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Desk Item�pW N OF !ps GpS S DATE: AUGUST 17. 2015 MEETING DATE: 08/18/15 ITEM NO: 9 DESK ITEM TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGER SUBJECT: 2015- 2017 STRATEGIC GOALS IDENTIFICATION AND PRIORITIZATION OF 2015- 2017 STRATEGIC GOALS REMARKS: After the initial Staff Report was distributed on August 13, 2015, staff received the attached public comment. ATTACHMENTS: Attachment 1 -3 (Previously received with Staff Report on August 13 2015)7 1. Status of Existing Strategic Goals 2. Proposed Strategic Goals 3. Public Comments received July 17, 2015 and July 29, 2015 Attachment 4 received with this Addendum: 4. Public comment received from May 14, 2015 and from 11:01 am Thursday, August 13, 2015 through 11:00 a.m. Monday, August 17, 2015 Attachment 5 received with this Desk Item• 5. Public comment received from 11:01 am Monday, August 17, 2015 through 11:00 a.m. Tuesday, August 18, 2015 PREPARED BY: CHRISTINA GILMORE C ASSISTANT TO THE TOWN MANAGER Reviewed by: Town Manager n 1 Town Attorney X11 Finance N:AMGRVAdminWorkFiles \2015 Council Re ons\ ugust 18 \St eg c Goals Desk ftes.doe Subject: FW: Strategic Goals: Broadway Attachments: photo 1.JPG; ATT00001.txt; photo 2.1PG; ATT00002.txt; photo 3.JPG; ATT00003.txt; photo 4.JPG; ATT00004.txt; photo 5.1PG; ATTOOOOS.txt - - - -- Original Message---- - From: John Shepardson [mailto:shepardsonlaw@me comj Sent: Monday, August 17, 2015 2:18 PM To: Council; Les White Subject: Strategic Goals: Broadway ATTACHMENT 5 Y • i 0 i •ter• r. �i�3 ,: FIN 0TA� TNROUGH STREET% V `ill � �'�i � Y '_ tZ}� 'ate ','tiatX r� ��. 2+�'s �; �t� Y' R� � y��'� �£f .. � .. •'ie a�Au�r - �. � ;�;�'r .. b � e�k 57 �'A. .. ., .. ..J �t a � ... � - row � � 's �- . _ � �-- _ �. cn_ Y _ � y ry. _ '! _._ ... . m�4... ri �r �. °-`_ �� �; .:,_- -.. --� >,: ,:i As; l ,` �' ��� +r Vf ` I :.. /JJ )�' J "` + `` . '� p - , �% . :.1..- _ .. Y. '- - � 'ri`i a ,l', %+�. .�f., , ++^ �� "- '� Subject: FW: Desk Item for Agenda Item 9 - Strategic Goals Attachments: 081715 ADA Memo to Council.docx, 031714 DLA 14 -02 Curb Ramps.pdf Importance: High From: Angelia Doerner [mailto saveourhood a yahoo com] Sent: Tuesday, August 18, 2015 10:33 AM To: Council; Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie Cc: Mike Wasserman Subject: Desk Item for Agenda Item 9 - Strategic Goals Please consider the attached documents relating to "ADA/Liability Exposure and Mitigation Suggestions" in your deliberations of our Town's 2 -year Strategic Goals. I had compiled the research and prepared this document before your recent Summer Recess. I had the opportunity at that time to briefly discuss these matters with our Mayor and a "snippet" with our Vice Mayor. I have modified Section III of the attached for actions taken at the 080415 Council meeting. I apologize for my tardiness in getting this to you - but life can throw you curve balls once in a while. I noted the "Sidewalk Inventory" in the Engineering Work Plans for kick -off in Fall 2015. It states "This is a multiyear project to collect data with a kickoff in Summer 2015. The project will inventory the condition of sidewalks and provide data to program future replacements. This is a project that the Towns risk manager has been encouraging to minimize claims related to sidewalk trip and falls." (1) 1 never knew we had a "Risk Manager" and would welcome the opportunity to discuss the attached in further detail with that person if requested (2) "Multiyear project to collect data" is..... - I can't even think of an appropriate adjective. I respectfully request that this data collection and formalization of a Transition Plan (as discussed in the attached) be escalated and included in our Town's 2 -year Strategic Goals. Minimizing claims is one aspect of this issue; ADA Compliance and Health and Safety are much more important objectives of this Project. (3) In the presentation this Fall of the "Tree Inventory" - I hope to see that "Tree Stumps" are included accompanied by a Transition Plan proposing related remedial actions. Thank you for your consideration and your service to our Town. Angelia Doerner Live Simply, Laugh Often Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions The following relates to certain ADA- related risks and liability exposure facing our Town. It is not intended to be a comprehensive analysis — rather a compilation of my findings and interpretations concerning certain exposures. More importantly, it is intended to offer suggestions to assist you, our Elected Officials, in defining possible courses of action to mitigate these exposures in the most timely and cost - effective manner. I. Overview ll. Best Defense is a Good Offense III. Curb Ramps IV. Sidewalks, Curbs and Gutters Overview As a portion of population, California's disabled count is about 2% under the national average. However, when you look at disability lawsuits per 100,000 disabled residents, California outpaces any other state. In fact, an expose by NBC News revealed that the number of ADA - related lawsuits per 100k Disabled in our state was greater than the next four largest states, combined. Using district court documents, NBC counted federal disability lawsuits from 2005 to 2013. They excluded lawsuits against employers, focusing only on cases filed under the designation "446 Amer w /Disabilities - Other." These are the lawsuits that generally have to do with building and infrastructure. Lawsuits per 100k Disabled _rlfcsrs= Y f sP:e. What's more alarming is the magnitude of judgments levied against State, County and City governments. