Report SR-949XX

City of San Rafael - Complaint - Access Violations - 3rd and Lootens Parking Garage
8/18/2005
Summary:
As explained in the attached City of San Rafael Complaint Form, recently, when using the walkway to get to my vehicle after leaving San Rafael Joe's Restaurant on 4th Street, I came to an abrupt stop and actually fell out of my wheelchair due to the illegal trench drain at the bottom of the illegally designed walkway (a ramp - the walkway is clearly steeper than 5% - with no interim level landings and no handrails).

Although I understand that the City of San Rafael is under direction from the U.S. Department of Justice to correct violations within that facility by August 5, 2006, that requirement doesn't respond to my complaint and the fact that the City of San Rafael has a very unsafe condition in the non-complying walkway and the connecting gutter at the base of the walkway where the walkway connects to the garage. Additionally, although the U.S. DOJ complaint describes the violations within the garage, apparently the individual who inspected the garage didn't review the walkway that I described in my complaint.
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Re: City of San Rafael - Complaint - Access Violations - 3rd and Lootens Parking Garage
Date:8/18/2005
From:rmskaff@comcast.net
To:Rod.Gould@ci.san-rafael.ca.us, Eric.Davis@ci.san-rafael.ca.us, Ken.Nordhoff@ci.san-rafael.ca.us
CC:Scott.Schneider@ci.san-rafael.ca.us, Peter.Siggins@GOV.CA.GOV, SHELLEY.CURRAN@SEN.CA.GOV, Kevin.Baker@asm.ca.gov, mazz@ACCESS-BOARD.GOV, janet.l.blizard@usdoj.gov, Alberto.Gonzalez@doj.ca.gov, frederickd.isler@fhwa.dot.gov, Brenda.Armstead@fhwa.dot.gov, Karen.Bobo@fhwa.dot.gov, michael.winter@fta.dot.gov
______________________________
8/18/05

Mr. Ken Nordhoff
Assistant City Manager/ADA Coordinator
City of San Rafael
1400 5th Avenue
San Rafael, California

Mr. Nordhoff,

As you can see, I have copied and pasted your letter to me which responds to my attached complaint regarding the 3rd and Lootens Streets City of San Rafael Parking Garage and public walkway from 4th Street to that garage. As explained in the attached City of San Rafael Complaint Form, recently, when using the walkway to get to my vehicle after leaving San Rafael Joe's Restaurant on 4th Street, I came to an abrupt stop and actually fell out of my wheelchair due to the illegal trench drain at the bottom of the illegally designed walkway (a ramp - the walkway is clearly steeper than 5% - with no interim level landings and no handrails).

Although I understand that the City of San Rafael is under direction from the U.S. Department of Justice to correct violations within that facility by August 5, 2006, that requirement doesn't respond to my complaint and the fact that the City of San Rafael has a very unsafe condition in the non-complying walkway and the connecting gutter at the base of the walkway where the walkway connects to the garage. Additionally, although the U.S. DOJ complaint describes the violations within the garage, apparently the individual who inspected the garage didn't review the walkway that I described in my complaint.

There is no reason for me to meet with you as you suggested. The access violations are very apparent to anyone knowledgeable about state and federal access codes and regulations. Within the next ten days, please provide me with a response as to what the City of San Rafael is going to immediately do to resolve the extremely dangerous condition I have described in this email. If I don't receive a response which indicates that the City of San Rafael will make immediate modifications to correct the dangerous pathway conditions described in my complaint, I will be forced to take immediate legal actions. The City of San Rafael has been put on notice!

Thank you.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628Mobile: 415-497-1091
Email: rmskaff@comcast.net
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August 17, 2005
Richard Skaff303 Ashton LaneMill Valley, CA 94941
Re: Accessibility Complaint – 3rd @ Lootens City Owned Structure
Dear Mr. Skaff: Thank you for taking time to point out ADA accessible parking space issues in the 3rd @ Lootens Parking Structure and the adjacent path of travel leading to 4th street. I have asked our City staff to take a look at this location once again in response to your compliant.

Parking spaces at this location were examined by the Department of Justice as part of their Project Civic Access completed last year. Those parking spaces that had ADA accessibility compliance issues are included as items to be resolved in a Settlement Agreement reached with the City and Federal DOJ in August of 2004. Specific findings in the Settlement Agreement related to this 3rd @ Lootens Parking Structure location are as follows:

‘Lootens parking structure, Third and Lootens, date of construction: 1964. Within two years of the effective date of this Agreement, the City shall complete the following modifications:
Parking spaces
N.E. Lower level (#1)
The parking designated as accessible is inaccessible because the space has no access aisle. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles 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), 4.6.3, Fig. 9.
The parking designated as accessible is inaccessible because the sign can be obstructed. At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).
There are no parking spaces designated as van accessible. In addition to providing one van accessible space as required by the Standards, the City agrees to install an additional van accessible space at this lot based on the drainage issues at the Lootens and Commercial Lot (914 Lootens Place) and provide directional signage. On the shortest accessible route to the accessible entrance, provide at least two van accessible spaces designated as reserved for people with disabilities. 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).
The parking designated as accessible is inaccessible because S.E. #2 space is 87 inches wide, and S.W. #4 space is 86 inches wide. Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.’

The two year anniversary date for complying with these DOJ requirements is August 5, 2006. The City fully intends to comply by the due date and provide the remedies as outlined in the above DOJ findings.

