presented herein ensures adherence to both the Federal ADA Act and the California Government Code. On August 27, 2019, City Council awarded a contract to Jensen Hughes to prepare the City’s ADA Plan. On April 15, 2022, the Notice of Public Hearing was posted in the Los Cerritos News.
The ADA Plan is included as Enclosures 1 & 2. These are extensive documents and thoroughly describe the methodology used to prepare the documents to address all required components include public outreach and participation.
Section 8.0 of the Self-Evaluation Plan includes five (5) findings and recommendations as of the time of initial evaluation in 2019. The City has made significant progress in addressing some of these recommendations and the original recommendations may not all still be applicable, however any remaining outstanding recommendations will be implemented.
The Transition Plan portion outlines the methodology used to develop this part of the plan. Also included with the work effort is nearly 2,000 pages of detailed analysis of all City sidewalks, curb ramps, pedestrian signals, facilities (parks and buildings), and bus stops. The summary of this analysis is a detailed listing with costs estimates and photographs for every potential physical barrier on a City owned asset. The planning level costs estimates for those categories is as follows:
Category Estimated Cost
Sidewalks $37,931,000
Curb Ramps $12,205,000
Pedestrian Signals $ 817,000
Facilities $ 8,703,000
Bus Stops $ 86,000
Total $59,742,000
The ADA Plan as drafted is a tool and guideline for the City to formulate policy and set budgets over time to address both programmatic and physical barriers for those with disabilities. The plan does not prioritize or require the City to make any particular improvement within any specific time. ADA improvements are such that cities include improvements in each budget year based on that city’s ability and priorities. Staff has already been incorporating ADA improvements in every applicable project and will continue to do so. Additionally, staff will recommend additional ADA projects to include in the City budget for Council consideration.
One of the most challenging aspects of an ADA Plan is the upkeep, tracking and maintenance of the plan itself, typically done by an ADA Coordinator. An ADA Coordinator is an individual designated to coordinate and implement ADA compliance activities and the ADA Transition Plan. The ADA Coordinator is instrumental in ensuring that compliance of all the Transition Plan elements are implemented including policy CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 26, 2022
PUBLIC HEARING – ADOPT AMERICAN WITH DISABILITIES ACT SELFEVALUATION AND TRANSITION PLAN
development, practices, and procedures. The ADA Coordinator is experienced with local government’s structure, activities, programs, and employees. If not executed properly, the money invested in the plan is wasted as the plan becomes outdated quickly, seriously impairing good decision making and regulatory compliance. At the April 12th City Council meeting, City Council approved $100,000 from FY 2020-21 General Fund surplus to obtain an ADA Coordinator that meets the ADA Transition Plan needs and implementation requirements.
Conclusion:
Staff recommends approval of the City’s ADA Plan as prepared by Jensen Hughes and staff.
Steve Carmona
SC:TR:ll
Enclosures: 1) Self-Evaluation Report
2) Transition Plan
3) Notice of Public Hearing
Rev 4
AMERICANS WITH DISABILITIES ACT
SELF-EVALUATION PLAN 2021
City of Pico Rivera
Jensen Hughes, Inc.
1000 Wilshire Blvd.
Los Angeles, CA 90017
O: +1 213-412-1400
D: +1 213-338-8661
[email protected]
PREPARED FOR
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90660
Project #: 1KHA00005.000.002
Revised Date: November 2021
Enclosure 1
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Table of Contents
1.0 ACKNOWLEDGMENTS.................................................................................................... 2
2.0 INTRODUCTION AND PURPOSE OF THE ADA ............................................................. 2
3.0 OVERVIEW OF THE CITY OF PICO RIVERA.................................................................. 3
4.0 OVERVIEW OF THE ADA MANDATES IMPACTING THE CITY OF PICO RIVERA ....... 4
5.0 IMPACT OF CALIFORNIA STATE LAW........................................................................... 5
6.0 DEFINING A QUALIFIED PERSONS WITH A DISABILITY.............................................. 6
7.0 THE METHODOLOGY AND SCOPE OF THE ADA SELF-EVALUATION ....................... 6
7.1 Methodology............................................................................................................... 6
7.2 Scope of the Project Organization and Survey Plan................................................... 7
7.3 Staff Survey Categories.............................................................................................. 7
8.0 FINDINGS AND RECOMMENDATIONS .......................................................................... 7
8.1 Administrative Requirements...................................................................................... 7
8.1.1 ADA Transition Plan, 28 CFR 35.150 (d) ................................................................ 7
8.1.2 ADA Self-Evaluation, 28 CFR 35.105 ..................................................................... 8
8.1.3 Appointment of ADA Coordinator, 28 CFR 35.107.................................................. 8
8.1.4 ADA Grievance Procedure, 28CFR 35.107............................................................. 8
8.1.5 ADA Notice of Compliance, 28 CFR 35.106............................................................ 8
8.2 Policies and Practices ................................................................................................ 8
8.2.1 Policies and Practices Within the Scope of Review Recommended by the United States Department of Justice .............................................................................................. 8
9.0 PUBLIC OUTREACH AND PARTICIPATION ................................................................. 10
9.1 Method ..................................................................................................................... 10
9.2 Results ..................................................................................................................... 12
9.2.1 Presenting Staff and Support ................................................................................ 12
9.2.2 Attendee Participation ........................................................................................... 12
10.0 INSTRUCTIONS FOR UPDATING THE SELF-EVALUATION REPORT...................... 13
11.0 ADA SELF-EVALUATION IMPLEMENTATION PLAN .................................................. 13 APPENDICES TABLE OF CONTENTS ................................................................................ 15 (ADA Self-Evaluation Plan 2021) City of Pico Rivera
1.0 Acknowledgments
The Jensen Hughes team wishes to acknowledge and thank the various staff of the City of Pico Rivera for their participation and contribution to the development of the ADA SelfEvaluation Plan. Their in-depth knowledge and expertise regarding City operations were critical during the report process which allowed our team to perform the necessary evaluation of their programs, services and activities.
2.0 Introduction and Purpose of the ADA
The Americans with Disabilities Act (ADA) is a civil rights act that was signed into law by President George H.W. Bush on July 26, 1990. During this signing ceremony, President Bush called for the shameful wall of exclusion to fall. The intent of the ADA is to remove physical or policy related accessibility barriers to ensure persons with disabilities have access to the full range of elements and participation within American life.
The ADA requires that local governments, including the City of Pico Rivera, take certain affirmative steps to ensure appropriate access for qualified persons with disabilities is in place. This Self-Evaluation Report has been created to ensure that persons with disabilities are able to readily receive the programs, services and activities provided by the City of Pico Rivera.
This effort is engaged in by the City as an ongoing effort to ensure disability civil rights are in place and continuous improvement is realized. To facilitate this process, the City of Pico Rivera retained the services of Jensen Hughes. Jensen Hughes brings disability civil rights expertise to the project to ensure a thorough review is accomplished. The project includes an analysis of the built environment from which the City functions. The results of which are reported in the ADA Transition Plan report. In addition, all programs, services and activities were evaluated in terms of their policies and procedures. The results of this effort are reported in this document, the ADA Self-Evaluation Report. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
3.0 Overview of the City of Pico Rivera
Pico Rivera is a thriving community that offers opportunities to all who live, work and relax in the City. Situated on the eastern edge of the Los Angeles basin and the southern edge of the area known as the San Gabriel Valley, Pico Rivera is approximately 13 miles southeast of downtown Los Angeles.
Formed through the merging of two historic communities, Pico and Rivera, the City was officially incorporated in January 1958 as the 61st City in Los Angeles County. Originally an agricultural area, the community evolved into a residential and industrial area following the end of World War II.
Pico Rivera is governed by a Council-Manager form of government. The voters of Pico Rivera elect a 5-member City Council, which in turn appoints a City Manager to carry out its policies and serve as the administrative head of the City organization. As the City’s Chief Administrator, the City Manager is responsible for overseeing City employees who implement all of the City's programs, services and projects, with the exception of police, fire and library services, which are provided through contracts with the County of Los Angeles.
Within the City’s nine square miles, more than 120 acres are devoted to recreational uses, including just under 100 acres of local parks. (Find out more information about City Parks and Other Recreational Facilities at http://www.pico-rivera.org/depts/parks/default.asp).
A variety of regional entertainment and sporting venues, along with beach and mountain areas, are located within easy driving distance. The local housing stock, seventy percent of which is owner-occupied, has been expanded in recent years with the addition of several newer housing developments.
(ADA Self-Evaluation Plan 2021) City of Pico Rivera
Elementary and high school students in the community are served by the El Rancho Unified School District and Montebello Unified School District, with a number of universities and colleges in Los Angeles and Orange Counties providing a range of opportunities for higher education.
Industrial and commercial uses continue to be attracted to Pico Rivera, thanks in large part to the easy access provided by three freeways, major railroads, and the close proximity of world-class port and airport facilities. Since its incorporation more than 50 years ago, the City has embraced progress while honoring its heritage. As the community looks forward to the next 50 years, several recent and pending projects will help ensure Pico Rivera continues to be a great place to live, work and play. Within the past 10 years the City has completed projects such as the Passons Boulevard railroad underpass project, the new Pico Rivera Library on Mines Avenue, and the completion of the Parks Renovation Project, which provided much-needed improvement and expansion of City parks and recreational facilities throughout the community.
Source: Website of the City of Pico Rivera (http://www.pico-rivera.org/about/)
4.0 Overview of the ADA Mandates Impacting the City of Pico Rivera As a local government, the City of Pico Rivera must comply with the Federal regulation noted below:
28 CFR 35.130 General prohibitions against discrimination (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
To ensure that appropriate access is in place certain evaluations and policy statements are mandated, the City must:
(ADA Self-Evaluation Plan 2021) City of Pico Rivera
Conduct a self-evaluation to review all programs services and activities, 28 CFR
35.105;
Produce and disseminate an ADA notice of compliance, 28 CFR 35.106; Appoint an employee responsible for coordinating ADA activities, 28 CFR 35.107; Have in place an ADA grievance system, 28 CFR 35.107; and Develop an ADA transition plan, reviewing the built environment and detailing how and when access barriers will be mitigated, 28 CFR 35.150(d).
5.0 Impact of California State Law
When implementing the federal requirements of the ADA, it is critical that a comparison to state law be conducted to ensure that the law that provides the greatest access for persons with disabilities is being applied. 28 CFR 35.103 regulates that the ADA will yield to a stronger local law.
There are two instances where California State law has a material impact on the local government’s implementation of ADA:
1. California Government Code 12926 contains a broader definition of disability then that provided by the ADA. Summarizing the definition of disability under California law one should consider the following:
If a person has a physical or mental impairment that limits a major life activity, has a history of a physical or mental impairment that limits a major life activity, or is regarded as having a physical or mental impairment that limits a major life activity, that person is covered by California State law. Physical and mental disabilities can include, but are not limited to, chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease. Additionally, if a person has received services within a special education program, is a cancer survivor, or has a genetic characteristic that may eventually manifest itself into a disability, they are covered.
It is important to note that when examining whether a person has a disability that impacts the major life activity, one must consider the disability in the unmitigated status. Often, persons with disabilities mitigate the limitation of the disability through the use of medication, devices, or even personal habits. These forms of mitigation are not appropriate to consider when determining the definition of disability. Thus, one would look at how an individual with diabetes would function without her/his insulin.
Major life activities are very broad in nature. No exhaustive list exists to define them.
Hearing, seeing, walking, learning, reproduction concentrating, breathing, working, etc. are all among common major life activities.
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The ADA definition of disability uses the term “substantially limits” in the first prong. It does not specify coverage of cancer survivors, persons who have received services from special-education programs, or persons who have a genetic characteristic that may someday develop into a disability.
2. California Government Code 11135 incorporates ADA requirements, and that, if the laws of state and local governments prescribe stronger protections and prohibitions, the programs and activities shall be subject to the stronger protections and prohibitions.
6.0 Defining a Qualified Persons with a Disability
Frequently one may encounter the term “Qualified Person with a Disability”. To meet the standard of being a qualified person with a disability, an individual must be a person with a disability as defined above. Additionally, they must qualify to receive the programs, services, or activities in question.
For example, if a person has a qualifying disability and has purchased a ticket from the City to attend a performance sponsored by the City; that person is a qualified person with a disability. If the same individual did not have the required ticket for the performance that individual would not be qualified to attend. As such, the unqualified person with a disability would not have standing to request accommodation for the manner in which the performance was offered.
7.0 The Methodology and Scope of the ADA Self-Evaluation
7.1 METHODOLOGY
The goal of the self-evaluation is to analyze all programs, services and activities provided by the City of Pico Rivera. Toward this end, Jensen Hughes worked with each City Department and the ADA Coordinator. Surveys were developed to obtain information regarding the functioning of each program. Policies Selected by the City due to their pertinence to the subject matter were reviewed. Extensive interaction between Jensen Hughes staff and the City of Pico Rivera occurred.
Data collected was evaluated by Jensen Hughes and action items were organized into the categories for self-evaluation provided by the United States Department of Justice in their ADA Title II Technical Assistance Manual II-8.2000. Action items were organized into an Implementation Plan for City use. The Implementation Plan provides the City an opportunity to assign tasks to individuals and departments responsible and to track progress. The documents and Plan can also be updated as needed to update the ADA Self-Evaluation as new regulations and programs, or as new case law develops. All data is contained below within this report.
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7.2 SCOPE OF THE PROJECT ORGANIZATION AND SURVEY PLAN
Meetings between Jensen Hughes and City management took place to define the scope of the project and identify City programs, services and activities. The list of surveys below was agreed-upon as comprising the City services. Surveys were created by Jensen Hughes addressing a variety of issues within each area listed. The data developed from the surveys became a basis for the findings and recommendations in the ADA Self-Evaluation Implementation Plan found in this report. The meetings also served as a data gathering opportunity as Jensen Hughes was able to learn a great deal about the City’s operations while interacting with management.
7.3 STAFF SURVEY CATEGORIES
Administrative Services
ADA Coordinator
Communication
Emergency Management
Facilities and Leased Space
Human Resources
Law Enforcement
Meetings and Events
Purchasing and Contracts
Transportation
8.0 Findings and Recommendations
These following findings and recommendations were conducted during the process of the Self-Evaluation and were deemed outstanding at the original time of the evaluation in 2019.
Note that since 2019, the City of Pico Rivera has made significant progress in developing and addressing the original findings stated below and may no longer be applicable.
8.1 ADMINISTRATIVE REQUIREMENTS
8.1.1 ADA Transition Plan, 28 CFR 35.150 (d)
Findings: The City of Pico Rivera has an Interim ADA Transition Plan for Public Rights-ofWay from the year of 2013. A contract is in place with Jensen Hughes to develop an updated ADA Transition Plan that covers Public Rights-of-Way, City facilities and parks.
Recommendation: It is recommended that the updated ADA Transition Plan be adopted and implemented. The Transition Plan should be revisited and reviewed on a continual basis and be maintained as a living document to reflect changes in resources, scheduling, and tracking of barrier mitigation efforts.
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8.1.2 ADA Self-Evaluation, 28 CFR 35.105
Findings: The City of Pico Rivera does not have a previously completed ADA SelfEvaluation. A contract is in place with Jensen Hughes to create an ADA Self-Evaluation which is contained within this report.
Recommendation: It is recommended that this Self-Evaluation Report be adopted and implemented.
8.1.3 Appointment of ADA Coordinator, 28 CFR 35.107
Findings: At present, the City of Pico Rivera does not have a designated ADA Coordinator.
The City is in the process of defining the position and structuring a system for ADA coordination.
Recommendation: It is recommended that the City move forward with the efforts to designate an ADA Coordinator and provide a system for ongoing training for the appointed staff.
8.1.4 ADA Grievance Procedure, 28CFR 35.107
Findings: The City of Pico Rivera does not currently have an ADA Grievance Procedure in place.
Recommendation: A model ADA Grievance Procedure is provided in Appendix F within this report. It is recommended that this procedure be adopted and orientation to City employees regarding the Grievance Procedure take place and it be used throughout City government.
8.1.5 ADA Notice of Compliance, 28 CFR 35.106
Findings: The City of Pico Rivera does not have a Notice of ADA Compliance.
Recommendation: A model Notice of ADA Compliance is provided within Appendix E of this report. It is recommended that it be adopted and disseminated broadly throughout City government facilities and operations.
8.2 POLICIES AND PRACTICES
8.2.1 Policies and Practices Within the Scope of Review Recommended by the United States Department of Justice
Questions were submitted to the City of Pico Rivera regarding each of the 13 areas noted below. The findings and recommendations are based upon the information provided to Jensen Hughes. The ADA Self-Evaluation Implementation Plan will contain the findings and recommendations, which will come from the City’s response to the survey questions. These questions were based upon the 13 areas below, which come from the US Department of ADA Tittle II Technical Assistance Manual II-82000.
Thirteen (13) areas of review recommended by the United States Department of Justice:
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1. The ADA Transition Plan (Please see entry above under Administrative Requirements).