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 1 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions Obviously, you are aware of the more recent public settlements in our locale: • CalTrans - $1.16 levied in Spring 2010 - to improve access to pedestrian facilities such as curbs and sidewalks • Los Angeles - $1.313 levied in April 2015 — to repair /replace sidewalks and curbs • And a couple examples that were "only' in the millions: • San Francisco - $2.3M to a 72- year -old woman who suffered a severe injury by a trip - and -fall on an uneven public sidewalk — even though she had walked on this sidewalk almost daily for more than 25years. • CalTrans - $1.8M for sidewalk trip- and -fall in City of Cupertino — a case volleying responsibility between government agencies How equipped is our Town in identifying, quantifying and remedying similar risks? How equipped is our Town in challenging lawsuits related to damaged, faulty, or failed infrastructure as well as frivolous lawsuits? My understanding is that, in determining who is liable in a premises liability action, the crucial elements are ownership, possession, and control of the premises. The person /entity who owns, possesses, or controls the premises is the one responsible for any injuries arising from a condition of the premises. Without the crucial element of control over the subject premises, no duty to exercise reasonable care to prevent injury on the property can be found. Do we have an "inventory" or "Self- evaluation" of Town responsibilities (and related risks, if any) between: (1) other government entities, (2) school or other districts out of Town control, and (3) Town vs Stakeholders? More importantly, do we have a Transition Plan as required by 28 C.F.R. §§ 35.105, 35.150(d)? You may find it surprising that in the first two judgments referred to above, the first step was for the responsible party to develop a transition plan - and then carry it out. • CalTrans-$1.113 ....... Over 30 years • Los Angeles - $1.36....... Over 35 years What is even more surprising is that ALL public entities that employ 50 or more persons were required to develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to comply with Title II and that such plan was to be made available to the public, including periodic updates of "performance" in obtaining compliance, and updated "next steps ". II. Best Defense is a Good Offense The fact that CalTrans and Los Angeles, among other large municipalities and government agencies, had not complied with developing a Transition Plan — is no defense for our Town — or any other public entity that employs 50 or more persons. In fact, there have been cases where, rather than premising liability solely on violations of the ADA itself, they have also included a more adventitious claim: that the city had failed to formulate an adequate self - evaluation and Transition Plan required by Title II's implementing regulations. Angelia M. Doerner — SaveOurHood @Yahoo.com page 2 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions With the added publicity of the before - mentioned cases and that of certain necessary dire infrastructure repairs in our Town, I feel it is imperative to escalate the importance of completing a Comprehensive ADA Transition Plan. I believe it should be included in the 2015 -2017 Strategic Goals, under one, if not all, of our Core Values. • Community Character — Repairs and modifications will Enhance Appearance • Good Governance — Demonstrates Responsible and Accountable Government • Fiscal Stability — Includes quantification in dollars and sets a multi -year schedule for implementation allowing for budgetary, funding and prioritization decisions based on valid and well- defined objectives; provides a monitoring tool which demonstrates commitment to comply with ADA and other liability mitigation measures • Quality Public Infrastructure — Defines a Plan to replace, repair and maintain condition of our public right -of -ways as to curb ramps, sidewalks, curbs and gutters • Civic Enrichment — Fosters opportunities for involvement of all citizens —those with ADA limitations as well as our growing population of seniors • Public Safety — Ensure public safety from trip-and-falls, or as one of you refers to certain capital improvement projects -"Health and Safety' There are many facets to Title II requirements — some more "easily identifiable" and accommodated. They can include: • Program accessibility— I have personally seen exemplary accommodation of portable ramps in Town Council chambers. I also witnessed exemplary utilization of Oak Meadow parking lot for handicapped individuals at this year's July 4th Celebration (great improvement over the prior year). But what about private foundations using Town premises, e.g., Music in the Park, Jazz in the Plazz, the Labor Day Dance? Do we have /need established policies for such accommodations in the use of public property? • Public Access. Facilities — We recently added ADA compliant bathroom facilities and elevators at NUMU. Do we have a checklist for all public facilities owned and /or controlled by the Town? Public right -of -ways — are they safe to travel? • Effective Communications — Again, documentation of compliance? • 911 Systems and Law Enforcement policies, practices and procedures — Again, documentation of compliance? I have looked at a lot of websites — I think the Department of Justice ( "DOJ ") link http: / /www.ada- gov /comprob.htm provides a useful synopsis of the most common problems faced by City (excuse me, I meant "Town ") Governments. The remainder of my comments relate to Public Right -of -Ways, focusing on two critical areas requiring Comprehensive Transition Plans — not because of complexity (other than how to pay for it) — but because of the prevalence of necessary remedial action throughout the Town. Those areas are 1) Curb Ramps and 2) Sidewalks, Curbs and Gutters. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 3 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions I will offer my comments on these areas in the following two sections, but first, here is a recap of what constitutes a "Transition Plan ". Components of A Transition Plan (1) If structural changes to facilities will be undertaken to achieve program accessibility, the Transition Plan shall set forth the steps necessary to complete such changes. Opportunity must be given to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the Transition Plan by submitting comments. A copy of the Transition Plan shall be made available for public inspection. (2) Regarding streets, roads, or walkways, a Transition Plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walkways cross curbs, giving priority to walkways serving entities including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas, e.g., residential. (3) The Plan shall, at a minimum— o (i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; o (ii) Describe in detail the methods that will be used to make the facilities accessible; o (iii) Specify the schedule for taking the steps necessary to achieve compliance and identify steps that will be taken during each year of the transition period; and o (iv) Indicate the official responsible for implementation of the Plan. In addition, I have reviewed the current Transition Plans for San Francisco and San Jose (as well as several other cities scattered across the Country) and have found all to include 1) a well- defined criteria for prioritization (dovetails with (3)(iii) above) and 2) a cost estimate for each corrective action. Sample Plans and Web Materials Obviously, our Town is shadowed by the size and nature of San Francisco and San Jose. However, I found both Plans to be very informative and believe that incorporation of some of the approaches from each of them would provide a huge jumpstart to development of our Town's Transition Plan. In that regard, I offer the following two links for your future perusal. http: / /www.sfgov2 org /ftpluploadedfiles /mod /RampSidewalk08 pdf and https:// www .sanioseca.gov /DocumentCenter /View /244 Also, the following link provides a comprehensive Q &A About "ADA and Section 504" from the U.S. Department of Transportation that I found to be very useful as to content and clarity. http: / /www.fhwa. dot .gov /civilrights /programs /ada sect504ga cfm Angelia M. Doerner — SaveOurHood @Yahoo.com Page 4 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions In the following two sections, I refer to certain Q &A Items affecting Curb Ramps and Sidewalks /Curbs. Also, I trust that Town Staff is already familiar with various funding opportunities, but Q &A #30 highlights what sources of federal funding is available for pedestrian projects and programs and may provide a handy checklist. Of particular interest in my research was the following two examples: (1) From the SF Transition Plan — a "first step" was identifying right -of -ways and their categorization as to relevant priorities. Streets could obviously be defined in relevant "sections' where different criteria are met, e.g., level of pedestrian traffic within the overall category. For example, Items in "9" have higher priority than Items in "10" because, although the level of pedestrian traffic is low, the street section meets both a "commercial district" and "Near School, Hospital..." where Items in "10" are only in a commercial district but with a higher level of pedestrian traffic. Also note that "22 thru 24" are residential only— therefore prioritized primarily based on level of pedestrian traffic. As an example, Johnson Ave. (with its street closure for Halloween) would have a much higher priority than, say, Central Ave. 20 - -� —I Near a —_T —� -- —X — — fij-- x 23 24 School, —� x — — Hospital, Other — 1 Senior Ctr Commercial Public Pop. 1 Pop. Pop. Priority 1 districts x m_ uni x Fac_ x High Mid Low x Count 55 2 3 x x x _ x 231 x x x x 649 4 I-- 5 x x x x �..