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Item 7 - Americans with Disabilities Act of 1990 AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man.~~) INITIATED BY: John D. Fitch, Assistant City Manager ~ Penny Riley, Senior Management Analys~__ Kristen M. Mignone, Management Intern ~ DATE: January 31, 1995 SUBJECT: Araericans with Disabilities Act of 1990 Status Report on the City of Poway's Transition Plan 4~BSTRACT This report contains an overview of the status of the City's progress on the Americans with Disabilities Act (ADA) Transition Plan which was approved by the Poway City Council January 19, 1993. Federal law requires that all rea~[[!y achievable barriers be removed by January 26, 1995. This report details the City's progress toward completing the Transition Plan. ENVIRONMENTAL REVIEW This informational report is not subject to CEQA review. Appropriate environmental review is performed at the project level. FISCAL IMPACT Transition Plan projects have been financed by Community Development Block Grant (CDBG) funds. Staff estimates that the four-year ADA compliance program will cost $406,984. PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway Nears Chieftain. Since the ADA requires public entities to seek public input on the Transition Plan, a copy of this report was mailed to representatives of the Disabled Opportunities Center; Community Services for the Disabled; Deaf Community Service of San Diego; Association of Retarded Citizens; California Children Services Department of Health Services; San Diego Regional Center; Easter Seals Society; and United Cerebral Palsy. RECOMMENDATION It is recommended that the City Council receive and file this report. . ACTION 1 of 39 JAN 311995 ITEM 7 CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man_.~ INITIATED BY: John D. Fitch, Assistant City Manager~ Penny Riley, Senior Management Analys~-]~%x~ Kristen M. Mignone, Management Intern~_~ DATE: January 31, 1995 SUBJECT: Americans with Disabilities Act of 1990 Status Report on the City of Poway's Transition Plan BACKGROUND On July 26, 1990 the Americans with Disabilities Act (ADA) was enacted as Public Law 101-336 which took effect on January 26, 1992. The Act includes four separate titles which provide comprehensive civil rights protection to individuals with disabilities in the areas of employment, private entity public accommodations, state and local government services, and telecommunications. The primary intent of the Act is to eliminate discrimination against individuals with disabilities and to "provide clear, strong, consistent enforceable standards" that address discrimination against individuals with disabilities. The ADA further seeks to integrate individuals with disabilities into the mainstream with respect to employment, public accommodations, communication, and transportation. Under Title II of the ADA, specific responsibilities are placed on state and local governments. Title II prohibits public entities from subjecting qualified individuals with disabilities to discrimination. According to the Act, a "qualified individual with a disability" is considered a person who meets the essential eligibility requirements for receiving services or participating in a program, with or without 1) reasonable modification to rules, policies, or practices, 2) removal of architectural, communication, or transportation barriers, or 3) auxiliary aids and services. More specifically, services provided by the City may not directly or through a contractual agreement, 1) deny a qualified individual with a disability the opportunity to participate in or benefit from City services; 2) provide a qualified individual with a disability with an opportunity to participate that is not equal to the opportunities provided to others; 3) provide a qualified individual with a disability with an aid, benefit, or service, that is not as effective in providing the same results as provided to others; 4) provide different or separate services to individuals with disabilities than is provided to others; 5) perpetuate discrimination by providing assistance to an agency, organization, or person that discriminates on the basis of disability; 6} deny a qualified individual with a disability the opportunity to participate as a member 2 of 39 JAN 8 ! 1995 ITI::M 7 - Agenda Report - ADA Status Report January 31, 1995 Page 2 of a planning or advisory board; and 7) limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity provided to others by the City. Public entities may not use administrative criteria or methods that would result in discriminating against qualified individuals with disabilities and are prohibited from placing a surcharge on an individual or group of individuals with disabilities to cover costs necessary for providing individuals or groups with non-discriminatory services required under the act. FINDINGS In accordance with the ADA, the City's ADA Employee Committee developed a Transition Plan which identifies structural changes necessary for achieving program accessibility. The plan identifies such things as 1) architectural barriers which limit accessibility in all City-owned facilities, 2) methods necessary to provide accessibility, 3) estimated completion dates for each item, 4) responsible departments for making modifications, and 5) estimated costs to remove each architectural barrier. Although ADA required that all removal projects be identified by July 26, 1992, the City's ADA Employee Committee required additional time to complete the Transition Plan in order to thoroughly evaluate and determine necessary modifications for each City-owned facility. As part of the process for developing a Transition Plan, Building Division Services Manager, Ed Wilczak, assisted each department's ADA