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Home My WebLink AboutMINUTES - 11042003 - C99 TO: !hoard of Supervisors FROM: Dennis M. Barry, AICP , �f �- -- Contra Community Development Director :�;��, .�� ' Costa m_. County �osr, _ DATE: November 4, 2003 A��ov SUBJECT: Accessibility Issues in Parking Lots, at Bus Stops and in Trail Design for the Persons with Disabilities SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DIRECT the Directors of Community Development, Public Works and Building Inspection to report to the Transportation Water and Infrastructure Committee (Committee) on accessibility issues in parking lots, at bus stops and in trail design for the persons with disabilities, and REQUEST the Committee to consider the staff report and report back to the Board. FISCAL IMPACT None to the General Fund. Reporting on this matter to the Committee can be accomplished within existing budgets of the departments. The financial impacts of any recommendations from the Committee will be included in their future report to the Board. BACKGROUND/REASONS FOR RECOMMENDATIONS During the public comment period at the September 15th Transportation Water and Infrastructure Committee, Mr. Joe Partansky described his concerns about improper signage for disabled parking spaces in the County, lack of maintenance on designated disabled parking spaces, and bus stops that are not accessible to people with disabilities. The Committee requested staff to report to the Board on the concerns raised by Mr. Partansky. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND N OF BOARD dOMMITT PROVE OTHER SIGNATURE (S): ACTION OF BOA AN November 4., 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS ATRUE .x. UNANIMOUS (ABSENT N ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Steven Goetz (925/335-1240) cc: J. Bueren, Public Works ATTESTED r 4, 2003 C. Boltadano, Building Inspection JOHN SWEETEN, CLERK OF F. Fung, Building Inspection THE BOARD OF SUPERVISORS A. Cassidy, County Counsel AND COUNTY AD INISTRATOR BY , DEPUTY gAtransportationUiclboard orders120031adaenforcement.doc ACCESSIBILITY ISSUES IN PARKING LOTS,AT BUS STOPS,AND IN TRAIL DESIGN Novembe:4, 2063 Page BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) Parking for the Persons with Disabilities Handicapped spaces require information designating the towing company. Without this information, vehicles found illegally parked can only be issued a citation. They cannot be towed as provided by law. Procedurally,the property owner providing the parking spaces must have a contract with a towing company. The property owner then includes the name and phone number of the towing company in the required sign at the handicap space or at the entrance to the parking lot. The property owner is responsible for enforcing this regulation. The local jurisdiction can enforce this regulation if they adopt an enabling resolution. Inaccessible Bus Stops Bus operators are responsible for obtaining encroachment permits from the Public Works Department for bus stops and for erecting the proper signage and other improvements to ensure passenger and public safety. In reviewing an encroachment permit for a bus stop, the Public Works Department Traffic Engineer considers traffic impacts, handicap accessibility and safe passenger refuge. Parking restrictions for bus stops are recommended by the Public Works Department for approval by the Board of Supervisors by resolution. Public Works Department typically paints the curb to prohibit parking. Bus benches or shelters are the responsibility of the bus operator. Upgrades to sidewalks do not occur unless funded by the bus operator or the property owner. In addition, Public Works considers the location of bus stops as part of its annual program for retrofitting sidewalks with curb cuts. Any new development adjacent to an existing or proposed bus stop is typically required to include the bus stop as part of their frontage improvements. Trail Design The County has responsibility for some trails in unincorporated areas and in designing, maintaining and operating trails follows the current standards for accessibility under the Americans with Disabilities Act. REQUEST To SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this foria and place it in the box near the speakers' rostrum before addressing the Board_ Name: OL Phone:- 3l 3 72 q 31 t 67 �+ Address. City. I am speaking for myself or organization; ,7-,,kzA/ (nerve of orimi zat i on) CHECK ONE I wish to speak on Agenda Item Date: My comments will be: general for against r I wish to speak on .the subs ect of C. I do not wish to speak but leave these comments for the Board to consider: r:. REQUE 8 T TO SPEAK FORM t (THREE (3) MINUTE LIMIT) Complete_ this form. and place it in the box near - the speakers' rostrum efo' re add s'ng the Board. • -2 -- yr Name. ' t Phone, Addres s•. 