� x x 0, 6 7 —g x x - x� - x —T'' � x x —9' 3 31 — X x 71 10 X - x fib— —� x —�— 395 0 20 x_ x 22 -- — —X — — fij-- x 23 24 �� —� x — — x Other — 31 870 0 10 453 726 Angelia M. Doerner - SaveOurHood @Yahoo.com Page 5 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions (2) From one of the Transition Plan templates available on the web —the following shows components that may be included in the Plan with relevant descriptions. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 6 Town of Los Gatos — ADA/Liability Exposure and Mitigation Su Curb Ramps AnAim M. Doerner - SaveOurHood@Yahoo.com Pa77 S, \ \ \� \« \ \\ � � Curb Ramps AnAim M. Doerner - SaveOurHood@Yahoo.com Pa77 S, Curb Ramps AnAim M. Doerner - SaveOurHood@Yahoo.com Pa77 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions Obviously, there have been ADA requirements for Curb Ramps for a long time. However, there have been relatively recent changes in such requirements (if you can call 2 years ago "recent "). Therefore, I will focus on such changes. In response to my inquiries regarding statements made by Town Staff in connection with a particular capital improvement project, Mr. Morley kindly provided the following link to information on ADA and roadway design. http: / /www dot ca gov /hgZoppd /dib /dib82 -05 pdf This link is to Design Information Bulletin ( "DIB ") #82 -05 issued on and effective as of October 1, 2013 by the State of California Department of Transportation ( "DOT "). For my purposes in this communication to you, the relevant Sections are 4.1 and 4.2. For simplicity sake, let's just say that my interpretation of these Sections differed somewhat from that presented to you by Staff. Consequently, I contacted the author of the Bulletin and discussed these relevant sections. After some discussion, from which I determined that my interpretation was "on target ", he referred me to Division of Local Assistance — Office Bulletin #DLA -OB 14 -02 —ADA Requirements for Curb Ramps issued on March 17, 2014. 1 have attached a copy of this 2 -page Office Bulletin to my email transmittal of this communication. #DLA -OB 14 -02 is a clarification of the joint "technical assistance guidance" issued by the DOJ and Federal Highway Administration ( "FHWA ") in June 2013. Basically, in my words, it's a clarification of the clarification of the original jointly - issued guidance concerning requirements of installing or upgrading of curb ramps in connection with various levels of road work. Of primary importance is that the Rubber Cape Seal process that our Town has typically been using since at least 2012 is considered an "alteration" vs "maintenance" thereby triggering the requirement of replacement of curb ramps to current ADA standards. In my opinion, the "multiple clarification process" simply deferred application of the original DOJ /FHWA Technical Guidance. An excerpt from #DLA -013 14 -02 states: "For all resurfacing projects that will go out to bid for construction on or after July 1, 2014: Alteration projects identified per the clarification provided in the Technical Assistance guidance must incorporate required curb ramps. Any existing nonconforming curb ramps within the project limits must be upgraded to comply with the current ADA Standards." So, let's briefly revisit the plans and specifications approved and authorized to be bid in 061615 Council Meeting Agenda Item 13, Project 13 -7. As a refresher, these bids were opened on July 17, 2015, and were rejected pursuant to Item 8 on the Consent Calendar at the 080415 Council meeting. The approved and authorized Project was a revised scope from the originally - presented scope at an earlier Council meeting. The schedule of streets approved to be submitted for bids is copied on the following page. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 8 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions Olitton 1 -Revised FY14 -15 Annua? Sfreet Rtpair and Resurfacing ano pa,ewent fte4at7ittatdar -Crk Sea} Street List. I provide the following Q &As from the document referred to on Page 4 (w /o authoritative references): 19. Does a project altering a public right -of -way require simultaneous accessibility improvements? Yes. An alteration project must be planned, designed, and constructed so that the accessibility improvements within the scope of the project occur at the same time as the alteration. The ADA does not stipulate how to perform simultaneous accessibility improvements. For example, a public agency may select specialty contractors to perform different specialized tasks prior to completion of the alteration project or concurrently with an ongoing project. 