Agenda packet — Monterey City Council, December 17, 2024 (part 12 of 21)

City of Monterey ADA Transition Plan Update Executive Summary March 11, 2013 S a l l y S w a n s o n A r c h I t e c t s, I n c.

Official(s) Responsible
The ADA requires that an official be identified as responsible for the implementation of the Entity’s plan.

It is the US DOJ's view that compliance with 28 CFR 35.150(a), like compliance with the corresponding provisions of the section 504 regulations for public programs, would in most cases not result in undue financial and administrative burdens on a typical City. In determining undue financial and administrative burdens, all City resources available for use in the funding and operation of City services, programs and activities would need to be considered.

The burden of proving that compliance with paragraph (a) of 28 CFR 35.150 would either fundamentally alter the nature of a service, program, or activity OR would result in undue financial and administrative burdens rests with the City. The decision that compliance would result in such alteration and/or burden must be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion.

While the US DOJ has acknowledged the difficulty/complexity of not only making such a determination, but also identifying the official responsible to make this decision/determination, the department's intention is clear in that the determination must be made by a high level official, no lower than a Department head, having budgetary authority and responsibility for making spending decisions.

The Official Responsible for the implementation should be able to seek/acquire funding for ADA barrier removal work over the City’s Transition Planning period. In most cities, it is the City Manager who can effectively control the City’s budget line item – “ADA Transition Planning budget”. As such, The City of Monterey will designate __________ as the Official Responsible for the implementation of its ADA Transition Plan. In the City of Monterey, the barriers identified in Parks, Buildings and the Rights-of-Way will all fall in the purview of the City Manager and/or his respective Directors – i.e. Community Development, Parks & Recreation, Public Works/Engineering, etc.

Typically, the responsibility of making any particular City program, service or activity accessible to all persons, regardless of ability, rests with the official who controls the operating funds for that particular program, service or activity. To this end, the task of seeking/getting approval for funds from the governing body to make the said program accessible lies with the official responsible for the program.

Indication of the official(s) responsible for implementation of the plan fulfills the final requirement of a Transition Plan.

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3671, Packet Page 3876

City of Monterey ADA Transition Plan Update Executive Summary March 11, 2013 S a l l y S w a n s o n A r c h I t e c t s, I n c.

Public Input
A public meeting is to be held on Friday, March 22, 2013 to invite the public to comment on the City’s Draft ADA Transition Plan Update. A meeting notice was posted on the City’s website and published in two local newspapers two weeks before the meeting. Invitations to the meeting were sent to several stakeholder groups for persons with disabilities.

Transition Plan Implementation
The document should be maintained and updated for the duration of the Transition Planning period and a copy of the transition plan shall be made available for public inspection.

The final product is a working document to be modified as barriers are removed or alterations are made. The Official(s) responsible and project managers overseeing the barrier-removal projects will document all such ADA improvements/upgrades. Also as part of this process, technical infeasibility, if any, to meet necessary accessibility compliance will be documented and filed for the City’s records by the Engineer-of-Record on the said project. It is also recommended to provide accessibility site audits (inspections) of on-going projects as part of the project close-out/certification. This documentation and verification of barrier-mitigation will be integrated into the City’s ADA Transition Plan on a regular basis to ensure that barriers are “checked-off” and the Plan is current with a record of barrier-mitigation work. Annual reports of barrier-mitigation work may also be provided to City Council.

This is a living document and is open to modification throughout the transition period. Identified in the appendix of the Transition Plan, are proposed facilities barrier-mitigation sorted and assigned by the City programs/plans. Also identified in the appendix of the Transition Plan, is a list of issues that will be included as part of the City’s maintenance programs.

The City has formed an ADA Compliance Team. The Team is tasked with analyzing the City’s ADA Compliance efforts and implement, where necessary, changes to the City’s policies, procedures and infrastructure to ensure that they adhere to the guidelines set forth in the ADA Regulations and that the City’s programs, services or activities are accessible to people with disabilities. This team will meet on a biannual basis.

The City will continue to plan for an annual “ADA Transition Planning budget”. This budget will be used to plan mitigation of those barriers identified in the Plan that are not part of any CIP project or Bond program. This budget will be in addition to and separate from funds required for any ADA improvements and upgrades triggered on account of CIP projects and Bond Programs. The scope of work and budget for all such CIP and bond projects must incorporate the improvements triggered by applicable Federal, State and local accessibility regulations and codes.

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3672, Packet Page 3877

City of Monterey ADA Transition Plan Update Executive Summary March 11, 2013 S a l l y S w a n s o n A r c h I t e c t s, I n c.

FUNDING TYPES FUNDING SOURCES
CIP - General Fund General Fund
Parking Fund
Gas Tax
Marina Fund
Wharves 1 & 2 Fund
POM - Presidio of Monterey

NIP - Neighbor Improvement Plan Fully Funded
Partial/Other Funded
Cut-Off Projects

Maintenance of Accessible Features
Finally, the Maintenance of accessible features is mandated by State and Federal Regulations and is an integral part of the City’s plan to transition into a more accessible destination. Both, Chapter 28 Code of Federal Regulation, Part 35, Section 35.133 as well as the California Building Code section 1101B.3 – Maintenance of accessible features, state:

1. A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and usable by persons with disabilities.

2. This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

Both these sections provide that a public entity shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and usable by persons with disabilities. They require that, to the maximum extent feasible, facilities must be accessible to, and usable by, individuals with disabilities. These sections recognize that it is not sufficient to provide features such as accessible routes, ramps, or elevators, if those features are not maintained in a manner that enables individuals with disabilities to use them. Inoperable elevators, are neither "accessible to" nor "usable by" individuals with disabilities.

It is, of course, impossible to guarantee that mechanical devices will never fail to operate. As such, the 2nd paragraph provides that this section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. This paragraph is intended to clarify that temporary obstructions or isolated instances of mechanical failure would not be considered violations of the ADA or this part. However, allowing obstructions or "out of service" equipment to persist beyond a reasonable period of time would violate this part, as would repeated mechanical failures due to improper or inadequate maintenance. Failure of the public entity to arrange prompt repair of inoperable elevators or other equipment intended to provide access would also violate this part.