4- City. I am speaking for myself or_ organization: (rum.of or ganf tat i on) .CHECK ONE: I wish to speak on Agenda Item. # Date. My comments will be: general for against 1,4 wish I sh tt� -speak on of � I do not wish to speak- but leave these comments 'for the Board to consider: •t 'fit ,! -A tvl _. f:.i •3 _ 1 '- :4Z � ►Z,- _ - +"� is _ ti _ T Colvil Rights Highlight • e alioinia Gpartr�t vs a Re �otlu�:#i�� Justice stic:• 9exuai ri$ntation Disc orntnation s _ • _;til Rids Entorcetpent • tit;:coir ia3fl tt� #� ! givil MgMs Handbook 0 =fir attor, of Natwe Disa OW Rights Anwi e Fai0 worit��.�� Slave i_�.abot • ,Prupwslh-un 404,09 e Re, ious Fr+eedon) CAUFORNIA DEPARTMENT OF JUSTICE The Attorney General of CaliftwWa has taken Vesssive measures to improve mil r- enfo�rcenaeent.Shortly as'ler toldng old o,Attorney General Lodeyer created the CMI Rights Erslbu in the Calfomia t, poartment of Justice►dedicated exclusi+vety to the enforcemnt of dvil rights Wws with shrlh increased*O-- #o lowyers and an � ,governmental program analyst Caere to pdrit the section only CML RIGHTS ENFORCEMENT SECTION V1loWmg with the public,state,federal OW local 9w ernmre rt a gerwiss,WW wig civil rights and community org anbradons,ft CW Rights End rna� Simon endsevom to prosecute Via"who have Voiated the law,and seeks the s#�ronkqest ren es to defer further wolaVons.Acv m rave from --Ar- Simi brought indepon&wft by the Attorney General to the re on of various state agencies,to corrununityy outreach and public eduction, In adcK on to add California's Ralph Civil RWft Act, Same Civil Rights Act and Unruh Civil Rights Act,the Civil Rights E represents stage agencies responsible for en#or of two civil rights haws.These!tante agencos inct x1e: h ://www.c�.state.ca_us/civitri ts&iahlights.htm 10/30/03 �P Highlights -Civil Rights -California Dept. of Justice -Office of-the Attorney general gage 4 or !moi w i a e hotels treatment of persons with disabilties who seek to use its facilities.The settlenvmt comes from an AEt mey General`s investigation concluded in April 2001 into allegations that the hotel, after initially extw4ng accor+nrrrodatlons,canceled reservations for the family of a little boy who requires 24-hour naming erre.The child was cornu to California to see a specialist and to visit Disneyland.The hotel rimmed that,by allowing medical staff and equipment in the hotel,it would be violating a City of Beverly H119 ordinances.The hotel later reversed itself, but the farWly had already canceled travel plans. �n�Better Local Comoance. On Decent er 23,2002,Attorney General Lockyer issued a letter to all pct Atkwneys.City Attorneys and County urging#*m to join hkn in a renewed and conceded effort to gain better cow-1 with and to improve enforcement of Caffornis disabled access . UraingR!pssonable Accoin� n O�rciinan�ces. On May 15, 2001,Attorney General l ocleyer issued a kftr urging local governmeft to consider enacting an ordinance to provide a sped procedure 1br processing "rewnoble ons made by paras is with disabilities who welt relief from local land use and zoning laws in order to fully enjoy the use of housing accoodalons.This leiter was sort to the mayor of every incorporated city and the chair of every county board of supervisors in the Mate of Cdfornia. Y Renin i . Local Gov§r n e13t§of�Meetinno Conipjance On April 23, 2002,Attorney general Lockyer isued a leer to all citimm and counties that Y "%rfi thein of Chair obligalon under the Brown Open Meeting Act, Government Code section 54961 et seq.,to hold their meetings in fecif m that are accessible to all Californians. Reminder to Local SuiWina, Officials. On April 29,2002,Attorney General Locker issued a letter to all local bulling offals in California that reminds 3T_ these oifldels of their statutory obiigstfon to enliorce California's access laws rogulations,and urges thorn to vigorously enforce those laws and regulons. 