2. Policies that may exclude or limited participation of qualified persons with disabilities; 28 CFR 35.130
3. Communications; 28 CFR 35.160
4. Auxiliary aids and services; 28 CFR 35.160
5. Emergency management for persons with disabilities; 28 CFR 35.130
6. Disability awareness, etiquette, and understanding of the requirements the City of Pico Rivera is held to by City staff having public contact; 28 CFR 35.130
7. Access to programs, services and activities provided within a bona fide historic site; 28 CFR 35.150
8. Procedure for evaluating a City policy modification request and determining fundamental alteration of programs, services or activities; 28 CFR 35.130
9. Access to public meetings and events; 28 CFR 35.130
10. Human resources and disability civil rights; 28 CFR 140 and California Government Code 12926
11. Procedures to ensure access code compliance within new construction; 28 CFR 35.151
12. Guidance and training needs for City staff; 28 CFR 35.130
13. Anti-discrimination policies relative to former drug users who are clean and have been through rehabilitation; 28 CFR 35.131
City staff were asked questions related to the topics above. Each department within the City government was involved. Findings and recommendations were created in guidance for the City moving forward. The findings and recommendations of the Self-Evaluation review are listed in the ADA Self-Evaluation Implementation Plan. This plan provides the City a workable format to assign action items to departments or staff for tracking purposes of the City’s ongoing progress.
The requirements of Title II of the ADA are extensive. They hold covered entities such as the City of Pico Rivera to numerous requirements which become ubiquitous within City government. The review revealed that the City has not yet developed policies and procedures to appropriately address these extensive requirements.
To move forward in a positive and productive manner the following is recommended:
1. The City should develop internal work teams to address the items found needing attention by the review;
2. The internal work team should receive training to ensure that their work product is well focused and effectively addresses the required changes they are assigned to implement; (ADA Self-Evaluation Plan 2021) City of Pico Rivera
3. A work plan should be adopted for the purpose of assigning tasks internally and tracking progress of ADA implementation efforts;
4. A system should be designed and implemented to communicate to all City staff the changes that are being created through this process and why City staff are responsible for addressing within the scope of their duties;
5. Training recommendations are also noted in the Implementation Plan and;
6. The City should create and train a Disability Advisory Committee. This Committee would be advisory only for the purpose of ensuring pending issues discovered internally are implemented as required by the ADA.
9.0 Public Outreach and Participation
9.1 METHOD
To encourage public participation and involvement with the City’s ADA Self-Evaluation and Transition Plan development process, two public video teleconference meetings were held on August 26, 2020. To maximize outreach and encourage participation, the City was encouraged to reach out to various local organizations and non-profits groups and also posted the below notices in the City’s Summer 2020 edition of its newsletter: The Pico Rivera (ADA Self-Evaluation Plan 2021) City of Pico Rivera
PROFILE. In addition, notices were provided on the City’s social media pages leading up to the meeting date on the following dates: August 19th, 22nd, and the 25th of 2020. The public outreach notifications and meetings were provided in both English and Spanish, and the public outreach meetings also included interpreters providing translation in both American Sign Language (ASL) and Mexican Sign Language (MSL).
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9.2 RESULTS
9.2.1 Presenting Staff and Support
The public outreach meetings occurred via teleconference call on August 26, 2020 with the English version at 5:00 to 6:00 p.m. and in Spanish from 6:00 to 7:00 p.m.
Presenters and City representatives included the following:
Presenter-English/Spanish: Monica Heredia, Director of Public Works, City of Pico Rivera Presenter-English: Kelly Hang, Senior Accessibility Consultant, Jensen Hughes Presenter-English: Michael Paravagna, Senior Policy Specialist, Jensen Hughes Presenter-Spanish: Isaac Martinez, Senior Consultant, Jensen Hughes Vanessa Ibarra, Deputy City Attorney, City of Pico Rivera Luisa Najera, Senior Analyst / ADA Coordinator, City of Pico Rivera Omid Vaziri, Senior Engineer, City of Pico Rivera
Jasper Kirsch, Senior Accessibility Consultant, Jensen Hughes ASL Interpreter: American Language Services (Crystal)
ASL Interpreter (Spanish): American Language Services (Bradley Knoell)
9.2.2 Attendee Participation
Number of public attendees: 4
Attendee (English): F. Sanchez
Caller had concerns regarding hazardous conditions his father has experienced due to nonexistent sidewalk, flooding, and vehicular speeding around the location of Bequette Ave & Bermudez St.
City Response: City will investigate concerns in this area along with reviewing the nearly completed Water, Sewer, and Storm Drain Master Plan and will follow up with Mr. Sanchez.
Attendee (English): F. Sanchez
Concern regarding a water leak around the location of Bequette Ave & Bermudez St. The City Services emergency phone number went to a 800 number for a doctor’s office and had to call the police department.
City Response: City will investigate this issue and correct.
Attendee (Spanish): Diego
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Concern regarding small size of bus stop benches?
City Response: City is required to comply with certain requirements relating to accessibility requirements and will investigate the described issues.
Attendee (Spanish): Diego
Question relating to not being able to see the presentation since he called in using his phone.
City Response: The presentation will be available to share with the public on the City website.
Note: Request for information may require the document and plan to be readily available in accessible format(s) (i.e. 12-point font size). Jensen Hughes suggests that options are provided to requestors within a reasonable timeframe.
10.0 Instructions for Updating the Self-Evaluation Report It is not possible to accurately predict program changes within the City, the development of ADA case law, or the content of revised regulations, which are yet unpublished. Despite this, the City has an ongoing responsibility to remain compliant with disability civil rights mandates.
To facilitate this process this Self-Evaluation report is designed to accommodate revisions as conditions change. Thus, the City of Pico Rivera, can make changes as needed and maintain a current Self-Evaluation. This document can serve as a tool to ensure compliance, evidence of the City’s good faith effort, and a historic document to record the actions taken by the City of Pico Rivera to appropriately serve the growing population of persons with disabilities living in the community.
To make the necessary amendments as changes occur, the ADA coordinator can merely place an addendum in the narrative under the impacted 13 areas enumerated above and can also be made to the Self-Evaluation Implementation Plan within the associated spreadsheet.
From that point, action to implement changes can be structured, documented, and tracked.
11.0 ADA Self-Evaluation Implementation Plan
Associated with this report is a spreadsheet which contains the ADA self-evaluation implementation plan. This plan is intended to be used to track the various action items that have been identified within the self-evaluation process. Action items from the administrative requirements and the 13 program areas discussed above are incorporated in the spreadsheet. The ADA Coordinator can use this document to assign departments or individuals the task of implementing the action items, establish due dates, review progress, and make notes about the status of the work being addressed. Should the need arise, this document can demonstrate the good faith effort being made by the City to address disability civil rights issues.
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It’s very important to note that each time an entry to the spreadsheet is made, the “as of date” must be updated. This will serve as a reflection of current status and ongoing effort.
Submitted by,
JENSEN HUGHES
Prepared by: Reviewed by:
Kelly Hang, CASp, ICC, Assoc. AIA Jasper S. Kirsch, CASp, ICC, Assoc. AIA Senior Accessibility Consultant Senior Accessibility Consultant Michael Paravagna
Senior Policy Specialist
KHA/JKI:ts
1KHA00005_City of Pico Rivera\Self-Evaluation Plan\SE Report\City of Pico Rivera_ADA Self-Evaluation Plan 2021_November 2021
(ADA Self-Evaluation Plan 2021) City of Pico Rivera
Appendices
Table of Contents
REVISED FINAL TITLE II REGULATION WITH INTEGRATED TEXT .........A-1 CALIFORNIA GOVERNMENT CODE 12926................................................B-1 CALIFORNIA GOVERNMENT CODE 11135................................................C-1 CALIFORNIA GOVERNMENT CODE 4450 .................................................D-1 CITY OF PICO RIVERA NOTICE OF ADA COMPLIANCE...........................E-1 ADA GRIEVANCE PROCEDURE FOR THE CITY OF PICO RIVERA .........F-1
ROSTER OF CITY OF PICO RIVERA STAFF WHO CONTRIBUTED TO
THE REPORT............................................................................................................... G-1 RESOURCES ...............................................................................................H-1 IMPLEMENTATION PLAN .............................................................................. I-1 SELF-EVALUATION QUESTIONNAIRES..................................................... J-2 (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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Revised Final Title II Regulation with Integrated Text
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NOTE: These provisions update the relevant portions of the title II regulation to incorporate changes made to the regulatory text through October 11, 2016. These modifications stem from the Pool Extension Final Rule (77 FR 30174, published May 21, 2012) and the ADA Amendments Act Final Rule (81 FR 53202, published Aug. 11, 2016).
All section headings and changes are noted in bold.
Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (as amended by the final rule published on August 11, 2016) Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.
11.1 Subpart A—General
11.1.1 § 35.101 Purpose and broad coverage.
(a) Purpose. The purpose of this part is to implement subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S. C. 12131–12134), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Public Law 110–325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities. (b) Broad coverage. The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA. Consistent with the ADA Amendments Act’s purpose of reinstating a broad scope of protection under the ADA, the definition of “disability” in this part shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA. The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of disability. The question of whether an individual meets the definition of disability under this part should not demand extensive analysis.
11.1.1 § 35.102 Application.
• (a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities. • (b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements of this part.
§ 35.103 Relationship to other laws.
• (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 or the regulations issued by Federal agencies pursuant to that title.
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• (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.
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§ 35.104 Definitions.
For purposes of this part, the term—
1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 CFR part
36. 2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).
2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in § 35.151.
Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611).
Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.
Auxiliary aids and services includes—
• (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
• (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; • (3) Acquisition or modification of equipment or devices; and • (4) Other similar services and actions.
Complete complaint means a written statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.
Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem.
Designated agency means the Federal agency designated under subpart G of this part to oversee compliance activities under this part for particular components of State and local governments.
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided in § 35.139.
Disability. The definition of disability can be found at § 35.108.
Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.
Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose.
Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law.
Housing at a place of education means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.
Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
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Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use.
Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines––whether or not designed primarily for use by individuals with mobility disabilities––that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).
Public entity means—
• (1) Any State or local government;
• (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
• (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cuedlanguage transliterators.
Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.
Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended.
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, widebandwidth video connection that delivers high-quality video images as provided in §
35.160(d).
Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207 (c)(2). § 35.105 Self-evaluation.
• (a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.
• (b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. • (c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:
o (1) A list of the interested persons consulted;
o (2) A description of areas examined and any problems identified; and o (3) A description of any modifications made.
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requirements of this section shall apply only to those policies and practices that were not included in the previous self- evaluation.
§ 35.106 Notice
A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. § 35.107 Designation of responsible employee and adoption of grievance procedures • (a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.
• (b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part. § 35.108 Definition of disability
(a)
(1) Disability means, with respect to an individual:
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(ii) A record of such an impairment; or
(iii) Being regarded as having such an impairment as described in paragraph (f) of this section.
(2) Rules of construction.
(i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. (ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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prong in paragraph (a)(1)(i) of this section, the “record of” prong in paragraph (a)(1)(ii) of this section, or the “regarded as” prong in paragraph (a)(1)(iii) of this section. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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(iii) Where an individual is not challenging a public entity’s failure to provide reasonable modifications under § 35.130(b)(7), it is generally unnecessary to proceed under the “actual disability” or “record of” prongs, which require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. In these cases, the evaluation of coverage can be made solely under the “regarded as” prong of the definition of disability, which does not require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. An individual may choose, however, to proceed under the “actual disability” or “record of” prong regardless of whether the individual is challenging a public entity’s failure to provide reasonable modifications. (b)
(1) Physical or mental impairment means:
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or (ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. (2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(3) Physical or mental impairment does not include homosexuality or bisexuality. (c)
(1) Major life activities include, but are not limited to:
(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and
(ii) The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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systems. The operation of a major bodily function includes the operation of an individual organ within a body system.
(2) Rules of construction.
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard. (ii) Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.
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(d) Substantially limits.
(1) Rules of construction. The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity. (i) The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.
(ii) The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred, not the extent to which an individual’s impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis. (iii) An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment. (iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
(v) An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability within the meaning of this section.
(vi) The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for substantially limits applied prior to the ADA Amendments Act.
(vii) The comparison of an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. Nothing in this paragraph (d)(1) is intended, however, to prohibit or limit the presentation of scientific, medical, or statistical evidence in making such a comparison where appropriate. (viii) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. Ordinary eyeglasses or contact lenses are lenses that are intended to fully correct visual acuity or to eliminate refractive error. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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(ix) The six-month “transitory” part of the “transitory and minor” exception in paragraph (f)(2) of this section does not apply to the “actual disability” or “record of” prongs of the definition of “disability.” The effects of an impairment lasting or expected to last less than six months can be substantially limiting within the meaning of this section for establishing an actual disability or a record of a disability. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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(2) Predictable assessments.
(i) The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA’s prohibition on discrimination through a framework that is predictable, consistent, and workable for all individuals and entities with rights and responsibilities under the ADA. (ii) Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph (a)(1)(i) of this section (the “actual disability” prong) or paragraph (a)(1)(ii) of this section (the “record of” prong). Given their inherent nature, these types of impairments will, as a factual matter, virtually always be found to impose a substantial limitation on a major life activity. Therefore, with respect to these types of impairments, the necessary individualized assessment should be particularly simple and straightforward.
(iii) For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (d)(2)(iii)(A) through (K) of this section will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).
(A) Deafness substantially limits hearing;
(B) Blindness substantially limits seeing;
(C) Intellectual disability substantially limits brain function; (D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function; (E) Autism substantially limits brain function;
(F) Cancer substantially limits normal cell growth;
(G) Cerebral palsy substantially limits brain function; (H) Diabetes substantially limits endocrine function;
(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;
(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and
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(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.
(3) Condition, manner, or duration.
(i) At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.
(ii) Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function. In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual’s impairment substantially limits a major life activity. (iii) In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population. (iv) Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration. This is particularly true with respect to impairments such as those described in paragraph (d)(2)(iii) of this section, which by their inherent nature should be easily found to impose a substantial limitation on a major life activity, and for which the individualized assessment should be particularly simple and straightforward.
(4) Mitigating measures include, but are not limited to:
(i) Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;
(ii) Use of assistive technology;
(iii) Reasonable modifications or auxiliary aids or services as defined in this regulation; (iv) Learned behavioral or adaptive neurological modifications; or (v) Psychotherapy, behavioral therapy, or physical therapy. (e) Has a record of such an impairment.
(1) An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (2) Broad construction. Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1) of this section apply. (3) Reasonable modification. An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability.
(f) Is regarded as having such an impairment. The following principles apply under the “regarded” as prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):
(1) Except as set forth in paragraph (f)(2) of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public entity asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA. (2) An individual is not “regarded as having such an impairment” if the public entity demonstrates that the impairment is, objectively, both “transitory” and “minor.” A public entity may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public entity must demonstrate that the (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both “transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.
(3) Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA, 42 U.S.C. 12131– 12134.
(g) Exclusions. The term “disability” does not include— (1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) Compulsive gambling, kleptomania, or pyromania; or
(3) Psychoactive substance use disorders resulting from current illegal use of drugs.
§§ 35.109—35.129 [Reserved]
Subpart B—General Requirements
§ 35.130 General prohibitions against discrimination
• (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
• (b)
o (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—
▪ (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;
▪ (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;
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equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
▪ (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;
▪ (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant
assistance to an agency, organization, or person that
discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity's program;
▪ (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or
advisory boards;
▪ (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving the aid, benefit, or service.
o (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.
o (3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration— ▪ (i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; ▪ (ii) That have the purpose or effect of defeating or
substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities; or
▪ (iii) That perpetuate the discrimination of another public entity if both public entities are subject to common
administrative control or are agencies of the same State. o (4) A public entity may not, in determining the site or location of a facility, make selections—
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▪ (i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or
▪ (ii) That have the purpose or effect of defeating or
substantially impairing the accomplishment of the
objectives of the service, program, or activity with respect to individuals with disabilities.
o (5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability.
o (6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part.
o (7)
▪ (i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of
disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the
nature of the service, program, or activity.
▪ (ii) A public entity is not required to provide a
reasonable modification to an individual who meets the
definition of “disability” solely under the “regarded as” prong of the definition of disability at § 35.108(a)(1)(iii). o (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.
• (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part.
• (d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. • (e)
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o (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept.
o (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual. • (f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.
• (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
• (h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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• (i) Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable modification that was denied to an individual without a disability.
§ 35.131 Illegal use of drugs
• (a) General.
o (1) Except as provided in paragraph (b) of this section, this part does not prohibit discrimination against an individual based on that individual's current illegal use of drugs.
o (2) A public entity shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who—
▪ (i) Has successfully completed a supervised drug
rehabilitation program or has otherwise been rehabilitated successfully;
▪ (ii) Is participating in a supervised rehabilitation program; or ▪ (iii) Is erroneously regarded as engaging in such use. • (b) Health and drug rehabilitation services.
o (1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.
o (2) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.
• (c) Drug testing.
o (1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.
o (2) Nothing in paragraph (c) of this section shall be construed to encourage, prohibit, restrict, or authorize the conduct of testing for the illegal use of drugs.
§ 35.132 Smoking
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This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.
§ 35.133 Maintenance of accessible features
• (a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
• (b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
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• (c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
§ 35.134 Retaliation or coercion
• (a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part. • (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.
§ 35.135 Personal devices and services
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing. § 35.136 Service animals
• (a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. • (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—
o (1) The animal is out of control and the animal's handler does not take effective action to control it; or
o (2) The animal is not housebroken.
• (c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
• (d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
• (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.