representative in the evaluation of facilities owned by the City. The facilities evaluated included: City Hall, Redevelopment Services Department, Planning and Engineering Modular Units (Buildings "A", "B" and "C"), Community Services Administrative Offices, Operations Center, Lake Poway Administrative Offices and park facility, Fire Stations #1 and #2, Water Treatment Plant, Meadowbrook and Twin Peaks Multi- Purpose facilities, and all park facilities. Public streets were also evaluated, including Poway Road, Pomerado Road, Community Road, Twin Peaks Road, Espola Road, and Midland Road. Remaining public streets have been evaluated as part of Phases III and IV of the Transition Plan. Since the County of San Diego leases the Poway Sheriff's Substation from a property management company, the facility was not included in the transition evaluation. On January 19, 1993, a full ADA Transition Plan/Self-Evaluation Report was presented to the City Council. Included in this report were an Executive Summary of the Americans with Disabilities Act of 1990 and two different outlines of the ADA: a general overview and information for managers, supervisors, and department heads. Originally, the Transition Plan identified 178 projects with an estimated total completion cost of $268,435. With the addition of Phase IV and revisions to project costs, staff estimates the four-year total expenditure as $406,984. Facility modifications listed in the Transition Plan included modifying doors to accommodate wheelchairs, installing lever door hardware, installing handrails and access ramps to facilities, adding signage to identify accessible routes and restrooms, modifying restroom facilities to remove existing barriers, modifying parking lots to improve disabled parking spaces, installing Telecommunication 3 of 39 JAN 8 1 1995 I'FE~ 7 Agenda Report - ADA Status Report January 31, 1995 Page 3 Display Device (TDD) machines in City facilities, improving access to playground equipment, and installing public street access ramps. When the City of Poway drafted the Transition Plan, the project was divided into three separate phases. Phase I, comprised of 64 projects, was 90% completed during calendar year 1993. Final improvements in Phase I were completed in late 1994. The ADA Employee Committee scheduled the installment of all facility access and restroom signage, installment of facility access ramps, and parking lot, public restroom and door modification for the first phase since these items would immediately improve access to City facilities. The total cost for Phase I was $25,011.68. The City is currently in Phase II of the Transition Plan. Seventy-seven projects are expected to be completed during 1995, costing in total $252,567. The final phase, Phase III, includes the remaining eight Transition Plan projects to be completed in 1996. At this time, Phase III is expected to cost $63,400. Phase IV, estimated at $123,500, is comprised of additional public street access ramps, improvements at Poinsettia Mobilehome Park, and miscellaneous ADA improvements which were not fully funded or identified in the previous three phases. If it is possible to complete Transition Plan projects earlier than scheduled, every effort will be made to do so. PHASE I Disabled van parking spaces were installed with proper aisle and ramp access at many City facilities, including City Hall, both Fire Stations, the Water Treatment Plant, Twin Peaks Multi-Purpose facility, Community Park and StarRidge Park. Also, complying signage was placed in parking lots to designate disabled parking spaces. Another access improvement made during Phase I was that general entry doors were modified to accommodate disabled persons more easily. In many places, handrails were added to improve access and door hardware was changed from knobs to levers, which assists those who have limited use of their hands. Signage was added to direct people to the accessible entrances. Improvements in this area were made in facilities such as: Poway City Hall, modular buildings, both Fire Stations, and Community Park. Effective improvements were also made in City restroom facilities, making them equally accessible for the whole community. In many cases, fixtures were lowered within the restrooms, including mirrors, urinals, and paper towel dispensers, so that they could be used more easily by those in wheelchairs. Restrooms were improved at the Fire Stations, Lake Poway, Weingart Center, and all 32 City parks. ADA also requires that adjustments be made in the area of telecommunications, so that communication is relatively easy for people of all abilities. To expedite this, public pay phones were lowered to the regulatory height for access by those 4 of 39 JAN ;t 1 1995 ITE]VI 7 ' Agenda Report - ADA Status Report January 31, 1995 Page 4 in wheelchairs, additional phones were added, and TDD phones for the hearing impaired were installed. Telecommunication improvements were made at City Hall, the Performing Arts Center, and the Weingart Center. Additional miscellaneous changes were made in City facilities to help meet the needs of citizens with disabilities, including paper cup holders installed near water fountains and enlarged lettering on directory signs in the lobby of City Hall. PHASE II In Phase II, it is expected that 77 projects will be completed. Improvements are scheduled to be made Citywide to public street access ramps, telecommunications, entrance doors, stairways~ restrooms and playgrounds. Along the arterial roads in the City, 88 public street access ramps have been identified to be either installed or repaired in order to facilitate the mobility of those using wheelchairs or scooters. Also, significant resources will be devoted to the upgrading of pedestrian curb ramps; in fact, the City