SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FONTANA, CALIFORNIA, Attachment F

Attachment F: Modifications to Newly Constructed Facilities

1. By July 1, 2006, the City will complete the following modifications to the Environmental Learning Center located at 16489 Orange Way.

a. The ramp is inaccessible because there is no edge protection at the top landing. Provide edge protection at least 2 inches high at the drop off sides. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.7.

b. The service counter at the front reception is inaccessible because it is 30 inches wide. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

c. Women’s Toilet Room

i. The toilet room sign on the women’s room is on the door. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The toilet seat cover dispenser is inaccessible because the controls are mounted at 58 inches above the finished floor behind the toilet. Provide a toilet seat cover dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

iii. The lavatory is inaccessible because of a cabinet and water purification system next to and under the lavatory. Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

iv. The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

d. Men’s Toilet Room

i. The toilet room sign on the men’s room is on the door. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

iii. The lavatory is inaccessible because the trash can is obstructing the required clear floor space under the lavatory. Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

2. By July 1, 2006, the City will complete the following modifications to the Metrolink Station located at 16777 Orange Way.

a. Parking

i. Although the parking lot has more than 500 total parking spaces, an inadequate number are designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance to the train platform, provide 2 van accessible spaces and 8 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

b. Toilet Rooms

i. The toilet room sign is mounted on the door. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

3. By July 1, 2006, the City will complete the following modifications to Koehler Park located at 15352 Walnut Avenue.

a. Parking

i. The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a “Van-Accessible” sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

ii. The parking reserved for persons with disabilities is inaccessible because there is no van accessible access aisle provided. Provide designated van accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.1.2(5)(b), 4.6.3, Fig.9.

iii. The parking reserved for persons with disabilities lacks appropriate signage. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

iv. The built-up curb ramp impermissibly extends into the required parking space’s access aisle. Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.7.6.

b. Men’s Toilet Rooms

i. The urinal is inaccessible because the rim is 21 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

ii. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted above the grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

iii. The grab bars at the toilet in the designated accessible stall are inaccessible because the space is 1¾ inches between the side grab bar and the wall. Provide grab bars such that the gap is 1½ inches between the grab bar and the wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

iv. The grab bars at the toilet in the designated accessible stall are inaccessible because the space is 2 inches between the rear grab bar and the wall. Provide grab bars such that the gap is 1½ inches between the grab bar and the wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

c. Women’s Toilet Room

i. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted above the grab bar and 44 inches above the finished floor. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

ii. The grab bars at the toilet in the designated accessible stall are inaccessible because there is a 1¾ inch gap between the grab bar and the wall. Provide grab bars such that the gap is 1½ inches between the grab bar and the wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

4. By July 1, 2006, the City will complete the following modifications to the McDermott Sports Complex located at 7846 S. Heritage Loop.

a. Men’s Toilet Room

i. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted 40 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

b. Women’s Toilet Room

i. The sanitary napkin/tampon dispenser in the designated accessible stall is inaccessible because it requires tight grasping, pinching, or twisting of the wrist to operate. Provide a sanitary napkin/tampon dispenser with controls that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

ii. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted 39 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

c. Although the parking lot has a total of 124 parking spaces, an inadequate number are designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

5. By July 1, 2006, the City will complete the following modifications to the Heritage Pool Complex at 7350 W. Liberty Parkway.

a. There are no designated accessible parking spaces reserved for persons with disabilities. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and at least one standard space designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

b. Employee Toilet Room and Lavatory

i. The employee single user toilet room and lavatory contain a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

c. Women’s Toilet Room

i. The toilet room sign is not mounted on the latch side of the door and does not have raised characters or Braille. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The paper towel dispenser is inaccessible because the controls are mounted at 55 inches above the finished floor with a forward reach only. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

d. Men’s Toilet Room

iii. The designated accessible toilet stall is inaccessible because there is insufficient clear floor space. Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards §§ 4.1.3(11), 4.22.4, 4.17, Fig. 30.

6. By July 1, 2006, the City will complete the following modifications to Hunter’s Ridge Park located at 5220 Cherry Avenue.

a. Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

7. By July 1, 2006, the City will complete the following modifications to San Sevaine Park located at 5444 Cherry Avenue.

a. Men’s Toilet Room

i. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

b. Women’s Toilet Room

c. The parking reserved for persons with disabilities is inaccessible because the van accessible access aisle is 94 inches wide. Provide designated van accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.1.2(5)(b), 4.6.3, Fig.9.

d. Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

8. By July 1, 2006, the City will complete the following modifications to Rozena Park located at 15057 Greys Peak.

a. Men’s Toilet Room

i. The toilet room sign is mounted 80 inches above the finished floor and has no Braille. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. Women’s Toilet Room

c. Men’s Toilet Room

i. The urinal is inaccessible because the rim is 25 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

d. The “wall-mounted” drinking fountains between the men’s and women’s toilet rooms are inaccessible because there is not sufficient clear floor space around the fountains. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards §§ 4.1.3(10), 4.15.5(1), Figs. 27(a), (b).