessible space and one standard space designated as reserved for people
with disabilities. Standard accessible spaces shall be a minimum of 96
inches wide and served by access aisles at least 60 inches wide. Van
accessible spaces shall be a minimum of 96 inches wide and served by
access aisles at least 96 inches wide. All spaces designated as reserved for
people with disabilities shall have vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by
parked vehicles. Van accessible spaces shall have an additional Van -
Accessible sign located below the International Symbol of Accessibility.
Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
ii. The parking designated as accessible is inaccessible because the current
space has no access aisle. At each standard accessible space, provide an
access aisle at least 60 inches wide. At each van accessible space, provide
an access aisles at least 96 inches wide. Ensure that all access aisles are
flat and level, with slopes and cross -slopes not exceeding 1:50 in all
directions, and that their surfaces are firm, stable, and slip -resistant.
Standards §§ 4.1.2(5), 4.6.3, Fig. 9.
33. Fifth and D lot, 1317 Fifth Avenue, date of construction: 1973. Within one year of the
effective date of this Agreement, the City shall complete the following modifications:
a. Parking spaces
i. Although the parking lot has a total of 40 parking spaces, an inadequate
number are designated for people with disabilities. On the shortest
accessible route to the accessible entrance, provide at least one van
accessible space designated as reserved for people with disabilities.
Standard accessible spaces shall be a minimum of 96 inches wide and
served by access aisles at least 60 inches wide. Van accessible spaces
shall be a minimum of 96 inches wide and served by access aisles at least
96 inches wide. All spaces designated as reserved for people with
disabilities shall have vertical signs with the International Symbol of
Accessibility located such that they cannot be obstructed by parked
vehicles. Van accessible spaces shall have an additional Van -Accessible
sign located below the International Symbol of Accessibility. Standards
§§ 4.1.2(5), 4.6, 4.30.7(1).
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ii. The parking designated as accessible is inaccessible because the parking
space is 86 inches wide. Provide designated accessible parking spaces that
are a minimum of 96 inches wide and served by access aisles at least 60
inches wide. Provide van accessible spaces that are a minimum of 96
inches wide and served by access aisles at least 96 inches wide. Standards
§§ 4.1.2(5), 4.6.3, Fig.9.
iii. The parking designated as accessible is inaccessible because there is no
access aisle. At each standard accessible space, provide an access aisle at
least 60 inches wide. At each van accessible space, provide an access
aisles at least 96 inches wide. Ensure that all access aisles are flat and
level, with slopes and cross -slopes not exceeding 1:50 in all directions,
and that their surfaces are firm, stable, and slip -resistant. Standards §§
4.1.2(5), 4.6.3, Fig. 9.
b. Accessible Route
i. The route from the parking to the payment station is inaccessible due to a
6 -inch curb, and there is no accessible signage that conveys the policy of
free parking for disability placard holders. The City agrees to provide
signage which conveys the free -parking policy for disability placard
holders at both entrances and at the payment station.
34. Fifth and C parking structure, Fifth and C Streets, date of construction: 1964. Within two
years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Parking spaces
i. Although the parking lot has a total of 101 parking spaces, an inadequate
number are designated for people with disabilities. Provide at least one
van accessible space and three standard spaces designated as reserved for
people with disabilities. Standard accessible spaces shall be a minimum of
96 inches wide and served by access aisles at least 60 inches wide. Van
accessible spaces shall be a minimum of 96 inches wide and served by
access aisles at least 96 inches wide. All spaces designated as reserved for
people with disabilities shall have vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by
parked vehicles. Van accessible spaces shall have an additional Van -
Accessible sign located below the International Symbol of Accessibility.
Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
ii. The parking designated as accessible is inaccessible because the access
aisle is 57 inches wide. Provide designated accessible parking spaces that
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are a minimum of 96 inches wide and served by access aisles at least 60
inches wide. Provide van accessible spaces that are a minimum of 96
inches wide and served by access aisles at least 96 inches wide. Standards
§§ 4.1.2(5), 4.6.3, Fig.9.
iii. The parking designated as accessible is inaccessible because the sign can
be obstructed by parked vehicles. At each space designated as reserved
for persons with disabilities, provide a vertical sign with the International
Symbol of Accessibility located such that it cannot be obstructed by
vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).
b. Accessible Route
i. Although long-term parking is available on the second level, the route
from the second level to the sidewalk is inaccessible, and there is no
signage indicating that long-term parking is available on the first level for
persons with disabilities. Provide at least one accessible route within the
boundary of the site connecting these elements that, to the maximum
extent feasible, coincides with the route for the general public. The
accessible route must have a minimum clear width of 36 inches, or a
minimum clear width of 42 inches if there is a turn around an obstruction
less than 48 inches wide; have passing spaces at least 60 inches by 60
inches at least every 200 feet; have a minimum clear headroom of 80
inches; have a surface that is firm, stable, and slip resistant; have, in the
absence of a curb ramp, ramp, elevator, or platform lift, no level changes
in excess of %2 inch vertically; and have a running slope of less than 1:20
(5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
35. A Street parking structure, Third and B Street, date of construction: 1984. Within two
years of the effective date of this Agreement, the City shall complete the following
modifications:
a. Ramp
i. The ramp is inaccessible because there are no accessible handrails.
Provide a ramp that is at least 36 inches wide with a slope not exceeding
1:12 and a cross slope not exceeding 1:50; with level landings at least as
wide as the ramp and 60 inches long at the top and bottom of the ramp;
and with edge protection at least 2 inches high at the drop off sides.
Provide handrails that are between 1'/4 inches and 1'/z inches in diameter
with a continuous gripping surface along both sides of the ramp, extending
at least 12 inches beyond the top and bottom of the ramp parallel with the
ground surface. Ensure that handrails are mounted between 34 inches and
38 inches above the ramp surface, with ends rounded or returned smoothly
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to the floor, wall, or post, and that they do not rotate within their fittings.
Ensure that the ramp and approaches are designed so that water will not
accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
b. Parking spaces
i. Although the parking structure has a total of 396 parking spaces, an
inadequate number (3) are designated for people with disabilities. Due to
vertical clearance issues in this parking structure, the City agrees to
provide one additional van accessible space to its Third and C Street
parking structure currently under construction. Due to sloping issues in
this parking structure that cannot be remedied easily, the City agrees to
designate 7 additional, accessible spaces in parking facilities that are in
proximity to this parking structure and post directional signage. Within
one year the City will report to the Department which parking facilities
have been identified to accommodate these 7 accessible spaces along with
corresponding installation deadlines of no more than 2 years, unless the
Third and Cijos lot is selected, which would extend the deadline to 4 years
for that specific parking lot. The City agrees to provide these additional
spaces in conjunction with its other obligations, which are outlined in this
Agreement and the accompanying Attachments.
Attachment H to Settlement Agreement between the United States of America and the City of San Rafael,
DJ# 204-11-272
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