• (f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
• (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. • (h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
• (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
o (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—
▪ (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
▪ (ii) Whether the handler has sufficient control of the miniature horse;
▪ (iii) Whether the miniature horse is housebroken; and (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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▪ (iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
o (3) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.
§ 35.137 Mobility devices.
• (a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manuallypowered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use.
• (b)
o (1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h).
o (2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider—
▪ (i) The type, size, weight, dimensions, and speed of the device;
▪ (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); ▪ (iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
▪ (iv) Whether legitimate safety requirements can be
established to permit the safe operation of the other powerdriven mobility device in the specific facility; and ▪ (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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poses a conflict with Federal land management laws and
regulations.
• (c)
o (1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual's disability. o (2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the other powerdriven mobility device is for the individual's mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A “valid” disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards.
§ 35.138 Ticketing
• (a)
o (1) For the purposes of this section, “accessible seating” is defined as wheelchair spaces and companion seats that comply with sections 221 and 802 of the 2010 Standards along with any other seats required to be offered for sale to the individual with a disability pursuant to paragraph (d) of this section.
o (2) Ticket sales. A public entity that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating—
▪ (i) During the same hours;
▪ (ii) During the same stages of ticket sales, including, but not limited to, pre-sales, promotions, lotteries, wait-lists, and general sales;
▪ (iii) Through the same methods of distribution;
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▪ (iv) In the same types and numbers of ticketing sales outlets, including telephone service, in-person ticket sales at the facility, or third-party ticketing services, as other patrons; and
▪ (v) Under the same terms and conditions as other tickets sold for the same event or series of events.
• (b) Identification of available accessible seating. A public entity that sells or distributes tickets for a single event or series of events shall, upon inquiry— o (1) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all unsold or otherwise available accessible seating for any ticketed event or events at the facility;
o (2) Identify and describe the features of available accessible seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs; and
o (3) Provide materials, such as seating maps, plans, brochures, pricing charts, or other information, that identify accessible seating and information relevant thereto with the same text or visual representations as other seats, if such materials are provided to the general public.
• (c) Ticket prices. The price of tickets for accessible seating for a single event or series of events shall not be set higher than the price for other tickets in the same seating section for the same event or series of events. Tickets for accessible seating must be made available at all price levels for every event or series of events. If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location.
• (d) Purchasing multiple tickets.
o (1) General. For each ticket for a wheelchair space purchased by an individual with a disability or a third-party purchasing such a ticket at his or her request, a public entity shall make available for purchase three additional tickets for seats in the same row that are contiguous with the wheelchair space, provided that at the time of purchase there are three such seats available. A public entity is not required to provide more than three contiguous seats for each wheelchair space. Such seats may include wheelchair spaces.
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o (2) Insufficient additional contiguous seats available. If patrons are allowed to purchase at least four tickets, and there are fewer than three such additional contiguous seat tickets available for purchase, a public entity shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats.
o (3) Sales limited to less than four tickets. If a public entity limits sales of tickets to fewer than four seats per patron, then the public entity is only obligated to offer as many seats to patrons with disabilities, including the ticket for the wheelchair space, as it would offer to patrons without disabilities.
o (4) Maximum number of tickets patrons may purchase exceeds four. If patrons are allowed to purchase more than four tickets, a public entity shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket for the wheelchair space. o (5) Group sales. If a group includes one or more individuals who need to use accessible seating because of a mobility disability or because their disability requires the use of the accessible features that are provided in accessible seating, the group shall be placed in a seating area with accessible seating so that, if possible, the group can sit together. If it is necessary to divide the group, it should be divided so that the individuals in the group who use wheelchairs are not isolated from their group.
• (e) Hold-and-release of tickets for accessible seating. o (1) Tickets for accessible seating may be released for sale in certain limited circumstances. A public entity may release unsold tickets for accessible seating for sale to individuals without disabilities for their own use for a single event or series of events only under the following circumstances—
▪ (i) When all non-accessible tickets (excluding luxury boxes, club boxes, or suites) have been sold;
▪ (ii) When all non-accessible tickets in a designated seating area have been sold and the tickets for accessible seating are being released in the same designated area; or
▪ (iii) When all non-accessible tickets in a designated price category have been sold and the tickets for accessible
seating are being released within the same designated
price category.
o (2) No requirement to release accessible tickets. Nothing in this paragraph requires a facility to release tickets for accessible seating to individuals without disabilities for their own use.
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o (3) Release of series-of-events tickets on a series-of-events basis. ▪ (i) Series-of-events tickets sell-out when no ownership rights are attached. When series-of-events tickets are sold out and a public entity releases and sells accessible
seating to individuals without disabilities for a series of events, the public entity shall establish a process that prevents the automatic reassignment of the accessible
seating to such ticket holders for future seasons, future years, or future series so that individuals with disabilities who require the features of accessible seating and who
become newly eligible to purchase tickets when these
series-of-events tickets are available for purchase have an opportunity to do so.
▪ (ii) Series-of-events tickets when ownership rights are attached. When series-of-events tickets with an ownership right in accessible seating areas are forfeited or otherwise returned to a public entity, the public entity shall make reasonable modifications in its policies, practices, or procedures to afford individuals with mobility disabilities or individuals with disabilities that require the features of accessible seating an opportunity to purchase such tickets in accessible seating areas.
• (f) Ticket transfer. Individuals with disabilities who hold tickets for accessible seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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• (g) Secondary ticket market.
o (1) A public entity shall modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions as other individuals who hold a ticket acquired in the secondary ticket market for the same event or series of events.
o (2) If an individual with a disability acquires a ticket or series of tickets to an inaccessible seat through the secondary market, a public entity shall make reasonable modifications to its policies, practices, or procedures to allow the individual to exchange his ticket for one to an accessible seat in a comparable location if accessible seating is vacant at the time the individual presents the ticket to the public entity. • (h) Prevention of fraud in purchase of tickets for accessible seating. A public entity may not require proof of disability, including, for example, a doctor's note, before selling tickets for accessible seating.
o (1) Single-event tickets. For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires the use of the accessible features that are provided in accessible seating, or is purchasing the tickets for an individual who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating.
o (2) Series-of-events tickets. For series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating. o (3) Investigation of fraud. A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently.
§ 35.139 Direct threat.
• (a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others. • (b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
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Subpart C—Employment
§ 35.140 Employment discrimination prohibited
• (a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.
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• (b)
o (1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of title I.
o (2) For the purposes of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of title I.
§§ 35.141—35.148 [Reserved]
Subpart D—Program Accessibility
§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. § 35.150 Existing facilities
• (a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not— o (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; o (2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or o (3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with §35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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• (b) Methods.
o (1) General. A public entity may comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of § 35.151. In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. o (2)
▪ (i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping
specifications for those elements in either the 1991
Standards or in the Uniform Federal Accessibility
Standards (UFAS), Appendix A to 41 CFR part 101–19.6
(July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.
▪ (ii) The safe harbor provided in § 35.150(b)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which
there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not
eligible for the element-by-element safe harbor are
identified as follows––
▪ (A) Residential facilities dwelling units, sections
233 and 809.
▪ (B) Amusement rides, sections 234 and 1002;
206.2.9; 216.12.
▪ (C) Recreational boating facilities, sections 235
and 1003; 206.2.10.
▪ (D) Exercise machines and equipment, sections
236 and 1004; 206.2.13.
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▪ (E) Fishing piers and platforms, sections 237
and 1005; 206.2.14.
▪ (F) Golf facilities, sections 238 and 1006;
206.2.15.
▪ (G) Miniature golf facilities, sections 239 and
1007; 206.2.16.
▪ (H) Play areas, sections 240 and 1008;
206.2.17.
▪ (I) Saunas and steam rooms, sections 241 and
612.
▪ (J) Swimming pools, wading pools, and
spas, sections 242 and 1009.
▪ (K) Shooting facilities with firing
positions, sections 243 and 1010.
▪ (L) Miscellaneous.
▪ (1) Team or player seating, section
221.2.1.4.
▪ (2) Accessible route to bowling
lanes, section. 206.2.11.
▪ (3) Accessible route in court sports
facilities, section 206.2.12.
o (3) Historic preservation programs. In meeting the requirements of §
35.150(a) in historic preservation programs, a public entity shall give priority to methods that provide physical access to individuals with disabilities. In cases where a physical alteration to an historic property is not required because of paragraph (a)(2) or (a)(3) of this section, alternative methods of achieving program accessibility include— ▪ (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible;
▪ (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or
▪ (iii) Adopting other innovative methods.
o (4) Swimming pools, wading pools, and spas. The requirements set forth in sections 242 and 1009 of the 2010 Standards shall not apply until January 31, 2013, if a public entity chooses to make structural changes to existing swimming pools, wading pools, or spas built before (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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March 15, 2012, for the sole purpose of complying with the program accessibility requirements set forth in this section.
o
• (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible.
• (d) Transition plan.
o (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity 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. o (2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.
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o (3) The plan shall, at a minimum—
▪ (i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;
▪ (ii) Describe in detail the methods that will be used to make the facilities accessible;
▪ (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
▪ (iv) Indicate the official responsible for implementation of the plan.
o (4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan.
§ 35.151 New construction and alterations
• (a) Design and construction.
o (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.
o (2) Exception for structural impracticability.
▪ (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique
characteristics of terrain prevent the incorporation of accessibility features.
▪ (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not
structurally impracticable.
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▪ (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in
accordance with this section.
• (b) Alterations.
o (1) Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. o (2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150.
o (3)
▪ (i) Alterations to historic properties shall comply, to the maximum extent feasible, with the provisions applicable to historic properties in the design standards specified in §
35.151(c).
▪ (ii) If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided pursuant to the requirements of § 35.150.
o (4) Path of travel. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. ▪ (i) Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference
center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.
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▪ (A) Mechanical rooms, boiler rooms, supply
storage rooms, employee lounges or locker
rooms, janitorial closets, entrances, and
corridors are not areas containing a primary
function. Restrooms are not areas containing a
primary function unless the provision of
restrooms is a primary purpose of the area, e.g.,
in highway rest stops.
▪ (B) For the purposes of this section, alterations
to windows, hardware, controls, electrical
outlets, and signage shall not be deemed to be
alterations that affect the usability of or access
to an area containing a primary function.
▪ (ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which
connects the altered area with an exterior approach
(including sidewalks, streets, and parking areas), an
entrance to the facility, and other parts of the facility. ▪ (A) An accessible path of travel may consist of
walks and sidewalks, curb ramps and other
interior or exterior pedestrian ramps; clear floor
paths through lobbies, corridors, rooms, and
other improved areas; parking access aisles;
elevators and lifts; or a combination of these
elements.
▪ (B) For the purposes of this section, the term
“path of travel” also includes the restrooms,
telephones, and drinking fountains serving the
altered area.
▪ (C) Safe harbor. If a public entity has
constructed or altered required elements of a
path of travel in accordance with the
specifications in either the 1991 Standards or
the Uniform Federal Accessibility Standards
before March 15, 2012, the public entity is not
required to retrofit such elements to reflect
incremental changes in the 2010 Standards
solely because of an alteration to a primary
function area served by that path of travel.
▪ (iii) Disproportionality.
▪ (A) Alterations made to provide an accessible
path of travel to the altered area will be deemed
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disproportionate to the overall alteration when
the cost exceeds 20 % of the cost of the
alteration to the primary function area.
▪ (B) Costs that may be counted as expenditures
required to provide an accessible path of travel
may include:
▪ (1) Costs associated with providing
an accessible entrance and an
accessible route to the altered area,
for example, the cost of widening
doorways or installing ramps;
▪ (2) Costs associated with making
restrooms accessible, such as
installing grab bars, enlarging toilet
stalls, insulating pipes, or installing
accessible faucet controls;
▪ (3) Costs associated with providing
accessible telephones, such as
relocating the telephone to an
accessible height, installing
amplification devices, or installing a
text telephone (TTY); and
▪ (4) Costs associated with relocating
an inaccessible drinking fountain.
▪ (iv) Duty to provide accessible features in the event of disproportionality.
▪ (A) When the cost of alterations necessary to
make the path of travel to the altered area fully
accessible is disproportionate to the cost of the
overall alteration, the path of travel shall be
made accessible to the extent that it can be
made accessible without incurring
disproportionate costs.
▪ (B) In choosing which accessible elements to
provide, priority should be given to those
elements that will provide the greatest access,
in the following order—
▪ (1) An accessible entrance;
▪ (2) An accessible route to the altered
area;
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▪ (3) At least one accessible restroom
for each sex or a single unisex
restroom;
▪ (4) Accessible telephones;
▪ (5) Accessible drinking fountains;
and
▪ (6) When possible, additional
accessible elements such as
parking, storage, and alarms.
▪ (v) Series of smaller alterations.
▪ (A) The obligation to provide an accessible path
of travel may not be evaded by performing a
series of small alterations to the area served by
a single path of travel if those alterations could
have been performed as a single undertaking.
▪ (B)
▪ (1) If an area containing a primary
function has been altered without
providing an accessible path of
travel to that area, and subsequent
alterations of that area, or a different
area on the same path of travel, are
undertaken within three years of the
original alteration, the total cost of
alterations to the primary function
areas on that path of travel during
the preceding three-year period shall
be considered in determining
whether the cost of making that path
of travel accessible is
disproportionate.
▪ (2) Only alterations undertaken on or
after March 15, 2011, shall be
considered in determining if the cost
of providing an accessible path of
travel is disproportionate to the
overall cost of the alterations.
• (c) Accessibility standards and compliance date.
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the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
o (2) If physical construction or alterations commence on or after September 15, 2010, and before March 15, 2012, then new construction and alterations subject to this section may comply with one of the following: the 2010 Standards, UFAS, or the 1991 Standards except that the elevator exemption contained at section
4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply.
Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
o (3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards.
o (4) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation do not commence physical construction or alterations.
o (5) Noncomplying new construction and alterations.
▪ (i) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards or with UFAS shall before March 15,
2012, be made accessible in accordance with either the
1991 Standards, UFAS, or the 2010 Standards.
▪ (ii) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards or with UFAS shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.
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Appendix to § 35.151(c)
Compliance Date for New Construction or
Alterations Applicable Standards
Before September 15, 2010 1991 Standards or UFAS
On or after September 15, 2010, and before March
15, 2012
1991 Standards, UFAS, or 2010
Standards
On or after March 15, 2012 2010 Standards
• (d) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
• (e) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.
o (1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.
o (2) Facilities with more than 50 beds covered by this section that provide common use bathing facilities, shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.
• (f) Housing at a place of education. Housing at a place of education that is subject to this section shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 subject to the following exceptions.
For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.
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o (1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.
o (2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards. o (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.
• (g) Assembly areas. Assembly areas subject to this section shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that— o (1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route;
o (2) Assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and have seating encircling, in whole or in part, a field of play or performance area shall disperse wheelchair spaces and companion seats around that field of play or performance area; o (3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats; o (4) Stadium-style movie theaters shall locate wheelchair spaces and companion seats on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria—
▪ (i) It is located within the rear 60% of the seats provided in an auditorium; or
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▪ (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the
screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).
• (h) Medical care facilities. Medical care facilities that are subject to this section shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty.
• (i) Curb ramps.
o (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. o (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.
• (j) Facilities with residential dwelling units for sale to individual owners. o (1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.
o (2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.
• (k) Detention and correctional facilities.
o (1) New construction of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level. o (2) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities shall (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell— ▪ (i) Is located within the same prison site;
▪ (ii) Is integrated with other cells to the maximum extent feasible;
▪ (iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and
participation in other programs that the facility offers to inmates or detainees; and,
▪ (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be
provided at another prison site within the corrections
system.
o (3) With respect to medical and long-term care facilities in jails, prisons, and other detention and correctional facilities, public entities shall apply the 2010 Standards technical and scoping requirements for those facilities irrespective of whether those facilities are licensed. § 35.152 Jails, detention and correctional facilities, and community correctional facilities.
• (a) General. This section applies to public entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional facilities, either directly or through contractual, licensing, or other arrangements with public or private entities, in whole or in part, including private correctional facilities. • (b) Discrimination prohibited.
o (1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. o (2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, a public entity–
▪ (i) Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;
▪ (ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;
▪ (iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the
facilities where they would otherwise be housed; and
▪ (iv) Shall not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed.
o (3) Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing.
§§ 35.153—35.159 [Reserved]
Subpart E—Communications
§ 35.160 General.
• (a)
o (1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.
o (2) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.
• (b)
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o (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.
o (2) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. • (c)
o (1) A public entity shall not require an individual with a disability to bring another individual to interpret for him or her.
o (2) A public entity shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication except— ▪ (i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or
▪ (ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such
assistance is appropriate under the circumstances.
o (3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.
• (d) Video remote interpreting (VRI) services. A public entity that chooses to provide qualified interpreters via VRI services shall ensure that it provides— o (1) Real-time, full-motion video and audio over a dedicated highspeed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; o (2) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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individual's face, arms, hands, and fingers, regardless of his or her body position;
o (3) A clear, audible transmission of voices; and
o (4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.
§ 35.161 Telecommunications.
• (a) Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.
• (b) When a public entity uses an automated-attendant system, including, but not limited to, voice mail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems.
• (c) A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.
§ 35.162 Telephone emergency services
Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD's and computer modems.