1b IT,O.J of P sic e Ci cl neve to print this section only ._•• r r • •- .., • r . • ..I....Ir..IV":P'+'•).♦ .7s\ - .Y!^..4r.sr .. FAIR EMPLOYMENT AND SEXUAL HARASSMENT Am Qaao�n Amrics drawn=In January of 1 ii9S, Attorney Generalk.ockyer withdrew amicus brief support previously given by his predear in Cade v. Board of Regents of Ow State of Tennessee(on peggon for writ of orari),a case in which arra states had argued that the Eleventh Amendn mt bars Age Discrimination In 1!mpioyrnent Act uses lard against a state. Emsohnswt 011cri Am4gffim nd M mdatM Arttftfion.Attorney General , Lockyer in September 1 S tiled an o nkus brief in Arrnenderiz v. tion f fsydwe Se vkea,a Cue before the Csltoria Supreme Corot invdlvft rrendatM arbitration of arnplayumd discri—i claims.The Attorney General urged the std high court to hold mandatory arbitration agreements unenforceable under the Calfomla Fair Err-ioyment and "-A I--Act and co�rary to public policy.The"`bend of the court"brief argued that upholding such agreements will prevent employees from pursuing their court and ad �Ye remedies un r FEHA,thus unders'drdng Public 1 VI3O103 g.s�at 4A'• kA). 11AC J, 4Y4 Z". 49 OWN. 7 1t $1.6 m1ffllion tmnsft VIA Amvs+ MAI ,,,%a OmitiLiLI& - could expand liability and ui- crease costs for cash,strapped ment nres. Wil� B "This,is going to have huge ' � xtnplicat�ons for public transit Yr wCI�kak4mWd staff, said Mary Burdick Do* spokeswoman for the Central Contra to Transit Autho ft. By C M BMh also called County Connection. TDM9rAffWW= But 8onatnftoIs her- ; The Calle Syne anted the dexision as a suftable a XUp r Chk�a judlgment penalty for an agency that ig- r t the Cental Cor- noted warm about the dm- tra Costa'Thumit Authovity for a bus stop lora o t ruing 1993 traffic #that left a his client in need of rous&t - Marti woum pwCUYxed. do+k care. The authority!Filed to move "I think it's an entirely ap- a tats stop from a c�etigenrus to p:opriste+e�cpstnsion of prub�c li- cadm and so is Hable for the tom- abft,"said Vft ter I&Wker. Won,that Bonen o was using a cross- braisi-rdttnau walk on Pacheco Boulevard in alyzedI the cxtruirt ruled. un�r'porrated Martlnes to get Public entities and two dis- to a bus stop on Nov. 16, 1993. seU%jusUM were dismayed by the P A n P,m.,,why they said Sege TRANS17I Page 9 "They basically took the po- AC Transit,as well as cities and AND n that`It's our "` school are likely to ..._._�.____..___..,...._...,.�,_._..._,..�. ��iid. be affected b the roll FROM PAGES y ng, said Bonanno sued the authority, Del Baer,an attorney whose She was stns when a car that the coin,the drivrer and a hos- Am represented the awes. had stopped for her was rear- pita! W Caine He argued that the authority e�cxled by vehicle. s of ter the as $ slaxiid not be W*for.aM=UU% A hey to the seed,.:;' , All but the authors ,t►ettled, u on a aet it did not was a priorInr� 9 ' Tim county's portion, A00, a t yNow,he said the ht�tl ty girl who was struck by a car i was low because it,had will need to decide whether it 1999 while atte�tnpting to Cnm to lmps~arVT Dow wards to study every bus stop's ft sunt at the�! , Or%awe fat I Her dam*sued the autitcs►rity, 19",a ar is so great,jw hope it case tiliue tree bw StWS w8 perk t' t au- rhes don't cW*a1W1t" .Thee •; settled t "M potential ,added to 'The crani traf• the ,any the state's unrelated fiscal woes, fic lights and pedestrian push- entity found at allrespcs►ns it is were Warted by dissenting Jvae buttons at the intersection of liable far all 1 itell- Ma rin Baxter. Pacheco, and Moir Ho Avenue, inch items as Intoe n ority's' 'M to n a block!tram the bus stop, expt�s+as and kmt vis. this, � the real world cotase- But bus rklm who__-__ed at interest tacked on,the �quenaes... is all the mom c- the light still faced hazardous judgment will top $2 million. aaae imm now is Nwit"PC- conditions, including a walk That money will be Paid 1-111 cies, like ether state and local an in along a narrow, sometimes 's insauanve policy, ��he�' �W*shoulder,the court's ma- not its b�.But ties