CITY OF LANCASTER AMERI CANS WI TH DISABIL ITIES ACT self-evaluation and transition plan PUBLIC REVIE W DRAFT | APRIL 24, 2015 This page intentionally left blank. ADA Self-Evaluation and Transition Plan April 24, 2015 Public Review Draft This page intentionally left blank. City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 Contents ADA Self-Evaluation and Transition Plan ................................................................................. i Contents ................................................................................................................................ i 1.0 Introduction ................................................................................................................ 1 1.1 Executive Summary .......................................................................................................... 1 1.2 Legislative Mandate ......................................................................................................... 2 1.3 Discrimination and Accessibility ....................................................................................... 3 1.4 ADA Self-Evaluation and Transition Plan Requirements and Process ............................. 5 1.5 Self-Evaluation .................................................................................................................. 6 1.6 Facility Assessments ......................................................................................................... 6 1.7 Undue Burden .................................................................................................................. 7 1.8 Safe Harbor Provisions ..................................................................................................... 7 1.9 Construction Tolerances .................................................................................................. 8 1.10 Public Outreach ................................................................................................................ 9 2.0 Self-Evaluation of Policy and Programmatic Accessibility ........................................... 11 2.1 Programmatic Modifications ............................................................................................... 11 2.2 Findings and Recommended Actions - Citywide Programs, Activities and Services ........... 12 2.3 Policy Review ....................................................................................................................... 26 3.0 ADA Transition Plan .................................................................................................. 35 3.1 Facilities .......................................................................................................................... 35 3.2 Pedestrian Facilities in the Public Rights-of-Way ........................................................... 44 4.0 ADA Policy and Complaint Procedure ........................................................................ 47 ADA Grievance Procedure ......................................................................................................... 47 5.0 Definitions ................................................................................................................ 51 5.1 Auxiliary Aids and Services ............................................................................................. 51 5.2 Complaint ....................................................................................................................... 51 5.3 Disability ......................................................................................................................... 51 5.4 Discrimination on the Basis of Disability ........................................................................ 51 5.5 Having a Record of Impairment ..................................................................................... 52 Contents Page i City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 5.6 Physical or Mental Impairments .................................................................................... 52 5.7 Qualified Individual with a Disability .............................................................................. 52 5.8 Reasonable Program Modifications ............................................................................... 53 5.9 Regarded as Having a Disability ..................................................................................... 53 5.10 Substantial Limitations of Major Life Activities.............................................................. 54 5.11 Undue Burden ................................................................................................................ 54 6.0 Program Accessibility Guidelines, Standards and Resources ....................................... 51 6.1 Introduction ......................................................................................................................... 55 6.2 Federal Accessibility Standards and Regulations ................................................................ 55 6.3 Title II: U.S. Department of Justice Publications ................................................................. 57 6.4 State of California Accessibility Standards and Regulations ............................................... 59 Appendix A: Public Outreach Materials ................................................................................ 69 Appendix B: Self-Evaluation - Questionnaire ........................................................................ 81 Appendix C: Self-Evaluation - Department Summaries ....................................................... 107 Appendix D: Section 504 Policies ....................................................................................... 133 Contents Page ii City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 1.0 Introduction 1.1 Executive Summary This Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan is being prepared to partially fulfill the requirements set forth in Title II of the Americans with Disabilities Act. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. This report will assist the City of Lancaster to identify policy, program, and physical barriers to accessibility and to develop barrier removal solutions that will facilitate the opportunity of access to all individuals. Title II of the ADA emphasizes the accessibility of programs, activities and services. This Plan addresses these issues by providing recommendations for action steps based on a comprehensive review of current practices including an on-line questionnaire that was completed by City staff regarding the delivery of services to the public. This process included every department that provides services to the public. As noted in Section 2.0, many City staff members report making modifications to City practices and procedures to assist people with disabilities in receiving the services provided by the City including providing materials in alternate formats, and holding meetings in accessible locations to ensure that people with disabilities have an opportunity to participate in civic life. A review of the City of Lancaster Municipal Code and other planning documents was also completed. When it is not feasible to provide accessible City programs, activities and services by relocating these activities to accessible facilities or providing auxiliary aids and services, the ADA requires that the City complete