will spend $179,000 over three years to construct or modify street curb ramps to ADA standards. Additional TDD phones will be installed at both Fire Stations and the Community Services office. The Transition Plan originally envisioned TDD devices at each City park. Due to the increasing incidence of vandalism, a determination has been made by staff to eliminate these sensitive instruments at park pay phones because the TDD machines will be a likely target for damage within days of installation. Throughout the City, building access ramps will be repaired and/or installed. In many places, handrail extensions will be made on existing ramps. These changes will take place at the Water Treatment Plant, Lake Poway Park, Community Park, and Old Poway Park. Restroom facilities at Lake Poway, Community Services Administrative Office, and Old Poway Park (Hamburger Factory) will be remodeled to be more accessible. Lake Poway Playground and Old Poway Park Tot Lot will be renovated to comply with ADA standards. Improvements to each playground will include resilient matting. Phase II improvements are slated to be completed in 1995. Approximately 26 of the Phase II improvements have been constructed at the time of this status report. PHASE III Phase III contains six projects estimated to cost $63,400.00. Phase III will provide additional public street pedestrian curb ramps, improvements to Lake 5 of 39 JAN 3 1 1995 ITEM 7 Agenda Report - ADA Status Report January 31, 1995 Page 5 Poway and Community Park playgrounds, TDD for the Library, improvements to the tennis court entrance, and a side-by-side refrigerator for the Lake Poway Pavilion. Phase III improvements will be completed in early 1996. PHASE IV Phase IV of the ADA Transition Plan provides for continuation of the public street pedestrian curb ramp project, ADA improvements at Poinsettia Mobilehome Park common area facility (needed to retain its designation as a Senior Park under HUD regulations), and miscellaneous ADA improvements not previously identified in the Transition Plan. Funding for Phase IV improvements will be available in March 1996. The projects are expected to cost $123,500. Grievance Procedure On June 23, 1992, the Poway Ci_t~ Council approved a standardized grievance procedure for staff to utilize for ADA-related concerns (Exhibit "B"). To date, staff has worked with several qualified individuals with disabilities who have identified barriers to access City facilities or programs. Concerns voiced by citizens center on specific public street curb ramps which are needed for an individual to travel from their home to a specific destination; the inability of fishermen to access the boat dock when the lake is at a low elevation; and the accessibility of restrooms at the Hamburger Factory. These improvements had been previously identified by staff in the Transition Plan and are scheduled for correction in the summer of 1995 or earlier. Staff has also received complaints about pedestrian push buttons at two locations on Poway Road which are placed too high to be reached from a wheelchair. Lower buttons have been ordered by staff. Also, the increasing incidence of built-up asphalt lip that has accumulated near concrete gutters due to previous road surfacing is a problem for motorized wheelchair users. A Public Services Department work order has been generated to have the identified areas of pavement ground down to an acceptable level near the gutters. CIP staff will monitor future street resurfacing projects to ensure that the necessary grinding is performed by the contractor. Additionally, a fire hydrant located in the sidewalk near the Poway Valley Center presents a barrier to travel along the north side of Poway Road. Staff is currently analyzing the fiscal impact of relocating the hydrant. The concerns discussed above were not previously identified as part of the Transition Plan. The Personnel Division of the City of Poway has received a recent inquiry from a staff member requesting an accommodation under Title II of the Americans with Disabilities Act; however, a formal request for accommodation has not yet been submitted to the City. JAN 311995 I?~ 7 6 of 39 - Agenda Report - ADA Status Report January 31, 1995 Page 6 CONCLUSION The Americans with Disabilities Act of 1990 required that all barrier removal projects be completed by January 26, 1995. The League of California Cities estimates that a majority of cities have not even formalized the Self-Evaluation or Transition Plan which were required in 1992 and that few cities in the country will meet the target date for construction of improvements. The City of Poway has continued to make steady progress toward increasing accessibility to all City facilities and programs and to respond appropriately to citizen inquiries and grievances. Staff estimates that Transition Plan improvements will be completed in early 1996. ENVIRONMENTAL REVIEW This informational report is not subject to CEQA review. Appropriate environmental review is performed at the project level. PUBLIC NOTIFICATION AND CORRESPONDENCF Public notice was published in the Powax News Chieftain. Since the ADA requires public entities to seek public input on the Transition Plan, a copy of this report was mailed to representatives of the Disabled Opportunities Center; Community Services for the Disabled; Deaf Community Service of San Diego; Association of Retarded Citizens; California Children Services Department of Health Services; San Diego Regional Center; Easter Seals Society; and United Cerebral Palsy. FISCAL IMPACT Staff anticipates that the entirety of Transition Plan projects will be financed by Community Development Block Grant funds (CDBG). Staff estimates that the four-year ADA compliance program will cost $406,984. RECOMMENDATION It is