§ 35.163 Information and signage
• (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
• (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility. § 35.164 Duties
This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens.
The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. §§ 35.165—35.169 [Reserved]
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Subpart F—Compliance Procedures
§ 35.170 Complaints
• (a) Who may file. An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part.
• (b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency. • (c) Where to file. An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral as provided in §35.171(a)(2).
§ 35.171 Acceptance of complaints
• (a) Receipt of complaints.
o (1)
▪ (i) Any Federal agency that receives a complaint of
discrimination on the basis of disability by a public entity shall promptly review the complaint to determine whether it has jurisdiction over the complaint under section 504.
▪ (ii) If the agency does not have section 504 jurisdiction, it shall promptly determine whether it is the designated
agency under subpart G of this part responsible for
complaints filed against that public entity.
o (2)
▪ (i) If an agency other than the Department of Justice determines that it does not have section 504 jurisdiction and is not the designated agency, it shall promptly refer the complaint to the appropriate designated agency, the
agency that has section 504 jurisdiction, or the Department of Justice, and so notify the complainant.
▪ (ii) When the Department of Justice receives a complaint for which it does not have jurisdiction under section 504 and is not the designated agency, it may exercise
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to the appropriate agency designated in subpart G of this part or, in the case of an employment complaint that is also subject to title I of the Act, to the Equal Employment
Opportunity Commission.
o (3)
▪ (i) If the agency that receives a complaint has section 504 jurisdiction, it shall process the complaint according to its procedures for enforcing section 504.
▪ (ii) If the agency that receives a complaint does not have section 504 jurisdiction, but is the designated agency, it shall process the complaint according to the procedures established by this subpart.
• (b) Employment complaints.
o (1) If a complaint alleges employment discrimination subject to title I of the Act, and the agency has section 504 jurisdiction, the agency shall follow the procedures issued by the Department of Justice and the Equal Employment Opportunity Commission under section 107(b) of the Act.
o (2) If a complaint alleges employment discrimination subject to title I of the Act, and the designated agency does not have section 504 jurisdiction, the agency shall refer the complaint to the Equal Employment Opportunity Commission for processing under title I of the Act.
o (3) Complaints alleging employment discrimination subject to this part, but not to title I of the Act shall be processed in accordance with the procedures established by this subpart.
• (c) Complete complaints.
o (1) A designated agency shall accept all complete complaints under this section and shall promptly notify the complainant and the public entity of the receipt and acceptance of the complaint.
o (2) If the designated agency receives a complaint that is not complete, it shall notify the complainant and specify the additional information that is needed to make the complaint a complete complaint. If the complainant fails to complete the complaint, the designated agency shall close the complaint without prejudice.
§ 35.172 Investigations and compliance reviews.
• (a) The designated agency shall investigate complaints for which it is responsible under § 35.171.
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• (b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part.
• (c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include—
o (1) Findings of fact and conclusions of law;
o (2) A description of a remedy for each violation found (including compensatory damages where appropriate); and
o (3) Notice of the rights and procedures available under paragraph (d) of this section and §§ 35.173 and 35.174.
• (d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, 42 U.S.C. 12133, whether or not the designated agency finds a violation. § 35.173 Voluntary compliance agreements
• (a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall—
o (1) Notify the Assistant Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and o (2) Initiate negotiations with the public entity to secure compliance by voluntary means.
• (b) Where the designated agency is able to secure voluntary compliance, the voluntary compliance agreement shall—
o (1) Be in writing and signed by the parties;
o (2) Address each cited violation;
o (3) Specify the corrective or remedial action to be taken, within a stated period of time, to come into compliance;
o (4) Provide assurance that discrimination will not recur; and o (5) Provide for enforcement by the Attorney General.
§ 35.174 Referral.
If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action.
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§ 35.175 Attorney's fees.
In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. § 35.176 Alternative means of dispute resolution.
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part.
§ 35.177 Effect of unavailability of technical assistance.
A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act. § 35.178 State immunity.
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
§§ 35.179—35.189 [Reserved]
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Subpart G—Designated Agencies
§ 35.190 Designated Agencies.
• (a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect to State and local government components, and shall provide policy guidance and interpretations to designated agencies to ensure the consistent and effective implementation of the requirements of this part. • (b) The Federal agencies listed in paragraph (b)(1)-(8) of this section shall have responsibility for the implementation of subpart F of this part for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas. o (1) Department of Agriculture: All programs, services, and regulatory activities relating to farming and the raising of livestock, including extension services.
o (2) Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries. o (3) Department of Health and Human Services: All programs, services, and regulatory activities relating to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health-related schools, the operation of health care and social service providers and institutions, including "grass-roots" and community services organizations and programs, and preschool and daycare programs.
o (4) Department of Housing and Urban Development: All programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral.
o (5) Department of Interior: All programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums. o (6) Department of Justice: All programs, services, and regulatory activities relating to law enforcement, public safety, and the administration of justice, including courts and correctional institutions; commerce and industry, including general economic development, banking and finance, consumer protection, insurance, and small business; planning, development, and regulation (unless assigned to other designated agencies); state and local government support services (e.g., audit, personnel, comptroller, administrative services); (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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all other government functions not assigned to other designated agencies.
o (7) Department of Labor: All programs, services, and regulatory activities relating to labor and the work force.
o (8) Department of Transportation: All programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non-law enforcement), automobile licensing and inspection, and driver licensing. • (c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section may be assigned to other specific agencies by the Department of Justice.
• (d) If two or more agencies have apparent responsibility over a complaint, the Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint.
• (e) When the Department receives a complaint directed to the Attorney General alleging a violation of this part that may fall within the jurisdiction of a designated agency or another Federal agency that may have jurisdiction under section 504, the Department may exercise its discretion to retain the complaint for investigation under this part.
§§ 35.191—35.999 [Reserved]
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California Government Code 12926
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California Government Code 12926
(i) “Medical condition” means either of the following:
(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following:
(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that person’s offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that person’s offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j) “Mental disability” includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
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(k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status.
(m) “Physical disability” includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section:
(i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
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California Government Code 11135
GOVERNMENT CODE – GOV
1.1.1.1 TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] (Title 2 enacted by Stats. 1943, Ch. 134.)
1.1.1.2 DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986] (Division 3 added by Stats. 1945, Ch. 111.)
1.1.1.3 PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11898] (Part 1 added by Stats. 1945, Ch. 111.)
1.1.1.4 CHAPTER 1. State Agencies [11000 - 11148.5]
(Chapter 1 added by Stats. 1945, Ch. 111.)
1.1.1.4.1 ARTICLE 9.5. Discrimination [11135 - 11139.8] (Article 9.5 added by Stats. 1977, Ch. 972.)
1.1.1.4.1.1 11135.
(a) No person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b) With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions. (c) The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d) The protected bases used in this section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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(Amended by Stats. 2016, Ch. 870, Sec. 4. (SB 1442) Effective January 1, 2017.)
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California Government Code 4450
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California Government Code 4450
1.1.1.5 GOVERNMENT CODE – GOV
1.1.1.6 TITLE 1. GENERAL [100 - 7914]
(Title 1 enacted by Stats. 1943, Ch. 134.)
1.1.1.7 DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] (Division 5 enacted by Stats. 1943, Ch. 134.)
1.1.1.7.1 CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461]
(Chapter 7 added by Stats. 1968, Ch. 261.)
1.1.1.7.1.1 4450.
(a) It is the purpose of this chapter to ensure that all buildings, structures, sidewalks, curbs, and related facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall be accessible to and usable by persons with disabilities. (b) The State Architect shall develop and submit proposed building standards to the California Building Standards Commission for approval and adoption pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code and shall develop other regulations for making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities. The regulations and building standards relating to access for persons with disabilities shall be consistent with the standards for buildings and structures that are contained in pertinent provisions of the latest edition of the selected model code, as adopted by the California Building Standards Commission, and these regulations and building standards shall contain additional requirements relating to buildings, structures, sidewalks, curbs, and other related facilities the State Architect determines are necessary to assure access and usability for persons with disabilities. In developing and revising these additional requirements, the State Architect shall consult with the Department of Rehabilitation, the League of California Cities, the California State Association of Counties, and at least one private organization representing and comprised of persons with disabilities. (c) In no case shall the State Architect’s regulations and building standards prescribe a lesser standard of accessibility or usability than provided by the Accessibility Guidelines prepared by the federal Access Board as adopted by the United States Department of Justice to implement the Americans with Disabilities Act of 1990 (Public Law 101-336).
(d) On or before December 31, 2010, the Division of the State Architect shall prepare and submit to the United States Department of Justice for certification proposed amendments to Part 2 of Title 24 of the California Code of (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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Regulations that would ensure California’s building standards for disability access in commercial occupancies are consistent with the federal regulations cited in subdivision (c).
(Amended by Stats. 2008, Ch. 549, Sec. 5. Effective January 1, 2009.) (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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City of Pico Rivera Notice of ADA Compliance
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City of Pico Rivera
ADA Notice Dissemination Plan
Title II of the ADA, 28 CFR 35.106 requires that the City of Pico Rivera produce and disseminate a notice of their ADA compliance.
The notice should be written clearly without undue complication. It should discuss what ADA requirements the entity is held to, the name of the ADA Coordinator, and provide current contact information enabling an individual to contact the ADA Coordinator. The notice should cover areas regarding:
Employment;
Effective Communication;
Making reasonable modification to policies and programs; An explanation of the non-surcharge requirement concerning the provision of auxiliary aides and services; and
Information regarding the grievance process.
In considering how to disseminate this document, the City should identify the impacted parties who would have an interest in the notice. The notice dissemination plan should address the frequency of notice dissemination. Methods of dissemination may include:
The City’s website;
Local Newspaper(s);
City Publications;
Posters on City facilities;
Inclusion of notice for special activities;
Within transportation systems provided by the City;
Within Disability Advisory Council meetings and materials; and Other forms in which impacted stakeholders might be present.
Not all of the above notice dissemination methodologies may be necessary to effectively disseminate the notice. It is recommended that the City have a Notice Dissemination Plan that is well thought out to ensure full notice is provided City-wide at appropriate intervals. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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City of Pico Rivera
Notice of Compliance under ADA & California State Law
In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the Americans with Disabilities Amendments Act of 2008, the Fair Employment & Housing Act (FEHA), California Government Code Section 11135 and other applicable codes, the City of Pico Rivera does not discriminate against individuals on the basis of disability in its services, programs or activities.
Employment: The City of Pico Rivera does not discriminate on the basis of disability in its hiring or employment practices and will comply with the Fair Employment and Housing Act, as well as Title I of the ADA, including the regulations promulgated by the U.S. Equal Employment Opportunity Commission (EEOC), including the requirement to provide reasonable accommodations.
Effective Communication: The City of Pico Rivera will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities, including sign language interpreters, documents in Braille, and other alternate formats to ensure information and communication is accessible to people who have speech, hearing, vision, or cognitive impairments so they can participate equally in the programs, services and activities.
Modification to Policies and Procedures: The City of Pico Rivera will make reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to participate in all of its programs, services and activities. For example, individuals with service animals behaving within applicable standards are welcome in offices and City facilities, even when pets are generally prohibited.
Anyone who requires auxiliary aides and services for effective communication, or a modification of policies or procedures to participate in a program, service or activity in the City of Pico Rivera, should communicate with the responsible Department contact as soon as possible, but no later than 48 hours before the scheduled event.
Neither the ADA, nor State law requires the City of Pico Rivera to take action that would fundamentally alter the nature of its programs, activities or services, or impose an undue financial or administrative burden. Complaints that a program, activity or service of the City of Pico Rivera are not accessible should be directed to the ADA Coordinator, Luisa Najera, 6615 Passons Boulevard, Pico Rivera CA 90660, 562-801-4396 (voice), or 711, (California Relay), [email protected]
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The City of Pico Rivera will not place a surcharge on a particular individual with a disability or a group of individuals with disabilities to cover the cost of providing auxiliary aids and services or making a reasonable modification to a policy to create access. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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ADA Grievance Procedure for the City of Pico Rivera
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Grievance Procedure Under ADA or
California State Disability Civil Rights Laws
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”), the Americans with Disabilities Amendments Act (ADAAA) and California State law. It may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the City of Pico Rivera. The City’s Disability Discrimination Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination, such as name, address, phone number of the complainant, and location, date and a description of the problem(s). The City’s Grievance Procedure form is available online at www.pico-rivera.org or at the City of Pico Rivera located at City Hall, 6615 Passons Boulevard, Pico Rivera CA 90660. Alternative means of filing a complaint, such as personal interviews or a tape recording the complaint, are available to persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
Luisa Najera
Citywide ADA Coordinator
6615 Passons Boulevard
Pico Rivera CA 90660
TEL 562-801-4396
[email protected]
California Relay, 711
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will schedule a meeting with the complainant to discuss the complaint and possible resolutions. After an investigation and review, the ADA Coordinator will respond in writing and, where appropriate, in a format accessible to the complainant. The response will explain the City’s position on the issue and offer options for substantive resolution of the complaint.
If the response by ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager.
After receiving the appeal, the City Manager or his/her designee will review the appeal and the ADA Coordinator findings. Within a reasonable period, after a review, the City Manager or his/her designee will respond in writing and, where appropriate in a format that is accessible to the complainant, with a final resolution to the complaint. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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All written complaints received by Luisa Najera or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices, will be retained by the City for at least three years.
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Roster of City of Pico Rivera Staff Who Contributed to the Report (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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City Clerk’s Office
Anna Jerome – City Clerk
Community and Economic Development
Julia Gonzalez – Deputy Director
Finance / Human Resources / Risk Management / Information Technology Luisa Najera - Senior Analyst / Designated ADA Coordinator Paul Gandara - IT Technician
Carlos Carrazco - Finance Director
Parks and Recreation / Media & Communications
Sonya Patterson – Interim Director
Kaili Torres – Senior Analyst
Natalie Glassman – Analyst
Rudy Alvarado
Gabriel Castorena
Gabriel Daigle
Marco Monterosso
Robert Morena
Barbara Wade
Efrain Lee
Public Safety
Jodi Hutak – Operations Lieutenant of Pico Rivera Sheriff’s Station (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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Public Works / Engineering
Nadia Carrasco – Assistant Engineer
Kenneth Guerrero – Associate Engineer
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Resources
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Federal Resources
The United States Department of Justice
Scope of services:
Technical assistance
Enforcement
Mediation
Regulations
Certification of state and local building codes
US Department of Justice
950 Pennsylvania Ave. NW.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
202-307-0663
800-514-0301, Technical Assistance Voice
800-513-0383 (TTY)
ADA.gov
Equal Employment Opportunity Commission
Scope of services Employment
Technical assistance
Enforcement
Training
Regulations
Mediation
800-669-4000
800-669-6820(TTY)
eeoc.gov
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United States Access Board
Scope of services:
Creation of guidelines and standards
Training
Enforcement of the ABA
Research
United States Access Board
1331 F St. NW., Suite 1000
Washington DC, 20004-1111
800-272-0008, voice
800-872-2253 (TTY)
[email protected]
https://www.access-board.gov/
Jobs Accommodation Network (JAN)
Scope of services accommodation related
Consultation
Technical assistance
Training
Mailing address:
Job Accommodation Network
PO Box 6080
Morgantown, WV 26506-6080
800-526-7234, Voice
800-ADA-work, Voice
877781-9403, TTY
Askjan.org
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California State Resources
The Department of Fair Employment and Housing
Scope of services:
Training
Mediation
Enforcement
2218 Kaiden Drive, Suite 100
Elk Grove, CA 95758
800-884-1684, Voice
800-700-2320 (TTY)
DFEH.ca.gov
California Department of Rehabilitation, (Disability Services Section) Scope of services:
Training
Technical assistance
721 Capital Mall
Sacramento, CA 95814
Voice: 1-916-558-5755
TTY: 1-844-729-2800
https://www.dor.ca.gov/Home/DisabilityAccessServices
California Commission on Disability Access
Scope of services:
Technical assistance
400 R St., Suite 310
Sacramento CA 95811
916-319-9974
711, California Relay
ccda.ca.gov
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Implementation Plan
Note: Requestors and reviewers may require the plan to be readily available in accessible format(s) other than the current excel format table (i.e. Word, PDF, font size). Jensen Hughes suggests that options are provided within a reasonable timeframe. (ADA Self-Evaluation Plan 2021) City of Pico Rivera
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Self-Evaluation Questionnaires
Note: Requestors and reviewers may require the plan to be readily available in accessible format(s) other than the current excel format table (i.e. Word, PDF, font size). Jensen Hughes suggests that options are provided within a reasonable timeframe.
Rev 4
AMERICANS WITH DISABILITIES ACT
TRANSITION PLAN 2021
City of Pico Rivera
Jensen Hughes, Inc.