mon UAW* The mast triare m job pointed out. H"will result in higher incur- gl. ►mom rim ks boft" The authority did net move �once premiums for all transit for the next ascmJ year . the bus stop to the Morello Aw agencte$. of a �c coed. onlip ilds"%nr!'inn UhNrisw anin umi #%a,%Mill nti%uo av taiao --- 46 COUNTY OF CONTRA COSTA OFFICE OF THE CE3uNTY ADMINISTRATOR MEMORANDUM DATE September 6, 2001 TO: Family and Human Services Committee Supervisor Mark DeSaulnier, Chair Supervisor Federal Glover.Member FROM* Dorothy St sae inist3 Senior Dep County Adm. *strator SUBJECT: Requested ADA Informadon The following information is beiner provided pursuant to your request during the July 23, %.#.a - 2001 Family and Human Services Committee meeting where you requested that staff research the County's compliance with 1) Shelters at bus stops; 2) Curb ramps to bus stop shelters; and 3)Published ADA contacts. 0 RECOMMENDATIONS. I- Revise the next issue of the Pacific Bell Telephone Book and the Valley Yellow Pages to include a listing for the County's ADA contact person(s). 2. Revise the next issue of the Interoffice Telephone Directory to include a listing for the County's ADA contact person(s). BACKGROUND: At the July 23,2001 meeting of the Family and Human Services Committee, during the public comment period,a question was raised regarding the possible lack of compliance by the County with three areas of the Americans With Disabilities Act(ADA). Theses areas included.- 1)Shelters at bus stops; 2) Curb ramps to bus stop shelters; and 3) Publication of the telephone number of an ADA designated lead/point person on County ADA issues. Shelters at Bus Stops Structures and/or shelters at bus stops are the property of the particular transit agency that uses the bus stop. Therefore, the transit agency, and not the County, is responsible for • any ADA requirements for the structure. There are three transit agencies operating in the County: Contra Cost County Transit (County Connection), Western Contra Costa County Transit, and Tri-Delta Transit. If a person has questions or problems regarding access to a structure or shelter at a bus stop,the appropriate agency should be contacted directly. Curb Access to Bus Stop Shelters Within city limits, curb access to bus stops is the responsibility of the city. However, in unincorporated areas, the county is responsible for curb access if curbs exist. Most bus stops in unincorporated areas of the County do not have curbs. Title 11, Section 5.3000 of the Americans with Disabilities Act requires public entities to prepare a schedule for providing curb ramps where pedestrian walkways cross curbs. Priority must be given to walkways serving several different areas including transportation. It ftu-cher defines walkways to include locations where access is required for use of public transportation,such as bus stops. The County Administrator's Office maintains al 0--1 ni"Altv I-fin lha,;14 4resses curb access in relation to buildings and their parking lots. A contract is currently under - N& negotiation with a consultant who will be revising the facilities sectio%l=-X71- fSki MIT-` I- addition, transit agencies have been contacted and requested to submit to the JPW— -12h.r any bus stops in unincorporated areas. Once these listings are received they will be reviewed for accessibility where curbs are located. If an individual has a question regarding a specific bus stop, further information regarding the responsible agency can be provided once the location of the bus stop in question has been identified. County Contact Person The Pacific Bell and Valley phone books do not currently have a listing for the ADA Coordinator or any other ADA designated employee. In addition, the County's interoffice phone directory does not include listings for ADA designated employees. Title If, Section 8.5000 of the Americans with Disabilities Act requires public agencies to designate employees responsible for compliance with the Act. It further requires the public entity to make available the name, office address, and telephone number of any designated employee. Please call me if you have any questions concerning the above information. cc.,, Board Members John Sweeten, CAO Emma Kuevor, CAO Julie Enea, CAO Gerald Bender, GSD