WILLITS, et al v. CITY OF LOS ANGELES - Notice of Proposed Settlement of Class Action Lawsuit

SUMMARY OF THE PROPOSED SETTLEMENT AGREEMENT

The Settlement Agreement will be in effect for thirty (30) years. Throughout that time period, the City will implement a program to improve access to Pedestrian Facilities for people with mobility disabilities. The program will include the following main components:

1. Access Barrier Removal in Existing Pedestrian Facilities

The Settlement Agreement requires the City to spend approximately $1.37 billion over the next thirty (30) years to implement a program to remove or remediate access barriers in existing Pedestrian Facilities. The City will allocate funding for the program according to the following schedule: $31 million per year for the first five years; $35.7 million per year for years six through ten; $41.2 million per year for years eleven through fifteen; $47.5 million per year for years sixteen through twenty; $54.8 million per year for years twenty one through twenty-five; and $63.17 million per year for years twenty-six through thirty.

The settlement funds will be used, among other things, for installation, repair, remediation, construction, design, inspection, monitoring and administrative fixed costs of or relating to the following types of improvements: (1) installation of missing curb ramps; (2) repair of damage that tree roots have caused to sidewalk or walkway surfaces; (3) upgrading of existing curb ramps; (4) repair of broken and/or uneven pavement in the pedestrian rights of way; (5) repair of vertical or horizontal displacement or upheaval of the sidewalk or crosswalk surfaces; (6) correction of non-compliant cross-slopes in sidewalks or sections of sidewalks; (7) removal of protruding and overhanging objects and/or obstructions; (8) widening of pedestrian rights of way; (9) providing clearance to the entrances of public bus shelters; (10) repair of excessive gutter slopes at the bottom of curb ramps leading into crosswalks; (11) elimination of curb ramp lips on curb ramps; (12) installation of accessible tree grates; (13) installation of utility covers; and (14) remediating other non-compliant conditions.

2. Priority Guidelines for Removal of Access Barriers

In selecting, removing, and remediating existing access barriers, the City will exercise its discretion and give priority to Pedestrian Facilities serving the following locations: (1) City government offices and facilities; (2) transportation corridors; (3) hospitals, medical facilities, assisted living facilities, and other similar facilities; (4) places of public accommodation such as commercial and business zones; (5) facilities containing employers; and (6) other areas such as residential neighborhoods and undeveloped areas.

3. Access Request Program

During the thirty-year term of the Settlement Agreement, settlement class members will have the opportunity to submit requests to remove or remediate access barriers. Requests for barrier removal will be reviewed and investigated in the order received. The City will use its best efforts, to the extent feasible, to complete each requested barrier removal or remediation within 120 day of receiving the request. If the City has multiple requests, it will give highest priority to requests for barrier removal in residential neighborhoods or that are necessary to provide access to bus stops or other forms of public transit. The City will also give priority to removing barriers that inhibit access to: (1) City government offices and facilities; (2) hospitals, medical facilities, assisted living facilities, and other similar facilities; (3) places of public accommodation such as commercial and business zones; and (4) facilities containing employers.

4. Access to Newly Constructed and Altered Facilities

In implementing the program, the City will ensure that all future construction and alteration work on Pedestrian Facilities will be in compliance with applicable disability access standards. In addition, the City will upgrade noncompliant curb ramps and/or install new curb ramps where existing ramps are lacking in connection with street resurfacing and repaving and other major street improvement projects. Barrier removal in connection with such new construction and alterations will not be funded by the $1.37 billion fund described in paragraph 1. Those improvements will be paid for separately by the City.

5. Access and Construction Database

Within the first two years of the program, the City will create a database that will include: (1) lists and maps of all locations where curb ramps and other Pedestrian Facilities have been installed or fixed since the Settlement Agreement went into effect; (2) a list of the pending access requests submitted to and received by the City; (3) a list and map of the access requests processed and completed by the City; (4) a list and map of all locations of Pedestrian Facilities about which the City received access grievances or complaints; (5) the amount of settlement funds the City has spent on access improvements; and (6) a list and display of the City’s street construction and resurfacing or repaving projects that involve alterations or improvements to pedestrian pathways.

The database will be made available to the public in electronic form on or through the City’s official website and in written form through the office of the ADA Coordinator. The access information in the database will also be made available to the public upon request in the form of printed maps, as well as in necessary and appropriate alternative formats, including foreign languages (consistent with ballot requirements), large print, Braille (if feasible) and accessible electronic formats that can be recognized and read by software commonly used by persons with visual impairments to read digital information.

6. ADA Coordinator

Within the first year of the program, the City will hire an ADA Coordinator for the City’s Pedestrian Facilities. The ADA Coordinator will have substantial experience in evaluating or assisting public entities in evaluating the accessibility of facilities under Title II of the ADA, be knowledgeable regarding current federal and state accessibility standards, have a minimum of three years’ experience in providing ADA services related to accessible facilities, and will be licensed either as an architect or as a registered civil engineer. The ADA Coordinator will also obtain CASp (certified access specialist) certification within no more than twelve months of her or his hire date.

7. Monitoring

Class Counsel shall be responsible for monitoring the City’s implementation of the Settlement Agreement throughout its thirty-year term. Throughout the term of the Settlement Agreement, the City will provide Class Counsel with regular reports about the City’s compliance with the terms of the Settlement Agreement. The City and Class Counsel will also meet periodically during the term of the Settlement Agreement to discuss the City’s efforts to implement and comply with the Settlement Agreement.