Title
Recommendation to Approve the City of Alameda Americans with Disabilities Act Self-Evaluation and Transition Plan.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies). (Public Works 31041001)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) is committed to providing accessible programs, services, and facilities for people with disabilities. The City is also committed to complying with regulations under the Americans with Disabilities Act of 1990 (ADA), which require local governments to assess their services, policies, and practices as part of a Self-Evaluation; to modify any policies or practices that discriminate against people with disabilities; and to develop a Transition Plan identifying any physical changes to facilities that are necessary to achieve “program access.”
In 2022, the City retained a consulting firm, Bureau Veritas, to perform a comprehensive evaluation of City programs and services, public buildings and parks, and pedestrian facilities in the right of way. This information was prepared, with public input, as a Transition Plan to serve as the roadmap and City commitment to improved accessibility.
Following extensive public engagement in developing the draft plan, staff recommends City Council approve the City’s ADA Self Evaluation and Transition Plan (ADA Plan) included as Exhibit 1 with the Appendices as Exhibit 2. Adoption of the plan is a crucial step in ensuring the City’s ongoing commitment to an accessible and inclusive community.
BACKGROUND
The City is committed to providing accessible programs, services, and facilities for people with disabilities. The City is also committed to complying with the requirements of the ADA Title II, which prohibits discrimination on the basis of disability by public entities, and that no qualified individual shall be excluded from participation in, or be denied benefits, of services, programs and activities. The City is mandated by ADA Title II to evaluate each service, program and activity provided, when viewed in its entirety, to be readily accessible and usable by persons with disabilities.
The City is required by regulations under Title II of the ADA to assess its services, policies, and practices as part of a Self-Evaluation; to modify any policies or practices that discriminate against people with disabilities; and to develop a Transition Plan identifying any physical changes to facilities that are necessary to achieve “program access.”
In 2008, the City completed an evaluation of building facilities for ADA compliance. Although some of the barriers identified were removed, the evaluation was never formally prepared as a Transition Plan or adopted by City Council. In 2022, the City retained the consulting firm Bureau Veritas to perform a comprehensive evaluation of City programs, services, buildings, parks and pedestrian facilities in the right of way, and to prepare this information, with public input, as a Transition Plan to serve as the roadmap and City commitment to barrier removal.
DISCUSSION
The ADA Plan consists of the following main components:
• Public input and engagement
• Evaluation of City Buildings and Parks (ex. City Halls, Libraries, Parks, Parking Lots, etc.)
• Evaluation of pedestrian facilities in the right of way (ex. sidewalks, pathways, curb ramps, and accessible pedestrian signals)
• Evaluation of City programs and services
• The Transition Plan, a prioritized roadmap towards improving accessibility
Public Input and Engagement
Public input was an essential component in developing the ADA Plan. The objectives for engaging with the public during the planning process include:
• Providing the public with information on the City’s responsibilities regarding ADA generally and specifically on the Self Evaluation and Transition Plan development process
• Sharing with the community the results of the evaluation
• Learning from the community where they experience barriers to accessibility
• Hearing from the community on how they prefer to prioritize barrier removal
• Discussing the City’s processes for removing barriers to accessibility; and
• Meeting Title II requirements for public comment opportunity
Outreach to encourage public input included a news release, social media postings, a survey, in person and online public meetings, and a City web page. Staff also presented at the Commission on Persons with Disabilities in the early planning stages to invite feedback on the general planning approach. The public input survey had 24 questions related to Alameda’s accessibility. Survey questions ranged from people’s experience using the City’s website, what park they frequent most to whether they think City staff need more training regarding accessibility. 272 responses were received, with 50% of respondents identifying as either a person with a disability or as a caregiver to a person with a disability. Input received through the survey informed the priority of actions in the ADA Plan.
In addition to the public input survey, staff convened a public meeting and specifically met with the Leisure Club, an activity-based program, hosted by the City’s Recreation and Parks Department, specifically designed to meet the specialized recreational needs of persons with developmental disabilities in the community. Thirty eight parents/guardians and Leisure Club participants participated and shared their experiences with accessibility in Alameda. In general, this group would like the City to focus on more accessible parking in commercial areas and at City facilities; improved signage and location of ADA ramps at City facilities; more time to cross the street at intersections; improved access to public bathrooms (door openers, maneuverability, gender neutral bathrooms); better lighting and sidewalk condition; more programs for youth, teenagers, and adults with special needs; and more integration and inclusion in City recreation programs. The specifics of this conversation and the detailed results of the public survey are included in the ADA Plan.