1000 Wilshire Blvd.
Los Angeles, CA 90017
O: +1 213-412-1400
D: +1 213-338-8661
[email protected]
PREPARED FOR
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90660
Project #: 1KHA00005.000.003
Revised Date: November 2021
Enclosure 2
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Table of Contents
1.0 ACKNOWLEDGMENTS.................................................................................................... 2
2.0 INTRODUCTION AND PURPOSE OF THE ADA ............................................................. 2
3.0 OVERVIEW OF THE CITY OF PICO RIVERA.................................................................. 3
4.0 OVERVIEW OF THE ADA MANDATES IMPACTING THE CITY OF PICO RIVERA ....... 4
5.0 IMPACT OF CALIFORNIA STATE LAW........................................................................... 5
6.0 DEFINING A QUALIFIED PERSONS WITH A DISABILITY.............................................. 6
7.0 THE METHODOLOGY AND SCOPE OF THE ADA TRANSITION PLAN ........................ 6
7.1 Methodology............................................................................................................... 6
7.2 Scope of the Project and Survey Plan........................................................................ 7
7.3 Survey Categories...................................................................................................... 7
8.0 ACCESS COMPLIANCE SURVEY REPORTS (ACSR) ................................................... 7
8.1 Public Rights-of-Way.................................................................................................. 7
8.1.1 Report Information .................................................................................................. 7
8.2 Facilities ..................................................................................................................... 8
8.2.1 Report Information .................................................................................................. 8
9.0 PUBLIC VETTING............................................................................................................. 9
9.1 Method ....................................................................................................................... 9
9.2 Results ..................................................................................................................... 11
9.2.1 Presenting Staff and Support ................................................................................ 11
9.2.2 Attendee Participation ........................................................................................... 11
10.0 INSTRUCTIONS FOR UPDATING THE TRANSITION REPORT ................................. 12
11.0 ADA TRANSITION PLAN .............................................................................................. 12 APPENDICES TABLE OF CONTENTS ................................................................................ 14 (ADA Transition Plan 2021) City of Pico Rivera
1.0 Acknowledgments
The Jensen Hughes team wishes to acknowledge and thank the various staff of the City of Pico Rivera for their participation and contribution to the development of the ADA Transition Plan. Their involvement in providing relevant documentation and files were critical during the report process which allowed our team to perform the necessary evaluation of their existing facilities and infrastructure.
2.0 Introduction and Purpose of the ADA
The Americans with Disabilities Act (ADA) is a civil rights act that was signed into law by President George H.W. Bush on July 26, 1990. During this signing ceremony, President Bush called for the shameful wall of exclusion to fall. The intent of the ADA is to remove physical or policy related accessibility barriers to ensure persons with disabilities have access to the full range of elements and participation within American life.
The ADA requires that local governments, including the City of Pico Rivera, take certain affirmative steps to ensure appropriate access for qualified persons with disabilities is in place. This Transition Plan has been created to ensure that persons with disabilities are able to access the programs, services and activities provided by the City of Pico Rivera.
This effort is engaged in by the City as an ongoing effort to ensure disability civil rights are in place and continuous improvement is realized. To facilitate this process, the City of Pico Rivera retained the services of Jensen Hughes. Jensen Hughes brings disability civil rights expertise to the project to ensure a thorough review is accomplished. The project includes an analysis of the internal evaluation and review of City functions and operations. The results of which are reported in the ADA Self-Evaluation Plan report. In addition, City facilities and public rights-of-way were evaluated. The results of this effort are reported in this document, the ADA Transition Plan Report.
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3.0 Overview of the City of Pico Rivera
Pico Rivera is a thriving community that offers opportunities to all who live, work and relax in the City. Situated on the eastern edge of the Los Angeles basin and the southern edge of the area known as the San Gabriel Valley, Pico Rivera is approximately 13 miles southeast of downtown Los Angeles.
Formed through the merging of two historic communities, Pico and Rivera, the City was officially incorporated in January 1958 as the 61st City in Los Angeles County. Originally an agricultural area, the community evolved into a residential and industrial area following the end of World War II.
Pico Rivera is governed by a Council-Manager form of government. The voters of Pico Rivera elect a 5-member City Council, which in turn appoints a City Manager to carry out its policies and serve as the administrative head of the City organization. As the City’s Chief Administrator, the City Manager is responsible for overseeing City employees who implement all of the City's programs, services and projects, with the exception of police, fire and library services, which are provided through contracts with the County of Los Angeles.
Within the City’s nine square miles, more than 120 acres are devoted to recreational uses, including just under 100 acres of local parks. (Find out more information about City Parks and Other Recreational Facilities at http://www.pico-rivera.org/depts/parks/default.asp).
A variety of regional entertainment and sporting venues, along with beach and mountain areas, are located within easy driving distance. The local housing stock, seventy percent of which is owner-occupied, has been expanded in recent years with the addition of several newer housing developments.
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Elementary and high school students in the community are served by the El Rancho Unified School District and Montebello Unified School District, with a number of universities and colleges in Los Angeles and Orange Counties providing a range of opportunities for higher education.
Industrial and commercial uses continue to be attracted to Pico Rivera, thanks in large part to the easy access provided by three freeways, major railroads, and the close proximity of world-class port and airport facilities. Since its incorporation more than 50 years ago, the City has embraced progress while honoring its heritage. As the community looks forward to the next 50 years, several recent and pending projects will help ensure Pico Rivera continues to be a great place to live, work and play. Within the past 10 years the City has completed projects such as the Passons Boulevard railroad underpass project, the new Pico Rivera Library on Mines Avenue, and the completion of the Parks Renovation Project, which provided much-needed improvement and expansion of City parks and recreational facilities throughout the community.
Source: Website of the City of Pico Rivera (http://www.pico-rivera.org/about/)
4.0 Overview of the ADA Mandates Impacting the City of Pico Rivera As a local government, the City of Pico Rivera must comply with the Federal regulation noted below:
28 CFR 35.130 General prohibitions against discrimination (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
To ensure that appropriate access is in place certain evaluations and policy statements are mandated, the City must:
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Conduct a self-evaluation to review all programs services and activities, 28 CFR
35.105;
Produce and disseminate an ADA notice of compliance, 28 CFR 35.106; Appoint an employee responsible for coordinating ADA activities, 28 CFR 35.107; Have in place an ADA grievance system, 28 CFR 35.107; and Develop an ADA transition plan, reviewing the built environment and detailing how and when access barriers will be mitigated, 28 CFR 35.150(d).
5.0 Impact of California State Law
When implementing the federal requirements of the ADA, it is critical that a comparison to state law be conducted to ensure that the law that provides the greatest access for persons with disabilities is being applied. 28 CFR 35.103 regulates that the ADA will yield to a stronger local law.
There are two instances where California State law has a material impact on the local government’s implementation of ADA:
1. California Government Code 12926 contains a broader definition of disability then that provided by the ADA. Summarizing the definition of disability under California law one should consider the following:
If a person has a physical or mental impairment that limits a major life activity, has a history of a physical or mental impairment that limits a major life activity, or is regarded as having a physical or mental impairment that limits a major life activity, that person is covered by California State law. Physical and mental disabilities can include, but are not limited to, chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease. Additionally, if a person has received services within a special education program, is a cancer survivor, or has a genetic characteristic that may eventually manifest itself into a disability, they are covered.
It is important to note that when examining whether a person has a disability that impacts the major life activity, one must consider the disability in the unmitigated status. Often, persons with disabilities mitigate the limitation of the disability through the use of medication, devices, or even personal habits. These forms of mitigation are not appropriate to consider when determining the definition of disability. Thus, one would look at how an individual with diabetes would function without her/his insulin.
Major life activities are very broad in nature. No exhaustive list exists to define them.
Hearing, seeing, walking, learning, reproduction concentrating, breathing, working, etc. are all among common major life activities.
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The ADA definition of disability uses the term “substantially limits” in the first prong. It does not specify coverage of cancer survivors, persons who have received services from special-education programs, or persons who have a genetic characteristic that may someday develop into a disability.
2. California Government Code 11135 incorporates ADA requirements, and that, if the laws of state and local governments prescribe stronger protections and prohibitions, the programs and activities shall be subject to the stronger protections and prohibitions.
6.0 Defining a Qualified Persons with a Disability
Frequently one may encounter the term “Qualified Person with a Disability”. To meet the standard of being a qualified person with a disability, an individual must be a person with a disability as defined above. Additionally, they must qualify to receive the programs, services, or activities in question.
For example, if a person has a qualifying disability and has purchased a ticket from the City to attend a performance sponsored by the City; that person is a qualified person with a disability. If the same individual did not have the required ticket for the performance that individual would not be qualified to attend. As such, the unqualified person with a disability would not have standing to request accommodation for the manner in which the performance was offered.
7.0 The Methodology and Scope of the ADA Transition Plan
7.1 METHODOLOGY
The goal of the Transition Plan is to survey and analyze the City’s existing facilities and infrastructure which include elements serving the public rights-of-way in order to meet the specific requirements of 28 CFR 35.150(d) which includes the following:
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible;
(iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
(iv) Indicate the official responsible for implementation of the plan.
The City’s accessibility features were evaluated specifically against the federal code requirements of Title II of the ADA (2010 ADAS) and State code requirements of Chapter 11B of the 2016 and 2019 California Building Code (CBC).
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The emphasis of the survey is to identify non-compliant barriers, provide solutions with associated cost estimates for remediation and provide recommendations for prioritizing remediations.
7.2 SCOPE OF THE PROJECT AND SURVEY PLAN
Meetings between Jensen Hughes and City management took place to define the scope of the project and identify the City’s existing facilities and infrastructure which include elements serving the public rights-of-way. Readily available plans of existing facilities and list of streets were provided to Jensen Hughes in preparation of the field surveys. The data collected from the surveys became a basis for the ADA Transition Plan found in Appendix I (Access Compliance Survey Reports).
7.3 SURVEY CATEGORIES
Access Compliance Survey Reports are separated into the below categories.
City properties and facilities:
+ Buildings / Facilities / Parks
Public Rights-of-Way:
+ Curb ramps
+ Pedestrian signals
+ Sidewalks
+ Transit stops
The Access Compliance Survey Reports (ACSR) will assist the City in prioritizing barrier remediation and anticipating future costs for such remediation by providing a structure and plan to bring the City up to ADA compliance through a yearly allocation of funds to perform upgrades and/or barrier mitigation projects, starting with projects that remediate identified accessibility barriers with the most exposure to the public and their employees, while working through the minor issues over time.
8.0 Access Compliance Survey Reports (ACSR)
8.1 PUBLIC RIGHTS-OF-WAY
8.1.1 Report Information
The surveys conducted in the field of the public rights-of-way included the approximate number of 1,756 curb ramps/islands, 334 pedestrian signals, 63 transit stops, and 64 miles of sidewalk along main streets within City boundaries and directly adjacent to City facilities.
Where an accessibility barrier was identified, the following information was collected about the barrier and its proposed remediation and compiled as part of an Access Compliance Survey Report (ACSR):
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1. Locational information including street intersection and orientation
2. Description of the applicable standard that is being opposed
3. As-built description/measurement of the barrier
4. Proposed solution/remediation method of the barrier
5. Relevant 2010 ADAS and 2016 and/or 2019 CBC code references
6. Cost estimate information including: Quantity, Units, Unit Cost, and Total Cost
7. Photo of the barrier at the time of the assessment
The above information, as well as additional information, will be maintained on an ACSR database and/or excel spreadsheet which will be GIS compatible and maintained by the City.
The plan will be used in efforts to record, monitor, and track projects for remediating ADA challenges.
8.2 FACILITIES
8.2.1 Report Information
The facilities included approximately 22 identified buildings, parks, and parking lots that were surveyed as a part of the ACSR effort. Areas and site features surveyed for each facility include:
+ Accessible routes from site arrival points to building entrances + Building entrances and exits
+ Interior and exterior circulation, including accessible routes, and corridors + Public-use and common-use areas, such as restrooms, staff breakrooms, lobbies, etc. + Assembly spaces, such as meeting rooms, and event spaces + Outdoor activity areas, such as athletic fields, pools, and playgrounds + Employee work areas
These surveys may not include a full review of buildings where the City does not own or have responsibility for such as the Sheriff’s Department, or the Pico Rivera and Rivera Libraries.
These buildings are owned and operated under the jurisdiction of Los Angeles County. The City’s joint agreement of use with the County is to provide regular maintenance of only the exterior grounds of the sites. Lastly, these assessments will not include a full review of areas that are general exceptions under the ADA including: construction sites, raised areas, limited access spaces, machinery spaces, and single occupant structures. (ADA Transition Plan 2021) City of Pico Rivera
9.0 Public Outreach and Participation
9.1 METHOD
To encourage public participation and involvement with the City’s ADA Self-Evaluation and Transition Plan development process, two public video teleconference meetings were held on August 26, 2020. To maximize outreach and encourage participation, the City was encouraged to reach out to various local organizations and non-profits groups and also posted the below notices in the City’s Summer 2020 edition of its newsletter: The Pico Rivera PROFILE. In addition, notices were provided on the City’s social media pages leading up to the meeting date on the following dates: August 19th, 22nd, and the 25th of 2020. The public outreach notifications and meetings were provided in both English and Spanish, and the public outreach meetings also included interpreters providing translation in both American Sign Language (ASL) and Mexican Sign Language (MSL).
(ADA Transition Plan 2021) City of Pico Rivera
(ADA Transition Plan 2021) City of Pico Rivera
9.2 RESULTS
9.2.1 Presenting Staff and Support
The public outreach meetings occurred via teleconference call on August 26, 2020 with the English version at 5:00 to 6:00 p.m. and in Spanish from 6:00 to 7:00 p.m.
Presenters and City representatives included the following:
Presenter-English/Spanish: Monica Heredia, Director of Public Works, City of Pico Rivera Presenter-English: Kelly Hang, Senior Accessibility Consultant, Jensen Hughes Presenter-English: Michael Paravagna, Senior Policy Specialist, Jensen Hughes Presenter-Spanish: Isaac Martinez, Senior Consultant, Jensen Hughes Vanessa Ibarra, Deputy City Attorney, City of Pico Rivera Luisa Najera, Senior Analyst / ADA Coordinator, City of Pico Rivera Omid Vaziri, Senior Engineer, City of Pico Rivera
Jasper Kirsch, Senior Accessibility Consultant, Jensen Hughes ASL Interpreter: American Language Services (Crystal)
ASL Interpreter (Spanish): American Language Services (Bradley Knoell)
9.2.2 Attendee Participation
Number of public attendees: 4
Attendee (English): F. Sanchez
Caller had concerns regarding hazardous conditions his father has experienced due to nonexistent sidewalk, flooding, and vehicular speeding around the location of Bequette Ave & Bermudez St.
City Response: City will investigate concerns in this area along with reviewing the nearly completed Water, Sewer, and Storm Drain Master Plan and will follow up with Mr. Sanchez.
Attendee (English): F. Sanchez
Concern regarding a water leak around the location of Bequette Ave & Bermudez St. The City Services emergency phone number went to a 1800 number for a doctor’s office and had to call the police department.
City Response: City will investigate this issue and correct.
Attendee (Spanish): Diego
Concern regarding small size of bus stop benches?
City Response: City is required to comply with certain requirements relating to accessibility requirements and will investigate the described issues.
Attendee (Spanish): Diego
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Question relating to not being able to see the presentation since he called in using his phone.
City Response: The presentation will be available to share with the public on the City website.
Note: Request for information may require the document and plan to be readily available in accessible format(s) (i.e. 12-point font size). Jensen Hughes suggests that options are provided to requestors within a reasonable timeframe.
10.0 Instructions for Updating the Transition Report
It is not possible to accurately predict program changes within the City, the development of ADA case law, or the content of revised regulations, which are yet unpublished. Despite this, the City has an ongoing responsibility to remain compliant with disability civil rights mandates.
To facilitate this process this Transition Plan report is designed to accommodate revisions as conditions change. Thus, the City of Pico Rivera, can make changes as needed and maintain a current Transition Plan. This document can serve as a tool to ensure compliance, evidence of the City’s good faith effort, and a historic document to record the actions taken by the City of Pico Rivera to appropriately serve the growing population of persons with disabilities living in the community.
To make the necessary amendments as changes occur, the ADA Coordinator can merely place an addendum in the narrative and can also be made to the Transition Plan within the database which was provided in an excel spreadsheet and/or GIS file. From that point, action to implement changes can be structured, documented, and tracked.
11.0 ADA Transition Plan
Contained in this report is the Access Compliance Survey Reports inventorying deficient items that were identified during the survey of the City’s facilities and infrastructure which include elements serving the public rights-of-way. This plan is intended to be used to track the various mitigation items that have been identified within the Transition Plan process. The ADA Coordinator can use this document to assign departments or individuals the task of implementing the plan to mitigate items, establish completion dates, proposed completion dates, and make notes about the status of the work being addressed. Should the need arise, this document can demonstrate the good faith effort being made by the City to address disability civil rights issues.
