CITY OF OAKLAND Mayor's Commission on Persons with Disabilities (MCPD) Monday June 11, 2007

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1 CITY OF OAKLAND Mayor's Commission on Persons with Disabilities (MCPD) Monday June 11, 2007 MINUTES I. Called to order at 1:20 p.m. II. III. IV. Roll Call Quorum: No See Exhibit A Public Comments Reverend Maureen Burns provided an update on her application to become a commissioner. Elisa Alarcon, Supervising Case Manager for the City of Oakland s Linkages Program. The Linkages Program provides complete case management for adults with disabilities, age 18 years and up, and frail seniors who are Medi-Cal eligible or who have a very low income. For more information telephone (510) Commissioner s Announcements Commissioner Rosenblatt: Discussed her observations of students that participated in an emergency preparedness training class held by the American Red Cross Bay Area Chapter. By her observations, it is apparent that emergency preparedness training is lacking in the area of preparedness for persons with disabilities. Commissioner Cutler: Reported that the State of California Office of Emergency Services will hold a two days training session on Emergency Planning for Special Needs Populations. Commissioner Rosenblatt, Linda Wong, Emergency Planning Coordinator, and Commissioner Cutler will be attending. V. Approval of Minutes No quorum VI. Agenda Modification and Approval No quorum 1

2 VII. Committee Reports (Please see attached agendas and reports): A. Housing Committee: The Housing Committee meeting was cancelled. Next meeting: Monday, July 9, 11, 2007, 11:00 a.m. 12:30 p.m. Location: Hearing Room Three, City Hall B. Transportation and Mobility Committee: Christine Calabrese, City ADA Coordinator, reporting. o The ADA Programs Division made a request of the Oakland Fire Department and the Office of Emergency Services (OES) that they provide an update of their emergency preparedness plans for persons with disabilities. Please review the TMC minutes on page of the June 11, 2007 agenda packet.. o KTVU will produce two 30-second public service announcements spots in coordination with OES regarding persons with disabilities and emergency preparedness for future airing. o The TMC will keep emergency preparedness planning and training for persons with disabilities high on its agenda. Adriana Mitchell, ADA Program Assistant, announced that the Alameda Contra Costa Counties Transit, AC Transit, will implement service changes on various lines beginning Sunday, June 24, One of the major changes will be the start of a new bus line, the Line 1, which will run from Bay Fair BART to UC Berkeley. (See Exhibit B). Next meeting: Monday, June 18, 2007, 1:30 3:30 p.m. Location: City Administrator s 11 th Floor Conference Room, City Hall C. Education, Employment and Outreach Committee: Co-Chairs Lynne Cutler and Lorraine Rosenblatt Commissioner Rosenblatt reporting: The EEO committee is working on its yearly goals and, particular, summer employment for youth with disabilities. Commissioner Alexander reported that she had a brief informative meeting with Al Auletta, Manager of Economic Development for Community and Economic Development Agency, CEDA. He manages the Mayor s Summer Youth Employment program under the Workforce Investment Board, WIB. 2

3 Commissioners discussed summer youth employment and concluded that the EEO committee will need to be more involved in WIB on behalf of persons/youth with disabilities. Commissioner Cutler has invited the Youth Advisory Council, Commission on Cultural Arts and Human Relations Commission to an upcoming EEO committee meeting to map collaborative efforts. Next meeting: Tuesday, June 19, 2007, 1:00 3:00 p.m. Location: City Administrator s 11 th Floor Conference Room, City Hall VIII. Chairperson s Report: Linda Teixeira, Chairperson Attended a presentation by Enrique Penalosa, the former Mayor of Bogota, Columbia. He reported that Bogota installed an efficient public transit system that criss-crossed Bogota and linked the outlying neighborhoods with its downtown. Mr. Penalosa stated that the underlying premise that guided Bogotá s City officials was first people (not automobiles). o Bogota s sidewalks and paths of travel comfortably accommodate pedestrians, including people that use mobility aides and bicycle riders of all ages. (See Exhibit C.) IX. Staff Report: Christine Calabrese, City ADA Coordinator Will bring forth the final financial budget and fourth quarter totals on the ADA Transition plan. Discussed her letter to the Landmarks Preservation Board regarding the Edoff Memorial Bandstand. (See page of the June 11, 2007 agenda packet.) X. New Business A. Citywide Sidewalk Condition and ADA Survey Update: Presentation of the Draft ADA Sidewalk Transition Plan 2007 (See Exhibit D) In attendance were Christine Calabrese, City ADA Coordinator, Jaime Heredia, Principal Civil Engineer, Public Works Agency, PWA, who manages Street Resurfacing and Sidewalk Repair Division. George White, Director of Policy Innovation Works, PIW, Commissioners Linda Teixeira, Tamar Reine, Kelvin Brand, Petrina Alexander, Lorraine Rosenblatt, Lynn Cutler, who is also the Library s Disability Advocate, Elisa Alarcon, from the City s Linkages Program, and Adriana Mitchell, ADA Program Assistant. 3