Presentations of the draft findings and Transition Plan were made and input received from the Recreation and Parks and Transportation Commissions. Staff also coordinated with the Center for Independent Living, which resulted in meaningful comments on the public draft of the plan. Lastly, the Commission on Persons with Disabilities endorsed the final ADA Plan at its June 5, 2024 meeting.
Evaluation of City Buildings and Parks
Fifty eight City sites were assessed such as both City Halls, Libraries, Administration Buildings, Parks and Community Centers, and Parking Lots. A Bureau Veritas Subject Matter Expert assessed the amenities at each facility in accordance with the ADA and State of California Building Code. Both interior and exterior amenities at each facility were assessed including, but not limited to, parking, accessible routes, floor surfaces, space allowances, stairs, elevators and signage. A detailed ADA Facility Assessment Report was prepared for each site and is available upon request. The ADA Plan includes a summary list of barriers at each site. A total of 2,884 barriers were identified across all sites assessed.
Evaluation of Pedestrian Facilities in the Public Right-of-Way
2,862 curb ramps, 90 signalized intersections, 220 miles of sidewalk and 22.6 miles of pathways were evaluated using the Public Right-of-Way Accessibility Guidelines (PROWAG) and the California Building Code. Slopes, clearances, vertical changes in level, surfaces and many other attributes confirming accessibility were evaluated. At the City’s signalized intersections, the presence of functioning pedestrian signal heads with countdown displays and accessible pedestrian signals (APS) with audible and vibrotactile tones was documented.
Evaluation of City Programs and Services
An interdepartmental review and assessment of City programs and services related to the following areas was conducted:
• Community Based Programs and Activities
• Housing
• Personnel and Internal Policies, Human Resources
• ADA Coordinator
• Public Notice of the ADA
• Grievance Procedure
• General Effective Communication (Auxiliary Aids and Services)
• Website Accessibility
• Emergency Management
Findings from the review are included in the ADA Plan with recommendations to improve accessibility to City programs and services in the Transition Plan.
The Transition Plan
It is not possible to address all accessibility barriers at once. The goal of the Transition Plan is to ultimately ensure that programs, services, and opportunities offered by the City are accessible to the community, regardless of ability, yet provide a realistic implementation plan given the City’s fiscal capabilities and staffing capacity.
To ensure the City has the right resources in place to oversee implementation of this important work, a vacant position in the Public Works Department is proposed to be elevated to a new ADA Coordinator job classification, which was included in the Fiscal Year (FY) 2024-25 Mid-Cycle Budget Workshop with City Council on May 21, 2024. Assuming City Council approval of the FY 2024-25 budget, staff will work to fill the new ADA Coordinator position in early 2025. The City’s Public Works Director will continue to serve in this role in the interim.
The Transition Plan organizes barrier removal at City buildings and parks into five phases with each phase’s funding considered by City Council as part of City’s two-year budget process. Requests from persons with disabilities experiencing a barrier will always be prioritized in order to comply with the ADA as the phases are implemented.
The Transition Plan phases are intended to prioritize public amenities that are in highest demand. They also consider usage levels, amenity uniqueness, site safety, social equity, public input, and other inputs. A primary goal is to optimize the use of available funds to provide access to public amenities that matter most to the public. The 2,884 barriers identified across all sites assessed have an estimated cost for barrier removal in current dollars of $7.6 million.
Work to remove barriers identified in the public right of way will primarily take place through the City’s existing Pavement Management, Sidewalk Repair, Signal Operations and Park Pathway Repair/Replacement programs. A new program will be established and launched in FY 2024-25 focused specifically on curb ramp accessibility. This new program is initially funded by the Community Development Block Grant (CDBG) program. At least $300,000 is secured for the initial year of Curb Ramp Accessibility program. In subsequent years, the program will competitively pursue use of the City’s CDBG allotment of funding for non-housing public improvements. Staff also proposed an additional $2 million dollar investment to improve sidewalk accessibility in the Fiscal Year (FY) 2024-25 Mid-Cycle Budget Workshop with City Council on May 21, 2024. This funding, if approved in the final FY 2024-25 budget, will bring the total authorized amount for sidewalk accessibility in FY 2024-25 to $3 million,
The ADA Plan contains a priority framework, summarized below, for improving pedestrian accessibility in the right of way. The street classifications noted below are from the City’s General Plan.