20. When does the scope of an alteration project trigger accessibility improvements for people with disabilities? The scope of an alteration project is determined by the extent the alteration project directly changes or affects the public right -of -way within the project limits. The public agency must improve the accessibility of only that portion of the public right -of- way changed or affected by the alteration. If a project resurfaces the street, for accessibility purposes the curbs and pavement at the pedestrian crosswalk are in the scope of the project, but the sidewalks are not. Any of the features disturbed by the construction must be replaced so that they are accessible. All remaining access improvements within the public right -of -way shall occur within the schedule provided in the public agency's planning process. I am in a quandary as to why only 6 new Curb Ramps were included in the bid package. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 9 Town of Los Gatos — ADA/Liability Exposure and Mitigation Suggestions The "multiple- clarification process" may have provided our Town (and, assuredly, many other municipalities) a reprieve from past sins relating to street projects performed during the intervening period from June 2013 to July 1, 2014. However, I feel our Town would be best served if the Transition Plan for Curb Ramps started with a self - evaluation of all streets repaired in any fashion since June 2013 with determination as to "alteration" or "maintenance" and what, if any, curb ramps should be considered for replacement. Another observation is that, based on bids received for past Sidewalk, Curb and Gutter projects and the bid most recently authorized (yet rejected), application of the clause above in Q &A #19 — "..a public agency may select specialty contractors to perform different specialized tasks prior to completion of the alteration project or concurrently with an ongoing project..." may yield favorable budgetary results for our Town. Bids received from "Street Companies" ranged as high as 40% more than bids received from "Sidewalk Companies" for Curb Ramps of similar specifications. Last note as to Curb Ramps — in the plans for the Annual Sidewalk, Curb and Gutter Project approved by Council on 031715, curb ramps were to be constructed at certain corners on Town Terrace. I had expected that such would have been prioritized at the "top of the list ". Why? Because none currently exist— in an area of high density (apartment complexes), where on my random drive - throughs, I see young children (many in strollers) and /or seniors walking on the sidewalks. Yet — as of one week ago, they have still not been done. Instead, existing curb ramps have been replaced in the San Benito and adjoining neighborhoods which were not even included in the 031715 approved plans. In fact, those streets were also not on the approved list for current resurfacing copied herein on Page 8. IV. Sidewalks and Curbs Given the materials shared thus far, I believe everyone can conceptualize what should be incorporated into the Transition Plan for Sidewalks, Curbs and Gutters. Not unlike those of many other municipalities who have not undergone development of a Transition Plan, remedial efforts in this area have primarily been dictated by recorded complaints. In other words, "The squeaky wheel gets oiled first.... ". However, even that philosophy is not handled consistently. I can refer to a recent situation where someone called for the first time on a Monday and had the repairs (for a relatively minor lift of a sidewalk seam) completed on the Thursday of the same week. But there are many more cases where people have simply "thrown in the towel" on ever getting such risks remedied by our Town. The need for a well- thought -out Transition Plan is clear. I offer the following brief comments to hopefully assist you in providing guidance in this regard. • A Transition Plan must be fluid as new circumstances arise. However, a "Control Point' must be established to ensure cohesiveness between Council direction and Staff - driven products. Angelia M. Doerner — SaveOurHood @Yahoo.com Page 10 Town of Los Gatos — ADA/Liabi ure and Mitigation S • Stakeholder complaints or requests for repairs must still be given credence — but within an established hierarchy of prioritization including disability issues of complainant, location, level of pedestrian traffic and severity of "disrepair ". • Costs from the last several bid cycles of such repairs have been relatively stable; estimates in the Transition Plan should have a high level of validity — not a 15 or 20% change order authority on top of a 15 or 20% "contingency ". • Policies of requiring stakeholders to repair /reconstruct sidewalks, etc., before final sign -off of significant remodels must be uniformly enforced. Trust me —they have not been in the past. • Parkway strips containing tree stumps pose significant risks — remedies including their grinding and /or removal should be incorporated into the Transition Plan. • Legal enforceability of provisions set forth in the newly- adopted "Tree Ordinances" should be internally challenged to determine viability. If stakeholders abutting public right -of -ways have no control over maintenance of trees on such publicly -owned property, and trees cause uplifted or cracked sidewalks, broken curbs and gutters, etc., how can liability be transferred to the stakeholder? As volunteers in your positions, I know you are committed to "doing right" for individual Residents and the Town as a whole. As a Resident, I feel it is my duty to offer input to assist you in those endeavors. Thank you for your time in considering my thoughts and comments. Angelia M. Doerner - SaveOurHood @Yahoo.com Page 11 Division of Local Assistance - Office Bulletin DLA -013 I4 -02 —ADA Requirements for Curb Ramps W.