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DATE: December 20, 2010
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TO: Honorable Mayor and Members of the City 6uncil through City Manager
FROM: Vincent Marengo, Director of Public Works
SUBJECT: Resolution Accepting and Adopting the City of Petaluma's Americans with
Disabilities Act Self - Evaluation and Transition Plan of 2010 and Establishing the
City of Petaluma's Americans with Disabilities Act Coordinator
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting and adopting the
City of Petaluma's Americans with Disabilities Act Self- Evaluation and Transition Plan of 2010
and establishing the City of Petaluma's Americans with Disabilities Act Coordinator.
BACKGROUND
Congress'passed the Americans with Disabilities Act (ADA) on July 26, 1990. Several sections
of the ADA directly impacvCity operations: Title I employment practices; Title II policies,
programs, and services; and parts of Titles IV and V that apply to City services and facilities.
The ADA Self Evaluation and Transition Plan ( "Transition Plan ") is being prepared as partial
fulfillment of the requirements set forth in Title 11 of the Americans with Disabilities Act, which
states that public entity must reasonably modify its policies, practices, and procedures to avoid
discrimination against people with disabilities.
The City of Petaluma produced an ADA Self Evaluation and Transition Plan in 1996. Since that
time, changes to City policies and procedures and facility improvements have generated the need
for its update. In an effort to reduce costs, it was decided that staff would do the majority of the
work necessary to complete the Transition Plan. To this end, a consultant, Moore, Iacofano &
Goltsman, Inc. (MIG), was hired to train City staff and provide guidance and technical expertise
for the Transition Plan's completion, including how to audit physical access to City -owned
facilities and document any barriers. Department management has participated throughout the
process by initially providing department - specific information in a questionnaire, and further, by
providing review of the Transition Plan itself.
On October 21, 2010, a draft Transition Plan was posted on the City's website for public review
prior to a public meeting,, which was held at 4pm on November 4, 2010. Thirty -seven different
Sonoma County organizations, which support disabled communities, were notified of the City's
current efforts, and the scheduled public meeting, and were given an opportunity to review and
Agenda Review:
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comment on the draft Plan. The meeting was attended by approximately six City employees and
two members of the public. There were a variety of questions regarding the plan specifics, and
general discussions about accessibility that did not directly relate to the plan. There were no
comments that required any significant changes to the plan or our process.
DISCUSSION
The ADA requires that the City work. diligently to remove barriers to the disabled public in
accessing programs and services. The Transition Plan serves as a guiding document for
departments, identifying areas for.improvement in policies practices and procedures, itemizing
barriers, by facility, and providing estimated costs and an anticipated schedule for removal of
each. It assists the City of Petaluma, its City Council, department heads, program directors, and
staff in identifying policy, program, and physical barriers to accessibility, and in developing
barrier removal solutions that allow access to all individuals.
The ADA requires that an organization select an ADA Coordinator to receive complaints from
community members, delegate responsibility and to follow up. Responsibility for
implementation of the plan rests with the ADA Coordinator, department heads and managers.
The Public Works Department has had the lead role in coordinating the effort to complete this
revised plan. Previously, the responsibility was held by the Administrative Services Director
until that department was reorganized. The attached resolution formally designates the Public
Works Director as the ADA Coordinator.
The accepted Self - Evaluation and Transition Plan will be placed on the City's website for public
review and staff reference. Because this is meant to be an evolving document, minor
modifications or additions may be made over time.. Council is asked to delegate to the ADA
Coordinator, subject to the approval of the City Manager and /or the City Attorney, the authority
to make these minor changes.
FINANCIAL IMPACTS
The MIG contract was negotiated by the Risk Management Department for $32,710.00 to
support staff in development and completion of the Transition Plan. The consultant's hours were
minimized to focus on providing guidance to staff, training staff to perform the facility audits,
and leading the public meetings. An initial project budget of $25,000 was established for staff
time and project management.
Subsequently, staff forecasted that the initial budget would not be sufficient.to complete the
project and additional funds were requested. The Housing Division was able to provide $30,000
of developer-paid 'In-Lieu Housing Fees. It is estimated that no more than $5,000 in additional
staff time, beyond the spent -to -date amount below, will be spent to complete this project. The
remaining Housing Division'funds will be returned unless specifically allocated to ADA barrier
removal projects.
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Source
Amount Budgeted
Sent to Date
MIG
Risk Management
$32,710.00
$24,510.00
CIP staff time
PCDC
$25,000
$25,000.00
CIP staff time
In -Lieu Housing Fees
$30,000
$12,244.07
2
Financial resources for implementation of the Transition Plan have not been determined within
the plan, but should become a priority for future budgeting.
ATTACHMENTS
Resolution
® Items listed below are large in volume and are not attached to this report, but may be viewed in
the City Clerk's office.
® City of Petaluma ADA Self - Evaluation and Transition Plan 2010
ATTACHMENT 1
RESOLUTION ACCEPTING AND ADOPTING THE CITY OF PETALUMA'S
AMERICANS WITH DISABILITIES ACT SELF - EVALUATION AND TRANSITION
PLAN OF 2010 AND ESTABLISHING THE CITY OF PETALUMA'S AMERICANS
WITH DISABILITIES ACT COORDINATOR
WHEREAS, the Americans with Disabilities Act requires the City of Petaluma to
observe Title I1 in its policies, programs and services, and Title IV and V in its programs,
services and facilities; and
WHEREAS, the City of Petaluma has completed an update to its Self - Evaluation and
Transition Plan ( "Transition Plan "), which addresses programs, policies, services and facilities
and recommends actions for the removal of barriers to the disabled community; and
WHEREAS, the Americans with Disabilities Act requires, appointment of an ADA
Coordinator; and
WHEREAS, from time to time, in the implementation of the Transition Plan, it is
expected that a need may arise to make minor changes to the Plan to update information and /or
comply with future ADA changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Accepts and adopts the City of Petaluma's ADA Self- Evaluation and Transition Plan of
2010.
2. Appoints the. Director of Public Works as the ADA Coordinator for the City of Petaluma.
3. Authorizes and directs the City Manager to implement the Transition Plan and to delegate
the authority to make minor modifications to the Transition Plan which may be necessary
from time to time.
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