recommended that the City Council receive and file this report. Attachments: Exhibit "A" - Updated Transition Plan Exhibit "B" - Grievance Procedure 7 of 39 JAN 311995 I~ 7 CITY HALL 13325 CIVIC CENTER A. PARKING SPACE INSTALL ONE DISABLED 1993 COMPLETED VAN PARKING SPACE IN FRONT OF CITY HALL B. PARKING LOT DESIGN DISABLED 1993 COMPLETED ACCESS RAMP VEHICLE PARKING SPACES TO PROVIDE PROPER AISLE AND RAMP ACCESS FOR WHEELCHAIRS C. FRONT MODIFY ONE FRONT 1993 COMPLETED ENTRANCE DOOR DOOR TO ACCOMMODATE WHEELCHAIR (INCLUDE PANIC DEVICE) D. FRONT DOOR BOTTOM RAIL ON FRONT 1993 COMPLETED BOTTOM RAIL DOORS MUST BE AT LEAST 10" FROM THE FLOOR E. EXTERIOR SIDE INSTALL LEVER 1994 ENTRANCE DOOR HARDWARE HARDWARE F. PUBLIC LOWER LOBBY PUBLIC 1992 COMPLETED TELEPHONE TELEPHONE TO ACCOMMODATE WHEELCHAIRS G. PUBLIC INSTALL TDD FOR LOBBY 1994 COMPLETED TELEPHONE H. SODA VENDING MOVE SODA VENDING 1992 COMPLETED MACHINE MACHINE TO PROVIDE WHEELCHAIR ACCESS TO PHONE 8 of 39 ,JAN :~ 1 1995 ITEM 7 I. DIRECTORY SIGN ENLARGE LETTERING ON 1993 COMPLETED DIRECTORY SIGN J. SWITCHBOARD PROVIDE RECEPTIONIST 1993 COMPLETED TELEPHONE WITH TDD K. LOBBY WATER INSTALL PAPER CUP 1993 COMPLETED FOUNTAIN DISPENSER L. TREAD ON INSTALL STRIPING 1993 COMPLETED STAIRWAY (TREAD) ON EACH STEP M. BO'FI'OM INSTALL 23-INCH 1993 TO 1994 PROGRAM HANDRAIL MINIMUM EXTENSION TO BOTTOM OF HANDRAIL N. TOP HANDRAIL INSTALL 12-INCH 1993 TO 1994 PROGRAM EXTENSION MINIMUM EXTENSION TO TOP PORTION OF STAIRWAY HANDRAIL O. STEP RISERS INSTALL CLOSURES TO 1994 DELETED FROM PLAN OPEN RISERS BETWEEN FOR AESTHETIC REASONS EACH STEP P. RESTROOM INSTALL LEVER 1993 COMPLETED WITH PUSH DOOR HARDWARE HARDWARE FOR ALL PLATES RESTROOM DOORS Q. RESTROOM RAISE TOILETS IN ALL 1993 COMPLETED TOILETS RESTROOMS R. RESTROOM INSTALL SIGNAGE TO 1993 COMPLETED SIGNAGE IDENTIFY S. COUNCIL INSTALL LEVER 1993 COMPLETED CHAMBERS DOOR HARDWARE ON HARDWARE ENTRANCE T. SPEAKER SLIP LOWER BOX CONTAINING 1992 COMPLETED BOX SPEAKER REQUEST SLIPS AND AGENDAS 9 of 39 JAN 311995 I"J'F-~ 7 U. HEAD PHONES PURCHASE AND INSTALL 1993 COMPLETED FOR THE HEARING HEAD PHONES IMPAIRED V. CITY COUNCIL & INSTALL LEVER 1993 COMPLETED CITY MANAGER'S HARDWARE OFFICE DOOR THROUGHOUT HARDWARE W. FURNITURE REARRANGE FURNITURE 1992 COMPLETED LAYOUT IN COUNCIL OFFICE TO ACCOMMODATE THE DISABLED X. CITY CLERK'S INSTALL LEVER 1993 COMPLETED OFFICE DOOR HARDWARE ON HARDWARE HALLWAY DOOR Y. AGENDA BOX LOWER THE AGENDA 1992 COMPLETED BOX OUTSIDE THE CLERK'S OFFICE Z. PERSONNEL INSTALL LEVER HANDLE 1993 COMPLETED DIVISION DOOR ON MAIN ENTRANCE HARDWARE DOOR AA. FINANCE & INSTALL LEVER 1993 COMPLETED PURCHASING HARDWARE ON DIVISION DOOR ENTRANCE DOOR HARDWARE BB. EXTERIOR INSTALL STRIPING TO 1993 COMPLETED STAIRWELL TOP AND BOTTOM STRIPING STAIRS CC. STEP RISERS INSTALL CLOSURES 1994 ~.0 of 39 JAN 3 1 1995 IT~ 7 XIII. CAPITAL IMPROVEMENT BLDG (RdS) 13325 CIVIC CENTER A. ACCESS RAMP INSTALL HANDLE AT TOP 1993 COMPLETED HANDLE OF ACCESS RAMP B. LANDING RAMP REVERSE SWING OUT ON 1993 COMPLETED WITH TO ENTRANCE ENTRANCE DOOR REMODEL PROJECT OPERATIONS CENTER 14445 LAKE POWAY A. DOOR INSTALL LEVER 1993 DELETED FROM PLAN HARDWARE HARDWARE TO ENTRY DUE TO REMODEL PJCT. DOOR AND LOUNGE B. ACCESS RAMP INSTALL WHEELCHAIR 1992 COMPLETED RAMP TO ACCESS THE BUILDING C. PARKING DESIGNATE ONE 1993 COMPLETED DISABLED PARKING SPACE AT ENTRANCE LAKE POWAY ADMINISTRATIVE OFFICES 14644 LAKE POWAY A. DOOR INSTALL LEVER 1993 COMPLETED HARDWARE HARDWARE 11 of 39 JAN 2 1 1995 I'J'~ 7 A. ACCESS OF THE ARTERIALS 1994 CURRENTLY UNDER RAMPS SURVEYED (POWAY DESIGN PHASE II ROAD, POMERADO ROAD,COMMUNITY ROAD, TWIN PEAKS ROAD, ESPOLA ROAD, AND MIDLAND ROAD), 88 RAMPS NEED TO BE EITHER INSTALLED OR BROUGHT UP TO PROPER STANDARDS. MEDIAN CONFLICTS MUST BE CORRECTED B. PUBLIC STREETS SURVEY ADDITIONAL 1995 SURVEY COMPLETE ACCESS RAMPS STREETS AND INSTALL PHASE III PROPER ACCESS RAMPS C. PUBLIC STREETS SURVEY REMAINING 1996 AREAS IDENTIFIED FOR ACCESS RAMPS STREETS AND INSTALL CONSTRUCTION PHASE IV PROPER ACCESS RAMPS FIRE STATION NO. 1 13050 COMMUNITY A. PARKING THE DISABLED VEHICLE 1993 COMPLETED PARKING SPACE SHOULD BE 18' X 6' LONG AND 9' WIDE WITH A 5' AISLE ON BOTH SIDES OF THE SPACE B. PARKING THE ACCESS RAMP FROM 1993 COMPLETED ACCESS RAMP THE PARKING AREA TO THE FRONT DOOR SHOULD BE DIRECTLY IN FRONT OF THE FRONT DOOR AND THE EMERGENCY (RED) PHONE 12 of 39 JAN 11995 7 C. EMERGENCY INSTALL TDD MACHINE 1994 PHONE D. FRONT DOOR THE PULL FORCE ON THE 1993 COMPLETED FRONT DOOR IS OUT OF ADJUSTMENT E. WATER INSTALL PAPER CUP 1993 COMPLETED FOUNTAIN DISPENSER F. INSTALL INTERCOM 1993 COMPLETED COMMUNICATION DEVICE OUTSIDE OF THE TO SECOND FLOOR DAYROOM WITH PROPER ADMIN. OFFICES SIGNAGE G. WATER INSTALL A PAPER CUP 1993 COMPLETED FOUNTAIN NEAR DISPENSER CLASSROOM II. RESTROOM RESTROOMS OUTSIDE 1993 COMPLETED FACILITY CLASSROOM: REMOVE PARTITIONS, INSULATE PIPES, INSTALL LEVER HARDWARE ON FAUCETS, AND INSTALL LIGHTER DOOR CLOSURES I. DOOR INSTALL LEVER 1993 COMPLETED HARDWARE HARDWARE ON DOORS TO CLASSROOM AND INSTALL HAND RAILS ON RAMP OUTSIDE CLASSROOM I. PARKING INSTALL A DISABLED 1993 COMPLETED VAN SPACE ADJACENT TO CLASSROOM 13 of 39 JAN a I 1995 IT~ 7 K. ACCESS RAMP CUT A "CURB CUT" RAMP 1992 COMPLETED FOR WHEELCHAIRS FROM THE DISABLED SPACE ADJACENT TO THE CLASSROOM L. ACCESS RAMP INSTALL A RAMP FROM 1994 COMPLETED THE SIDEWALK AT THE BOTTOM OF THE ADMINISTRATION SPACES TO ACCESS THE KITCHEN AREA M. DOOR INSTALL LEVER 1993 COMPLETED HARDWARE HARDWARE ON UPSTAIRS DOORS FIRE STATION NO 2 16912 OLD COACH A. PARKING MAKE THE DISABLED 1993 COMPLETED VEHICLE SPACE THE CORRECT SIZE B. RED PUBLIC INSTALL AN EMERGENCY 1994 TO BE INSTALLED AT THE EMERGENCY PHONE (RED) PHONE (TDD) REAR OF BUILDING ADJACENT TO THE DISABLED PARKING SPACE C. SIGNAGE INSTALL