-, ' Office of Policy Development and Quality Assurance Issued - -March 17 2014 J ADA Requirements for Curb Ramps I. BACKGROUND Expires — Upon Issuance ofLPP Title II of the Americans with Disabilities Act (ADA) of 1990 requires that public entities, including state and local governments, ensure that persons with disabilities have access to the pedestrian routes in the public right of way. An important part of this requirement is the obligation whenever streets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs. This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities. The United States Department of Justice (DOJ) and the Federal Highway Administration (FHWA) released a joint technical assistance guidance (Technical Assistance) in June 2013 clarifying ADA Title II requirements to provide curb ramps when streets, roads, or highways are altered through certain types of resurfacing treatments. This Technical Assistance ht : / /www.$twa.dot eov /ci lriahts /pro�nams /doi fhwa to ctn) applies to al] State and local government projects (not just Federal -aid projects). The Technical Assistance provides clarification and addresses past inconsistency of interpretation by FHWA pertaining to a specific type of roadway treatment being considered maintenance (not requiring the installation or upgrade of curb ramps) or alteration (requiring the installation or upgrade of curb ramps) when there is a pedestr an walkway with a prepared surface for pedestrian use and a curb, elevation, or other burr er between the street and the walkway. II. POLICY Certain types of resurfacing treatments shall be considered an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Crosswalks constitute distinct elements of the right -of -way intended to facilitate pedestrian traffic. Regardless of whether there is curb -to -curb resurfacing of the street or roadway in general, resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk. The following roadway treatments shall be considered an alteration: • Open - graded Surface Course • Cape Seals • Mill & Fill / Mill & Overlay • Hot In -Place Recycling • Microsurfacing / Thin Lift Overlay • Addition of New Layer of Asphalt • Asphalt and Concrete Rehabilitation and Reconstruction • New Construction Treatments that serve solely to seal and protect the road surface, improve friction, and control splash and spray shall be considered maintenance because they do not significantly affect the public's access to or usability of the road. The following types of treatments shall be considered maintenance: • Crack Filling and Sealing • Surface Sealing • Chip Seals • Slurry Seals Page I of 2 Filename: DLA -013 14- 022014 -03 -17 ADA.docx Prepared by: RValluvan Division of Local Assistance - Office Bulletin DLA -OB 14 -02 — ADA Requirements for Curb Ramps Office of Policy Development and Quality Assurance Issued -- March 17, 3014` F • Fog Seals • Scrub Sealing • Joint Crack Seals • Joint Repairs • Dowel Bar Retrofit • Spot High- Friction Treatments • Diamond Grinding • Pavement Patching In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. A glossary of terns in the Technical Assistance can be found at: http: / /www.ada eov /doi -f iwa- ta- alossa ly itm. III. PROCEDURE Diligent efforts should be made to comply with this clarification and the Local Agencies need to ensure their internal programs and guidance conform to this guidance. Implementation of this guidance should incorporate the following: For all resurfacing projects that are scheduled to go out to bid for construction prior to July 1, 2014: Projects may be completed as initially scoped without incorporating the clarification provided in the Technical Assistance. Within the project limits, any curb ramp improvements that are not seeped into the project and do not comply with the 1991 or current ADA standards will need to be listed it) the local agency's transition plan. For all resurfacing projects that will go out to bid for construction on or after July 1, 2014: Alteration projects identified per the clarification provided in the Technical Assistance guidance must incorporate required curb ramps. Any existing nonconforming curb ramps within the project limits must be upgraded to comply with the current ADA Standards. Indefinite Delivery /Indefinite Quantity ("on-call") contracts: Contracts must be immediately modified so future task orders reflect this clarification. IV. APPLICABILITY/IMPACTS This Office Bulletin applies to all transportation projects regardless of funding source. There may be environmental and right of way impacts. Recommended: Original Signed By Rajalingam Valluvan, Assistant Process Review Engineer Approved: Original Signed By Henry Wells, Acting Office Chief Page 2 of 2 Pilen e:DLA- OB14- 022014- 03- 17ADA.doex 3/17/2014 Date 3/17/2014 Date Prepared by: RValluvm