A City-wide formal policy specifically addressing the legal requirements (28CFR Part 35.133 & CBC1101B.3) of maintaining accessible features would be of long-term benefit to the City.

When, over time, an accessible feature fails, institutionalizing organizational commitments towards protocols and maintenance ensures an appropriate action is taken.

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3673, Packet Page 3878 SSA Project # 11037
City of Monterey - ADA Transition Plan
March 2013
Section: II Self-Evaluation
A. Report of Findings, Recommendations and Model
Policies
B. Self-Evaluation Questionnaire Tool
C. Department Responses Matrix

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3674, Packet Page 3879 City of Monterey Self Evaluation report
Instructions: Use this chart to track the status of findings/recommendations identified in the City's Self Evaluation.

Status key: Completed
Minor policy revision that need attention but will not delay implementation Progress key:

Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Sally Swanson Architect is under contract to provide services designed to comply with this mandate 28CFR Part 35.150
$ -
Provide guidance on furniture placement and make communication devices, such as telephones, accessible to staff. 28CFR Part 35.150
$ -
The program needs to be made accessible to and useable by qualified persons with disabilities. This can be achieved either by relocating the program to an accessible location or exploring 28CFR Part 35.150
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Major policy revision/implementation that need attention and will (or most likely will) be delayed I. Examine Programs for Physical Barriers
$ -
Months
City of Monterey Self Evaluation Plan - Status Chart
Task progress and deadline
SSA Inc. Page 1 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3675, Packet Page 3880 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
We concur and recommend that any policy developed be implemented City wide. 28CFR Part 35.130 & 35.149 $ -
Develop, disseminate and implement Policies and Practices to ensure policy modification requests and alterations are handled appropriately on a Citywide 28CFR Part 35.130 & 35.149
$ -
Develop Policies and Procedures to ensure persons with disabilities are notified of the City's willingness to provide 28CFR Part 35.130 & 35.149 $ -
ADA Title II requires that all programs, services and activities be readibly accessible to and useable by qualified 28CFR Part 35.130 & 35.149 $ -
If this barrier (Colton Hall & PBL Building) is not resolved within the transition plan, Program Access Solutions must be entertained to determine what solutions might exist for creating an acceptable 28CFR Part 35.130 & 35.149
$ -
Offer guidance and training of provided services available in an integrated setting, including communications, awareness, policy modification and accessible meetings. 28CFR Part 35.130 & 35.149
$ -
Standardize language in 3rd party contractor agreements to ensure conformance to the City's disability policies and procedures. 28CFR Part 35.130 & 35.149
$ -
Develop a consistent approach to address matters related to alledged discrimination within 3rd party 28CFR Part 35.130 & 35.149 $ -
Develop a written policy to ensure the provision of auxilary aides and services remains free of charge. 28CFR Part 35.130 & 35.149
Develop and distribute an appropriate ADA Non-Discrimination Notice policy. 28CFR Part 35.130 & 35.149
Draft a Service Animal Policy with guidance for staff. This policy should be sensitive to the 2010 Regulations, as well as potential inconsistencies which may emerge in State Law. 28CFR Part 35.130 & 35.149
II. Review Practices that Limit Participation
SSA Inc. Page 2 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3676, Packet Page 3881 City of Monterey Self Evaluation report
Such policy and guidance should be developed and disseminated. 28CFR Part 35.130 & 35.149
Develop a Guidance Document and train maintenance staff to ensure compliance 28CFR Part 35.130 & 35.149
Update the policy to ensure compliance with the 2010 ADA Regulations. 28CFR Part 35.130 & 35.149
Evaluate Emergency Dispatch staff to determine their proficiency in use of the TTY systems. Provide training if needed. 28CFR Part 35.130 & 35.149
Develop guidance for impacted officers. 28CFR Part

35.130 & 35.149
Develop and disseminate information and guidance to officers regarding communication with persons with cognitive disabilities, if it has not been done so to date. 28CFR Part 35.130 & 35.149
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
$ -
SSA Inc. Page 3 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3677, Packet Page 3882 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Cover this topic in Disability Awareness Training, as guidance would be beneficial to City staff. 28CFR Part 35.160 & 35.161
$ -
Disability Awareness Training would be beneficial.
28CFR Part 35.160 & 35.161 $ -
Develop a policy mandating the testing of Web based forms prior to use on any City website. 28CFR Part 35.160 & 35.161 $ -
Should the City ever use touch screen systems, it is strongly recommended that 28CFR Part 35.160 & $ -
Disseminate guidance in this area to all impacted City staff to ensure continuity. 28CFR Part 35.160 & 35.161 $ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

III. Review Policies for Effective Communication
Months
$ -
SSA Inc. Page 4 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3678, Packet Page 3883 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Put in place guidance addressing the City's obligation to provide auxiliary aides and services (accommodations) to persons with disabilities as needed.Identify resources within the 28CFR Part 35.160(b)
$ -
Develop and disseminate guidance regarding video purchasing. It should be noted that this area may be subject to change as the US Dept of Justice is 28CFR Part 35.160(b)
$ -
Utilize the EEOC guidance relative to identifying employees in need of assistance during an emergency. 28CFR Part 35.160(b)
$ -
Develop guidance to assist impacted staff in administering the Interactive Process within the context of Emergency Planning. 28CFR Part 35.160(b)
$ -
Develop and disseminate specific guidance to ensure continuity in the Interactive Process, relative to Accommodations addressing Emergency 28CFR Part 35.160(b)
$ -
Develop, exercise and debrief emergency management plans for all impacted properties. The ADA Coordinator or his designee should participate in this process to ensure the needs of persons 28CFR Part 35.160(b)
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