a Transition Plan describing the physical modifications to facilities that will support accessible programs. The Transition Plan described in Section 3.0 is the result of a detailed evaluation of all City of Lancaster municipal facilities where programs, activities and services are available to the public. Municipal facilities include City buildings, parks, public rights-of-way adjacent to City facilities, and City owned and managed facilities that are leased to organizations. Facilities that are not addressed in this ADA Title II Plan include private businesses and offices, private schools, County, State or Federal facilities, places of worship or private clubs. The facility evaluations were conducted using the most current accessibility standards. The resulting facility reports are available under separate cover through the City's ADA Coordinator. Each facility report lists potential barriers, provides information about the relevant State and Federal codes, includes a planning level cost estimate to remove the barrier, and indicates a barrier removal priority. These reports are a snapshot in time of the conditions observed during Introduction Page 1 City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 the evaluation period. The information contained in these reports has been transferred to a Microsoft Excel barrier analysis workbook. The workbook is the living Transition Plan document and is the City's on-going record of the remediation of barriers. The Transition Plan is intended to provide a framework for the continuous improvement of City facilities for people with disabilities. Barriers in City facilities will be removed systematically, based on established program priorities. It is the intent of the City to address and remove barriers to accessibility in public facilities based upon on the immediate necessity of programmatic access, degree of complexity, and overall cost. A table contained in Section 3.0 describes the schedule for barrier removal in public facilities owned by the City of Lancaster. This preliminary schedule represents a 15-year plan for barrier removal. It is the City’s intent to review all barriers during the first three years of the implementation of this Plan and address those barriers that can be resolved through programmatic modifications and maintenance. The City of Lancaster has designated an ADA Coordinator. The ADA Coordinator is responsible for coordinating the efforts of the City to comply with Title II and for investigating any complaints that the City has violated Title II of the ADA. The ADA Coordinator is also responsible for coordinating the efforts of the City to comply with all other applicable State and Federal physical and program accessibility requirements. A public workshop was held on October 13, 2014 to introduce the project and receive questions and comments related to the ADA Self-Evaluation and Transition Plan. The meeting materials for all community meetings related to the project are located in Appendix A. After the draft plan was internally reviewed by staff, the Draft Plan was shared with the public on April 28th, 2015. A public open house was held on May 4, 2015 to provide an opportunity for the public to ask questions and to comment on the Plan. After the incorporation of public comments the Plan went before Council for adoption on June 9, 2015. 1.2 Legislative Mandate The American with Disabilities Act (ADA) is a comprehensive civil rights law for persons with disabilities in both employment and the provision of goods and services. The ADA states that its purpose is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The development of a Transition Plan is a requirement of the federal regulations implementing the Rehabilitation Act of 1973, which requires that all organizations receiving federal funds Introduction Page 2 City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 make their programs available without discrimination toward people with disabilities. The Act, which has become known as the "civil rights act" of persons with disabilities, states that: No otherwise qualified handicapped individual in the United States shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (Section 504) Subsequent to the enactment of the Rehabilitation Act, Congress passed the Americans with Disabilities Act on July 26, 1990. Title II of the ADA covers programs, activities, and services of public entities. The Department of Justice's Title II regulation adopts the general prohibitions of discrimination established under Section 504 and incorporates specific prohibitions of discrimination for the ADA. Title II provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of Title V of the Rehabilitation Act. Specifically, the City may not, either directly or through contractual arrangements, do any of the following: • Deny persons with disabilities the opportunity to participate as members of advisory boards and commissions. • Deny persons with disabilities the opportunity to participate in services, programs, or activities that are not separate or different from those offered others, even if the City offers permissibly separate or different activities. • In determining the location of facilities, make selections that have the effect of excluding or discriminating against persons with disabilities. Title II of the ADA provides that public entities must identify and evaluate all programs, activities, and services and review all policies, practices, and procedures that govern administration of the entity's programs, activities, and services. This report and certain documents incorporated by reference, establishes the City's ADA Self-Evaluation and Transition Plan. 1.3 Discrimination and Accessibility This section provides an overview of physical and programmatic accessibility and the basic methods of providing access. There are two kinds of accessibility: • Program accessibility; and • Physical accessibility Introduction Page 3 City of Lancaster, ADA Self-Evaluation and Transition Plan Public Review Draft April 24, 2015 Absence of discrimination requires that both types of accessibility be provided. Program accessibility includes physical accessibility, but also entails all of the policies, practices, and procedures that permit people with disabilities to participate in programs and to access important information. Physical accessibility requires that a facility be barrier-free. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. Program accessibility requires that individuals with disabilities be provided an equally effective opportunity to participate in or benefit from a public entity's programs and services. Program accessibility may be achieved by either structural or non-structural methods. Non-structural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate sites. Programs offered by the City to the public must be accessible. Accessibility includes advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication. The City may achieve program accessibility by a number of methods: • Structural methods such as altering an existing facility; • Acquisition or redesign of equipment; • Assignment of aides; and • Providing services at alternate accessible sites. It is required that when choosing a method of providing program access, the City will give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. In compliance with the requirements of the ADA, the City must provide equality of opportunity. Introduction Page 4