Burton Attachment I

Attachment I: Modifications to Altered Facilities

Pursuant to Paragraph 49 of the Agreement, within three months of the effective date of the Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

In order to ensure that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

1. Within three years of the effective date of this Agreement, the City shall complete the following modifications to the City Hall Offices:

a. Level 2 Parking (Existing element: program access standard applies)

i. The access aisle for the "van-accessible" parking space is less than 96 inches wide. Provide a designated van accessible parking space that is a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.6.3, Fig.9.

ii. The surface of the parking spaces designated for people with disabilities and their accompanying access aisles exceeds a slope of 1:50. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.3.6, 4.5.1, 4.6.3.

iii. Due to cracked pavement, the transition between the parking lot and the curb ramp has a change in level greater than ½ inch. Provide and maintain at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.

b. Level 2 Entrance (Existing element; program access standard applies)

i. The landing in front of the entrance is not level. Provide a designated accessible entrance that has a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25. Standards §§ 4.13, Figs. 24, 25.

c. Lift (Altered element)

i. The lift cannot be used without assistance. Provide a lift that is on an accessible route; has interior dimensions of at least 30 inches by 48 inches; facilitates unassisted entry, operation, and exit; has a floor surface that is firm, stable, and slip-resistant, or, if carpeted, has a carpet with a pile that is no more than ½ inch deep; has a change of level at the entrance that is no more than ½ inch and beveled. Ensure that the lift has operating controls that are located between 15 and 48 inches above the floor for a front approach or between 9 and 54 inches above the floor for a side approach; that are usable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate; and that require a force no greater than 5 lbf to operate. Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.11.

d. Council Chambers (Altered element)

i. The doors require more than 5 pounds of pressure to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. There are no handrails on the ramp leading to the dias. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

iii. The is an audio-amplification system in the Council Chambers but no assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

e. Drinking Fountain (Altered element)

i. The bottom leading edge of the drinking fountain located outside the Council Chambers protrudes into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

f. Men's Toilet Room with Stalls Lower Level Outside Council Chambers (Altered element)

i. The door requires 14 pounds of pressure to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. The toilet paper dispenser is 53 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), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

g. Women's Toilet Room with Stalls Lower Level Outside Council Chambers (Altered element)

i. The door requires 14 pounds of pressure to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

h. Level 3 parking (Existing element; program access standard applies)

i. Although 2 of the 47 parking spaces are reserved for persons with disabilities, neither is designated as "van accessible." On the shortest accessible route to the accessible entrance, provide one van accessible space and one standard space 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 §§ 4.6, 4.30.7(1).

i. Ramp to Level 3 Entrance (Existing element; program access standard applies)

i. The ramp only has a handrail on one side, the handrail does not extend 12 inches beyond the top and bottom of the ramp, and the handrail is mounted at 41 inches above the ramp surface. Moreover, the top landing is only 47-1/2 inches long. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

j. Drinking Fountain Level 3 Outside Toilet Rooms (Existing element; program access standard applies)

i. The drinking fountain is too high to be used by people who use wheelchairs; the height of the spout is 41-½ inches above the finished floor; and no knee space is provided. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Standards §§ 4.15, 4.27.4, Fig. 27.

k. Men's Toilet Room with a Stall Level 3 (Existing element; program access standard applies)

i. There is no toilet stall accessible to persons who use wheelchairs and there is no signage directing people with disabilities to the accessible toilet rooms on Level 1. Provide accessible directional signage with the International Symbol of Accessibility indicating the location of the accessible toilet rooms on Level 1. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

l. Level 3 Women's Toilet Room with Stalls (Existing element; program access standard applies)

m. Parking Level 1 (Existing element, program access standard applies)

i. Although 2 of the 13 parking spaces are reserved for persons with disabilities, neither is designated as "van-accessible" and there are no access aisles. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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).

n. Entrance Level 1 (Existing element; program access standard applies)

i. The threshold at the single-hinged door to the entrance is 3/4 inches. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

o. Door Controller's Office (Existing element; program access standard applies)

i. The door has a round door knob. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

p. Level 1 Toilet Rooms near Controller's Office (Existing element; program access standard applies)

i. Neither the women's nor the unisex toilet rooms is accessible to people who use wheel chairs and there is no signage directing people with disabilities to the accessible toilet rooms. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

2. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Atherton-Burton Library located at 4012 East Atherton:

a. Parking (Existing element; program access standard applies)

i. Although there are 2 spaces reserved for persons with disabilities, there are inadequate access aisles and pavement markings, and pot holes and infirm pavement surfaces. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and one standard space 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. Women's Toilet Room Single User (Altered element)

i. The door sign is mounted on the door at 69 inches above the finished floor. Provide a toilet room sign with the International Symbol of Accessibility and 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The lavatory hot water and drain pipes are not covered or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

iii. The toilet 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), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

iv. The toilet paper dispenser is mounted above the side grab bar and 41 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), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

c. Men's Toilet Room Single User (Altered element)

iii. The distance of the toilet paper dispenser to the rear wall is 40 inches. 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), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).