IV. Review Policies to Secure Services/Equipment
$ -
Months
SSA Inc. Page 5 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3679, Packet Page 3884 City of Monterey Self Evaluation report
SSA Inc. Page 6 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3680, Packet Page 3885 City of Monterey Self Evaluation report
Recommendations for City Facilities
Code Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
If in planning it is determined the use of Emergency Evacuation Chairs are desireable for a given site, stairwells should be examined for accessibility of the chairs prior to equipment purchase. 28CFR Part 35.162 & 35.164
$ -
Emergency management plans should be developed, exercised and debriefed for all impacted properties. The ADA Coordinator or his designee should participate in this process to ensure the needs of persons with disabilities are factored into planning. 28CFR Part 35.162 & 35.164
$ -
If the City elects to use a buddy system to support emergency management during planning, careful role definition and redundancies should be built into the system. 28CFR Part 35.162 & 35.164
$ -
Communication from the command center to the area of safe refuge should be considered in emergency planning particularly as it relates to persons who 28CFR Part 35.162 & 35.164
$ -
Put in place a system to account for all occupants of evacuated sites. 28CFR Part 35.162 & 35.164 $ -
Develop guidance to address issues relative to examining the worksite of a person with a visual impairment during a bomb threat. 28CFR Part 35.162 & 35.164
$ -
Should facilities be used for mass care sheltering, consideration should be exercised concerning sleeping areas, toilet and shower facilities, eating 28CFR Part 35.162 & 35.164
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:
$ -
Months
V. Review Emergency Evacuation Procedures
SSA Inc. Page 7 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3681, Packet Page 3886 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Develop and disseminate language and etiquette guidance to all City Employees who have public contact or create publications and documents on behalf of the City. These parties should also have disability awareness training. 28CFR Part 35.160
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
$ -
VI. Review Written and Audio-Visual Materials
SSA Inc. Page 8 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3682, Packet Page 3887 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
The City of Monterey is involved in a survey process leading towards a transition plan to ensure accessiblity to City's programs, activities and services. Should problems in this area be identified in that process they should be mitigated within the four steps of the Transition Plan. 28CFR Part 35.150(a)(2) & (b)(2) $ -
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
VII. Review Access within Historic Facilities
$ -
SSA Inc. Page 9 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3683, Packet Page 3888 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Put into place a procedure to evaluate ADA related policy modification requests and to determine whether said requests 28CFR Part 35.150(a)(3) & 35.164 $ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
VIII. Review Hardship Approval Policy
$ -
SSA Inc. Page 10 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3684, Packet Page 3889 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Formalize a system-wide approach including access surveys, provisions of auxiliary aides and services and disability etiquette. Incorporate the system into City 28CFR Part 35.130
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:
$ -
IX. Review Policies for Access to Meetings/Events
Months
SSA Inc. Page 11 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3685, Packet Page 3890 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
It is recommended the City study this process to develop a manner in which applicants with disabilities have equitable access to the application process. 28CFR Part 35.140 & FEHA
$ -
The City should double its efforts in an attempt to ensure that all candidates are aware in advance of the general activities they are expected to engage in during selection. 28CFR Part 35.140 & FEHA
$ -
The City should develop and disseminate Policy/Guidance on this topic. 28CFR Part 35.140 & FEHA $ -
Upon creation of a policy it should be disseminated to candidates and staff. 28CFR Part 35.140 & FEHA $ -
Reasonable Accommodation procedures should be developed and disseminated to include forms to document the City's efforts. 28CFR Part 35.140 & FEHA
$ -
The criteria should be clearly spelled out in the Guidance recommended above. 28CFR Part 35.140 & FEHA $ -
X. Review Employment Practices for Supervisors/Managers SSA Inc. Page 12 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3686, Packet Page 3891 City of Monterey Self Evaluation report
A Policy/Guidance should be developed to address this coordination issue. 28CFR Part 35.140 & FEHA $ -
Emergency Planning must be conducted in a manner that covers all City sites. 28CFR Part 35.140 & FEHA $ -
The City should, on a voluntary basis, ask all employees at the time of hire if they need assistance during an emergency. They should also ask all staff annually on a voluntary basis if they need assistance during an emergency, and finally, if management observes a change in an employees condition, which might impact them during an emergency, they should ask if the employee would need assistance 28CFR Part 35.140 & FEHA
$ -
As recommended above the City should develop and disseminate an ADA Grievance Process. 28CFR Part 35.140 & FEHA $ -
It is recommended that at a minimum duty statements be revised prior to the selection process, and ideally, they should be reviewed and updates considered at the time of performance review, in addition to the review at accommodation. 28CFR Part 35.140 & FEHA
$ -
The specific policy should be reviewed, updated if needed and broadly disseminated. 28CFR Part 35.140 & FEHA
Disseminate to impacted staff as appropriate resources available to obtain needed information. This may also be accomplished in part through the 28CFR Part 35.140 & FEHA
This information should be contained in the Reasonable Accommodation Guidance. 28CFR Part 35.140 & FEHA
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
$ -
SSA Inc. Page 13 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3687, Packet Page 3892 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15
Status Comments
A systemic approach to lease acquistion and renewal should be developed and disseminated to impacted parties. The objective within would be to ensure that the City did not enter into or renew a lease agreement in which access barriers would become a liability for the City. 28CFR Part 35.150
$ -
Develop guidance to ensure that impacted parties have access to basic information concerning the appropriate placement of furniture and equipment to avoid access barriers. Train impacted staff to ensure ongoing compliance. 28CFR Part 35.105
$ -
We recommend that guidance and training be offered to impacted staff. 28CFR Part 35.105
It appears the only pending complaint is being addressed 28CFR Part 35.133 & CBC1101B.3 $ -
A procedure to ensure that maintenance of accessible features becomes a priority of all impacted City staff should be put in place. Training of maintenance staff would be an important factor in implementing this new procedure. 28CFR Part 35.133 & CBC1101B.3
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
XI. Review Building and Construction Policies
$ -
SSA Inc. Page 14 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3688, Packet Page 3893 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15
Status Comments
Due to the observations made within the Self Evaluaion Process and the responses contained within Section 12, we are recommending the following: the City should have a traiining program which would include, but not be limited to : 1) Disability etiquette and awareness for staff having public contact; 2) communication and meeting/event production for staff involved in the production of meetings and events; 3) emergency management for persons with disabilities for staff involved in the emergency management plan; 4) maintaining accessible features for all maintenance and custodial staff; 5) accessibility issues within lease, and lease renewal acquistion. These trainings should be supported by a series of guidance documents which should be available on a shared drive and accessible to staff as needed. The topics of the Guidance Documents should vary broadly. 28CFR Part 35.105
$ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Months
XII. Determine Training Needs for Employees/Subordinates $ -
SSA Inc. Page 15 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3689, Packet Page 3894 City of Monterey Self Evaluation report
Recommendation Code
Citation
Official Responsible/Dept/Div
Actual
Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15 Status Comments
Develop a policy to bring the City into compliance with this Federal mandate. 28CFR Part 35.131 $ -
Total Expense:

