Agenda - Public Works Committee - 08/21/2018

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• Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). • May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). • Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). • May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). • Must take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. • Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)]. • Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. City Engineer Westby noted that the City must have an adopted ADA Transition Plan before accepting any new Federal funds, therefore this Plan must be adopted by the City Council before any Federal grants can be accepted for any projects. He reviewed the draft Plan with the Committee and requested input from the Committee. Councilmember Kuzma asked if there is an estimate of cost. Chairperson Riley agreed that it would be helpful to have an estimate of the cost for these impacts. City Engineer Westby stated that staff has been completing an inventory and stated that at least 370 pedestrian ramps would need to be replaced, along with segments of trails that would need to be replaced. He stated that a very rough estimate would be well over $3,000,000 and could range up to $10,000,000. He noted that this would also impact buildings. He noted that this would be worked into the budget. He stated that the updates would be tied to the trail maintenance policy. Public Works Committee / July 17, 2018 Page 4 of 7