SIGNAGE 1993 WITH THE 1994 TDD DIRECTING PEOPLE TO PROJECT THE APPROPRIATE DOOR OR PHONE D. DOOR AND INSTALL ACCESS DOOR 1994 TO BE DELETED, HARDWARE WITH PROPER RELOCATED TO THE HARDWARE REAR OF BUILDING 14 of 39 JAN 3 1 1995 r~'~.,,~ 7 E. FLOOR SMOOTH OUT THE TILE 1994 LIP INTO THE KITCHEN AND HALLWAY F. RESTROOM MAKE THE WOMAN'S 1993 COMPLETED BATHROOM INTO A UNISEX FACILITY THAT IS ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. G. RESTROOM READJUST THE 1993 COMPLETED BATHROOM GRAB BARS TO THE TOILET AND INSTALL LEVER HARDWARE ON THE ENTRANCE DOOR H. DOOR INSTALL PULL HANDLES 1993 COMPLETED HARDWARE FOR THE INTERIOR ACCESS DOORS I. ACCESS SIGNAGE INSTALL SIGNAGE 1993 COMPLETED THROUGHOUT BOTH FIRE STATIONS DIRECTING INDIVIDUALS WITH DISABILITIES TO THE APPROPRIATE PUBLIC ACCESS SERVICES WATER TREATMENT PLANT 14521 LAKE POWAY A. FRONT ACCESS INSTALL ACCESS RAMP 1994 COMPLETED RAMP B. RESTROOMS INSTALL HANDRAILS 1994 COMPLETED 15 of 39 JAN ~) 1 1995 FF~q~8 7 C. WATER TANK INSTALL RAMPS TO 1994 DELETED FROM PLAN RAMPS ACCESS WATER TANK DUE TO WATER AREA TREATMENT PLANT UPGRADE D. PARKING PROVIDE PROPER I993 COMPLETED PARKING SPACE FOR INDIVIDUALS WITH DISABILITIES LAKE POWAY RECREATION AREA 14644 LAKE POWAY A. STAIR STRIPING ADD CONTRASTING 1994 COMPLETED STRIPING TO ALL STAIRS AT GROUP PICNIC AND BALLFIELDS B. HANDRAILS AT INSTALL CONTINUOUS 1994 COMPLETED DOCK & GROUP HANDRAIL ON DOCK PICNIC AREA ACCESS RAMP AND GROUP PICNIC AREA ACCESS RAMP C. HANDRAIL ADD HANDRAIL 1994 DESIGNED EXTENSIONS EXTENSIONS ON ALL STAIRS AND ACCESS RAMPS D. SIDEWALK AND WIDEN SIDEWALK TO 4' 1994 COMPLETED HANDRAIL AT MAIN NORTH ENTRANCE TO PAVILION ADD HANDRAILS TO SIDEWALK 16 of 39 JAN 3 1 'i995 I"J'~3.,~ 7 E. SIDEWALK GAPS FILL EXISTING GAPS IN 1994 COMPLETED SIDEWALK SURROUNDING PAVILION FOR A SMOOTH SURFACE FINISH F. LEVER INSTALL NEW LEVER 1993 COMPLETED HARDWARE HARDWARE ON ALL DOORS IN PAVILION G. DOORS & WIDEN THREE 1994 GRABRAILS RESTROOM DOOR OPENINGS AND INSTALL GRAB RAILS H. PLAYGROUND REMOVE PHYSICAL 1994 BID AWARDED, EQUIPMENT BARRIERS TO PAVILION CONSTRUCTION TOT LOT AND MAKE COMPLETE IN APRIL 1995 -- EQUIPMENT ACCESSIBLE I. PLAYGROUND INSTALL ACCESSIBLE 1995 EQUIPMENT MATTING FOR SOFTBALL FIELD PLAY-GROUND $. BALLFIELD INSTALL HANDRAILS TO 1994 BLEACHER RAMPS SIDE-WALKS ON NORTH SIDE OF BALLFIELD BLEACHERS LEAVING A LANDING AREA AT JUNCTURE OF THE TWO SIDEWALKS, ONE LEADING FROM CONCESSION LEVEL TO LANDING, THE SECOND FROM LANDING TO BALLFIELD LEVEL 17 of 39 J/I,N 3 1 1995 I"[~ll 7 K. BALLFIELD WIDEN SIDEWALKS ON 1994 COMPLETED SIDEWALKS BOTH SIDES OF BALLFIELD TO ALLOW FOR WHEELCHAIR ACCESS AROUND LIGHT STANDARDS TO DUGOUT AND FIELD ENTRANCES L. DUGOUT MOVE OUTSIDE DUGOUT 1992 COMPLETED ENTRANCES CEILING SUPPORT INWARD TOWARDS HOMEPLATE SIDE AND SHORTEN FRONT RETAINING WALL TO CREATE A LARGER DUGOUT ENTRANCE IN BOTH DUGOUTS M. PAPER TOWEL ADD A LOWER PAPER 1994 COMPLETED DISPENSER TOWEL DISPENSER TO BALLFIELD WOMEN'S RESTROOM N. MENS URINAL LOWER AND REPLACE 1993 DELETED ACCESSIBLE URINAL IN BALLFIELD STALL AVAILABLE MEN'S RESTROOM O. DOCK RAMP CREATE A SAND RAMP 1994 COVERED WITH ACCESSIBLE MATTING WHICH CAN BE MODIFIED TO MATCH DOCK LEVELS DURING LOW WATER PERIODS 18 of 39 JAN 31 1995 IT~.,'~ 7 P. FISHING FLOAT CUT EXISTING ASPHALT 1994 FLOAT DEMOLISHED RAMP RAMP TO WEST FISHING REMOVED FROM PLAN FLOAT AND REPLACE WITH CONCRETE FOR SMOOTH END TREATMENT. FINISH WITH SAME TEMPORARY RAMP MEASURES AS DOCK FOR LOW WATER PERIODS Q. RETAINING CONSTRUCT A SMALL 1992 COMPLETED WALL RETAINING WALL AT INTERSECTION OF FISHING FLOAT WALKWAY AND TRAIL CUTOFF ON WEST SIDE OF LAKE TO MAINTAIN CONSISTENT WALKWAY WIDTH R. DOOR ADD LEVER HARDWARE 1993 COMPLETED HARDWARE ON SCREEN DOOR AND PUSH HARDWARE ON SOLID DOOR FOR ACCESS TO BAIT SHOP S. CONCESSION CREATE COMPLYING 1994 RFP FOR ARCHITECT RESTROOMS CONCESSION RESTROOMS COMPLETE T. MIRROR INSTALL AN ADDITIONAL 1993 DELETED FROM PLAN TO LOWER MIRROR IN BE DEMOLISHED WOMEN'S ROOM AT AREA 6 U. RESTROOM LOWER PAPER HOLDER 1993 DELETED FROM PLAN TO FIXTURES AND TOWEL DISPENSER BE DEMOLISHED IN AREA 6 MEN'S ROOM. ADD GRAB RAILS TO LARGEST STALL 19 of 39 dAN 3 1 1995 ITEM ? , V. WATER INSTALL A DUAL HEIGHT 1994 DELETED FROM PLAN TO FOUNTAIN ACCESSIBLE DRINKING BE DEMOLISHED FOUNTAIN AT AREA 6 RESTROOM AND WIDEN SIDEWALK TO PROVIDE ACCESS IN FRONT OF FOUNTAIN W. PARKING RESTRIPE THE LAKE 1993 COMPLETED SPACES POWAY PARKING LOTS TO ALLOW ONE VAN SPACE AT AREAS 6, 4, 1, AND OFF THE BALLFIELD LOTS. IMPROVE ADDITIONAL EIGHT DISABLED PARKING SPACES X. GAZEBO CREATE A SIDEWALK 1994 SIDEWALK FROM DISABLED PARKING SPACE TO AREAS 6 AND 4 GAZEBOS. ENCOMPASS A SPACE FOR AN ACCESSIBLE PICNIC TABLE AND INCLUDE LARGE BARBECUE AT SITE SCHEME AT EACH Y. RESTROOMS LOWER MIRRORS IN 1993 COMPLETED AREA 8 RESTROOM AND ADD GRABRAIL AND PAPER DISPENSER IN MEN'S ROOM Z. REFRIGERATOR CHANGE PAVILION 1995 REFRIGERATOR TO A SIDE-BY-SIDE STYLE AA. PUBLIC PAY LOWER PUBLIC PHONE IN 1993 COMPLETED PHONE CONCESSION AREA 20 of 39 JAN 2 1 1995 BB. PUBLIC PAY INSTALL TDD TO PHONE 1994 DELETED FROM PLAN PHONE COMMUNITY SERVICES OFFICE 13202 POWAY RD. A. UNISEX WIDEN ALL HALLWAY 1994 RESTROOM ACCESS TO RESTROOMS. CREATE UNISEX RESTROOM FROM WOMEN'S ROOM BY REMOVING ONE TOILET AND STALL PARTITIONS. ADD GRAB BARS B. HANDRAILS INSTALL HANDRAILS ON 1994 -- RAMP FROM PARKING LOT TO FRONT DOOR LANDING C. FRONT DOORS METAL KICKPLATE ON 1993 TO 1994 PROGRAM FRONT DOORS MUST BE AT LEAST UP TO 10" FROM THE GROUND D. PARKING SPACE RESTRIPE PARKING LOT 1993 COMPLETED TO ALLOW FOR ONE VAN SPACE AND DISABLED SPACE WITH PROPER SIGNAGE AND RAMPS INSTALLED E. WATER INSTALL PAPER CUP 1993 COMPLETED FOUNTAIN DISPENSER F. FRONT COUNTER SHORTEN FRONT 1993 TO 1994 PROGRAM COUNTER TO WIDEN ACCESS AISLE OR RELOCATE WATER - FOUNTAIN 2t of 39 JAN 3!'