Total Time:

Dependencies on:

Dependencies for:

General comments:

Administrative RequirementsRecommendation Code
Citation
Official Responsible/Dept/Div
Actual Expense (if applic.)
Q3 13-14
Q4 13-14
Q1 14-15
Q2 14-15
Q3 14-15
Q4 14-15
Status Comments
Establish and broadly disseminate an ADA/Disability Civil Rights Grievance system, using the US Department of Justice Grievance template as a basis. 28 CFR 35.105-35.107; 35.150(c) and (d).

Develop a working support group comprised from key City Departments and a Citizen's Disability Advisory Committee representing a variety of disabling conditions to provide the ADA Coordinator with support and insight on ADA issues. 28 CFR 35.105-35.107; 35.150(c) and (d).

If program access solutions are used, the City must specify the manner in which programs will be offered in an alternative manner to ensure they are accessible to persons with disabilities. This system should be specific enough to identify staff involved and the solutions available. If training is necessary to implement program access solutions, it should be provided to impacted staff. 28 CFR 35.105-35.107; 35.150(c) and (d).

The development of an ADA Notice of Compliance should be created and broadly disseminated to ensure the City is in conformance with Federal ADA Mandates. 28 CFR 35.105-35.107; 35.150(c) and (d).

Months
XIII. Review Nondiscriminatory Practices
$ -
SSA Inc. Page 16 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3690, Packet Page 3895 City of Monterey Self Evaluation report
Develop and disseminate an Anti Surcharge Policy to ensure appropriate compliance with Federal Compliance. This policy should also be incorporated into the aforementioned ADA Notice. 28 CFR 35.105-35.107; 35.150(c) and (d).

Involve the ADA Coordinator in Emergency Planning.
28 CFR 35.105-35.107; 35.150(c) and (d).

Total Expense: #REF!
Total Time: Months
Dependencies on:

Dependencies for:

General comments:

SSA Inc. Page 17 3/12/2013

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3691, Packet Page 3896

TEMPLATE

CITY OF MONTEREY
Self Evaluation Questionnaire
All rights reserved R. Michael Paravagna, 2012  Sally Swanson Architects Inc. 220 Sansome Street • Suite 1100
San Francisco • CA 94104
Phone 415.445.3045 • Fax 415.445.3055
SURVEY RESPONDENT INFORMATION  City Department and/or Division:  Name & Designation:  Email Address & Telephone #:  Survey Completion Date:

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3692, Packet Page 3897

TEMPLATE
City of Monterey Self Evaluation
Page ii
Table of Contents
Introduction iii

QUESTIONNAIRE SECTIONS
Administrative Requirements 1
I. Examine Programs for Physical Barriers 5
II. Review Practices that Limit Participation 6
III. Review Policies for Effective Communication 8
IV. Review Policies to Secure Services/Equipment 9
V. Review Emergency Evacuation Procedures 10
VI. Review Written and Audio-Visual Materials 13
VII. Review Access within Historic Facilities 14
VIII. Review Hardship Approval Policy 14
IX. Review Policies for Access to Meetings/Events 15
X. Review Employment Practices for Supervisors/Managers 15 XI. Review Building and Construction Policies 21
XII. Determine Training Needs for Employees/Subordinates 22 XIII. Review Non-discriminatory Practices 22
Summary – key citations 24

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3693, Packet Page 3898

TEMPLATE
City of Monterey Self Evaluation
Page iii

INTRODUCTION
Instructions for completion of the Self Evaluation questionnaire The Americans with Disabilities Act (ADA) requires that all programs offered by public entities be accessible to and useable by persons with disabilities when the programs are viewed in their entirety. Key ADA citations are referenced at the end of this questionnaire for your information. The purpose of this checklist is to provide the teams or individuals, reviewing their department’s policies, practices and procedures, a structure for evaluating the programs, services and activities therein as measured against the aforementioned requirement. Programs vary from department to department and their application frequently varies within any given department/division. For this reason no program survey checklist is perfect. One of the valuable contributions you can make as a reviewer is to add items to the checklist, which you believe are pertinent to your programs’ functioning and the requirements of the ADA.

We ask that you evaluate policies which your program has responsibility for. For example, HR Staff and department managers would be primarily responsible for the checklist items found in Section 10 (Employment). However, it is recommended that all supervisors review this section and flag questions or make comments as necessary. You may also find that some sections are not pertinent to your City department as a whole. This would be the case if you do not conduct business from any historic sites and, therefore would not be responsible for completing Section 7.

As you find areas of deficiencies, please note them and include your suggestions as to how they may be remediated. Suggestions are most helpful when they note the deficiency, the proposed method of mitigation, the persons responsible and a suggested timeline as appropriate. Additionally, you may find areas where practices are inconsistent with policy. Should that occur, please make note of that, as this may be a staff training issue.

If when going through the survey tool you find yourself unable to respond to certain items that you believe are pertinent, please make note of those items so that appropriate consultation and guidance can be provided. If you believe the attachment of a given policy to the survey form will assist in communicating the structure of the policy, please submit the policy with this survey tool. Please advise your teams responding to the questionnaire on behalf of their respective departments/divisions to submit the completed forms via email by _____, 2012.

Finally, we thank you for the time and energy you are investing in evaluating your program function, in order that it can meet the legal mandates of the Americans with Disabilities Act and State Law as appropriate. The end result will also lead us to discrimination free program services delivered in the most integrated setting possible. Should you have any questions or concerns in responding to this

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ADA Coordinator and persons responsible for
facility acquisition or maintenance should
respond to Section I.