It’s very important to note that each time an entry to the excel spreadsheet and/or GIS file is made, the mitigation information is updated to reflect the current status and ongoing effort of the City’s commitment in providing a more accessible and inclusive environment. (ADA Transition Plan 2021) City of Pico Rivera
Submitted by,
JENSEN HUGHES
Prepared by: Reviewed by:
Kelly Hang, CASp, ICC, Assoc. AIA Jasper S. Kirsch, CASp, ICC, Assoc. AIA Senior Consultant Senior Accessibility Consultant
Michael Paravagna
Senior Policy Specialist
KHA/JKI:ts
1KHA00005_City of Pico Rivera\Transition Plan\Report Pages\City of Pico Rivera_ADA Transition Plan 2021_November 2021
(ADA Transition Plan 2021) City of Pico Rivera
Appendices
Table of Contents
REVISED FINAL TITLE II REGULATION WITH INTEGRATED TEXT .........A-1 CALIFORNIA GOVERNMENT CODE 12926................................................B-1 CALIFORNIA GOVERNMENT CODE 11135................................................C-1 CALIFORNIA GOVERNMENT CODE 4450 .................................................D-1 CITY OF PICO RIVERA NOTICE OF ADA COMPLIANCE...........................E-1 ADA GRIEVANCE PROCEDURE FOR THE CITY OF PICO RIVERA .........F-1
ROSTER OF CITY OF PICO RIVERA STAFF WHO CONTRIBUTED TO
THE REPORT............................................................................................................... G-1 RESOURCES ...............................................................................................H-1 ACCESS COMPLIANCE SURVEY REPORTS ............................................... I-1 (ADA Transition Plan 2021) City of Pico Rivera
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Revised Final Title II Regulation with Integrated Text
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NOTE: These provisions update the relevant portions of the title II regulation to incorporate changes made to the regulatory text through October 11, 2016. These modifications stem from the Pool Extension Final Rule (77 FR 30174, published May 21, 2012) and the ADA Amendments Act Final Rule (81 FR 53202, published Aug. 11, 2016).
All section headings and changes are noted in bold.
Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services
(as amended by the final rule published on August 11, 2016) Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.
11.1 Subpart A—General
11.1.1 § 35.101 Purpose and broad coverage.
(a) Purpose. The purpose of this part is to implement subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S. C. 12131–12134), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Public Law 110–325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities. (b) Broad coverage. The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA. Consistent with the ADA Amendments Act’s purpose of reinstating a broad scope of protection under the ADA, the definition of “disability” in this part shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA. The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of disability. The question of whether an individual meets the definition of disability under this part should not demand extensive analysis.
11.1.1 § 35.102 Application.
• (a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities. • (b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements of this part.
§ 35.103 Relationship to other laws.
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• (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 or the regulations issued by Federal agencies pursuant to that title.
• (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.
§ 35.104 Definitions.
For purposes of this part, the term—
1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 CFR part
36. 2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).
2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in § 35.151.
Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611).
Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.
Auxiliary aids and services includes—
• (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
• (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic (ADA Transition Plan 2021) City of Pico Rivera
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and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; • (3) Acquisition or modification of equipment or devices; and • (4) Other similar services and actions.
Complete complaint means a written statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.
Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem.
Designated agency means the Federal agency designated under subpart G of this part to oversee compliance activities under this part for particular components of State and local governments.
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided in § 35.139.
Disability. The definition of disability can be found at § 35.108.
Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.
Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose.
Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law. (ADA Transition Plan 2021) City of Pico Rivera
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Housing at a place of education means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.
Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use.
Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines––whether or not designed primarily for use by individuals with mobility disabilities––that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).
Public entity means—
• (1) Any State or local government;
• (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
• (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cuedlanguage transliterators.
Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.
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Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended.
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, widebandwidth video connection that delivers high-quality video images as provided in §
35.160(d).
Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207 (c)(2). § 35.105 Self-evaluation.
• (a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.
• (b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. (ADA Transition Plan 2021) City of Pico Rivera
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• (c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:
o (1) A list of the interested persons consulted;
o (2) A description of areas examined and any problems identified; and o (3) A description of any modifications made.
• (d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous self- evaluation.
§ 35.106 Notice
A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. § 35.107 Designation of responsible employee and adoption of grievance procedures • (a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.
• (b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part. § 35.108 Definition of disability
(a)
(1) Disability means, with respect to an individual:
(i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(ii) A record of such an impairment; or
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(iii) Being regarded as having such an impairment as described in paragraph (f) of this section.
(2) Rules of construction.
(i) The definition of “disability” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. (ii) An individual may establish coverage under any one or more of the three prongs of the definition of “disability” in paragraph (a)(1) of this section, the “actual disability” prong in paragraph (a)(1)(i) of this section, the “record of” prong in paragraph (a)(1)(ii) of this section, or the “regarded as” prong in paragraph (a)(1)(iii) of this section. (iii) Where an individual is not challenging a public entity’s failure to provide reasonable modifications under § 35.130(b)(7), it is generally unnecessary to proceed under the “actual disability” or “record of” prongs, which require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. In these cases, the evaluation of coverage can be made solely under the “regarded as” prong of the definition of disability, which does not require a showing of an impairment that substantially limits a major life activity or a record of such an impairment. An individual may choose, however, to proceed under the “actual disability” or “record of” prong regardless of whether the individual is challenging a public entity’s failure to provide reasonable modifications. (b)
(1) Physical or mental impairment means:
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or (ii) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability. (2) Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(3) Physical or mental impairment does not include homosexuality or bisexuality. (ADA Transition Plan 2021) City of Pico Rivera
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(c)
(1) Major life activities include, but are not limited to:
(i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and
(ii) The operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system.
(2) Rules of construction.
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard. (ii) Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.
(d) Substantially limits.
(1) Rules of construction. The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity. (i) The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. “Substantially limits” is not meant to be a demanding standard.
(ii) The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred, not the extent to which an individual’s impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment substantially limits a major life activity should not demand extensive analysis. (iii) An impairment that substantially limits one major life activity does not need to limit other major life activities in order to be considered a substantially limiting impairment. (iv) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
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(v) An impairment is a disability within the meaning of this part if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment does not need to prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability within the meaning of this section.
(vi) The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for substantially limits applied prior to the ADA Amendments Act.
(vii) The comparison of an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical, or statistical evidence. Nothing in this paragraph (d)(1) is intended, however, to prohibit or limit the presentation of scientific, medical, or statistical evidence in making such a comparison where appropriate. (viii) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. However, the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. Ordinary eyeglasses or contact lenses are lenses that are intended to fully correct visual acuity or to eliminate refractive error. (ix) The six-month “transitory” part of the “transitory and minor” exception in paragraph (f)(2) of this section does not apply to the “actual disability” or “record of” prongs of the definition of “disability.” The effects of an impairment lasting or expected to last less than six months can be substantially limiting within the meaning of this section for establishing an actual disability or a record of a disability. (2) Predictable assessments.
(i) The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA’s prohibition on discrimination through a framework that is predictable, consistent, and workable for all individuals and entities with rights and responsibilities under the ADA. (ii) Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph (a)(1)(i) of this section (the “actual disability” prong) or paragraph (a)(1)(ii) of this section (the “record of” prong). Given their inherent nature, these types of impairments will, as a factual matter, virtually always be found to impose a substantial limitation on a major life activity. Therefore, with respect to these types of (ADA Transition Plan 2021) City of Pico Rivera
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impairments, the necessary individualized assessment should be particularly simple and straightforward.
(iii) For example, applying these principles it should easily be concluded that the types of impairments set forth in paragraphs (d)(2)(iii)(A) through (K) of this section will, at a minimum, substantially limit the major life activities indicated. The types of impairments described in this paragraph may substantially limit additional major life activities (including major bodily functions) not explicitly listed in paragraphs (d)(2)(iii)(A) through (K).
(A) Deafness substantially limits hearing;
(B) Blindness substantially limits seeing;
(C) Intellectual disability substantially limits brain function; (D) Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair substantially limit musculoskeletal function; (E) Autism substantially limits brain function;
(F) Cancer substantially limits normal cell growth;
(G) Cerebral palsy substantially limits brain function; (H) Diabetes substantially limits endocrine function;
(I) Epilepsy, muscular dystrophy, and multiple sclerosis each substantially limits neurological function;
(J) Human Immunodeficiency Virus (HIV) infection substantially limits immune function; and
(K) Major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury, obsessive compulsive disorder, and schizophrenia each substantially limits brain function.
(3) Condition, manner, or duration.
(i) At all times taking into account the principles set forth in the rules of construction, in determining whether an individual is substantially limited in a major life activity, it may be useful in appropriate cases to consider, as compared to most people in the general population, the conditions under which the individual performs the major life activity; the manner in which the individual performs the major life activity; or the duration of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.
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(ii) Consideration of facts such as condition, manner, or duration may include, among other things, consideration of the difficulty, effort or time required to perform a major life activity; pain experienced when performing a major life activity; the length of time a major life activity can be performed; or the way an impairment affects the operation of a major bodily function. In addition, the non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual’s impairment substantially limits a major life activity. (iii) In determining whether an individual has a disability under the “actual disability” or “record of” prongs of the definition of “disability,” the focus is on how a major life activity is substantially limited, and not on what outcomes an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more major life activities, including, but not limited to, reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population. (iv) Given the rules of construction set forth in this section, it may often be unnecessary to conduct an analysis involving most or all of the facts related to condition, manner, or duration. This is particularly true with respect to impairments such as those described in paragraph (d)(2)(iii) of this section, which by their inherent nature should be easily found to impose a substantial limitation on a major life activity, and for which the individualized assessment should be particularly simple and straightforward.
(4) Mitigating measures include, but are not limited to:
(i) Medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies;
(ii) Use of assistive technology;
(iii) Reasonable modifications or auxiliary aids or services as defined in this regulation; (iv) Learned behavioral or adaptive neurological modifications; or (v) Psychotherapy, behavioral therapy, or physical therapy. (e) Has a record of such an impairment.
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(1) An individual has a record of such an impairment if the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (2) Broad construction. Whether an individual has a record of an impairment that substantially limited a major life activity shall be construed broadly to the maximum extent permitted by the ADA and should not demand extensive analysis. An individual will be considered to fall within this prong of the definition of “disability” if the individual has a history of an impairment that substantially limited one or more major life activities when compared to most people in the general population, or was misclassified as having had such an impairment. In determining whether an impairment substantially limited a major life activity, the principles articulated in paragraph (d)(1) of this section apply. (3) Reasonable modification. An individual with a record of a substantially limiting impairment may be entitled to a reasonable modification if needed and related to the past disability.
(f) Is regarded as having such an impairment. The following principles apply under the “regarded” as prong of the definition of “disability” (paragraph (a)(1)(iii) of this section):
(1) Except as set forth in paragraph (f)(2) of this section, an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public entity asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA. (2) An individual is not “regarded as having such an impairment” if the public entity demonstrates that the impairment is, objectively, both “transitory” and “minor.” A public entity may not defeat “regarded as” coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the public entity must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment), objectively, both “transitory” and “minor.” For purposes of this section, “transitory” is defined as lasting or expected to last six months or less.
(3) Establishing that an individual is “regarded as having such an impairment” does not, by itself, establish liability. Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA, 42 U.S.C. 12131– 12134.
(g) Exclusions. The term “disability” does not include— (ADA Transition Plan 2021) City of Pico Rivera
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(1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) Compulsive gambling, kleptomania, or pyromania; or
(3) Psychoactive substance use disorders resulting from current illegal use of drugs.
§§ 35.109—35.129 [Reserved]
Subpart B—General Requirements
§ 35.130 General prohibitions against discrimination
• (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
• (b)
o (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—
▪ (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;
▪ (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;
▪ (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
▪ (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;
▪ (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant
assistance to an agency, organization, or person that
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discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity's program;
▪ (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or
advisory boards;
▪ (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving the aid, benefit, or service.
o (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.
o (3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration— ▪ (i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; ▪ (ii) That have the purpose or effect of defeating or
substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities; or
▪ (iii) That perpetuate the discrimination of another public entity if both public entities are subject to common
administrative control or are agencies of the same State. o (4) A public entity may not, in determining the site or location of a facility, make selections—
▪ (i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or
▪ (ii) That have the purpose or effect of defeating or
substantially impairing the accomplishment of the
objectives of the service, program, or activity with respect to individuals with disabilities.
o (5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability.
o (6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity (ADA Transition Plan 2021) City of Pico Rivera
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establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part.
o (7)
▪ (i) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of
disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the
nature of the service, program, or activity.
▪ (ii) A public entity is not required to provide a
reasonable modification to an individual who meets the
definition of “disability” solely under the “regarded as” prong of the definition of disability at § 35.108(a)(1)(iii). o (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.
• (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part.
• (d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. • (e)
o (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept.
o (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual. • (f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.
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• (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
• (h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. • (i) Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable modification that was denied to an individual without a disability.
§ 35.131 Illegal use of drugs
• (a) General.
o (1) Except as provided in paragraph (b) of this section, this part does not prohibit discrimination against an individual based on that individual's current illegal use of drugs.
o (2) A public entity shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who—
▪ (i) Has successfully completed a supervised drug
rehabilitation program or has otherwise been rehabilitated successfully;
▪ (ii) Is participating in a supervised rehabilitation program; or ▪ (iii) Is erroneously regarded as engaging in such use. • (b) Health and drug rehabilitation services.
o (1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.
o (2) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.
• (c) Drug testing.
o (1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who (ADA Transition Plan 2021) City of Pico Rivera
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formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.
o (2) Nothing in paragraph (c) of this section shall be construed to encourage, prohibit, restrict, or authorize the conduct of testing for the illegal use of drugs.
§ 35.132 Smoking
This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.
§ 35.133 Maintenance of accessible features
• (a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
• (b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
• (c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
§ 35.134 Retaliation or coercion
• (a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part. • (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.
§ 35.135 Personal devices and services
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing. § 35.136 Service animals
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• (a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. • (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—
o (1) The animal is out of control and the animal's handler does not take effective action to control it; or
o (2) The animal is not housebroken.
• (c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
• (d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
• (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.
• (f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
• (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. • (h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
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• (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
o (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—
▪ (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
▪ (ii) Whether the handler has sufficient control of the miniature horse;
▪ (iii) Whether the miniature horse is housebroken; and ▪ (iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
o (3) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.
§ 35.137 Mobility devices.
• (a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manuallypowered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use.
• (b)
o (1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h).
o (2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider—
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▪ (i) The type, size, weight, dimensions, and speed of the device;
▪ (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); ▪ (iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
▪ (iv) Whether legitimate safety requirements can be
established to permit the safe operation of the other powerdriven mobility device in the specific facility; and ▪ (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and
regulations.
• (c)
o (1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual's disability. o (2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the other powerdriven mobility device is for the individual's mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A “valid” disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards.
§ 35.138 Ticketing
• (a)
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o (1) For the purposes of this section, “accessible seating” is defined as wheelchair spaces and companion seats that comply with sections 221 and 802 of the 2010 Standards along with any other seats required to be offered for sale to the individual with a disability pursuant to paragraph (d) of this section.
o (2) Ticket sales. A public entity that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating—
▪ (i) During the same hours;
▪ (ii) During the same stages of ticket sales, including, but not limited to, pre-sales, promotions, lotteries, wait-lists, and general sales;
▪ (iii) Through the same methods of distribution;
▪ (iv) In the same types and numbers of ticketing sales outlets, including telephone service, in-person ticket sales at the facility, or third-party ticketing services, as other patrons; and
▪ (v) Under the same terms and conditions as other tickets sold for the same event or series of events.
• (b) Identification of available accessible seating. A public entity that sells or distributes tickets for a single event or series of events shall, upon inquiry— o (1) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all unsold or otherwise available accessible seating for any ticketed event or events at the facility;
o (2) Identify and describe the features of available accessible seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs; and
o (3) Provide materials, such as seating maps, plans, brochures, pricing charts, or other information, that identify accessible seating and information relevant thereto with the same text or visual representations as other seats, if such materials are provided to the general public.
• (c) Ticket prices. The price of tickets for accessible seating for a single event or series of events shall not be set higher than the price for other tickets in the same seating section for the same event or series of events. Tickets for accessible seating must be made available at all price levels for every event or series of (ADA Transition Plan 2021) City of Pico Rivera
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events. If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location.
• (d) Purchasing multiple tickets.
o (1) General. For each ticket for a wheelchair space purchased by an individual with a disability or a third-party purchasing such a ticket at his or her request, a public entity shall make available for purchase three additional tickets for seats in the same row that are contiguous with the wheelchair space, provided that at the time of purchase there are three such seats available. A public entity is not required to provide more than three contiguous seats for each wheelchair space. Such seats may include wheelchair spaces.
o (2) Insufficient additional contiguous seats available. If patrons are allowed to purchase at least four tickets, and there are fewer than three such additional contiguous seat tickets available for purchase, a public entity shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats.
o (3) Sales limited to less than four tickets. If a public entity limits sales of tickets to fewer than four seats per patron, then the public entity is only obligated to offer as many seats to patrons with disabilities, including the ticket for the wheelchair space, as it would offer to patrons without disabilities.
o (4) Maximum number of tickets patrons may purchase exceeds four. If patrons are allowed to purchase more than four tickets, a public entity shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket for the wheelchair space. o (5) Group sales. If a group includes one or more individuals who need to use accessible seating because of a mobility disability or because their disability requires the use of the accessible features that are provided in accessible seating, the group shall be placed in a seating area with accessible seating so that, if possible, the group can sit together. If it is necessary to divide the group, it should be divided so that the individuals in the group who use wheelchairs are not isolated from their group.