~995 lT~i~ 7 G. DOOR INSTALL LEVER I993 COMPLETED HARDWARE HARDWARE ON INTERIOR AND REAR EXIT DOOR H. FRONT DOOR LIGHTEN PULL NEEDED 1993 TO 1994 PROGRAM FOR INTERIOR AND REAR EXIT DOOR. FRONT DOOR OPENING OR INSTALL AUTOMATIC OPENER I. INTERIOR DOORS WIDEN ALL INTERIOR 1994 DOORS, ESPECIALLY THE DIRECTOR'S OFFICE J. PHONE/TDD PURCHASE AND INSTALL 1994 TDD COMMUNITY PARK 13094 BOWRON RD A. TENNIS COURT MAKE TENNIS COURT #I 1995 ACCESSIBLE. WIDEN GATES IF NECESSARY AND CHANGE HARDWARE TO COMPLYING STYLE B. PARKING RAMP IMPROVE RAMP TO 1994 COMPLETED TENNIS COURTS FROM PARKING LOT C. PARKING ADD VAN SPACES NEAR 1993 COMPLETED SPACES TENNIS COURTS AND POOL. MODIFY SOME EXISTING DISABLED SPACES TO VAN SPACES IN MAIN LOT 22 of 39 JAN 3 ! 1995 |TZ.i~,~ 7 D. UNLEVEL REPAIR ALL SECTIONS OF 1994 COMPLETED SIDEWALKS SIDE-WALKS WITH UNEVEN LEVELS OR WIDE GAPS BETWEEN SECTIONS, ESPECIALLY BEHIND RECREATION OFFICE, IN PLAYGROUND AND AT BALLFIELD RESTROOM E. RAMP INSTALL RAMP WITH 1994 HANDRAILS AT WEST NEIGHBORHOOD ENTRANC~ TO THE PARK F. HANDRAILS INSTALL HANDRAILS ON 1994 SIDEWALK FROM REAR OF SENIOR CENTER TO BALLFIELD LEVEL G. HANDRAILS PLACE HANDRAILS ON 1994 PLAYHOUSE RAMP IN TOT LOT H. DOOR RAMPS REDO RAMPS TO DOOR 1994 ENTRANCES OF OFFICE, ACTIVITY ROOM, KITCHEN, ETC. I. OFFICE DOOR REPAIR OR REPLACE 1993 COMPLETED OFFICE DOOR WITH COMPLYING FIXTURE, 10" KICKPLATE, PROPER PULL STRENGTH AND HARDWARE J. REFRIGERATOR CHANGE REFRIGERATOR 1994 COMPLETED AND SINK TO SIDE-BY-SIDE STYLE AND INSTALL KNEE SPACE UNDER SINK 23 of 39 JAN 3 1 1995 1']'~..3.~ 7 K. PAY PHONE UPGRADE PAY PHONE 1994 DELETED FROM PLAN FOR HEARING IMPAIRED USE L. BRIDGE INSTALL HANDRAILS ON 1994 HANDRAILS WEST BRIDGE TO ADVENTURE PLAYGROUND M. DRINKING INSTALL COMPLYING 1994 FOUNTAIN TWO LEVEL DRINKING FOUNTAIN IN ADVENTURE PLAYGROUND AND BALL-FIELD LOCATIONS N. PICNIC TABLE MAKE I OR 2 EXISTING 1994 COMPLETED WALKWAYS PICNIC TABLES ACCESSIBLE BY SIDE-WALK, INSTALL BARBECUES IF NONE EXIST O. STAIR STRIPING INSTALL CONTRASTING 1994 COMPLETED STRIPES ON STAIR ENTRANCE TO ADVENTURE PLAYGROUND P. STAIR STRIPING ADD CONTRASTING 1994 COMPLETED STRIPES TO AUDITORIUM AND ACTIVITY ROOM STAIRS Q. RESTROOM WRAP SINK DRAINS 1993 COMPLETED R. BRIDGE AND INSTALL PROPER 1993 SIGN PURCHASED, NEED RAMP SIGNAGE DIRECTING BRIDGE HANDRAILS PEOPLE TO AN PRIOR TO INSTALLATION ACCESSIBLE ROUTE FOR PARK 24 of 39 JAN 3 1 1 95 7 S. PLAYGROUND MAKE EQUIPMENT IN 1995 ADVENTURE PLAYGROUND ACCESSIBLE COMMUNITY SWIM CENTER 13094 BOWRON RD A. LOCKER ROOM INSTALL NEW CLOSURES 1993 COMPLETED ON LOCKER ROOM ACCESS DOORS B. HANDRAILS ADD HANDRAILS TO 1994 EXTERIOR SIDEWALK NEAR DRAIN DITCH ON NORTH SIDE OF '- CHEMICAL ROOM C. PUBLIC PAY LOWER PUBLIC PHONE 1993 COMPLETED PHONE WEINGART CENTER 13094 BOWRON ROAD A. RESTROOM INSTALL NEW 1993 COMPLETED FIXTURES LAVATORY FAUCETS IN BOTH RESTROOMS AND LOWER ONE URINAL IN MEN'S ROOM B. DRINKING ADD CUP DISPENSER TO 1994 DELETED FROM PLAN FOUNTAIN THE INTERIOR DRINKING DUE TO REMODEL FOUNTAIN IN NUTRITION PORJECT AND NEW ROOM AND INSTALL A FOUNTAIN IN DURAL HEIGHT PLAYGROUND IN 1995 EXTERIOR FOUNTAIN - NEAR OFFICE 25 of 39 JA~,I 3 1 1995 |~',:.,~ 7 C. SIDEWALK CREATE A LANDING AT 1994 KITCHEN HALLWAY EXTERIOR DOOR D. DOOR RAMP REAR OFFICE DOOR I994 NEEDS RAMP E. LEVER REPLACE DOOR I993 COMPLETED HARDWARE HARDWARE THROUGHOUT F. OFFICE DOOR WIDEN MAIN OFFICE 1994 DELETED FROM PLAN DOOR DUE TO REMODEL PROJECT G. SIDEWALK POUR NEW SLAB WITH 1994 DELETED FROM PLAN RAMPS TO ALLOW DUE TO REMODEL PROPER ACCESS TO GIFT PROJECT SHOP, CARDROOM AND LOUNGE PATIO DOORS H. AUTOMATIC INSTALL AUTOMATIC 1993 BILL BOND COMPLETED DOOR OPENER FOR BILL BOND NUTRITION ROOM AND NUTRITION ROOM DELETED DUE TO DOORS REMODEL PROJECT I. PHONE/TDD PURCHASE AND INSTALL 1993 COMPLETED TDD PERFORMING ARTS CENTER 15498 ESPOLA RD. A. SINK DRAINS WRAP ALL DRAINS 1993 COMPLETED UNDER SINKS IN DRESSING AND RESTROOMS B. URINAL LOWER URINAL IN 1993 DELETED FROM PLAN UPSTAIRS MENS ROOM COMPLYING STALL AVAILABLE C. RESTROOM LOWER SIGNS ON 1993 COMPLETED SIGNAGE DOWNSTAIRS RESTROOMS D. PARKING SPACE ADD 1 VAN SPACE TO 1993 COMPLETED THE CENTER'S 2 PARKING LOTS E. RESTROOM CHANGE RESTROOM 1993 COMPLETED SIGNAGE SIGNS TO COMPLYING SIGNAGE IN BACK-STAGE RESTROOMS F. DRESSING SPACE CREATE ONE 1994 COMPLETED COMPLYING LIGHTED COUNTER DRESSING SPACE WITH MIRROR IN EACH DRESSING ROOM G. PUBLIC PAY INSTALL TDD TO PHONE 1994 COMPLETED PHONE TWIN PEAKS MULTI-PURPOSE CTR. 14640 TIERRA BONITA A. SINK DRAINS INSTALL SINK DRAIN 1993 COMPLETED INSULATION IN ALL THREE RESTROOMS B. DRINKING WIDEN LOBBY DRINKING 1994 RFP FOR ARCHITECT IN FOUNTAIN FOUNTAIN ALCOVE PROGRESS C. DOOR CLOSER LIGHTEN TENSION ON 1994 COMPLETED DOOR CLOSER TO CONCESSION 27 of 39 JAN 2 1 1995 D. STAIR STRIPING ADD CONTRAST 1994 COMPLETED STRIPING TO STAGE STAIRS & ALL EXTR. STAIRS E. TRAP DOOR MODIFY TRAP DOOR 1993 DELETED FROM PLAN CONTROLS BACKSTAGE WITH FLOOR LENGTH CUPBOARD FOR SAFETY F. PARKING SPACE INSTALL I VAN SPACE 1993 COMPLETED AND CURB CUT WITH RAMP IN PARKING LOT AND PROVIDE 1 CURB cuT-i'~AMP FROM PARKING TO SIDEWALK LEVEL G. PUBLIC PAY INSTALL TDD TO PHONE 1994 PHONE VALLE VERDE PARK 16899 ST. ANDREWS A. PARKING SPACE REMARK VAN AND I993 COMPLETED DISABLED PARKING STALLS B. BRIDGE INSTALL HANDRAILS TO 1994 HANDRAILS SOUTH BRIDGE ENTRANCES C. PUBLIC PAY INSTALL TDD TO PHONE 1994 DELETED FROM PLAN PHONE 28 of 39 JAN 21 1995 rJ'~.