All Surveyors should respond to Section II
through Section IX & Section XII.

All Supervisors, Managers and HR Staff should
respond to Section X.

Section XI should be addressed by persons
having responsibilities for Building Construction
or acquisition;
Section XII should be responded to by all parties.

Section XIII should be responded to by the ADA
Coordinator.

If in responding to the questionnaire, you
reference any policy or procedure, please attach
the policy or procedure to this document.

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ADMINISTRATIVE REQUIREMENTS
(for the ADA Coordinator)

1. Does your City have 50 or more employees?

2. Are you aware of a grievance procedure that been developed to resolve ADA related issues within your department/division (or City-wide)?

3. How is the grievance procedure made available to stakeholders relating to your department/division?

4. Does the grievance procedure contain time lines, which facilitate a timely resolution of the complaint?

5. Is the complainant informed of the disposition of the grievance? Please state how.

6. If the complainant needs assistance because of his/her disability in filing the grievance, is such assistance made available? If yes, how is information regarding this support service made available to the public?

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7. Is there a separation of duties between the person who handles grievances and the persons who provide reasonable accommodation, policy modification or auxiliary aides and services?

8. Does the designated Coordinator of the ADA/504 efforts have ready access to Senior Management? Is information regarding this person’s identity readily available to staff and constituents? If yes, how is this information disseminated?

9. What assistance do you believe the ADA Coordinator would benefit from in executing ADA implementation responsibilities?

10. A review of physical access concerning all sites from which your department/division provides programs, services and activities must be conducted. Has such a review occurred?

11. Did the review contain the following elements:
a. A list of all physical barriers
b. The method to be used to mitigate the barrier
c. A time line for barrier mitigation
d. The person responsible for administering the transition plan

12. Who is responsible for monitoring the work done under the Transition Plan?

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13. When was the Transition Plan last updated?

14. Has the scope of the Transition Plan been increased to incorporate new elements covered within the 2010 Standards for Accessible Design?

15. Has the concept of “safe harbor” which was a part of the 2010 Standards for Accessible Design been incorporated into the Transition Plan?

16. When “Program Access Solutions” are used as the method to create access how are these solutions implemented? Please specifically state their impact on policy and staff operations.

17. It is required that interested parties are involved in Transition Plan decisions. Please discuss how this has been handled?

18. “Your Transition Plan is currently being updated. Please provide your comments and/or concerns, if any.

19. Was a self evaluation examining policies, practices and procedures conducted at an earlier date? If yes, please specify the date.

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20. If recommendations were identified were they adopted and implemented?

21. Have new policies or programs been initiated since the completion of the previous self evaluation plan?

22. Were persons with disabilities and interested stakeholders consulted during the development of the previous self evaluation plan?

23. In conducting the Self Evaluation Plan and creating policies, was disability defined under the Fair Employment and Housing Act (Government Code, Section 12926 or the ADA)? (Explanation – the ADA covers people with a substantial limitation to a major life activity and Government Code Section 12926 covers persons with a limitation to a major life activity)

24. Has your Division, Department and/or Program provided Notice of its nondiscrimination policy? If yes, please describe how the Notice was disseminated and attach a copy of the Notice. .

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25. Are policies in place that prohibit levying surcharges for the provision of auxiliary aides and services, i.e. readers, note takers, sign language interpreters, etc.? Please attach the policy.

26. Is the ADA Coordinator and emergency services personnel in communication on an ongoing basis concerning emergency
management?
NOTE: The US Department of Justice recommends the periodic publication of ADA notice, the use of TV/Radio, internet and other systemwide publications.

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Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3700, Packet Page 3905

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3/27/2012 S a l l y S w a n s o n A r c h i t e c t s I n c . Page 6 I. PHYSICAL ACCESS REQUIREMENTS A public
entity must examine each program to determine
whether any physical barriers to access exist.
(For ADA Coordinator and persons responsible for facilities acquisition or maintenance)
A. Identify steps to make programs physically accessible, i.e. restrooms in the area are accessible, doorways and paths into and around public offices and meeting rooms are wide enough for wheelchairs, etc. when viewed in their entirety. Please provide any comments or concerns, if any.

B. Structural changes are to be reported to the Building department and included in the overall Transition Plan for the City. Please provide any comments and/or concerns, if any.

C. Has the placement of furniture been considered as a potential barrier?

1. Is the use of furnishings which make it difficult or impossible for wheelchair users to pass through a given space avoided?

2. Are waiting rooms over-furnished, thus preventing
wheelchair users from having a place to be when waiting for appointments?

3. Are bulletin boards and brochure racks too high to be used by persons with disabilities?

4. Are items placed in areas immediately adjacent to the latch side of doorways in the pull direction?

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DETERMINE IF ANY EXCLUDE OR LIMIT

PARTICIPATION OF INDIVIDUALS WITH

DISABILITIES IN ITS PROGRAMS, ACTIVITIES OR
SERVICES.

A. Modify policies or practices.

B. Identify policy modifications to be implemented or submit justifications for those policies or practices which cannot be modified.

Example:

Can a blind person vote with the same degree of privacy and independence afforded sighted individuals?
Questions:

1. Are program eligibility requirements minimal?

2. Is each program eligibility requirement consistent with the business necessity of program administration? Would the removal of the requirement lead to a compromise of the
program’s functioning?

3. Are persons with disabilities receiving services provided in an integrated setting? If no, please discuss the program’s service model.

4. Do services provided through a third party contractor prohibit discrimination based on disability?

5. What methods could a complainant use to resolve an access issue related to a contract service provider?

6. Are policies in place that prohibit levying surcharges for the provision of auxiliary aides and services, i.e. readers, note

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7. Has your Division, Department and/or Program provided notice of its non-discrimination policy? If yes, please describe how the notice was disseminated.

8. Has your City reviewed its service animal policy since Federal Regulations changed Service Animal Access
Requirements in 2010? If a policy exists, please attach.

9. Do you have a policy and procedure to be used in analyzing “Direct Threat” to others? If yes, has this policy been updated since 2010? If the policy exists, please attach.

