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  Agenda Item   15.    
City Council Meeting
Meeting Date: 07/07/2020  
FROM: Bill Gallardo

Subject:
Americans with Disabilities Act, Title II, Self-Evaluation and Transition Plan.
RECOMMENDATION
Staff recommends that the City Council Adopt the newly updated “City of Brea Americans with Disabilities Act, Title II, Self-Evaluation and Transition Plan” replacing and superseding the existing Transition Plan.
BACKGROUND/DISCUSSION
On July 26, 1990 the Americans with Disabilities Act (ADA) was passed and signed into law by President George H.W. Bush. Adoption of an ADA Transition Plan represents the commitment to complying with the requirements of Title II and other federal and state statutes, guidelines, and regulations aimed at making local governments physical facilities, programs, services, and activities accessible to persons with disabilities.  

Brea originally adopted its ADA Transition Plan in February 1994. The Transition Plan included a barrier analysis of all City facilities in existence at that time. However, the Plan did not establish a pathway for compliance and did not include cost estimates to remove the barriers.  Since the creation of the Plan, the City has constructed new facilities and improved the accessibility of others on an as-needed, priority basis. In 2004, the Plan was amended to address new Federal and State accessibility regulations for the public right of way (PROW), including newly-constructed and altered public streets, sidewalks, crosswalks, and curb ramps. 
 
In an effort to be in continued compliance with updated Federal and State accessibility regulations, City staff proposed updating the Transition Plan. The updated regulations, addition of new City facilities (for example, Fire Station 4), and alterations to existing buildings warranted a fresh look at the Transition Plan. In November 2016, the City contracted with EMG (now Bureau Veritas), a firm that specializes in facility assessments and ADA Transition Plans for state and local jurisdictions.  Over the last two years, EMG has worked with the City to complete a full self-evaluation of its facilities and programs and prepared the updated Transition Plan.
 
A major component of the self-evaluation process was public outreach. Title II of ADA requires agencies provide an opportunity for public input into the self-evaluation process by individuals with disabilities, organizations representing individuals with disabilities, and other interested parties. EMG worked with City staff from the Communications & Marketing Division to ensure the public had several opportunities to contribute input.  Both an electronic and hard-copy "Accessibility Public Survey" was made available to the public for several weeks.  Additionally, on February 28, 2019, City staff hosted a community meeting in an effort to solicit feedback.  The Transition Plan was developed and reviewed in consultation with a multi-department working group consisting of staff from Public Works, Human Resources, Community Services, Communication & Marketing and Building & Safety. In total, the process ensured that EMG gathered relevant information from the community, City staff, and disability advocates.

ANALYSIS/DISCUSSION:
 
One of the objectives of the Transition Plan is to develop a priorities list for those City facilities requiring improvements, based on several factors including, but not limited to: their occupancy by the public and number of accessibility barriers. EMG analyzed all of the information obtained from the facility field surveys, public outreach meeting, and staff input to establish the list detailed below and in the Transition Plan.  The establishment of the facility priority list along with the detailed survey analysis will provide the ADA Coordinator direction on future project improvements.
 
Facility Priority One (High Public Use):
Civic and Cultural Center, Brea Community Center, Brea Senior Center
 
Facility Priority Two (Medium Public Use):
Arovista Park, Birch Hills Golf Course, Brea Creek, Brea Lions Scout Center, Brea Museum, Brea Plunge, Brea Sports Park, City Hall Park, Country Hills Park, Founders Park, Greenbriar Park, Jr. High Park, Lagos de Moreno Park

Facility Priority Three (Low Public Use):
Fire Station 1, Fire Station 2, Fire Station 3, Fire Station 4
 
Facility Priority Four (No Public Use):
Employee Only Space

The City’s designated ADA Coordinator has oversight responsibility for implementation of the requirements of the Transition Plan in conjunction with other City departments. For example, the ADA Coordinator works with the Public Works Department Engineering Division and Building Maintenance Division to ensure that, when City facilities are proposed to be constructed or modified, they are evaluated during the design phase and brought into compliance by removing accessibility barriers as needed.  The ADA Coordinator is also responsible for tracking facility and program upgrades and incorporating them into the Transition Plan.  

The Transition Plan is a living document that, in an effort to maintain compliance moving forward, will be continually reviewed and updated.  The City has several mechanisms in place, such as the Capital Improvement Plan (CIP) project review and budget workshops, which would allow for the Transition Plan to be repopulated with new ADA CIP projects and/or revised to update the priorities list based on facility improvements.  

The result of these efforts is a Transition Plan that paves the way for the City to succeed at making facilities, programs, services, and activities fully accessible for users, the community and City employees.
 
COMMISSION/COMMITTEE RECOMMENDATION
The Development Committee discussed this item at their June 5, 2020 meeting and recommended staff to move forward to a Council meeting.
FISCAL IMPACT/SUMMARY
No current fiscal impact. The Updated Plan includes obligations that relate to facilities, programs, services, and activities that amount to an estimated $3.7 million dollars. The City budget has an average of $100,000 for improvements to the accessibility items like curb ramps, sidewalks, and pedestrian traffic signals. The Updated Plan recommends future CIP annual project planning specifically allocated for ADA projects and removal of barriers to increase accessibility.
 
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Gabriel Linares, Deputy Director, Community Development 
Concurrence: Tracy Steinkruger, Community Development Director 
 
Attachments
ADA Transition Plan
ADA Presentation

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