Report-S-954XX

City of Sebastopol ADA and California Civil Code Violations
HolLynn D’Lil
3027 Arroyo Court, P. O. Box 160, Graton, CA 95444
(707) 829 9440 - land, (707) 829 9021 - fax,
hdlil@comcast.net
August 9, 2005

City Manager: David D. Brennan City Administration
7120 Bodega Avenue Sebastopol CA 95472

Dear Mr. Brennan:
Thank you for your letter of June 23.
I appreciate that Sebastopol has made efforts to comply with the ADA. However a Transition Plan is a requirement of the law. By your letter, you acknowledge that the City has not complied with the requirements of the Americans with Disabilities Act (ADA), requiring the development of a Transition Plan. A Self Evaluation of all city programs and services is also required. Has the City of Sebastopol failed to complete a Self Evaluation, also? This should be of concern to you as the City Manager, responsible for assisting the City to comply with all applicable laws and regulations.
Furthermore, regarding the barrier removal you have undertaken, I am very concerned about the quality. For example, you mention the library as a city facility that has received the City’s barrier removal attention. The ramp approach to the library has a severe cross slope. It does not comply with either Federal or state code, and is very difficult to traverse.
In addition, I have tried to park in the City parking lot on the East side of High Street south of Bodega Avenue. The designated accessible spaces do not have access loading aisles, making them unusable. In addition, the parking lot does not have a tow away sign. Furthermore, there are between 50 and 75 total spaces and only two accessible spaces. For that number there should be three total accessible spaces, including one van accessible space. The path of travel from one of the inaccessible spaces (erroneously designated as accessible) requires the occupant of the vehicle to travel behind another parked car to access the side walk. This is a violation of California Building Code. In addition, there is no accessible route from the designated inaccessible parking spaces to the businesses fronting Petaluma Avenue, which the parking lot serves.
The on-street parking provided for persons with disabilities and marked by blue curbs on Bodega Avenue and High Street are adjacent to benches and trees, making them unusable by not provided a clear loading space as required by Federal and state codes.
The dangerous curb ramps I mentioned in my previous letter are on North Main Street. If they are under the jurisdiction of CalTrans, please let me know. I will file a formal complaint with the appropriate state and Federal agencies.
In addition, I am enclosing a letter written to the Sebastopol Building Official, under your oversight, dated June 23, 2005 to which I have received no response. I am very concerned that this letter has not received a response from the person whom you stated in your letter has responsibility for ADA compliance and "new situations that come to our attention." I would appreciate your attention to this issue, and the soonest response to my letter.
As you do not have a Transition Plan, please provide for the a copy of the "barrier inventory" completed in 1992. Please provide the budget details describing what monies have been spent since 1993 to resolve ADA, California Civil Code and California Government Code compliance issues.
I look forward to your response. Thank you for your time and consideration.
Sincerely,
HolLynn D’Lil

Attachments: Copy of letter sent to City of Sebatopol June 5, 2005, and
letters sent to City of Sebastopol Building Office, Mr. Gleen Schainblatt,
June 23, 2005 and June 5, 2005
cc: California Deputy Attorney General Alberto Gonzales
Peter Siggins, California Counsel for Governor
Sebastopol City Council Members: Mayor Larry Robinson, Mayor Pro Tem Sarah Glade Gurney, Linda Kelley, Craig Litwin, Sam Pierce
and other
representatives of state and Federal government
as well as parties in the need to know of broad spread and chronic lack of compliance with Disability Civil Rights Laws and Regulations
frederickd.isler@fhwa.dot.gov [frederickd.isler@fhwa.dot.gov]; norman.mineta@ost.dot.gov [norman.mineta@ost.dot.gov]; Bobo, Karen [karen.bobo@fhwa.dot.gov]; Alberto.Gonzalez@doj.ca.gov [alberto.gonzalez@doj.ca.gov]; okabel@cacities.org [okabel@cacities.org]; debi.hobson@calchamber.com [debi.hobson@calchamber.com]; jeanne.cain@calchamber.com [jeanne.cain@calchamber.com]; dominic.dimare@calchamber.com [dominic.dimare@calchamber.com]; JeffreyH@hellermanus.com [jeffreyh@hellermanus.com]; Pete Guisasola (E-mail) [peteg@rocklin.ca.gov]; O'Neill, Kevin [kevin.o'neill@asm.ca.gov]; SHELLEY.CURRAN@SEN.CA.GOV [shelley.curran@sen.ca.gov]; Baker, Kevin [kevin.baker@asm.ca.gov]; Marsha Mazz [mazz@access-board.gov]; Janet Blizard [janet.l.blizard@usdoj.gov]; Peter Siggins [peter.siggins@gov.ca.gov]; Steve Castellanos [scastellanos@chongpartners.com]; Jim Abrams [jabrams@chlaonline.com]; david.thorman@dgs.ca.gov [david.thorman@dgs.ca.gov]; michael.winter@fta.dot.gov [michael.winter@fta.dot.gov]; Conrad, Richard Richard.Conrad@dgs.ca.gov
===============April================
HolLynn D’Lil
3027 Arroyo Court
P. O. Box 160
Graton, CA 95444

April13, 2005

Owner
R. S. Basso
186 N. Main
Sebastopol, CA 95472

Dear Owner:

I have had the pleasure of shopping in your store on Main Street in Sebastopol. Consequently, I was much interested in shopping at your Outlet store on Depot Street. However, as someone who is wheelchair mobile, I was appalled to see that it is impossible for me to shop at the Outlet because there is no accessible parking and there is a step before the door.

I am forwarding a copy of this letter to the Sebastopol Building Department. The Building Department is responsible for enforcing state laws requiring accessibility for persons with disabilities. I ask that you seek the guidance of the Building Department and provide the required accessible parking and entrance as soon as possible.