10. Have you developed guidance to be used within City
controlled property that addresses the use of motorized devices, other than wheelchairs, which are used for mobility? If the document exists, please attach.

11. Is a policy and procedure in place to ensure that features related to accessibility, such as elevators, lifts and other items that contribute to access to persons with disabilities are given the highest priority for repair when out of order? How is this policy disseminated to maintenance staff?

12. Is there a policy in place to enable persons to request a modification of City policy to create access for persons with disabilities? If a policy exists, please attach.

Law Enforcement:(For Police Department Only)

13. Has the US Department of Justice Role Call training videos been utilized to orient sworn officers to the appropriate interaction with persons with disabilities in law enforcement situations?

14. Are sign language interpreters available to support officers in public interactions?

15. Are TTY communication systems available on emergency telephone lines?

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16. Has staff been trained in the appropriate use of TTYs? If yes, when was the last training date?

17. Is TTY training a part of the orientation for dispatch staff?

18. How are service animals handled when their owner is arrested?

19. How are motorized wheelchairs or other heavy mobility devices transported at the point of arrest?

20. When holding an inmate what is the procedure to ensure that medical equipment and medications are made available in a timely fashion?

21. How do officers ensure that persons with cognitive
disabilities or hearing impairments understand information communicated to them?
III. Review policies to ensure effective communication
systems exists with applicants, participants, staff and members of the public, particularly individuals with
disabilities.

A. Telephone communication
B. Telephone emergency services
C. TTY (Teletypewriter)
Questions:

1. How do persons who are deaf, hard of hearing or have a speech impairment communicate over the telephone with
(programs, services or activities offered by) your Division and/or Department?

2. If emergency response is part of your program what is the system for persons noted above to obtain emergency

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3. When was the last time staff was trained in the use of your communication system for this population?

4. Are your web services accessible to persons who are blind or have low vision or learning disabilities?

5. Has the US Department of Justice guidance regarding
internet access been reviewed and used within your online programs?

6. Are forms available on your website for the public to complete? If yes, have these forms been tested by
individuals who use screen readers?

7. Do you use any touch screen systems when providing public service? If yes, please discuss how the services provided through this system are accessible for persons with visual impairment?

8. Do publications created by your division/department contain notice that they are available in alternative format upon request?

9. Is there a procedure for all staff having public contact regarding obtaining publications in alternative format when requested?
IV. Review policies to ensure provisions to secure services or equipment for:

A. Readers for individuals with visual impairments;
B. Interpreters for persons with hearing impairments; or

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Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3705, Packet Page 3910

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Questions:

1. Does your Division and/or Department provide auxiliary aides and services to persons with disabilities, to ensure equal program access?

2. Have resources been identified for the procurement of the following auxiliary aides and services:  Sign language interpreter?  Real time Captioner?  Note taker?  Braille?  Large Print?  Audio Tape?  Assistive listening devices?  Fragrance-free areas?  Air purifiers?  Remote video interpreting (RVI)?  Qualified Reader?

3. Are staff who have public contact aware of the procedures of your Division and/or Department for securing resources in a timely manner to provide auxiliary aides and services?

4. Do all public meeting notices contain information relative to how auxiliary aides and services can be obtained?

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5. Are videos purchased by your Division and/or Department always purchased with captioning included?
V. A review of procedures to evacuate individuals during an emergency. This may involve:

A. Installation of visual and audible warnings signals and special procedures for assisting individuals with disabilities from a facility during an emergency.

B. Using the EEOC guidance which was disseminated after 9/11 regarding identifying employees who have special needs in the event of an emergency.

Questions:

1. Is there an emergency evacuation plan for every site controlled by your Division and/or Department?

2. When was the last emergency drill?

3. Was a debriefing held after the drill to examine the effectiveness of the emergency response?

4. Did this debriefing include the provision of evacuation for employees and visitors with disabilities?

5. Has the EEOC guidance issued after 9-11 been used as a tool to identify staff that may need accommodation during an emergency?

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6. After staff discloses the need for assistance during an emergency is the interactive process initiated?

7. Who is responsible for coordinating this process?

8. Is the ADA coordinator and safety personnel in
communication on an ongoing basis concerning emergency
management?

9. When was the last planning session held?

10. If emergency equipment has been purchased how frequently is emergency staff trained in its appropriate utilization?

11. How is emergency management equipment maintained?

12. Where in your building is emergency management
equipment stored?

13. Have evacuations in your building included the use of emergency evacuation equipment and persons with
disabilities? If not, please explain.

14. If emergency evacuation chairs are used in stairwells have they been tested to ensure that they can navigate corners within the stairwells without getting jammed?

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15. Have provisions been made to ensure the stairwell can be utilized by emergency evacuation chairs, ambulatory building occupants and first responders simultaneously?

16. If it is necessary to reuse an emergency evacuation chair, what are the plans for the first person who is evacuated from the site regarding where they will be after the chair is taken back to the building?

17. Have first responders been consulted concerning your building’s plan for emergency management of persons with disabilities?

18. Have persons with disabilities in your building been informed of your emergency management plan?

19. If a buddy system is used for supportive persons with disabilities in an emergency please describe the system and its backups.

20. Is a system in place to shut down the HVAC system in the event hazardous chemical discharges occur outside the
building?

21. If an area of safe refuge is used please describe how the communication system between this area and the command
post is handled. Would this communication system be
effective for persons who are deaf or hard of hearing?

22. Does the command post have the capacity to communicate with first responders while they are in route to your building?

23. Is there a system in place to account for all personnel and visitors after the building has been evacuated?

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24. Are individuals with visual impairments assisted in examining their immediate work area in the event of a bomb threat?

25. Would the facility (or part thereof) housing your program be used as a Mass Care Shelter in the event of a
communitywide disaster?

26. Have arrangements been made to obtain medications and durable medical supplies during a community-wide event? VI. A review of written and audio-visual materials to ensure that individuals with disabilities are not portrayed in an offensive or demeaning manner.

Questions:

1. Has a review of publications and audio visual material of your Divisions and/or Departments been made to ensure
that persons with disabilities are not viewed in an offensive or demeaning manner?