Highest Priority
• Improve sidewalks on Main Streets, around City Sites and Parks and in Socially Vulnerable Neighborhoods
• Missing curb ramps Citywide
• Repair/replace Island and Mecartney Drive Pathways
• Missing pedestrian signal heads and/or missing accessible pedestrian signals
Next Highest Priority
• Improve sidewalks on Local Streets
• Tripping hazards on pathways/trails
• Curb ramps with an accessibility score of 1-2 Citywide
• Pedestrian countdown display and accessible pedestrian signals without an audible tone
Third Highest Priority
• Improve sidewalks on Neighborhood Connectors, Gateway and Business Commercial Streets
• Pathways/trails replacement
• Curb ramps with an accessibility score of 3-4 Citywide
The Self Evaluation identified several areas where the City can enhance accessibility in its programs and services. Specific recommendations are made in the Transition Plan to address each finding. For example, the City should establish a policy to standardize investigations into all ADA complaints. The City should also regularly enlist people with a variety of disabilities to test the City website for accessibility and ease of use. The recommendations for more accessible City programs and services will be implemented over the next three years. The fiscal year each recommendation will be addressed is included in the Transition Plan. The new ADA Coordinator will establish and lead an interdepartmental ADA Task Force that meets regularly and whose primary focus will be to address the programmatic recommendations.
The City's ADA Transition Plan will be a living document that is regularly reviewed and updated. The City's ADA Coordinator will serve as the primary point of contact for ADA compliance and will coordinate with all City Departments and members of the community. As facilities, programs, services and activities are brought into compliance, the results of those efforts will be reported regularly to the Commission on Persons with Disabilities.
FINANCIAL IMPACT
Development of the ADA Plan cost $401,500. Funding was previously appropriated to the City Buildings Capital Improvement Program Project C41000 with monies allocated from the Facility Replacement Internal Service Fund and General Fund.
City Council appropriated $1,250,000 in General Funds in the FY 2023-24 and FY 2024-25 capital budget for ADA improvements. This will be used to implement Phase 1 of the City building and parks plan. Other sources of previously appropriated funds in the FY 2023-24 and FY 2024-25 budget for Phase 1 barrier removal come from the Facilities Internal Service Funds, General Fund for the Civic Center Parking Garage Improvement Project and Transportation Improvement Funds for the Harbor Bay Ferry Terminal.
As funding opportunities are identified and become available, staff will propose additional funding requests for City Council consideration as part of forthcoming biennial budgets.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
General Plan Policy OS-5 Accessibility For All. Continue to upgrade parks, trails, and community facilities to ensure accessibility and inclusivity for all residents.
An ADA Transition Plan is Plan #2 referenced in the City’s Strategic Plan and Project TIE14 in the City’s Strategic Plan is to, “Implement ADA (Americans with Disabilities Act) plan for City programs, facilities, parks, streets, and sidewalks.”
ENVIRONMENTAL REVIEW
In accordance with CEQA, this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies).
CLIMATE IMPACT
Transportation generates over 70% of the greenhouse emissions in Alameda. Improving pedestrian accessibility and safety not only enhances accessibility, it supports non-carbon emitting modes of transportation and the use of transit, which reduces greenhouse gas emissions from the City’s transportation sector.
In addition, vulnerable populations will disproportionately bear the brunt of climate impacts. As disasters increase in frequency and duration, the need for City services to support vulnerable residents will increase. The ADA Plan identifies strategies to ensure the City is considering accessibility in emergency management planning.
RECOMMENDATION
Approve the City of Alameda Americans with Disabilities Act Self-Evaluation and Transition Plan.
Respectfully submitted,
Erin Smith, Public Works Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. ADA Plan
2. ADA Plan Appendices