• (e) Hold-and-release of tickets for accessible seating. o (1) Tickets for accessible seating may be released for sale in certain limited circumstances. A public entity may release unsold tickets for (ADA Transition Plan 2021) City of Pico Rivera
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accessible seating for sale to individuals without disabilities for their own use for a single event or series of events only under the following circumstances—
▪ (i) When all non-accessible tickets (excluding luxury boxes, club boxes, or suites) have been sold;
▪ (ii) When all non-accessible tickets in a designated seating area have been sold and the tickets for accessible seating are being released in the same designated area; or
▪ (iii) When all non-accessible tickets in a designated price category have been sold and the tickets for accessible
seating are being released within the same designated
price category.
o (2) No requirement to release accessible tickets. Nothing in this paragraph requires a facility to release tickets for accessible seating to individuals without disabilities for their own use.
o (3) Release of series-of-events tickets on a series-of-events basis. ▪ (i) Series-of-events tickets sell-out when no ownership rights are attached. When series-of-events tickets are sold out and a public entity releases and sells accessible
seating to individuals without disabilities for a series of events, the public entity shall establish a process that prevents the automatic reassignment of the accessible
seating to such ticket holders for future seasons, future years, or future series so that individuals with disabilities who require the features of accessible seating and who
become newly eligible to purchase tickets when these
series-of-events tickets are available for purchase have an opportunity to do so.
▪ (ii) Series-of-events tickets when ownership rights are attached. When series-of-events tickets with an ownership right in accessible seating areas are forfeited or otherwise returned to a public entity, the public entity shall make reasonable modifications in its policies, practices, or procedures to afford individuals with mobility disabilities or individuals with disabilities that require the features of accessible seating an opportunity to purchase such tickets in accessible seating areas.
• (f) Ticket transfer. Individuals with disabilities who hold tickets for accessible seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events. (ADA Transition Plan 2021) City of Pico Rivera
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• (g) Secondary ticket market.
o (1) A public entity shall modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions as other individuals who hold a ticket acquired in the secondary ticket market for the same event or series of events.
o (2) If an individual with a disability acquires a ticket or series of tickets to an inaccessible seat through the secondary market, a public entity shall make reasonable modifications to its policies, practices, or procedures to allow the individual to exchange his ticket for one to an accessible seat in a comparable location if accessible seating is vacant at the time the individual presents the ticket to the public entity. • (h) Prevention of fraud in purchase of tickets for accessible seating. A public entity may not require proof of disability, including, for example, a doctor's note, before selling tickets for accessible seating.
o (1) Single-event tickets. For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires the use of the accessible features that are provided in accessible seating, or is purchasing the tickets for an individual who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating.
o (2) Series-of-events tickets. For series-of-events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating. o (3) Investigation of fraud. A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently.
§ 35.139 Direct threat.
• (a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others. • (b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
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Subpart C—Employment
§ 35.140 Employment discrimination prohibited
• (a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.
• (b)
o (1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of title I.
o (2) For the purposes of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of title I.
§§ 35.141—35.148 [Reserved]
Subpart D—Program Accessibility
§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. § 35.150 Existing facilities
• (a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not— o (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; o (2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or o (3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In (ADA Transition Plan 2021) City of Pico Rivera
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those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with §35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity. • (b) Methods.
o (1) General. A public entity may comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of § 35.151. In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. o (2)
▪ (i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping
specifications for those elements in either the 1991
Standards or in the Uniform Federal Accessibility
Standards (UFAS), Appendix A to 41 CFR part 101–19.6
(July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.
▪ (ii) The safe harbor provided in § 35.150(b)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which
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there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not
eligible for the element-by-element safe harbor are
identified as follows––
▪ (A) Residential facilities dwelling units, sections
233 and 809.
▪ (B) Amusement rides, sections 234 and 1002;
206.2.9; 216.12.
▪ (C) Recreational boating facilities, sections 235
and 1003; 206.2.10.
▪ (D) Exercise machines and equipment, sections
236 and 1004; 206.2.13.
▪ (E) Fishing piers and platforms, sections 237
and 1005; 206.2.14.
▪ (F) Golf facilities, sections 238 and 1006;
206.2.15.
▪ (G) Miniature golf facilities, sections 239 and
1007; 206.2.16.
▪ (H) Play areas, sections 240 and 1008;
206.2.17.
▪ (I) Saunas and steam rooms, sections 241 and
612.
▪ (J) Swimming pools, wading pools, and
spas, sections 242 and 1009.
▪ (K) Shooting facilities with firing
positions, sections 243 and 1010.
▪ (L) Miscellaneous.
▪ (1) Team or player seating, section
221.2.1.4.
▪ (2) Accessible route to bowling
lanes, section. 206.2.11.
▪ (3) Accessible route in court sports
facilities, section 206.2.12.
o (3) Historic preservation programs. In meeting the requirements of §
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is not required because of paragraph (a)(2) or (a)(3) of this section, alternative methods of achieving program accessibility include— ▪ (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible;
▪ (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or
▪ (iii) Adopting other innovative methods.
o (4) Swimming pools, wading pools, and spas. The requirements set forth in sections 242 and 1009 of the 2010 Standards shall not apply until January 31, 2013, if a public entity chooses to make structural changes to existing swimming pools, wading pools, or spas built before March 15, 2012, for the sole purpose of complying with the program accessibility requirements set forth in this section.
o
• (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible.
• (d) Transition plan.
o (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity 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. o (2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.
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o (3) The plan shall, at a minimum—
▪ (i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;
▪ (ii) Describe in detail the methods that will be used to make the facilities accessible;
▪ (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
▪ (iv) Indicate the official responsible for implementation of the plan.
o (4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan.
§ 35.151 New construction and alterations
• (a) Design and construction.
o (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.
o (2) Exception for structural impracticability.
▪ (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique
characteristics of terrain prevent the incorporation of accessibility features.
▪ (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not
structurally impracticable.
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▪ (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in
accordance with this section.
• (b) Alterations.
o (1) Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. o (2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150.
o (3)
▪ (i) Alterations to historic properties shall comply, to the maximum extent feasible, with the provisions applicable to historic properties in the design standards specified in §
35.151(c).
▪ (ii) If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided pursuant to the requirements of § 35.150.
o (4) Path of travel. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. ▪ (i) Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference
center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.
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▪ (A) Mechanical rooms, boiler rooms, supply
storage rooms, employee lounges or locker
rooms, janitorial closets, entrances, and
corridors are not areas containing a primary
function. Restrooms are not areas containing a
primary function unless the provision of
restrooms is a primary purpose of the area, e.g.,
in highway rest stops.
▪ (B) For the purposes of this section, alterations
to windows, hardware, controls, electrical
outlets, and signage shall not be deemed to be
alterations that affect the usability of or access
to an area containing a primary function.
▪ (ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which
connects the altered area with an exterior approach
(including sidewalks, streets, and parking areas), an
entrance to the facility, and other parts of the facility. ▪ (A) An accessible path of travel may consist of
walks and sidewalks, curb ramps and other
interior or exterior pedestrian ramps; clear floor
paths through lobbies, corridors, rooms, and
other improved areas; parking access aisles;
elevators and lifts; or a combination of these
elements.
▪ (B) For the purposes of this section, the term
“path of travel” also includes the restrooms,
telephones, and drinking fountains serving the
altered area.
▪ (C) Safe harbor. If a public entity has
constructed or altered required elements of a
path of travel in accordance with the
specifications in either the 1991 Standards or
the Uniform Federal Accessibility Standards
before March 15, 2012, the public entity is not
required to retrofit such elements to reflect
incremental changes in the 2010 Standards
solely because of an alteration to a primary
function area served by that path of travel.
▪ (iii) Disproportionality.
▪ (A) Alterations made to provide an accessible
path of travel to the altered area will be deemed
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disproportionate to the overall alteration when
the cost exceeds 20 % of the cost of the
alteration to the primary function area.
▪ (B) Costs that may be counted as expenditures
required to provide an accessible path of travel
may include:
▪ (1) Costs associated with providing
an accessible entrance and an
accessible route to the altered area,
for example, the cost of widening
doorways or installing ramps;
▪ (2) Costs associated with making
restrooms accessible, such as
installing grab bars, enlarging toilet
stalls, insulating pipes, or installing
accessible faucet controls;
▪ (3) Costs associated with providing
accessible telephones, such as
relocating the telephone to an
accessible height, installing
amplification devices, or installing a
text telephone (TTY); and
▪ (4) Costs associated with relocating
an inaccessible drinking fountain.
▪ (iv) Duty to provide accessible features in the event of disproportionality.
▪ (A) When the cost of alterations necessary to
make the path of travel to the altered area fully
accessible is disproportionate to the cost of the
overall alteration, the path of travel shall be
made accessible to the extent that it can be
made accessible without incurring
disproportionate costs.
▪ (B) In choosing which accessible elements to
provide, priority should be given to those
elements that will provide the greatest access,
in the following order—
▪ (1) An accessible entrance;
▪ (2) An accessible route to the altered
area;
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▪ (3) At least one accessible restroom
for each sex or a single unisex
restroom;
▪ (4) Accessible telephones;
▪ (5) Accessible drinking fountains;
and
▪ (6) When possible, additional
accessible elements such as
parking, storage, and alarms.
▪ (v) Series of smaller alterations.
▪ (A) The obligation to provide an accessible path
of travel may not be evaded by performing a
series of small alterations to the area served by
a single path of travel if those alterations could
have been performed as a single undertaking.
▪ (B)
▪ (1) If an area containing a primary
function has been altered without
providing an accessible path of
travel to that area, and subsequent
alterations of that area, or a different
area on the same path of travel, are
undertaken within three years of the
original alteration, the total cost of
alterations to the primary function
areas on that path of travel during
the preceding three-year period shall
be considered in determining
whether the cost of making that path
of travel accessible is
disproportionate.
▪ (2) Only alterations undertaken on or
after March 15, 2011, shall be
considered in determining if the cost
of providing an accessible path of
travel is disproportionate to the
overall cost of the alterations.
• (c) Accessibility standards and compliance date.
o (1) If physical construction or alterations commence after July 26, 1992, but prior to September 15, 2010, then new construction and alterations subject to this section must comply with either the UFAS or (ADA Transition Plan 2021) City of Pico Rivera
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the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
o (2) If physical construction or alterations commence on or after September 15, 2010, and before March 15, 2012, then new construction and alterations subject to this section may comply with one of the following: the 2010 Standards, UFAS, or the 1991 Standards except that the elevator exemption contained at section
4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply.
Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
o (3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards.
o (4) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation do not commence physical construction or alterations.
o (5) Noncomplying new construction and alterations.
▪ (i) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards or with UFAS shall before March 15,
2012, be made accessible in accordance with either the
1991 Standards, UFAS, or the 2010 Standards.
▪ (ii) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards or with UFAS shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.
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Appendix to § 35.151(c)
Compliance Date for New Construction or
Alterations Applicable Standards
Before September 15, 2010 1991 Standards or UFAS
On or after September 15, 2010, and before March
15, 2012
1991 Standards, UFAS, or 2010
Standards
On or after March 15, 2012 2010 Standards
• (d) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.
• (e) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.
o (1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.
o (2) Facilities with more than 50 beds covered by this section that provide common use bathing facilities, shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.
• (f) Housing at a place of education. Housing at a place of education that is subject to this section shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 subject to the following exceptions.
For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.
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o (1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.
o (2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards. o (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.
• (g) Assembly areas. Assembly areas subject to this section shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that— o (1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route;
o (2) Assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and have seating encircling, in whole or in part, a field of play or performance area shall disperse wheelchair spaces and companion seats around that field of play or performance area; o (3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats; o (4) Stadium-style movie theaters shall locate wheelchair spaces and companion seats on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria—
▪ (i) It is located within the rear 60% of the seats provided in an auditorium; or
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▪ (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the
screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).
• (h) Medical care facilities. Medical care facilities that are subject to this section shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty.
• (i) Curb ramps.
o (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. o (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.
• (j) Facilities with residential dwelling units for sale to individual owners. o (1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.
o (2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.
• (k) Detention and correctional facilities.
o (1) New construction of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level. o (2) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities shall (ADA Transition Plan 2021) City of Pico Rivera
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comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell— ▪ (i) Is located within the same prison site;
▪ (ii) Is integrated with other cells to the maximum extent feasible;
▪ (iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and
participation in other programs that the facility offers to inmates or detainees; and,
▪ (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be
provided at another prison site within the corrections
system.
o (3) With respect to medical and long-term care facilities in jails, prisons, and other detention and correctional facilities, public entities shall apply the 2010 Standards technical and scoping requirements for those facilities irrespective of whether those facilities are licensed. § 35.152 Jails, detention and correctional facilities, and community correctional facilities.
• (a) General. This section applies to public entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional facilities, either directly or through contractual, licensing, or other arrangements with public or private entities, in whole or in part, including private correctional facilities. • (b) Discrimination prohibited.
o (1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be (ADA Transition Plan 2021) City of Pico Rivera
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denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. o (2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, a public entity–
▪ (i) Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;
▪ (ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;
▪ (iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the
facilities where they would otherwise be housed; and
▪ (iv) Shall not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed.
o (3) Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing.
§§ 35.153—35.159 [Reserved]
Subpart E—Communications
§ 35.160 General.
• (a)
o (1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.
o (2) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.
• (b)
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o (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.
o (2) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. • (c)
o (1) A public entity shall not require an individual with a disability to bring another individual to interpret for him or her.
o (2) A public entity shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication except— ▪ (i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or
▪ (ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such
assistance is appropriate under the circumstances.
o (3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.
• (d) Video remote interpreting (VRI) services. A public entity that chooses to provide qualified interpreters via VRI services shall ensure that it provides— o (1) Real-time, full-motion video and audio over a dedicated highspeed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; o (2) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating (ADA Transition Plan 2021) City of Pico Rivera
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individual's face, arms, hands, and fingers, regardless of his or her body position;
o (3) A clear, audible transmission of voices; and
o (4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.
§ 35.161 Telecommunications.
• (a) Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.
• (b) When a public entity uses an automated-attendant system, including, but not limited to, voice mail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems.
• (c) A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.
§ 35.162 Telephone emergency services
Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD's and computer modems.
§ 35.163 Information and signage
• (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
• (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility. § 35.164 Duties
This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or (ADA Transition Plan 2021) City of Pico Rivera
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activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens.
The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. §§ 35.165—35.169 [Reserved]
Subpart F—Compliance Procedures
§ 35.170 Complaints
• (a) Who may file. An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part.
• (b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency. • (c) Where to file. An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral as provided in §35.171(a)(2).
§ 35.171 Acceptance of complaints
• (a) Receipt of complaints.
o (1)
▪ (i) Any Federal agency that receives a complaint of
discrimination on the basis of disability by a public entity shall promptly review the complaint to determine whether it has jurisdiction over the complaint under section 504.
▪ (ii) If the agency does not have section 504 jurisdiction, it shall promptly determine whether it is the designated
agency under subpart G of this part responsible for
complaints filed against that public entity.
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o (2)
▪ (i) If an agency other than the Department of Justice determines that it does not have section 504 jurisdiction and is not the designated agency, it shall promptly refer the complaint to the appropriate designated agency, the
agency that has section 504 jurisdiction, or the Department of Justice, and so notify the complainant.
▪ (ii) When the Department of Justice receives a complaint for which it does not have jurisdiction under section 504 and is not the designated agency, it may exercise
jurisdiction pursuant to § 35.190(e) or refer the complaint to an agency that does have jurisdiction under section 504 or to the appropriate agency designated in subpart G of this part or, in the case of an employment complaint that is also subject to title I of the Act, to the Equal Employment
Opportunity Commission.
o (3)
▪ (i) If the agency that receives a complaint has section 504 jurisdiction, it shall process the complaint according to its procedures for enforcing section 504.
▪ (ii) If the agency that receives a complaint does not have section 504 jurisdiction, but is the designated agency, it shall process the complaint according to the procedures established by this subpart.
• (b) Employment complaints.
o (1) If a complaint alleges employment discrimination subject to title I of the Act, and the agency has section 504 jurisdiction, the agency shall follow the procedures issued by the Department of Justice and the Equal Employment Opportunity Commission under section 107(b) of the Act.
o (2) If a complaint alleges employment discrimination subject to title I of the Act, and the designated agency does not have section 504 jurisdiction, the agency shall refer the complaint to the Equal Employment Opportunity Commission for processing under title I of the Act.
o (3) Complaints alleging employment discrimination subject to this part, but not to title I of the Act shall be processed in accordance with the procedures established by this subpart.
• (c) Complete complaints.
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o (1) A designated agency shall accept all complete complaints under this section and shall promptly notify the complainant and the public entity of the receipt and acceptance of the complaint.
o (2) If the designated agency receives a complaint that is not complete, it shall notify the complainant and specify the additional information that is needed to make the complaint a complete complaint. If the complainant fails to complete the complaint, the designated agency shall close the complaint without prejudice.
§ 35.172 Investigations and compliance reviews.
• (a) The designated agency shall investigate complaints for which it is responsible under § 35.171.
• (b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part.
• (c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include—
o (1) Findings of fact and conclusions of law;
o (2) A description of a remedy for each violation found (including compensatory damages where appropriate); and
o (3) Notice of the rights and procedures available under paragraph (d) of this section and §§ 35.173 and 35.174.
• (d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, 42 U.S.C. 12133, whether or not the designated agency finds a violation. § 35.173 Voluntary compliance agreements
• (a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall—
o (1) Notify the Assistant Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and o (2) Initiate negotiations with the public entity to secure compliance by voluntary means.