2. Has this review included an examination of language to ensure that:  First person language is used?  Offensive terms such as “handicapped”, “suffering from”, “victim of”, etc are not used?

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3. Has the review ensured that the disabled community is represented by depicting a variety of disabilities within the publications and audio-visual materials of your
Division/Department?
VII. If Division and/or Department operates historic
preservation programs, review policies to ensure
priority is given to methods that provide physical
access.

Questions:

1. Does the City operate a program in a site that is listed on the National Historic Registry, a state historic registry or a local government historic registry? If yes, is there an accessible route from the arrival point to the entrance of the program location?

2. If the standard ramp slope was not feasible, has the historic standard been used to evaluate the ramp slope?

3. Is there an accessible route into the site (may not be the same entrance used by the general public)?

4. Is there at least one accessible toilet facility (maybe unisex)? Note: Accessible routes are only required at the level of entrance.

The program contained within the site must be accessible to and useable by persons with disabilities, i.e. if it is a historic library building, persons with disabilities must be able to participate in all phases of the program provided therein.

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Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3711, Packet Page 3916

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service is made properly and expeditiously.

Questions:

1. Does your Division and/or Department have a policy and procedure to ensure that decisions made claiming
fundamental alteration, hardships are reviewed in a timely fashion? If yes, please attach this policy. Has this policy been reviewed and updated to reflect the changes within the 2010 regulations?
IX. Review policies and procedures to ensure that
individuals with mobility impairments are provided
access to public meetings and events.

Questions:

1. Are formal or informal access surveys conducted within sites used for public meetings, training or other events?

2. Who conducts these site surveys?

3. What survey tools do they use to evaluate the site in question?

4. What training have they had in this subject matter?

5. What action is taken when findings concerning accessibility are identified?

6. Do the surveys include evaluations of access to City facilities to which school field trips are organized?

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7. Does your City sell tickets to events? If yes, has a ticketing policy been developed since the Federal Regulation update of 2010? If such a policy exists, please attach.

Note: These standards and questions are also applicable to emergency shelters and disaster recovery centers.

X. A review of employment practices to ensure they
comply with other applicable nondiscrimination
requirements – Section 504 of the Rehabilitation Act, the ADA regulation issued by the Equal Employment
Opportunity Commission and the California Fair
Employment and Housing Act
(for all Supervisors, Managers and HR Staff)
Questions:

Note: It is recommended that employment checklist be completed by the HR staff and all supervisors/managers)

1. Are openings advertised through organizations which
have a disability constituency, i.e. the Department of
Rehabilitation, Independent Living Centers, One Stop
Service Centers, and other disability based community
organizations?

2. Are essential and marginal functions of each position defined before advertising?

3. Is information regarding openings available to
perspective candidates in alternative format upon
request?

4. Do job bulletins announcing openings contain statements regarding the City’s non discrimination policy concerning persons with disabilities?

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5. Do advertisements inform potential applicants that
reasonable accommodation may be provided as needed
and appropriate during the selection process?

6. Are selection activities planned around evaluating the candidate’s ability to perform the essential function of the job in question?

7. Do candidates know in advance the types of activities they will be expected to engage in during the selection process? For example, interviews, writing exercise or
inbox exercise?

8. Have interview-panel members been trained in disability etiquette and allowable selection question formation?

9. Are all selection activities conducted in accessible locations?

10. Are selection sites adjacent to public transportation routes when possible?

11. Is there a policy prohibiting supervisors and managers from making any employment decision based on
disability?

12. Is there a reasonable accommodation policy in place, which can be utilized during selection, provision of
benefits and privileges, and to enable employees to
perform essential functions of their positions?

13. Is the reasonable accommodation policy readily
accessible to potential candidates and staff?

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14. Is assistance available for persons who may, because of their disability, be unable to independently fill out or complete the necessary forms for reasonable
accommodation?

15. Is the reasonable accommodation process based on the ADA, the Rehab Act of 1973 or the California Fair
Employment and Housing Act?

16. Is the criteria for eligibility for reasonable accommodation that of the Fair Employment and Housing Act?

17. Are disabilities evaluated in the unmitigated status?

18. Do policies exist that coordinate the reasonable
accommodation process with Worker’s Compensation?

19. Does the reasonable accommodation process require a multiple step interactive process?

20. Have persons responsible for administering the
reasonable accommodation process been trained to
facilitate the interaction noted in the question above?

21. Are medical inquiries made only when necessary and
only when job related and consistent with business
necessity?

22. Is all medical information stored in a secure file, separate from the official personnel file?

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23. Is there a policy in effect prohibiting the use of
information regarding existing leave balances in the
selection process?

24. Have hiring supervisors been trained not to ask questions about or leading to information about person’s disability during interviews or reference checks?

25. Is there a system in place to transfer a person with a disability into a vacant position if necessary, during the reasonable accommodation process? If yes, is there a
specific length of time prescribed in which a vacant
position is sought?

26. Does the search for vacant positions only include
positions from within the department the person is
employed by, or is it institution-wide?

27. When a vacant position is identified is there a prohibition against requiring that the person receiving the
reasonable accommodation compete for the assignment?

28. Has reasonable accommodation been considered during planning for emergency management in all sites from
which the City conducts programs, services and
activities?

29. Has the EEOC Guidance memo used to assist employers in identifying reasonable accommodation needs during
emergency evacuation of employees been used?

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30. Please discuss how confidentiality is maintained for all reasonable accommodation requests.

31. When equipment is purchased for reasonable
accommodation is the employees’ names used on
purchasing documents?

32. If reasonable accommodation is denied is the case
reviewed prior to issuance of the denial decision?

33. Is there an internal appeal process to address
reasonable accommodation disputes?

34. How often are duty statements reviewed and updated?

35. Does this review include documenting essential
functions?

36. Is a requested reasonable accommodation always in
place/resolved prior to the end of employee’s probation?

37. Is notice posted regarding the availability of the
reasonable accommodation program?

38. If drug testing is used, have the labs conducting the tests, been informed that they are not to report the use of
prescription medication?