As required under the City of San Rafael’s Grievance Procedure, I am required to meet with you within 15 calendar days of receiving the ADA compliant. Based upon your filing of August 9th, I would like to extend an opportunity to meet with you (either in person or by phone, whichever you wish) on August 23rd at 10:00 a.m. If you wish to meet in person, the meeting would occur in the Conference Room on the second floor of City Hall.

Feel free to contact me at your earliest convenience. I can be reached at 415-485-3055 or e-mailed at ken.nordhoff@ci.san-rafael.ca.us. Thank you for taking time to bring this issue to our attention and cooperating with us while we look into this complaint. The City of San Rafael remains committed to serving all members of our community, including those with disabilities.
Sincerely,Ken Nordhoff
Assistant City Manager and ADA CoordinatorCopy: Rod Gould, City ManagerScott Schneider, Senior Civil EngineerEric Davis, Deputy City Attorney
W:\City Managers- WorkFile\Correspondence\Nordhoff\Letters\2005\ADA- Complaints-3rd and Lootens garage- rs.doc
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COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING AND SAFETY DIVISION
1400 Fifth Avenue, San Rafael, CA 94901
TEL. (415) 485-3367; FAX (415) 485-3184

COMPLAINT FOR DISABLED ACCESS INVESTIGATION COMPLAINT
LOCATION: 3rd and Lootens City-Owned Garage
COMPLAINANT: APN(s): Name(s): Richard Skaff Owner(s): City of San Rafael
Address: 303 Ashton Lane Mill Valley, Ca. 94941Phone: 415-389-8628
DESCRIPTION OF COMPLAINT: “Accessible” parking spaces aren’t! Paths-of-travel from public right-of-way to and into parking garage to accessible spaces are not accessible and signage is non-complying. This is a heavily used City garage that needs corrections made soon. I actually fell out of my wheelchair attempting to access the garage and my vehicle using the mid-block walkway from 4th Street (next to San Rafael Joe’s Restaurant) to the garage. The walkway is in violation of both state and federal access codes/regulations as is the garage.
cx
Path of travel (CBC 1114B.1.2); location:
Non-complying path-of-travel from public right-of-way to non-complying “accessible” parking spaces x
Parking (CBC 1129B); location:
Non-complying parking spaces and signage
c
Curb ramps (CBC 1127B.5); location:
c
Stairways (CBC 1133B.4); location:
xc
Ramps (CBC 1133B.5); location:
Non-complying mid-block walkway between 4th Street and garage-slope greater than 5% w/no handrails and no mid-landings. Bottom of ramp at garage has “swail” gutter drain which caused my wheelchair to stop and me to fall out of my wheelchair. c
Access to toilets (CBC 1115B.7); location:
cx
Walks & sidewalks (CBC 1133B.7); location:
Since the City of San Rafael probably doesn’t call the mid-block ramp between 4th Street and the City parking garage (behind San Rafael Joe’s Restaurant), even though it’s not next to a roadway and has a much greater slope than 5%, it could be considered a “walk”?
c
Doors (CBC 1133B.2); location:
c
Entrances & exits (CBC 1133B.1); location:
c
Telephones (CBC 1117B.2.1); location:
c
Water fountains (CBC 1117B.1.1); location:
c
Elevators (CBC 1116B.1); location:
c
Signs (CBC 1117B.5); location:
c
Other:
c
Other:
Confidentiality Notice: To the extent permitted by law, the City will not disclose the identify of the complainant to members of the public or in response to Public Records Act requests or subpoenas.
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----- Original Message -----
From: Ken Nordhoff
To: Richard Skaff ; Eric Davis ; Rod Gould
Cc: Scott Schneider
Sent: Wednesday, August 17, 2005 4:38 PM
Subject: RE: City of San Rafael - Complaint - Access Violations - 3rd and Lootens Parking Garage
Mr. Skaff –
Attached please find my response to your e-mail of last week concerning alleged ADA parking space violations at the 3rd and Lootens Structure and the related walkway that leads to 4th street.

Ken Nordhoff

From: Richard Skaff [mailto:rmskaff@comcast.net] Sent: Tuesday, August 09, 2005 3:59 PMTo: Eric Davis; Rod Gould; Ken NordhoffCc: Alberto Gonzalez; Peter Siggins; Kevin E. Davis; Baker, Kevin; SHELLEY.CURRAN@SEN.CA.GOV; norman.mineta@ost.dot.gov; frederickd.isler@fhwa.dot.gov; Brenda.Armstead@fhwa.dot.gov; Bobo, Karen; michael.winter@fta.dot.gov; Janet Blizard; Marsha MazzSubject: City of San Rafael - Complaint - Access Violations - 3rd and Lootens Parking Garage

8/9/05

Mr. Ken Nordhoff
Assistant City Manager/ADA Coordinator
City of San Rafael
1400 5th Avenue
San Rafael, California

Mr. Nordhoff,

Please accept the attached City of San Rafael complaint form as a formal complaint about access violations to and within the City parking garage located behind San Rafael Joe's Restaurant and the mid-block path-of-travel to that lot from 4th Street in San Rafael. What is this sites priority based on the City's Transition/Self-evaluation Plan or the U.S. DOJ settlement agreement? Whatever that priority is, it should immediately be made higher due to the unsafe/dangerous conditions that exist both at the site and the paths of travel to the site's "accessible" parking spaces.

Richard Skaff
303 Ashton Lane
Mill Valley, Ca. 94941
Voice & Fax: 415-389-8628Mobile: 415-497-1091
Email: rmskaff@comcast.net