• (b) Where the designated agency is able to secure voluntary compliance, the voluntary compliance agreement shall—
o (1) Be in writing and signed by the parties;
o (2) Address each cited violation;
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o (3) Specify the corrective or remedial action to be taken, within a stated period of time, to come into compliance;
o (4) Provide assurance that discrimination will not recur; and o (5) Provide for enforcement by the Attorney General.
§ 35.174 Referral.
If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action.
§ 35.175 Attorney's fees.
In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. § 35.176 Alternative means of dispute resolution.
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part.
§ 35.177 Effect of unavailability of technical assistance.
A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act. § 35.178 State immunity.
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
§§ 35.179—35.189 [Reserved]
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Subpart G—Designated Agencies
§ 35.190 Designated Agencies.
• (a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect to State and local government components, and shall provide policy guidance and interpretations to designated agencies to ensure the consistent and effective implementation of the requirements of this part. • (b) The Federal agencies listed in paragraph (b)(1)-(8) of this section shall have responsibility for the implementation of subpart F of this part for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas. o (1) Department of Agriculture: All programs, services, and regulatory activities relating to farming and the raising of livestock, including extension services.
o (2) Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries. o (3) Department of Health and Human Services: All programs, services, and regulatory activities relating to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health-related schools, the operation of health care and social service providers and institutions, including "grass-roots" and community services organizations and programs, and preschool and daycare programs.
o (4) Department of Housing and Urban Development: All programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral.
o (5) Department of Interior: All programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums. o (6) Department of Justice: All programs, services, and regulatory activities relating to law enforcement, public safety, and the administration of justice, including courts and correctional institutions; commerce and industry, including general economic development, banking and finance, consumer protection, insurance, and small business; planning, development, and regulation (unless assigned to other designated agencies); state and local government support services (e.g., audit, personnel, comptroller, administrative services); (ADA Transition Plan 2021) City of Pico Rivera
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all other government functions not assigned to other designated agencies.
o (7) Department of Labor: All programs, services, and regulatory activities relating to labor and the work force.
o (8) Department of Transportation: All programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non-law enforcement), automobile licensing and inspection, and driver licensing. • (c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section may be assigned to other specific agencies by the Department of Justice.
• (d) If two or more agencies have apparent responsibility over a complaint, the Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint.
• (e) When the Department receives a complaint directed to the Attorney General alleging a violation of this part that may fall within the jurisdiction of a designated agency or another Federal agency that may have jurisdiction under section 504, the Department may exercise its discretion to retain the complaint for investigation under this part.
§§ 35.191—35.999 [Reserved]
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California Government Code 12926
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California Government Code 12926
(i) “Medical condition” means either of the following:
(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following:
(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or that person’s offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.
(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or that person’s offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(j) “Mental disability” includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.
(C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
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(k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.
(l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status.
(m) “Physical disability” includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section:
(i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.
(n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by (ADA Transition Plan 2021) City of Pico Rivera
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reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m).
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California Government Code 11135
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California Government Code 11135
GOVERNMENT CODE – GOV
1.1.1.1 TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] (Title 2 enacted by Stats. 1943, Ch. 134.)
1.1.1.2 DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986] (Division 3 added by Stats. 1945, Ch. 111.)
1.1.1.3 PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11898] (Part 1 added by Stats. 1945, Ch. 111.)
1.1.1.4 CHAPTER 1. State Agencies [11000 - 11148.5]
(Chapter 1 added by Stats. 1945, Ch. 111.)
1.1.1.4.1 ARTICLE 9.5. Discrimination [11135 - 11139.8] (Article 9.5 added by Stats. 1977, Ch. 972.)
1.1.1.4.1.1 11135.
(a) No person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b) With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions. (c) The protected bases referenced in this section have the same meanings as those terms are defined in Section 12926.
(d) The protected bases used in this section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. (ADA Transition Plan 2021) City of Pico Rivera
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(Amended by Stats. 2016, Ch. 870, Sec. 4. (SB 1442) Effective January 1, 2017.)
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California Government Code 4450
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California Government Code 4450
1.1.1.5 GOVERNMENT CODE – GOV
1.1.1.6 TITLE 1. GENERAL [100 - 7914]
(Title 1 enacted by Stats. 1943, Ch. 134.)
1.1.1.7 DIVISION 5. PUBLIC WORK AND PUBLIC PURCHASES [4000 - 4563] (Division 5 enacted by Stats. 1943, Ch. 134.)
1.1.1.7.1 CHAPTER 7. Access to Public Buildings by Physically Handicapped Persons [4450 - 4461]
(Chapter 7 added by Stats. 1968, Ch. 261.)
1.1.1.7.1.1 4450.
(a) It is the purpose of this chapter to ensure that all buildings, structures, sidewalks, curbs, and related facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall be accessible to and usable by persons with disabilities. (b) The State Architect shall develop and submit proposed building standards to the California Building Standards Commission for approval and adoption pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code and shall develop other regulations for making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities. The regulations and building standards relating to access for persons with disabilities shall be consistent with the standards for buildings and structures that are contained in pertinent provisions of the latest edition of the selected model code, as adopted by the California Building Standards Commission, and these regulations and building standards shall contain additional requirements relating to buildings, structures, sidewalks, curbs, and other related facilities the State Architect determines are necessary to assure access and usability for persons with disabilities. In developing and revising these additional requirements, the State Architect shall consult with the Department of Rehabilitation, the League of California Cities, the California State Association of Counties, and at least one private organization representing and comprised of persons with disabilities. (c) In no case shall the State Architect’s regulations and building standards prescribe a lesser standard of accessibility or usability than provided by the Accessibility Guidelines prepared by the federal Access Board as adopted by the United States Department of Justice to implement the Americans with Disabilities Act of 1990 (Public Law 101-336).
(d) On or before December 31, 2010, the Division of the State Architect shall prepare and submit to the United States Department of Justice for certification proposed amendments to Part 2 of Title 24 of the California Code of (ADA Transition Plan 2021) City of Pico Rivera
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Regulations that would ensure California’s building standards for disability access in commercial occupancies are consistent with the federal regulations cited in subdivision (c).
(Amended by Stats. 2008, Ch. 549, Sec. 5. Effective January 1, 2009.) (ADA Transition Plan 2021) City of Pico Rivera
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City of Pico Rivera Notice of ADA Compliance
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City of Pico Rivera
ADA Notice Dissemination Plan
Title II of the ADA, 28 CFR 35.106 requires that the City of Pico Rivera produce and disseminate a notice of their ADA compliance.
The notice should be written clearly without undue complication. It should discuss what ADA requirements the entity is held to, the name of the ADA Coordinator, and provide current contact information enabling an individual to contact the ADA Coordinator. The notice should cover areas regarding:
Employment;
Effective Communication;
Making reasonable modification to policies and programs; An explanation of the non-surcharge requirement concerning the provision of auxiliary aides and services; and
Information regarding the grievance process.
In considering how to disseminate this document, the City should identify the impacted parties who would have an interest in the notice. The notice dissemination plan should address the frequency of notice dissemination. Methods of dissemination may include:
The City’s website;
Local Newspaper(s);
City Publications;
Posters on City facilities;
Inclusion of notice for special activities;
Within transportation systems provided by the City;
Within Disability Advisory Council meetings and materials; and Other forms in which impacted stakeholders might be present.
Not all of the above notice dissemination methodologies may be necessary to effectively disseminate the notice. It is recommended that the City have a Notice Dissemination Plan that is well thought out to ensure full notice is provided City-wide at appropriate intervals. (ADA Transition Plan 2021) City of Pico Rivera
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City of Pico Rivera
Notice of Compliance under ADA & California State Law
In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the Americans with Disabilities Amendments Act of 2008, the Fair Employment & Housing Act (FEHA), California Government Code Section 11135 and other applicable codes, the City of Pico Rivera does not discriminate against individuals on the basis of disability in its services, programs or activities.
Employment: The City of Pico Rivera does not discriminate on the basis of disability in its hiring or employment practices and will comply with the Fair Employment and Housing Act, as well as Title I of the ADA, including the regulations promulgated by the U.S. Equal Employment Opportunity Commission (EEOC), including the requirement to provide reasonable accommodations.
Effective Communication: The City of Pico Rivera will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities, including sign language interpreters, documents in Braille, and other alternate formats to ensure information and communication is accessible to people who have speech, hearing, vision, or cognitive impairments so they can participate equally in the programs, services and activities.
Modification to Policies and Procedures: The City of Pico Rivera will make reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to participate in all of its programs, services and activities. For example, individuals with service animals behaving within applicable standards are welcome in offices and City facilities, even when pets are generally prohibited.
Anyone who requires auxiliary aides and services for effective communication, or a modification of policies or procedures to participate in a program, service or activity in the City of Pico Rivera, should communicate with the responsible Department contact as soon as possible, but no later than 48 hours before the scheduled event.
Neither the ADA, nor State law requires the City of Pico Rivera to take action that would fundamentally alter the nature of its programs, activities or services, or impose an undue financial or administrative burden. Complaints that a program, activity or service of the City of Pico Rivera are not accessible should be directed to the ADA Coordinator, Luisa Najera, 6615 Passons Boulevard, Pico Rivera CA 90660, 562-801-4396 (voice), or 711, (California Relay), [email protected]
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The City of Pico Rivera will not place a surcharge on a particular individual with a disability or a group of individuals with disabilities to cover the cost of providing auxiliary aids and services or making a reasonable modification to a policy to create access. (ADA Transition Plan 2021) City of Pico Rivera
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ADA Grievance Procedure for the City of Pico Rivera
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Grievance Procedure Under ADA or
California State Disability Civil Rights Laws
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”), the Americans with Disabilities Amendments Act (ADAAA) and California State law. It may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the City of Pico Rivera. The City’s Disability Discrimination Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination, such as name, address, phone number of the complainant, and location, date and a description of the problem(s). The City’s Grievance Procedure form is available online at www.pico-rivera.org or at the City of Pico Rivera located at City Hall, 6615 Passons Boulevard, Pico Rivera CA 90660. Alternative means of filing a complaint, such as personal interviews or a tape recording the complaint, are available to persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
Luisa Najera
Citywide ADA Coordinator
6615 Passons Boulevard
Pico Rivera CA 90660
TEL 562-801-4396
[email protected]
California Relay, 711
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will schedule a meeting with the complainant to discuss the complaint and possible resolutions. After an investigation and review, the ADA Coordinator will respond in writing and, where appropriate, in a format accessible to the complainant. The response will explain the City’s position on the issue and offer options for substantive resolution of the complaint.
If the response by ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager.
After receiving the appeal, the City Manager or his/her designee will review the appeal and the ADA Coordinator findings. Within a reasonable period, after a review, the City Manager or his/her designee will respond in writing and, where appropriate in a format that is accessible to the complainant, with a final resolution to the complaint. (ADA Transition Plan 2021) City of Pico Rivera
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All written complaints received by Luisa Najera or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices, will be retained by the City for at least three years.
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Roster of City of Pico Rivera Staff Who Contributed to the Report (ADA Transition Plan 2021) City of Pico Rivera
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City Manager’s Office
Katherine Fuentes – Assistant City Manager
City Clerk’s Office
Anna Jerome – City Clerk
Community and Economic Development
Julia Gonzalez – Deputy Director
Finance / Human Resources / Risk Management / Information Technology Luisa Najera - Senior Analyst
Paul Gandara - IT Technician
Parks and Recreation / Media & Communications
Sonya Patterson – Interim Director
Kaili Torres – Senior Analyst
Public Works / Engineering
Luis Osuna – Assistant City Engineer
Monica Heredia - Deputy Director/City Engineer
Carlos Del Toro – Public Works Supervisor
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Resources
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Federal Resources
The United States Department of Justice
Scope of services:
Technical assistance
Enforcement
Mediation
Regulations
Certification of state and local building codes
US Department of Justice
950 Pennsylvania Ave. NW.
Civil Rights Division
Disability Rights Section – NYA
Washington, DC 20530
202-307-0663
800-514-0301, Technical Assistance Voice
800-513-0383 (TTY)
ADA.gov
Equal Employment Opportunity Commission
Scope of services Employment
Technical assistance
Enforcement
Training
Regulations
Mediation
800-669-4000
800-669-6820(TTY)
eeoc.gov
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United States Access Board
Scope of services:
Creation of guidelines and standards
Training
Enforcement of the ABA
Research
United States Access Board
1331 F St. NW., Suite 1000
Washington DC, 20004-1111
800-272-0008, voice
800-872-2253 (TTY)
[email protected]
https://www.access-board.gov/
Jobs Accommodation Network (JAN)
Scope of services accommodation related
Consultation
Technical assistance
Training
Mailing address:
Job Accommodation Network
PO Box 6080
Morgantown, WV 26506-6080
800-526-7234, Voice
800-ADA-work, Voice
877781-9403, TTY
Askjan.org
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California State Resources
The Department of Fair Employment and Housing
Scope of services:
Training
Mediation
Enforcement
2218 Kaiden Drive, Suite 100
Elk Grove, CA 95758
800-884-1684, Voice
800-700-2320 (TTY)
DFEH.ca.gov
California Department of Rehabilitation, (Disability Services Section) Scope of services:
Training
Technical assistance
721 Capital Mall
Sacramento, CA 95814
Voice: 1-916-558-5755
TTY: 1-844-729-2800
https://www.dor.ca.gov/Home/DisabilityAccessServices
California Commission on Disability Access
Scope of services:
Technical assistance
400 R St., Suite 310
Sacramento CA 95811
916-319-9974
711, California Relay
ccda.ca.gov
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Access Compliance Survey Reports
The Access Compliance Survey Reports are available for review upon request.
Note: Request for information may require the plan to be readily available in accessible format(s) other than the current editable excel format (i.e. Word, PDF, font size). Jensen Hughes suggests that options are provided to requestors within a reasonable timeframe. 12 LosCerritosNews.net To advertise call 562-407-3873 APRIL 15, 2022
NOTICE OF PUBLIC HEARING
BY THE CITY OF PICO RIVERA
REGARDING THE
AMERICAN WITH DISABILITIES ACT SELF EVALUATION AND TRANSITION PLAN NOTICE IS HEREBY GIVEN that a public hearing will be held before the Pico Rivera City Council to consider the adoption of and accept public comments on its draft American with Disabilities Act (ADA) Self Evaluation and Transition Plan, which was prepared by Jensen Hughes Consultants for the City of Pico Rivera, evaluating city programs and services as well as physical barriers to those with disabilities. This ADA Self Evaluation and Transition Plan was developed in compliance with the Federal ADA Act and with applicable sections of the Government Code of the State of California.
The information for the public hearing is as follows:
WHEN: April 26, 2022
TIME: 6:00 pm
WHERE: City Hall Council Chambers
6615 Passons Boulevard
Pico Rivera, CA 90660
TELEPHONE: (562) 801-4389
PERSONS INTERESTED IN THIS MATTER may correspond with the City Clerk’s Office by using the email address provided below. If you challenge the consideration of adoption of the proposed in court, you may be limited to raising only those issues you or someone else raised at the public hearing by correspondence email that was sent to the City Clerk’s Office prior to the public hearing.
Copies of all relevant material are available for inspection upon request in the Office of the City Clerk in the City of Pico Rivera, City Hall at 6615 Passons Boulevard, Pico Rivera, California.
Certain provisions of the Brown Act are temporarily waived pursuant to Governor Newsom’s Executive Order N-25-20 and N-2920. City Council meetings can be attended in person or viewed live on CTV3 and the City’s Website at www.pico-rivera.org. If you wish to submit a public comment on this matter, you may do so in advance by e-mail to the City Clerk’s Office at [email protected] prior to 4:00 p.m. on the day of the meeting. Please provide your full name and reference this subject matter: “ADA Self Evaluation and Transition Plan” In compliance with the Americans with Disability Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna M. Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special request must be made in a reasonable amount of time in order that accommodations can be arranged.
******************************************************************************* In compliance with the Americans with Disability Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna M. Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special request must be made in a reasonable amount of time in order that accommodations can be arranged.
Published at Los Cerritos Community News 4/15/22
Enclosure 3
Tuesday, April 12, 2022
A Regular Meeting of the City Council and Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Mayor/President Dr. Sanchez called the regular meeting to order at 6:03 p.m. on behalf of the City Council and Water Authority.
PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
INVOCATION: Delivered by Councilmember Lara
PLEDGE OF ALLEGIANCE: Led by Eagle Scout Anthony Franco SPECIAL PRESENTATION(S):
• Certificate of Recognition presented to Eagle Scout Anthony Franco PUBLIC COMMENTS:
Lauren Talbott, Pico Rivera Library Manager:
• Addressed the City Council regarding the Library’s upcoming events and activities.
The following speakers addressed the City Council regarding public parking concerns on Durfee Avenue and the north side of Pico Rivera:
• Rachel Duran
• Lorraine McGhghy
• Martin Morones, American Legion Post 341 Commander
Jose Sanchez:
• Addressed the City Council regarding the thumping, vibration and jolting on Rosemead Boulevard due to a trench repair.
In regard to Mr. Sanchez’ public comment, Public Works Interim Director Rodrigue stated that the permanent repair to the trench on Rosemead Boulevard is expected to begin in two weeks once the current project with SiFi Network is complete.
Mayor Dr. Sanchez asked staff to look into the Durfee Avenue corridor uses to assist in the parking concerns addressed by the speakers.
CONSENT CALENDAR ITEMS:
4-12-22.CityCouncilMinutes