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39. Is a policy disseminated annually to all staff putting them on notice that there is a zero tolerance for disability discrimination and/or harassment?

40. If direct threat is documented and will affect an employee or applicant’s position is it reviewed prior to decision implementation?

41. Are personal service assistants used as readers,
interpreters or drivers as a form of reasonable
accommodation? If yes, is there a consistent policy
addressing support services, such as, feeding, toileting, or tracheotomy tube cleaning?

42. What system is in place to keep HR, civil rights, legal counsel and managers and supervisor current with the
developments and disability employment law?

43. Has staff been trained in the determination of undue burden?

44. When undue burden decisions are reached are they
reviewed prior to the issuance of the decision?
Name of respondent (if different from cover page):
____________________________________
Email Address and Telephone Number:
____________________________________
Survey Completion Date:
____________________________________

APPENDIX N
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conform to Title II Standards and Regulations and the
California Building Code.
(for persons responsible for facilities construction or acquisition)
Questions:

1. Is policy in place to ensure that facilities obtained after January 26, 1992 conform to ADA access standards and
the prevailing version of the California Building Code?

2. Does this policy pertain to facility remodels?

3. Does this policy pertain to new construction?

4. Does this policy pertain to new leases and lease
renewals?

5. Is there a policy in place to ensure that facilities are not furnished or equipped in a manner that would create
barriers to access? If yes, please provide policy.

6. Are all projects in which facility improvements are made updated in the Transition Plan document/database?

7. Have staff responsible for acquiring new space or new leases been trained relative to access requirements?

8. Has your Division and/or Department received any
complaints concerning the access described within this
requirement? If yes, what was the content and
disposition of that complaint?

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3719, Packet Page 3924

TEMPLATE
City of Monterey Self Evaluation
3/27/2012 S a l l y S w a n s o n A r c h i t e c t s I n c . Page 25

9. Does your facility operation include a policy designed to maintain in operable working condition accessible
features of facilities and equipment that are required to be accessible to and usable by persons with disabilities? Note: Isolated or temporary interruptions in service or access due to maintenance or repairs are permitted.

XII. Ensure that employees are familiar with policies and practices for the full participation of individuals with disabilities. If appropriate, provide training to
employees.
(for the ADA Coordinator & HR Staff)
Questions:

1. Has training for staff been provided to ensure a thorough understanding of the City’s (including your Division and/or Department) disability civil rights responsibilities and disability etiquette?

2. How often is this training conducted?

3. What are the objectives of the training?

4. Is the training incorporated in your new employee academy? XIII. If a Division and/or Department limits or denies
participation based on drug usage, make sure
practices do not discriminate against former drug
users, as opposed to individuals currently engaged in
illegal use of drugs.

Questions

1. Have policies regarding illegal drug usage been reviewed to ensure that they do not discriminate against former drug and alcohol users?

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3720, Packet Page 3925

TEMPLATE
City of Monterey Self Evaluation
3/27/2012 S a l l y S w a n s o n A r c h i t e c t s I n c . Page 26 Name of respondent (if different from cover page):
____________________________________
Email Address and Telephone Number:
____________________________________
Survey Completion Date:
____________________________________

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3721, Packet Page 3926

TEMPLATE
City of Monterey Self Evaluation
3/27/2012 S a l l y S w a n s o n A r c h i t e c t s I n c . Page 27 SUMMARY – 28 Code of Federal Regulations;
Part 35 (Title II, Department of Justice) http://www.ada.gov/reg2.html Non-discrimination on the basis of disability in State and Local Government services
Title II covers all activities of State and local governments regardless of the entity's size or receipt of Federal funding. Title II requires public entities, such as the City of Monterey, give people with disabilities an equal opportunity to benefit from all of its programs, services and activities.

The City is required to follow specific architectural standards in the new construction and alteration of its buildings. Furthermore, the City must relocate programs or alternatively provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. The City is not required to take actions that would result in undue financial and administrative burdens. However, the City is required to make reasonable modifications to policies, practices and procedures, where necessary, to avoid discrimination, unless the City can demonstrate that doing so would fundamentally alter the nature of the service, program or activity being provided.

Key Citations
Sub Part A – General

35.105 – Requirement for Self Evaluation;

35.106 – Requires Posting Notice of ADA compliance;

35.107 – Requires the Designation of Employee Responsible for Coordination of ADA Implementation Activities;
Sub Part B – General Requirements

35.130 – General Prohibition Against Discrimination Against Qualified Persons with Disabilities;

35.131 – The Act's application to people who use drugs illegally;

35.133 – Requirement to maintain accessible features;

35.134 – Prohibition against retaliation or coercion;

35.135 – Clarification that personal services and devices are not required; Subpart C Employment

35.140 – Employment cross references with 29CFR part 1630; Sub Part D. Program Accessibility

35.150 - Adopts the program accessibility concept found in Section 504 of the Rehab Act of 1973;

35.151 – Requires New Construction and Alterations meet accessibility requirements; Sub Part E. Communications

35.160(d)(1) – Requirement of the Provision of Auxiliary Aides and Services;

35.161 – TDD Requirement;

35.162 – Telephone Emergency Services;

35.162 – Information Signage Availability;

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3722, Packet Page 3927

TEMPLATE
I. A review of employment practices to ensure they
comply with other applicable nondiscrimination
requirements – Section 504 of the Rehabilitation Act, the ADA regulation issued by the Equal Employment
Opportunity Commission and the California Fair
Employment and Housing Act (See Employment
Checklist)
Questions:

Note: It is recommended that employment checklist be completed by the HR department

2. Are essential and marginal functions of each position defined before advertising?

3. Is information regarding openings available to
perspective candidates in alternative format upon
request?

4. Do job bulletins announcing openings contain statements regarding the City’s non discrimination policy concerning persons with disabilities?

5. Do advertisements inform potential applicants that
reasonable accommodation may be provided as needed
and appropriate during the selection process?

6. Are selection activities planned around evaluating the candidate’s ability to perform the essential function of the job in question?

APPENDIX N
Council Regular Meeting, 12/17/2024, Item No. 17., Item Page 3723, Packet Page 3928