4 Christine Calabrese reporting: o The Title II regulation requires cities to maintain those sidewalks that are required by the ADA to be accessible and that are within the control of the city. According to the DOJ, if a city has responsibility for, or authority over, sidewalks or other public walkways, section of the ADA title II regulation requires that the city must maintain them in operable working condition. Prior to the Barden decision (see below), it was commonly understood that the minimum requirement for achieving program accessibility, in an existing public right-of-way that is not otherwise being altered, is the installation of curb ramps at locations where existing pedestrian walkways cross curbs. o On January 22, 2004, the United States Court of Appeals for the Ninth Circuit granted final approval of the settlement in Barden v. Sacramento. This case set a nationwide precedent requiring cities and other public entities to make all public sidewalk systems accessible. As a result of the court's ruling in this case, public entities must address barriers such as missing or unsafe curb cuts throughout the public sidewalk system, as well as barriers that block access along the length of the sidewalks. Following the court victory, the parties reached a settlement addressing all sidewalk barrier issues citywide. o The Barden decision means that public entities, such as the City of Oakland, are required to invest significant resources to repair public sidewalks and maintain them free of barriers, physical defects and other conditions that may deny pedestrians with disabilities access to sidewalks. o For over a decade, the City of Oakland has taken several major steps to be responsive to ADA Title II physical access requirements. In 1996, the city published a federally mandated ADA Buildings and Facilities Transition Plan. The ADA stipulates the removal of architectural barriers identified in the ADA Transition Plan, thereby providing persons with disabilities physical access to existing city buildings and facilities. Oakland s Plan covers over 200 buildings and facilities and substantial physical access improvements have been made at more than 100 of these locations since

5 o The Mayor s Commission on Persons with Disabilities acts as the public oversight body for expenditure of ADA Transition Plan funds and approves all allocations, except those stemming from settlement of disability discrimination claims. The Program s successes are widely recognized by the disability community and other public entities. o The 1996 ADA Transition Plan also included prioritization for curb ramp installation. The City of Oakland installs approximately 350 new curb ramps each fiscal year. About 100 of these ramps are installed under the On-Call Curb Ramp Program. The remaining ramps are installed under federal curb ramp grants and other city capital improvement programs, most notably street resurfacing projects. o Oakland completed a citywide inventory of curb ramps in 2002, finding that 49% of the approximately 17,800 total possible locations have curb ramps. Of the locations with curb ramps, 43% are now considered substandard in light of the passage of more stringent state and federal access regulations or due to damage or deterioration. o The ADA Programs Division, in partnership with the PWA, is developing the City s ADA Public Right of Way Transition Program. This cutting edge endeavor includes a comprehensive geographic information system (GIS) based survey of 1,500 miles of city sidewalk, curb and gutter. The Program will revolutionize planning and implementation of disability right of way improvements, allowing targeted use of funds earmarked for the creation of accessible pedestrian corridors to public transportation and other essential services. o The primary purpose of the Citywide Sidewalk Condition and ADA Survey (SWS) is to develop a sidewalk inventory database and GIS for tracking and monitoring all City sidewalks in need of repair due to damage and/or non-compliance with disability regulations. In addition, an inventory and GIS for all street trees (location, type, and condition), tree wells, street and traffic signs, and curb markings will be created. The SWS database and GIS will be used for many planning activities. 5

6 o Currently, there is no program for routine inspections of City sidewalks and the only inspections performed are complaint driven. A Citywide sidewalk inventory is required to determine the exact quantity of sidewalks, locate and catalogue all sidewalk damage, and identify other access barriers for persons with disabilities (excessive slope, sudden drop off, obstructions, etc.). With the information obtained from the survey the City will be able to catalog, prioritize and document the repairs necessary to provide safe access to city sidewalks for all pedestrians. o In April 2005, the City Administrator entered in to a professional services agreement with Concept Marine Associates, Inc. (now TranSystems Corporation) to provide a citywide sidewalk survey. TranSystems completed the data collection effort in March The data set includes an inventory of the City s sidewalk network, damaged sidewalk locations (with 110,000 photos), damaged curb and gutter, ADA and California Code of Regulations (Title 24) non-compliant locations, street trees, street and regulatory signs, and curb markings. o The SWS contract also includes a sidewalk transition plan, which was completed by subcontractor Policy Innovation Works. The City of Oakland ADA Sidewalk Transition Plan 2007 identifies and addresses barriers that block access along a 36 inch wide path of travel on sidewalks. George White then presented the draft ADA Sidewalk Transition Plan; his complete presentation is included herein. The draft ADA Sidewalk Transition Plan 2007 will be revised based upon comments received from commissioners, members of the public, the City ADA Coordinator and the PWA Street Resurfacing and Sidewalk Repair Program Manager. The final draft plan will be presented to the Oakland City Council in September XI. Old Business o None XII. Agenda Items for Next Meeting MCPD Budget Report Fourth Quarter FY ADA Accommodations and Transition Plan Programs Fourth Quarter Report ( ) 6

7 XIII. Meeting Evaluation: None XIV. Adjourned at 3:20 p.m. NOTE: THE COMMISSION MAY TAKE ACTION ON ANY ITEM ON THE AGENDA Public Comments: To offer public comments at the MCPD meeting, please register with Adriana Mitchell, ADA Programs Assistant, before the start of the meeting. Public Comments is one of the first agenda items therefore, please, arrive by 12:45 p.m. Please note that the MCPD will not provide a detailed response to your comments but may schedule your issue for a future MCPD or committee meeting. The Public Comment period is limited to 15 minutes and each individual speaker is limited to 5 minutes. If more than 3 public speakers register, however, then each speaker will be limited to 3 minutes. If more than 5 public speakers register, then each speaker will be limited to 2 minutes. Exceptions to these rules may be granted at the discretion of the Chairperson. This meeting is wheelchair accessible. To request materials in alternative formats, or to request an ASL interpreter, captioning or assistive listening device, please call Adriana Mitchell (V) or (TTY) at least 72 hours before the meeting. Please refrain from wearing scented products to this meeting so persons who may experience chemical sensitivities can attend. Thank you. 7

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