In addition to your obligations under state law, the Americans with Disabilities Act also requires your facility to be accessible. Please respond to me within three weeks of the date of this letter as to the progress you have made.

Information on how to comply with state regulations for accessibility is available at theweb site of the California State Architect at www.dsa.ca.gov. Information on how to comply with the Americans with Disabilities Act is available at http://www.access‑board.gov/adaag/html/adaag.htm and http://www.usdoj.gov/crt/ada/adahom1.htm .

There is a substantial tax credit available to business for barrier removal. If you need assistance in finding out about these tax incentives, you may visit the U.S. Access Board’s web site: http://www.access‑board.gov/ .
Sincerely,




HolLynn D’Lil

cc: Deputy Building Official: Glenn Schainblatt
Alberto Gonzales, California Deputy Attorney General
=========================June==========
HolLynn D’Lil
3027 Arroyo Court
P. O. Box 160
Graton, CA 95444
(707) 829 9440 - land, (707) 829 9021 - fax, hdlil@comcast.net


June 5, 2005




City Manager: David D. Brennan City Administration
7120 Bodega Avenue Sebastopol CA 95472

Dear Mr. Brennan:

As a wheelchair user and a newcomer to the Sebastopol area, I am finding it very difficult to travel about Sebastopol. Most of curb ramps in downtown Sebastopol are too steep. Some are so excessively steep that I cannot use them without going over backwards. In addition, I have noticed that the city parking lots do not provide compliance accessible parking spaces.

Please provide a copy of your Transition Plan for barrier removal to your programs and services as required by the ADA to be developed by local governments in 1992. Have you updated your plan since 1992? Do you have an advisory committee working with the City to bring it into compliance?

If you have 50 or more city employees, you should have an ADA Coordinator. I could not find such a person on your web site. If you have an ADA Coordinator, is that person empowered to make vital decisions to bring the City into compliance with the ADA and California disability civil rights laws? Would you please forward to the me name and number of your ADA Coordinator, if the City has one.

I would be pleased to provide for you any information that will assist you in address the issues I am bringing to your attention. As a former accessibility consultant for the State of California, I have provided many trainings and seminars on how to write a transition plan and how to bring buildings and facilities into compliance with Federal and state accessibility laws and regulations.

I look forward to your response. Thank you for your time and consideration.

Sincerely,




HolLynn D’Lil

cc: California Deputy Attorney General Alberto Gonzales
Sebastopol City Council Members: Mayor Larry Robinson, Mayor Pro Tem Sarah Glade Gurney, Linda Kelley, Craig Litwin, Sam Pierce
===========June====================

HolLynn D’Lil
3027 Arroyo Court
P. O. Box 160
Graton, CA 95444
(707) 829 9440 - land, (707) 829 9021 - fax, hdlil@comcast.net

June 5, 2005


Mr. Glenn Schainblatt
Deputy Building Official
Building and Safety
7425 Bodega Avenue
Sebastopol, CA 95472

Dear Mr. Schainblatt:

April 13, 2005, I forwarded to you a copy of a letter to the owner of R.S. Basso Furniture Store. R.S. Basso Stores have newly opened an outlet store on Depot Street which is totally inaccessible to persons with disabilities. Specifically, there is no accessible parking provided, and there is a step to the entrance. I do not know what other building code violations may exist there.

California Health and Safety Code, Section 19958, and the California Government Code, Section 4450 state, "It is the intent of the Legislature that the Building Standards, published in the State Building Standards Code relating to access by the physically handicapped and the other regulations adopted by the State Architect, pursuant to Section 4450, shall be used as minimum requirements to ensure that buildings, structures and related facilities covered by this chapter are accessible to, and functional for, the physically handicapped to, through, and within their doors, without loss of function, space or facility where the general public is concerned. Any unauthorized deviation from such regulations or building standards shall be rectified by full compliance within 90 days after discovery of the deviation"

It has been about 42 days or so since you have received notification of the violations at the R.S. Basso Outlet Store. The store remains inaccessible. Please respond within two weeks as to the steps you are taking to bring the store into compliance. The 90-day period will expire by July 13.

Please see the enclosed letter dated April 13, 2005. This is the second time I have forwarded this letter to you.

Thank you for your time and consideration.

Sincerely,




HolLynn D’Lil

cc: Alberto Gonzales, Deputy California Attorney General
=============June===============
HolLynn D’Lil
3027 Arroyo Court
P. O. Box 160
Graton, CA 95444
(707) 829 9440 - land, (707) 829 9021 - fax, hdlil@comcast.net

June 23, 2005





Mr. Glenn Schainblatt
Deputy Building Official
Building and Safety
7425 Bodega Avenue
Sebastopol, CA 95472

Dear Mr. Schainblatt:

Thank you for your letter of June 26. I would like to bring to your attention building code requirements which cover alterations. A change of occupancy is an "alteration" under UBC 402 (n) which defines an alteration as "any change addition or modification in construction or occupancy." In Chapter 11B of the California Code of Regulations Title 24, a change in occupancy or change in primary function is "alteration" for purposes of triggering the California Building code and is included in the definition for alteration as follows: SECTION 202 - A “[For DSA/AC] ALTER or ALTERATION is any change, addition or modification in construction or occupancy or structural repair or change in primary function to an existing structure other than repair or addition.”

If the building where the Basso Furniture Outlet store is located on Depot Street has undergone a change of occupancy since 1982, it is covered by California Building Code requirements for accessibility to alterations. Please forward to me a copy of the building records for 6828 Depot Street.

Thank you for your time and attention to this matter.

Sincerely,




HolLynn D’Lil

cc: Alberto Gonzales, Deputy California Attorney General
==================end========