~ ? SILVERSET PARK 14795 SILVERSET A. PLAYGROUND INSTALL MATTING TO 1994 PLAYGROUND EQUIP. WHICH IS ACCESSIBLE & USEABLE FOR CHILDREN WITH DISABILITIES B. SIDEWALK POUR CONCRETE ACCESS 1994 TO BASKETBALL COURT AND PICNIC TABLE WITH BARBECUE FROM SIDEWALKS C. STAIR STRIPING CONTRAST STRIPING I994 INSTALLED ON STAIRS D. PUBLIC PAY INSTALL TDD TO PHONE 1994 DELETED FROM PLAN PHONE STARRIDGE PARK 13743 STARRIDGE A. SIDEWALK POUR A SIDEWALK 1994 ENTRANCE TO BASKETBALL COURT B. SIDEWALK POUR ACCESSIBLE 1994 SIDEWALK TO PICNIC TABLE AND BARBECUE EXTEND SIDEWALK TO PLAYGROUND AND ALONG NORTH SIDE OF DEVELOPED PARK TO SOFTBALL FIELD C. PARKING SPACE RESTRIPE ONE VAN 1993 COMPLETED SPACE WITH SIGNAGE IN PARKING LOT 29 of 39 JAN 311995 ~-:~ ? D. HANDRAILS MAKE HANDRAILS TO 1994 PICNIC AREA OFF STARRIDGE ST. E. PUBLIC PAY INSTALL TDD TO PHONE. 1994 DELETED FROM PLAN PHONE GARDEN ROAD PARK A. SIDEWALK CONCRETE EXISTING 1994 ACCESS TO FRONT OF PARK AND ENSURE WHEELCHAIR ACCESSIBLE WIDTH B. CURB CUT PROVIDE A CURB CUT 1994 RAMP WITH SMOOTH ACCESS TO REAR OF PARK AND PLAYGROUND C. DRINKING INSTALL COMPLYING 1994 FOUNTAIN DRINKING FOUNTAIN NEAR PLAYGROUND D. PLAYGROUND ADD ACCESSIBLE 1994 MATTING UNDER SWINGS E. SIDEWALK POUR CONCRETE 1994 SIDEWALK TO PICNIC TABLE AND BARBECUE INSTALL ACCESSIBLE PICNIC TABLE F. SIDEWALK INSTALL SIDEWALK 1994 CONNECTION FROM FRONT RESTROOMS TO REAR PLAYGROUND AREA 30 of 39 J/I,N 3 1 1995 G. PUBLIC PAY INSTALL TDD TO PHONE 1994 DELETED FROM PLAN PHONE OLD POWAY PARK 14134 MIDLAND RD. A. RAMP INSTALL A RAMP AND 1994 COMPETED WITH CIP LANDING TO PROVIDE PROJECT ACCESS TO TRAIN BARN MAIN ENTRANCE B. PARKING SPACE POSITION 1 VAN SPACE I993 COMPLETED IN PARKING LOT TO PROVIDE ACCESS TO ALL FACILITIES C. RESTROOM IMPROVE HAMBURGER 1994 CONSTRUCTION FACTORY RESTROOMS SCHEDULED FOR MAY TO COMPLY WITH ADA 1995 STANDARDS D. TOT LOT ADD RESILIENT MATTING 1995 MEADOWBROOK GYMNASIUM 12320 MEADOWBROOK A. TOWEL INSTALL 1 ADDITIONAL 1994 COMPLETED DISPENSER OR LOWER AN EXISTING PAPER TOWEL DISPENSER IN BOTH RESTROOMS B. DOOR CLOSER REDUCE TENSION OF 1993 COMPLETED RESTROOM DOORS OR INSTALL LATCH TO KEEP THEM OPEN. ALL 3 DOORS 3i of 39 JAN :] 1 395 7 C. PARKING SPACE MODIFY 1 EXISTING I993 COMPLETED DISABLED PARKING SPACE TO MEET VAN STANDARDS D. PUBLIC PAY LOWER PUBLIC PHONE 1993 COMPLETED PHONE E. PUBLIC PAY INSTALL TDD TO PHONE 1994 DELETED FROM PLAN PHONES CITY PARKS A. RESTROOM INSTALL APPROPRIATE 1993 COMPLETED SIGNAGE SIGNAGE FOR ALL 32 PARK FACILITIES LIBRARY 13536 POWAY ROAD A. PHONE/TDD PURCHASE AND INSTALL 1995 TDD MODULAR UNITS/CITY HALL 13325 CIVIC CTR DR BUILDING "A" A. FRONT DOOR MODIFY FRONT DOOR SO 1993 COMPLETED DOOR IS EASIER (LIGHTER) TO OPEN B. ACCESS INSTALL SIGNAGE THAT 1993 COMPLETED SIGNAGE IDENTIFIES ACCESS RAMP 32 of 39 JAN 2 1 190~5 I']'~,'11 7 C. FRONT LOWER COUNTER 1993 DELETED FROM PLAN, COUNTER USE CONFERENCE ROOM IF NEEDED POINSETTIA MOBILEHOME PARK 13648 EDGEMORE A. COMMON AREA IMPROVE TO ADA 1996 FACILITIES STANDARDS PHASE 1 = 1992, 1993 PHASE 11 = 1994 PHASE 111 = 1995 - PHASE IV = 1996 33 of 39 JAN :3 1 '~995 ~,'~',/_,ii~ 7 CITY OF POWAY GRIEVANCE POLICY FOR RESOLVING ALLEGATIONS OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES I. PURPOSE The purpose of this policy is to establish a formal procedure for investigating and resolving complaints associated with state and federal requirements set forth to accommodate individuals with disabilities. This procedure shall be used to provide for prompt and equitable resolution of allegations of discrimination on the basis of_individuals with disabilities participating in City services, activities, or programs. II. POLICY No individual on the basis of disability shall be discriminated against or denied the opportunity to participate in or benefit from any City service, activity, or program. The City shall make reasonable accommodations so that existing facilities, programs, services, and activities are readily accessible for individuals with disabilities. III. DEFINITIONS A. Disability "Disability" is defined as the following: 1) a physical or mental impairment that substantially limits one or more major life activities; 2) having a record of such an impairment; or 3) being regarded as having such an impairment. 1. Physical or mental impairments include, but are not limited to: vision, speech, and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV infection; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. 2. Conditions that are not physical or mental impairments include, but are not limited to: pregnancy, height, weight, eye color, hair color: left-handedness; poverty; lack of education; a prison record; poor judgement or quick temper if not symptoms of a mental or physiological disorder; illegal drug use; homosexuality and bisexuality; transvestism; compulsive gambling; kleptomania; pyromania; pedophilia; and exhibitionism. 34 of 39 JAN 2 1 1995 I'J'~? ? ATTACHMENT B 3. Major life activities include functions such as: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. B. Reasonable Accommodation "Accommodation" is defined as any change in the way services, activities, or programs are customarily provided that enables a disabled individual to participate in and benefit from City services. Accommodation includes making existing facilities readily accessible to individuals with disabilities. 1. Reasonable accommodation includes, but is not limited to: modifying rules, policies, and practices; removing architectural, transportation, and communication barriers; and providing supplementary aids and services. 2. Reasonable accommodation does not include, but is not limited to: providing wheelchairs, individually prescribed eyeglasses, or hearing aids; medical treatments; readers for personal use or study; or personal services such as assistance with eating, toileting, or dressing. C. Undue Hardship "Undue Hardship" is defined as a significant difficulty or expense incurred in the provision of accommodation. 1. Undue hardship includes but is not limited to financial difficulty. 2. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the City's services, programs, or activities. IV. PROCEDURE 1. A person who believes that the City has not made reasonable modifications in policies, practices, procedures, and facilities enabling individuals with disabilities full and equal participation in all services, programs, and activities of the City may submit a written complaint as soon as possible after the incident to the City Manager's Office, Americans with Disability Act Compliance Coordinator, or appropriate City department. 2. The written complaint shall provide the City with the following information: a. Complainant's name, address, and telephone number; b. Name(s) and department of alleged offender(s); c. A description of the offending behavior(s) or violation(s); d. Date, time, and location of incident; e. Name(s) of witnesses, if any; f. Information known to the complainant in support of allegations; g. Remedy desired; and h. Other information necessary to review the specific issue giving rise to the complaint. 3. In the event that the complainant is unable to provide the City with a written complaint, the City employee receiving the complaint shall interview the complainant and complete the standard grievance form in the process. 4. All complaints received by the City Manager's office or ADA Compliance Officer shall be referred to the appropriate department for investigation. 5. The department investigating the complaint must acknowledge the complainant in writing within ten (10) calendar days of receipt of the complaint to inform the complainant that an investigation has been initiated. 6. Upon receipt of a complaint, the investigator must investigate all charges. The investigation shall include: a) Interviews with the complainant, person(s) allegedly engaged in discrimination, and any other person that may have relevant knowledge concerning the complaint; b) Examine area where incident occurred; c) Review documents concerning the issues related to the complaint; and d) Review pertinent laws, regulations, and official interpretations of such laws and regulations. -3- JAN 3 1 1995 36 of 39 _ 7. The investigator shall carefully review all factual information to ensure that all issues raised by the complainant have been adequately addressed. Where there is conflicting evidence, further investigation should be conducted to facilitate resolution of the conflict. If conflicts in the evidence cannot be resolved, the investigator shall ensure that both Sides are fairly represented in the report. 8. Upon completion of the investigation, the investigator shall prepare a written report that includes findings from the inQ~tigation as well as a recommendation to remedy the complaint. The investigation and written report shall be completed within thirty (30) calendar days. 9. The results of the investigation shall be conveyed to appropriate persons including the City Manager, appropriate Department Director, and complainant. 10. The City may claim undue burden if the only resolution to a complaint creates an undue financial or administrative burden on the City. ~On a case-by-case basis, undue hardship may be determined for particular accommodations. The following factors shall be considered in determining whether an accommodation would create undue hardship: a. The nature and cost of accommodation; b. The financial resources of the City; c. The number of employees necessary for providing the accommodation; and d. The fundamental nature of the operations and functions of the City. 11. Should the complainant be dissatisfied with the department's findings and recommendation, the complainant may request an independent investigation be conducted by the City Manager or designee. Within thirty (30) calendar days after receipt of such a request, the City Manager or his/her designee shall have investigated the complaint and upon completion of the investigation shall seek resolution in the following manner: a) Direct the appropriate department to take corrective action if the investigation finds that the department's decision was improper. Findings and reasons upon which the decision was based must be provided. JAN 31 1995 rJ',.qM 7 37 0f 39 b) Advise the complainant that the City Manager or his/her designee's investigation indicates that the department's decision was correct, and provide the findings and reasons upon which the conclusion was based. 12 If the complaint cannot be resolved to the satisfaction of the complainant after the City Manager's findings are made available, the complaint may be heard by the City Council. An open, public meeting of the City Council shall be held in which a determination must be made within 30 calendar days of the public hearing. The decision of the City Council is final. 13. 'The complainant's right to prompt and equitable resolution of the complaint must not be impaired by pursuit of other remedies such as the filing of a complaint with the United States Department of Justice, or any other appropriate federal agency. It is preferable that the City's Grievance Procedure be exhausted prior to the complainant seeking remedy from federal or state agencies; however, this in not a requirement. -5- JAN 3 1 1995 I"i'~J~ 7 38 of 39 CITY OF POWAY GRIEVANCE FORM FOR RESOLVING ALLEGATIONS OF DISCRIMINATION AGAINST - INDIVIDUALS WITH DISABILITIES COMPLAINANT'S INFORMATION FULL NAME: STREET ADDRESS: CITY: ZIP CODE: TELEPltONE NUMBERS: (HOME) (WORK) PLEASE DESCRIBE THE BENAVIOR, ACTION, OR VIOLATION THAT CAUSED DISCRIMINATION: DATE, TIME, AND LOCATION OF INCIDENT: -- PLEASE PROVIDE NAME(S) AND TITLE(S) OF PERSON(S) CAUSING DISCRIMINATION, IF ANY: PLEASE PROVIDE NAMES OF WITNESSES, IF ANY: PLEASE PROVIDE ANY ADDITIONAL INFORMATION OR COMMENTS: WHAT CORRECTIVE ACTION ARE YOU SEEKING? SIGNATURE & ATTESTMENT OF COMPLAINANT: DATE OF THIS COMPLAINT: RECEIVED BY: 39 of 39 dAN 8 1 1995 l~'i-]~ 7